Radiocommunications Licence Fees Act 1982

Overview

The Radiocommunications Licence Fees Act 1982, enacted by the Parliament of Australia, was established to provide for the payment of fees in respect of licences granted or renewed under the Wireless Telegraphy Act 1905. This legislation was introduced to address the need for a formalised fee structure for radiocommunications licences, ensuring that the Commonwealth received the appropriate compensation for the issuance and renewal of these licences. The Act incorporates the Wireless Telegraphy Act 1905 and extends to external Territories, applying to the grant or renewal of licences on or after 1 July 1981. It outlines the process for determining the amount of fees payable and provides for the possibility of reduced fees or exemptions through regulations, while also addressing the payment of fees for licences granted or renewed during the period prior to the Act's commencement. The overarching policy objective is to maintain a consistent and transparent fee structure for radiocommunications licences, facilitating effective regulation and oversight of the radiocommunications industry.

Scope and Application

The Radiocommunications Licence Fees Act 1982 applies to the payment of fees in respect of licences under the Wireless Telegraphy Act 1905, specifically targeting the persons or entities granted or renewing such licences. It extends to all external territories except those not governed by the Wireless Telegraphy Act 1905. The Act applies to fees associated with the grant or renewal of licences on or after 1 July 1981, and includes provisions for fees pertaining to licences granted during the period immediately preceding the Act's commencement. The Act also applies to corporations established by or under a law of the Commonwealth or a law of a Territory, subject to any applicable regulations. The Act allows for the establishment of different fees for various classes of persons or licences, and includes provisions for exemptions and reduced fees as per the regulations. The Governor-General has the authority to make regulations necessary for the implementation and enforcement of the Act.

Key Provisions

The Radiocommunications Licence Fees Act 1982 (the "Act") provides for the payment of fees in respect of licences under the Wireless Telegraphy Act 1905. Section 6 (1) of the Act mandates that a fee is payable to the Commonwealth by the person to whom the licence is granted or the person who holds the licence that is renewed, whenever a licence is granted or renewed. The Act extends to every external Territory, except those not covered under the Wireless Telegraphy Act 1905 (Section 5). The fees payable are determined according to regulations, which may establish different fees for different classes of persons or licences and may exempt certain classes of persons from fee payments (Section 9). The Act also applies to corporations established by or under a law of the Commonwealth or a law of a Territory, in relation to the grant or renewal of a licence on or after 1 July 1981 (Section 10). The obligations imposed by the Act are primarily on the licensees, requiring them to pay the prescribed fees upon the grant or renewal of their licences. This obligation is subject to any regulations made under the Act, which may specify different fees or exemptions (Section 6). For licences granted or renewed during the period before the Act's commencement, fees are payable within 14 days after the Act's commencement, unless a fee under the Wireless Telegraphy Act 1905 was already paid and not subsequently repaid by the Commonwealth (Section 12). The Act also empowers the Governor-General to make regulations necessary or convenient for carrying out or giving effect to the Act (Section 13). Breaches of the Act's provisions, particularly the non-payment of the required fees, may result in civil or administrative consequences, although specific penalties are not detailed within the Act itself. The Act references the Wireless Telegraphy Act 1905, which might include additional provisions on penalties for non-compliance with licensing requirements. However, the Radiocommunications Licence Fees Act 1982 does not explicitly state penalties for non-payment or other breaches within its text, leaving it to the broader legislative framework or regulations to outline the consequences of non-compliance.