EXPLANATORY STATEMENT
STATUTORY RULES 1985 NO. 199
Issued by the Authority of the Minister for Communications
Section 9 of the Radiocommunications (Temporary Permit Tax) Act 1983 (the Act) provides that the Governor-General may make regulations for the purposes of section 7.
Section 7 of the Act provides that the amount of tax in respect of the grant of a temporary permit is such amount as is ascertained in accordance with the regulations. Different amounts of tax may be prescribed in respect of temporary permits included in different classes of temporary permits or in respect of persons included in different classes of persons.
On commencement, section 23 of the Radiocommunications Act 1983 will made it an offence to operate or to possess a radiocommunications transmitter without a transmitter licence or a temporary permit. Section 35 of the Radiocommunications Act 1938 provides that the Minister may grant a temporary permit to operate and to possess specified radiocommunications transmitters to the holder of a temporary entry permit in force under the Migration Act 1958 or a member of the crew of a foreign vessel or foriegn aircraft. This provision will enable non-resident aliens to operate and to possess radiocommunications transmitters in Australia.
Fees for temporary permits will be levied under the Radiocommunications (Temporary Permit Tax) Act 1983. The amount of fees will be calculated in accordance with 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 the required regulations under that 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 that the terms used in column 2 of the Schedule have the same meaning as in the Radiocommunications (Licensing and General) Regulations, which are made pursuant to the Radiocommunications Act 1983.
Regulation 3 provides that the amount of tax in respect of the grant of a temporary permit is an amount calculated in accordance with the annual rate applicable to the type of station to which the permit relates, which is set out in the schedule to the
the permit relates, which is set out in the schedule to the regulations. Where a permit is granted for less than a year, the minimum tax will be $30.
The schedule to the regulations sets out the annual rate of tax in relation to stations specified in column 2 of the schedule.
Authority: section 9 of the Radiocommunications (Temporary Permit Tax) Act 1983.