EXPLANATORY STATEMENT
STATUTORY RULE 1982 NO. 269
ISSUED BY THE AUTHORITY OF THE MINISTER FOR COMMUNICATIONS
Section 13 of the Radiocommunications Licence Fees Act 1982 (Act 65 assented to on 16 June 1982) (the Act) provides that the Governor-General may make regulations required or permitted by the Act for giving effect to the Act.
The Act expressly imposes fees in the nature of taxes for the grant or renewal of radiocommunication licences with the actual rates and form of any exemption fixed by regulations. By virtue of Section 11 of the Act, the Act applies to the grant or renewal of a licence on or after 1 July 1981. Following consultation with the industry on fees, agreement has been reached on the initial fee scale to be prescribed by the regulations.
The Radiocommunications Licence Fee Regulations (the Regulations) fix the level of fees to be paid for the grant or renewal of a radiocommunications licence.
As the decision to increase fees to full cost recovery has strained the financial resources of certain operators, the Regulations provide for the fees to be phased in over a three year period.
Details of the Regulations are set out below:
Regulation 1 and 2 deal with interpretation provisions.
Regulation 3 provides for the payment of fees in respect of the grant or renewal of a licence at a rate specified in the Schedule to the Regulations.
Regulation 4 contains the formula by which the fees are to be phased in over a three year period and has the effect of giving some operators a concession.
Sub-Regulation 4(1) deals with interpretation provisions for the purposes of the Regulation.
The effect of sub-regulations 4(2) and (3) is, that where the fee paid by the licensee of a commercial television station under the Television Stations Licence Fees Act 1964 is less than $25,000; the fees payable by the licensee under the Regulations are calculated as follows:
(a) for the 1981/82 period 25% of the 1981/82 scheduled radiocommunications licence fees;
(b) for the 1982/83 period 50% of the 1982/83 scheduled radiocommunications licence fees; and
(c) for the 1983/84 period 75% of the 1983/84 scheduled radiocommunications licence fees.
The effect of sub-regulations 4(4) and (5) is that where the fees paid by the licensee of a commercial television station under the Regulations exceed $10,000, the actual fees payable by the licensee are calculated as follows:
(a) for the 1981/82 period the fees payable are $10,000;
(b) for the 1982/83 period the fees payable are $10,000 plus 33 1/3% of the difference between that sum and the 1982/83 scheduled fees; and
(c) for the 1983/84 period the fees payable are $10,000 plus 66 2/3% of the difference between that sum and the 1983/84 scheduled fees.
Sub-Regulation 4(6) provides that where both sub-regulations 4(2) and 4(4) would apply, the fee payable by the person in respect of the grant or renewal of the licence is the lower of the fees calculated by reference to the sub-regulations.
Overview
The Radiocommunications Licence Fee Regulations 1982 were enacted to address the need for a structured fee schedule for the grant or renewal of radiocommunication licences, ensuring the financial viability of the licensing process and the services it supports. Issued under the authority of the Minister for Communications, these regulations were developed following consultations with the industry to agree on an initial fee scale. The Radiocommunications Licence Fees Act 1982 authorised the Governor-General to make regulations necessary for the effective implementation of the Act, which imposes fees in the nature of taxes for licence grants or renewals. The regulations introduce a phased approach to fee implementation, easing the financial burden on operators transitioning to full cost recovery. The objective is to provide a transitional structure that allows operators to adjust to the new fee scales over three years, thereby maintaining the operational stability of the industry.
Scope and Application
The Radiocommunications Licence Fees Act 1982, as amended by the Statutory Rule 1982 No. 269, governs the imposition of fees for the grant or renewal of radiocommunication licences in Australia, applying to any licence issued on or after 1 July 1981. The Act mandates that fees, which are in the nature of taxes, are to be set by regulation, with the actual rates and any exemptions being detailed in these regulations. The Act applies to a wide range of entities involved in radiocommunication activities, including commercial entities, broadcasters, and other relevant industries. The scope of the Act is further extended through the Radiocommunications Licence Fee Regulations, which detail the fee structures and the phased implementation of fees over a three-year period to mitigate financial strain on certain operators. These regulations also provide specific formulae for calculating fees, offering concessions for commercial television station licensees with lower fee brackets, and ensuring a structured transition to full cost recovery fees.
Key Provisions
The Radiocommunications Licence Fee Regulations (the Regulations) lay out the specifics of the fees that need to be paid for the grant or renewal of a radiocommunications licence. Regulation 3 specifies the rates of fees to be paid, which are detailed in the Schedule to the Regulations. Regulation 4 provides the formula for phasing in these fees over a three-year period, offering concessions to certain operators. For example, if a commercial television station licensee pays less than $25,000 in fees under the Television Stations Licence Fees Act 1964, the fees payable under the Regulations will be 25% of the scheduled fees for 1981/82, 50% for 1982/83, and 75% for 1983/84. Conversely, if the fees paid exceed $10,000, the fees payable will be $10,000 for 1981/82, $10,000 plus 33 1/3% of the difference for 1982/83, and $10,000 plus 66 2/3% of the difference for 1983/84. Sub-Regulation 4(6) stipulates that if both conditions apply, the lower fee must be paid.
The Regulations impose specific obligations on entities that are subject to the Radiocommunications Licence Fees Act 1982. Primarily, these entities must pay the fees as outlined in the Regulations, which are phased in over three years. For commercial television station licensees, the fee is calculated based on their fees under the Television Stations Licence Fees Act 1964. If a licensee's fees are less than $25,000, they must pay 25% of the scheduled fees for 1981/82, 50% for 1982/83, and 75% for 1983/84. If the fees exceed $10,000, they must pay $10,000 for 1981/82, $10,000 plus 33 1/3% of the difference for 1982/83, and $10,000 plus 66 2/3% of the difference for 1983/84. The lower of the two fees applies if both conditions are met.
Failure to comply with the obligations set out in the Regulations may lead to various consequences. Although specific offences and penalties are not detailed in the provided text, it is reasonable to infer that non-compliance with statutory requirements in Australia can lead to legal action. Typically, breaches of statutory obligations can result in fines, enforcement actions, or other civil penalties. For serious breaches, criminal penalties may also apply, although the exact nature of these penalties would need to be referred to in the principal Act or other relevant legislation. The maximum penalties would depend on the severity of the breach and the specific provisions of the Radiocommunications Licence Fees Act 1982.