EXPLANATORY STATEMENT
STATUTORY RULES 1985 NO. 201
Issued by the Authority of the Minister for Communications
Section 9 of the Radiocommunications (Receiver Licence Tax) Act 1983 (the Act) provides that the Governor-General may make Regulations for the purposes of section 7 of the Act.
Section 7 provides that the amount of tax in respect of the grant of a receiver licence is such amount as is calculated in accordance with the regulations. Different amounts of tax may be prescribed in respect of receiver licences included in different classes of receiver licences or in respect of persons included in different classes of persons.
On commencement, section 37 of the Radiocommunications Act 1983 will make it an offence to operate or possess a receiver belonging to a prescribed class of receivers except in accordance with a receiver licence. Prescribed classes of receiver will be listed in regulation 7 of the Radiocommunications (licensing and General) Regulations, pursuant to section 36 of the Radiocommunications Act 1983. A common feature of these receivers is that they require coordination procedures to be carried out by the Department in order to safeguard them from interference. Licensing them is seen as a way to recoup the cost of these procedures.
Fees for receiver licences will be levied under the Radiocommunications (Receiver Licence Tax) Act 1983. 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 definitions of terms appearing throughout the regulations.
Regulation 3 provides that the tax on the grant of a receiver licence is the tax applicable to the station of which the receiver or receivers form a part, calculated in accordance with the annual rate set out in the table to the regulation. Where a licence is granted for less than a year, there is a minimum fee of $30. There is a 15% discount for a non-profit
organisation formed for recreation, amusement or charity which applies simultaneously for the grant of twenty five or more receiver licences for use in connection with its activities, otherwise than for reward or in connection with the operation of a business.
Authority: section 9 of the Radiocommunications (Receiver Licence Tax) Act 1983.