Radiocommunications (Receiver Licence Tax) Amendment Determination 2012 (No. 2)

Administered by Department of Communications and the Arts

Legislation au F2012L01655 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

Prepared by the Australian Communications and Media Authority

Radiocommunications (Receiver Licence Tax) Amendment Determination 2012 (No. 2)

 

Radiocommunications (Receiver Licence Tax) Act 1983

 

The Radiocommunications (Receiver Licence Tax) Amendment Determination 2012 (No. 2) (Amendment Determination) amends the Radiocommunications (Receiver Licence Tax) Determination 2003 (No. 2) (the Determination).  Both the Determination and Amendment Determination are made under subsection 7(1) of the Radiocommunications (Receiver Licence Tax) Act 1983 which provides that the Australian Communications and Media Authority (the ACMA) may determine the amount of tax in respect of:

  • the issue of a receiver licence;
  • the anniversary of a receiver licence coming into force; and
  • the holding of a receiver licence.

 

Background

Under the Radiocommunications Act 1992 (the Act), the ACMA is responsible for maintaining an efficient, equitable and transparent system of charging for the use of spectrum. 

In July 2012, the ACMA made the Radiocommunications (Receiver Licence Tax) Amendment Determination 2012 (No. 1) (the Amendment Determination No. 1) to amend the taxation for certain radiocommunications receiver licences located in the high density areas of the 400MHz band. 

The Amendment Determination No. 1 included an incorrect numerical reference to a frequency band.  The Amendment Determination corrects that reference by specifying that row 4 of table 302 in Part 3 of Schedule 2 of the Determination should show the frequency band >399.9-403 instead of >399.9-960.

Regulation Impact

This amendment seeks to clarify the frequency band that will be subject to the opportunity cost price increase.  This was covered in the Regulation Impact Statement (RIS) on the introduction of opportunity cost prices in the 400 MHz band.  Therefore no further RIS is required.  The OBPR reference number is 13381.   

Consultation

Section 17 of the Legislative Instruments Act 2003 requires the ACMA to be satisfied that any consultation it considered to be appropriate and reasonably practicable to undertake has been undertaken.

The amendment to clarify the frequency band reference is minor and machinery in nature.  The amendment reflects the original proposal which was the subject of extensive consultation. Therefore it is not considered that further public consultation is necessary for this amendment.  Further details regarding the previous consultation are set out in the explanatory statement to the Radiocommunications (Receiver Licence Tax) Amendment Determination 2012 (No. 1). 

Notes on Sections

The provisions of the Amendment Determination are described in Attachment 1.

Statement of Compatibility with Human Rights

A statement of compatibility with human rights for the purposes of Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011 is set out in Attachment 2.

Attachment 1

 

NOTES ON SECTIONS

 

Section 1 Name of Amendment Determination

 

Section 1 provides for the citation of the Amendment Determination as the Radiocommunications (Receiver Licence Tax) Amendment Determination 2012 (No. 2).

 

Section 2 Commencement

 

Section 2 provides that the Amendment Determination will commence on the last to occur of the day the Amendment Determination is registered and immediately after the commencement of item 2 of Schedule 1 of the Radiocommunications (Receiver Licence Tax) Amendment Determination 2012 (No. 1).  Item 2 of Schedule 1 of the Radiocommunications (Receiver Licence Tax) Amendment Determination 2012 (No. 1) will commence on 15 August 2012.

 

Section 3 – Amendment of Radiocommunications (Receiver Licence Tax) Determination 2003 (No. 2)

 

Section 3 provides that the Radiocommunications (Receiver Licence Tax) Determination 2003 (No. 2) is amended in accordance with Schedule 1.

 

Schedule 1       Amendments

 

Item 1

 

Item 1 amends the reference to the frequency band >399.9 – 960 in row 4 of table 302, Part 3, Schedule 2 to >399.9-403”.

 


 

Attachment 2

 

Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

 

Radiocommunications (Receiver Licence Tax) Amendment Determination 2012 (No. 2)

This Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

 

Overview of the Legislative Instrument

The Radiocommunications (Receiver Licence Tax) Amendment Determination 2012 (No. 2) (Amendment Determination) amends the Radiocommunications (Receiver Licence Tax) Determination 2003 (No. 2) (the Determination).  Both the Determination and Amendment Determination are made under subsection 7(1) of the Radiocommunications (Receiver Licence Tax) Act 1983.   

 

The Amendment Determination amends the Determination to clarify a frequency band that will be subject to the opportunity cost price increase. 

 

Human rights implications

This Legislative Instrument does not engage any of the applicable rights or freedoms.

 

Conclusion

This Legislative Instrument is compatible with human rights as it does not raise any human rights issues.

Overview

The Radiocommunications (Receiver Licence Tax) Amendment Determination 2012 (No. 2) amends the Radiocommunications (Receiver Licence Tax) Determination 2003 (No. 2) under the Radiocommunications (Receiver Licence Tax) Act 1983. Enacted by the Australian Communications and Media Authority (ACMA), this amendment was introduced to correct an error in the previously issued Radiocommunications (Receiver Licence Tax) Amendment Determination 2012 (No. 1) by specifying the correct frequency band for the opportunity cost price increase in the 400 MHz band. The objective of the amendment is to ensure the efficient, equitable, and transparent charging system for spectrum usage mandated by the Radiocommunications Act 1992. The ACMA deemed further public consultation unnecessary as the amendment was of a minor and machinery nature, reflecting the original proposal which had undergone extensive consultation. The amendment ensures compliance with human rights, as it does not engage any of the applicable rights or freedoms under the Human Rights (Parliamentary Scrutiny) Act 2011.

Scope and Application

The Radiocommunications (Receiver Licence Tax) Amendment Determination 2012 (No. 2) amends the Radiocommunications (Receiver Licence Tax) Determination 2003 (No. 2) under subsection 7(1) of the Radiocommunications (Receiver Licence Tax) Act 1983. This legislation applies to the issue, anniversary, and holding of receiver licences within the specified frequency bands for radiocommunications. The amendment focuses on correcting an error in the frequency band reference in the previous Amendment Determination 2012 (No. 1). The amendment applies nationally, affecting all entities and individuals holding or applying for receiver licences within the specified frequency bands. The Australian Communications and Media Authority (ACMA) is responsible for maintaining the efficient, equitable, and transparent system of charging for the use of spectrum under the Radiocommunications Act 1992. The Amendment Determination rectifies an incorrect numerical reference to a frequency band, specifying that row 4 of table 302 in Part 3 of Schedule 2 should show the frequency band “>399.9-403” instead of “>399.9-960”. The amendment is of a minor and machinery nature, and the ACMA considers it unnecessary to conduct further public consultation as the original proposal was extensively consulted on. The Amendment Determination is compatible with human rights as it does not engage any of the applicable rights or freedoms.

Key Provisions

The Radiocommunications (Receiver Licence Tax) Amendment Determination 2012 (No. 2) amends the Radiocommunications (Receiver Licence Tax) Determination 2003 (No. 2). This Amendment Determination, under subsection 7(1) of the Radiocommunications (Receiver Licence Tax) Act 1983, corrects an error in the frequency band reference specified in the Determination. Specifically, it updates row 4 of table 302 in Part 3 of Schedule 2 of the Determination, correcting the frequency band from “>399.9-960” to “>399.9-403”. The aim of this amendment is to clarify the frequency band that will be subject to the opportunity cost price increase. The Amendment Determination imposes specific obligations on the Australian Communications and Media Authority (ACMA) to ensure that the correct frequency band is referenced in the Determination. This involves updating and maintaining accurate records to reflect the corrected frequency band. The ACMA must ensure that the Amendment Determination is implemented in a manner that aligns with the legislative framework, including the Radiocommunications Act 1992, which mandates the ACMA's role in maintaining an efficient, equitable, and transparent system of charging for the use of spectrum. There are no specific offences, penalties, or civil/criminal consequences outlined in the Amendment Determination itself. However, any breaches of the Radiocommunications (Receiver Licence Tax) Act 1983 or the Radiocommunications Act 1992 could lead to penalties. For example, under the Radiocommunications Act 1992, there could be fines and other penalties for non-compliance with licensing requirements or for providing false or misleading information. The exact penalties would depend on the specific breach and the relevant provisions of the Acts. The Amendment Determination serves to correct an administrative error and does not introduce new penalties but ensures compliance with the correct legislative provisions.

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