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.
Overview
The Radiocommunications (Temporary Permit Tax) Regulations 1985 were enacted by the Parliament of Australia to establish the regulatory framework for the taxation of temporary permits for radiocommunications. This legislative measure was introduced to address the need for a structured approach to taxing temporary permits under the Radiocommunications Act 1983, which, upon commencement, included provisions for the operation and possession of radiocommunications transmitters without a transmitter licence or a temporary permit. The policy objective of the Radiocommunications (Temporary Permit Tax) Act 1983 was to ensure that fees for temporary permits were levied in a systematic manner, with the amount of tax calculated according to the type of station and duration of the permit. These regulations were issued under the authority of the Minister for Communications and were designed to take effect from the commencement of the Radiocommunications Act 1983 on 20 August 1985.
Scope and Application
The Radiocommunications (Temporary Permit Tax) Act 1983 applies to the levying of fees for temporary permits in the context of radiocommunications operations within Australia. It is pertinent to non-resident aliens who are holders of temporary entry permits under the Migration Act 1958 or members of the crew of foreign vessels or aircraft, allowing them to operate and possess radiocommunications transmitters in Australia. The Act's scope extends to ensuring that any operation or possession of a radiocommunications transmitter without a transmitter licence or a temporary permit is an offence, as stipulated in the Radiocommunications Act 1983. The Act's regulatory reach is comprehensive, applying to all temporary permits issued under the specified conditions, and the tax levied is calculated based on the type of station and the duration of the permit, with a minimum tax of $30 for permits less than a year. The Act's provisions are set to commence on 20 August 1985, with regulations made under section 9 of the Act to take effect from this date.
Key Provisions
The statutory rules establish the regulations for the Radiocommunications (Temporary Permit Tax) Act 1983, under section 9, which allows the Governor-General to make regulations for section 7. Section 7 of the Act specifies the tax amount for temporary permits, which is determined according to the regulations. The tax rates can vary for different classes of temporary permits or different classes of persons. The schedules detail the annual tax rates for various types of radiocommunications transmitters.
These regulations impose certain obligations on parties involved with temporary permits. Firstly, the amount of tax payable is calculated based on the annual rate applicable to the type of transmitter. For permits that are less than a year, a minimum tax of $30 applies. This calculation ensures that all fees are transparent and based on a consistent methodology. The terms used in these regulations have the same meanings as those defined in the Radiocommunications (Licensing and General) Regulations, which are made pursuant to the Radiocommunications Act 1983. This alignment ensures consistency in terminology and interpretation across related regulations.
Breach of the provisions under the Radiocommunications Act 1983 can lead to significant consequences. Operating or possessing a radiocommunications transmitter without a valid transmitter licence or temporary permit is an offence under section 23 of the Act. This offence is punishable by penalties that could include fines or imprisonment, though the exact penalties are not specified in the statutory rules. The Radiocommunications Act 1983, along with related Acts, commenced on 20 August 1985. The regulations are designed to take effect from the commencement date, ensuring that the provisions are applicable as soon as the Act comes into force.