Radiocommunications (Test Permit Tax) Regulations (Amendment)

Legislation au C2004L05967 Regulations Not in force Legislative Instrument

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EXPLANATORY STATEMENT

Radiocommunications (Test Permit Tax) Regulations (Amendment)

Statutory Rule No. 309 of 1988

Issued by the Authority of the Minister for Transport and Communications

Section 9 of the Radiocommunications (Test Permit Tax) Act 1983 (the Act) provides that the Governor-General may make regulations prescribing the amount of tax payable in respect of the grant of a test permit pursuant to section 10 of the Radiocommunications Act 1983. Section 7 of the Act stipulates that the amount of such tax is an amount to be ascertained in accordance with the regulations.

The amount of tax payable was previously $59. In accordance with decisions made by the Government in the Budget context, the amount of tax was increased in line with inflation. The amount of $59 was therefore increased to $63.

The amending regulations commence on 1 December 1988.

Overview

The Radiocommunications (Test Permit Tax) Regulations (Amendment) Statutory Rule No. 309 of 1988 was enacted by the Commonwealth of Australia under the authority of the Minister for Transport and Communications. The Act was introduced to address the need for a tax on test permits granted under the Radiocommunications Act 1983. The policy objective of the Act is to ensure that the revenue generated from these taxes keeps pace with inflation, thus maintaining the financial viability of the regulatory framework while fairly reflecting the economic environment. The explanatory statement reveals that the Act was amended to adjust the amount of tax payable for the grant of a test permit, previously set at $59, to $63 in line with inflation adjustments made by the Government. These regulations came into effect on 1 December 1988, aligning the tax with the current economic conditions and ensuring the continued effectiveness of the regulatory scheme.

Scope and Application

The Radiocommunications (Test Permit Tax) Regulations (Amendment) Statutory Rule No. 309 of 1988, issued under the authority of the Minister for Transport and Communications, pertains to the alteration of the Radiocommunications (Test Permit Tax) Act 1983. This statutory rule applies to any individual or entity that is required to pay a tax on the grant of a test permit for radiocommunications, as stipulated in section 10 of the Radiocommunications Act 1983. The tax is applicable to the Commonwealth of Australia and is levied in accordance with the regulations set forth by the Governor-General as per section 9 of the Act. The amendment adjusts the previously fixed tax amount of $59 to $63, reflecting the adjustments made in the budget context to account for inflation. The amended regulations are effective from 1 December 1988 and may be further extended or restricted by subordinate instruments issued under the authority of the Act.

Key Provisions

The Radiocommunications (Test Permit Tax) Regulations (Amendment) Statutory Rule No. 309 of 1988 amends the Radiocommunications (Test Permit Tax) Regulations under Section 9 of the Radiocommunications (Test Permit Tax) Act 1983. This amendment increases the tax payable for a test permit from $59 to $63. The test permit tax is levied in accordance with Section 7 of the Act, which requires the tax to be determined by the regulations. This amendment responds to decisions made by the Government in the context of the budget, reflecting changes to align the tax with inflation. The primary obligation imposed by these regulations is the requirement to pay the increased test permit tax of $63 when a test permit is granted. This applies to any entity or individual applying for a test permit under Section 10 of the Radiocommunications Act 1983. The amendment ensures that all applicants are aware of and comply with the updated tax rate as stipulated by the new regulations. Failure to comply with the new tax requirements may result in civil consequences, although the specific nature of these consequences is not detailed in the statutory rule. However, it is implied that non-compliance could lead to legal repercussions, such as fines or other penalties that may be prescribed under the Act. The exact penalties are not explicitly stated in the rule but would typically be determined in accordance with the legislative framework governing the Radiocommunications Act. The Radiocommunications (Test Permit Tax) Regulations (Amendment) Statutory Rule No. 309 of 1988 sets the new tax rate into effect from 1 December 1988. This date marks the commencement of the new regulations, and it is imperative for all relevant parties to adjust their processes and documentation to reflect the updated tax amount. The amendment ensures that the tax remains current and reflective of economic conditions, thereby maintaining the financial integrity of the regulatory framework.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.