EXPLANATORY STATEMENT
Statutory Rules 1985 No. 202
Issued by the Authority of the Minister for Communications
Section 9 of the Radiocommunications (Frequency Reservation Certificate Tax) Act 1983 (the Act) provides that the Governor-General may make regulations for the purposes of section 7.
Section 7 provides in part that the amount of tax in respect of a frequency reservation certificate is such amount as is ascertained in accordance with the regulations.
On commencement, section 21 of the Radiocommunications Act 1983 will provide that the Minister may grant a certificate reserving an unallocated radiocommunications frequency in a specifed area. While the certificate is in force, the Minister may not grant a licence or permit to operate a transmitter using that frequency except to the holder of the certificate.
Fees for frequency reservation certificates will be levied under the Radiocommunications (Frequency Reservation Certificate Tax) Act. Details of the fees will appear in regulations pursuant to section 9 of the Act.
The Radiocommunications Act 1983 and cognate Acts, of which the Act is one, will commence on 20 August 1985. Pursuant to section 4 of the Acts Interpretation Act 1901, which enables regulations to be made before commencement of an Act, it is wished to make regulations prescribing fees under the Act now so as to take effect from commencement.
Details of the proposed regulations are as follows.
Regulation 1 provides a citation for the regulations.
Regulation 2 provides that the amount of tax in respect of a frequency reservation certificate is an amount calculated at an annual rate of $270.
Authority: Section 9 of the Radiocommunications (Frequency Reservation Certificate Tax) Act 1983.