Radiocommunications (Fee Charging - Amateur Licences) Revocation Determination 2019

Overview

The Radiocommunications (Fee Charging – Amateur Licences) Revocation Determination 2019 was enacted to address a gap in the legislative framework concerning the charging of fees for amateur radio licences. This determination was made by the Australian Communications and Media Authority (ACMA) under subsection 298A(1) of the Radiocommunications Act 1992. The primary objective of this determination is to revoke the Radiocommunications (Ability to Charge Fees – The Wireless Institute of Australia) Determination 2003, which previously allowed specific fees to be charged for amateur radio licences. The revocation is intended to align with the current regulatory environment and ensure consistency in the application of fee structures for amateur radio licences. This instrument came into effect on the later of the day after its gazette on 1 February 2019 or the commencement date of 2 February 2019.

Scope and Application

The Radiocommunications (Fee Charging – Amateur Licences) Revocation Determination 2019 revokes the Radiocommunications (Ability to Charge Fees – The Wireless Institute of Australia) Determination 2003. This instrument applies to the Australian Communications and Media Authority (ACMA) and pertains specifically to the ability of the Wireless Institute of Australia to charge fees for amateur radio licences. It does not apply to other entities or individuals unless directly involved in the administration of amateur radio licences by the Wireless Institute of Australia. The geographic scope of this legislation is national, as it operates within the framework of the Radiocommunications Act 1992, which is a Commonwealth Act. The revocation of the 2003 determination means that the Wireless Institute of Australia can no longer charge fees for amateur radio licences, effectively nullifying any previous ability to do so. The commencement date of this revocation is the later of the start of the day after it is gazetted or 2 February 2019. There are no stated exclusions, exemptions, or thresholds in this determination, and it does not extend or restrict application through subordinate instruments beyond its stated scope.

Key Provisions

The Radiocommunications (Fee Charging – Amateur Licences) Revocation Determination 2019, made under section 298A(1) of the Radiocommunications Act 1992, revokes the previous determination allowing certain fees to be charged by the Wireless Institute of Australia for amateur radio licences. This instrument, which is named accordingly in section 1, commences on 2 February 2019, or the day after its gazette, whichever is later, as stipulated in section 2. Furthermore, section 3 repeals the Radiocommunications (Ability to Charge Fees – The Wireless Institute of Australia) Determination 2003, which had previously allowed the Wireless Institute of Australia to charge fees for amateur radio licences. In terms of the obligations and requirements imposed by this Determination, it effectively nullifies any previous authority for the Wireless Institute of Australia to charge fees related to amateur radio licences. This means that, following the commencement of this Determination, the Wireless Institute of Australia is no longer permitted to charge any fees for the issuance or renewal of amateur radio licences. This change in legislation aims to ensure that the regulation and oversight of amateur radio licensing remains under the purview of the Australian Communications and Media Authority (ACMA), without the involvement of third-party entities. There are no specific offences, penalties, or consequences outlined within the text of the Radiocommunications (Fee Charging – Amateur Licences) Revocation Determination 2019. However, any breach of the Radiocommunications Act 1992 or its associated regulations may result in civil or criminal consequences, depending on the nature and severity of the offence. For example, unauthorised fee charging could be considered an offence under the Act, and penalties could include fines or imprisonment, as determined by the relevant courts. It is essential for all parties involved to remain compliant with the Act and any associated regulations to avoid potential legal consequences.