EXPLANATORY STATEMENT
Radiocommunications (Charges) Amendment Determination 2015 (No.1)
Australian Communications and Media Authority Act 2005
Legislative Provisions
The Radiocommunications (Charges) Amendment Determination 2015 (No.1) (the Amendment Determination) has been made by the Australian Communications and Media Authority (the ACMA) to amend the Radiocommunications (Charges) Determination 2007 (the Determination). The Amendment Determination corrects two minor errors in the Determination by removing duplicated words.
Subsection 60(1) of the Australian Communications and Media Authority Act 2005 (the ACMA Act) provides that the ACMA may, by written instrument, make determinations fixing charges for services and facilities provided by the ACMA and for any matter in relation to which expenses are incurred by the ACMA under the ACMA Act and the Radiocommunications Act 1992. The charges must not be such as to amount to taxation.
The Amendment Determination is a legislative instrument for the purposes of the Legislative Instruments Act 2003 (LIA).
Subsection 33(3) of the Acts Interpretation Act 1901 provides that where an Act confers a power to make a legislative instrument, the power shall be construed to include a power exercisable in the like manner and subject to the like conditions (if any) to repeal, rescind, revoke, amend or vary any such instrument.
Background
The ACMA amended the Determination in October 2014 by which the fees payable to the ACMA for a range of services provided by the ACMA under the ACMA Act and the Radiocommunications Act 1992 were revised. The drafting of that amendment included two minor errors whereby the words “(including GST)” were duplicated.
Regulation Impact
The Office of Best Practice Regulation (OBPR) has advised the proposed changes correcting the drafting error are minor in nature and a Regulation Impact Statement is not required for the Amendment Determination. The OBPR reference number is ID 17174.
Consultation
Subsection 18(1) of the LIA provides that the nature of an instrument may be such that consultation may be unnecessary or inappropriate. The ACMA considers that it is unnecessary in this instance to consult on the Amendment Determination, as it only correct two minor drafting errors that do not substantively alter the content of the Determination.
Commencement of Determination
The Amendment Determination commences on 5 April 2015 which is the date of commencement of the provisions in which the errors appear.
Notes on Sections
The provisions of the Amendment Determination are described in Attachment 1.
Statement of Compatibility with Human Rights
Subsection 9(1) of the Human Rights (Parliamentary Scrutiny) Act 2011 requires the rule maker in relation to a legislative instrument to which section 42 (disallowance) of the LIA applies to cause a statement of compatibility to be prepared in respect of that legislative instrument.
This statement has been prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011. The Amendment Determination corrects two minor drafting errors in the 2014 Amendment Determination.
The ACMA has considered whether the Amendment Determination engages any applicable human rights or freedoms and has formed the view that it does not. The Amendment Determination is compatible with human rights as it does not raise any human rights issues.
Attachment 1
NOTES ON SECTIONS
Section 1 - Name of Determination
Section 1 provides for the citation of the Amendment Determination as the Radiocommunications (Charges) Amendment Determination 2015 (No.1).
Section 2 - Commencement
Section 2 provides that Schedule 1 will commence on 5 April 2015.
Section 3 – Amendment of Radiocommunications (Charges) Determination 2007
Section 3 provides that the Radiocommunications (Charges) Determination 2007 is amended in accordance with Schedule 1.
Schedule 1- Amendments commencing on 5 April 2015
Item [1] removes the duplicated words “(including GST)” from Schedule 2, Part 3, item 3.1, column 3.
Item [2] removes the duplicated words “(including GST)” from Schedule 2, Part 3, item 3.2, column 3.
Overview
The Radiocommunications (Charges) Amendment Determination 2015 (No.1) was enacted to correct two minor errors in the Radiocommunications (Charges) Determination 2007, as made under the Australian Communications and Media Authority Act 2005. This Amendment Determination was introduced by the Australian Communications and Media Authority (ACMA) to address inaccuracies in the original Determination where the phrase "(including GST)" was erroneously duplicated. The policy objective behind this amendment is to ensure the accuracy and integrity of the legislative instrument governing the charges for radiocommunications services and facilities provided by the ACMA. This correction does not substantively alter the content or the charges themselves, thus maintaining the established regulatory framework. The Amendment Determination came into effect on 5 April 2015, the same date as the original errors appeared in the 2014 Amendment Determination.
Scope and Application
The Radiocommunications (Charges) Amendment Determination 2015 (No.1) amends the Radiocommunications (Charges) Determination 2007, correcting two minor errors in the original determination by removing duplicated words. This amendment is made by the Australian Communications and Media Authority (ACMA) under the authority provided by the Australian Communications and Media Authority Act 2005. The amendment does not alter the substantive content of the original determination, which revises the fees payable to the ACMA for a range of services provided under the ACMA Act and the Radiocommunications Act 1992. The ACMA considers consultation unnecessary due to the minor nature of the corrections. The Amendment Determination is effective from 5 April 2015 and is compatible with human rights, as it does not engage any applicable human rights or freedoms. The changes are limited to correcting duplicated text and do not extend or restrict the application of the original determination.
Key Provisions
The Radiocommunications (Charges) Amendment Determination 2015 (No.1) amends the Radiocommunications (Charges) Determination 2007 by correcting two minor errors that occurred in the original drafting (section 3). These corrections involve the removal of duplicated words, specifically "(including GST)", from two specific items in Schedule 2, Part 3 of the 2007 Determination. The Amendment Determination is set to commence on 5 April 2015, the same date on which the errors in the original Determination first appeared (section 2).
The Australian Communications and Media Authority (ACMA) is obligated to ensure that any charges it sets for services and facilities, or for matters that incur expenses, do not amount to taxation, in accordance with subsection 60(1) of the Australian Communications and Media Authority Act 2005. This obligation extends to ensuring that any amendments to these charges, such as those made by the Amendment Determination, also comply with this requirement. The ACMA is further tasked with maintaining the accuracy and clarity of its legislative instruments, as evidenced by the need to correct the minor drafting errors in the 2007 Determination.
There are no specific offences or penalties outlined in the Amendment Determination itself, as its purpose is purely corrective. However, should the ACMA fail in its duty to ensure that its charges do not amount to taxation, or if it neglects to maintain accurate legislative instruments, it could face broader legal and regulatory scrutiny. The penalties for such failures would depend on the specific nature of the breach and the relevant provisions of the ACMA Act and other applicable laws.
In terms of civil or criminal consequences, the Amendment Determination does not introduce any new liabilities or penalties. It is a technical correction and does not alter the substantive content of the original Determination. Therefore, no additional civil or criminal consequences arise from this Amendment Determination. The ACMA's compliance with its legislative obligations remains paramount, and any failure to adhere to these could result in broader legal repercussions, though these are not specified within the Amendment Determination itself.