EXPLANATORY STATEMENT
STATUTORY RULES 1984 No. 222 ISSUED BY THE
AUTHORITY OF THE MINISTER FOR COMMUNICATIONS
Details of the proposed regulations are as follows:
Regulation 1 provides that the regulations shall come into operation on 1 September 1984.
Regulation 2 amends Regulation 3A of the Radiocommunications Licence Fees Regulations. The existing reference to a licence “referred to in Item 32 of the schedule” is now obsolete, and is omitted in favour of a reference to a “fixed station, Class C.” The fee for this class of fixed station increases with the bandwidth range in kiloherz. It is also higher in a high density location than in a low density location. The existing regulation contains a table of fees for the various types of fixed station, Class C. This is deleted and replaced with an updated table of fees.
Regulation 3 amends regulation 4 of the Radiocommunications Licence Fees Regulations.
The existing definition of “relevant licence” refers to an obsolete item number on the schedule to the Regulations. This is deleted in favour of a reference to a fixed station, Class C licence granted or renewed for a certain prescribed period. Paragraphs 3(a) and 5(a) similarly make reference to obsolete item number 5 and are replaced with paragraphs making explicit reference to categories of fixed station.
Regulation 4 repeals the existing schedule to the Radiocommunications Licence Fees Regulations and substitutes a Schedule with revised fees which makes provision for all licences currently available under the Wireless Telegraphy Regulations.
Overview
The statutory rules 1984 No. 222, issued by the authority of the Minister for Communications, concern amendments to the Radiocommunications Licence Fees Regulations. Enacted in 1984, these regulations aim to update and streamline the fees associated with various classes of fixed station licences under the Wireless Telegraphy Regulations. The primary purpose of these regulations is to address outdated references in the existing fee structure and to ensure that the fee schedule accurately reflects current licensing practices, including variations based on bandwidth and location density. The amendments are designed to provide clarity and ensure that the fee structure remains current and relevant to the evolving nature of radiocommunications. This statutory update aims to maintain a coherent and effective regulatory framework for licensing in the radiocommunications sector.
Scope and Application
The Statutory Rules 1984 No. 222, issued under the authority of the Minister for Communications, amend the Radiocommunications Licence Fees Regulations to bring them into alignment with current practices and classifications. These regulations primarily apply to entities holding or seeking to obtain a Class C fixed station licence under the Wireless Telegraphy Regulations, with the changes taking effect from 1 September 1984. The amendments encompass the updating of obsolete references to new classifications of fixed station licences and the introduction of a revised fee structure, which is dependent on the bandwidth range and location density. The changes also include the substitution of an updated fee schedule to reflect the current types of licences available. Notably, the regulations do not specify exclusions or exemptions but do modify existing definitions and fee tables to ensure they are reflective of contemporary regulatory standards. Subordinate instruments may further detail or expand upon the application of these regulations as necessary.
Key Provisions
The primary provisions of these regulations (Regulations 2, 3, and 4) focus on updating and clarifying the fee structures for various fixed station licences, particularly those of Class C. Regulation 2 introduces updated fee rates for fixed station licences based on their bandwidth and location density, replacing the previous fee structure (Regulation 2). Regulation 3 revises the definition of “relevant licence” and updates references to fixed station categories, ensuring alignment with the current licensing framework (Regulation 3). Regulation 4 repeals the existing fee schedule and replaces it with a new schedule that incorporates all the current fees for various licences, ensuring the fee structure is comprehensive and up-to-date (Regulation 4).
These regulations impose several obligations on the parties and entities they govern. Primarily, they require the updating of fee structures for fixed station licences, ensuring that fees reflect the current market conditions, bandwidth usage, and location density. The regulations also mandate that references to obsolete item numbers and categories be replaced with clear and precise definitions and references to fixed station categories (Regulations 2, 3, and 4). Additionally, the new fee schedule must be adhered to when applying for, renewing, or otherwise dealing with fixed station licences under the Wireless Telegraphy Regulations.
Failure to comply with these regulations could result in legal consequences. While the specific offences, penalties, or consequences are not detailed in the provided text, it is reasonable to infer that non-compliance with updated fee structures or definitions could lead to civil or administrative penalties. These may include fines, the requirement to pay the correct fees retroactively, or other administrative actions deemed necessary by the relevant authorities to ensure compliance with the updated regulatory framework. The exact nature and extent of these penalties would typically be outlined in the primary legislation or related guidelines, which are not provided here.