Radiocommunications (Fee Charging – Amateur Licences) Determination 2019

Overview

The Radiocommunications (Fee Charging – Amateur Licences) Determination 2019 was enacted by the Australian Communications and Media Authority (ACMA) under the Radiocommunications Act 1992. This determination addresses the specific issue of enabling the University of Tasmania to charge fees for its functions related to amateur radio licences. The Act was introduced to provide a regulatory framework for radiocommunications in Australia, ensuring efficient and effective management of radio spectrum. The policy objective is to streamline the administration of amateur radio licences, allowing approved entities like the University of Tasmania to contribute to the costs associated with their regulatory functions. This determination commences at the start of the day after its gazette, granting the University of Tasmania the authority to charge fees for its activities under the Radiocommunications Act 1992. By enabling the University of Tasmania to charge fees, the ACMA aims to ensure that the costs of administering amateur radio licences are covered by the entities performing these functions, thereby maintaining the integrity and efficiency of the licensing process.

Scope and Application

The Radiocommunications (Fee Charging – Amateur Licences) Determination 2019 applies specifically to the University of Tasmania, which has been approved by the Australian Communications and Media Authority (ACMA) to perform certain functions under the Radiocommunications Act 1992. This approval allows the University of Tasmania to charge fees for the services it provides related to amateur radio licences. The scope of this determination is limited to the University of Tasmania and its authorised functions under the Act, and it does not extend to any other entities or individuals. The geographic reach of this legislation is national, as it pertains to the Radiocommunications Act 1992, which is a Commonwealth Act. The commencement of this determination occurs at the start of the day following its gazette, and there are no stated exclusions, exemptions, or thresholds within this specific determination. However, the broader application and conditions of fee charging may be further defined in subordinate instruments or the Act itself.

Key Provisions

The Radiocommunications (Fee Charging – Amateur Licences) Determination 2019 (paragraph 1) identifies the University of Tasmania as an entity approved by the Australian Communications and Media Authority (ACMA) to charge fees for functions it performs under the Radiocommunications Act 1992. This is stated clearly in section 3(1) of the Determination. Section 3(2) provides definitions, clarifying that ACMA refers to the Australian Communications and Media Authority, and Act refers to the Radiocommunications Act 1992. The University of Tasmania, being a body corporate as mentioned in section 4 of the University of Tasmania Act 1992 (Tas), is the specific entity recognised in this Determination. The obligations and requirements imposed by this Determination on the University of Tasmania are primarily related to its ability to charge fees for performing functions under the Radiocommunications Act 1992, as outlined in section 3(1). The University of Tasmania, by virtue of being approved by the ACMA, is allowed to charge fees in relation to these functions. This approval is contingent upon the University adhering to the terms and conditions set forth by the ACMA and as stipulated in the Radiocommunications Act 1992. The University must ensure that any fees charged are reasonable and are directly related to the services provided under the Act. The Determination does not explicitly list specific offences, penalties, or civil/criminal consequences for breaches. However, any breach of the terms under the Radiocommunications Act 1992 or the terms of approval by the ACMA could potentially result in regulatory action. This might include fines, revocation of the approval to charge fees, or other enforcement actions by the ACMA. The penalties for breaches would be determined in accordance with the provisions of the Radiocommunications Act 1992, which could vary depending on the nature and severity of the breach.