Radiocommunications (Transmitter Licence Tax) Amendment Act 2005
No. 52, 2005
An Act to amend the Radiocommunications (Transmitter Licence Tax) Act 1983, and for related purposes
Contents
1 Short title
2 Commencement
3 Schedule(s)
Schedule 1—Amendments
Radiocommunications (Transmitter Licence Tax) Act 1983
Schedule 2—Transitional provisions
Radiocommunications (Transmitter Licence Tax) Amendment Act 2005
No. 52, 2005
An Act to amend the Radiocommunications (Transmitter Licence Tax) Act 1983, and for related purposes
[Assented to 1 April 2005]
The Parliament of Australia enacts:
1 Short title
This Act may be cited as the Radiocommunications (Transmitter Licence Tax) Amendment Act 2005.
2 Commencement
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
Commencement information |
Column 1 | Column 2 | Column 3 |
Provision(s) | Commencement | Date/Details |
1. Sections 1 to 3 and anything in this Act not elsewhere covered by this table | The day on which this Act receives the Royal Assent. | 1 April 2005 |
2. Schedules 1 and 2 | At the same time as section 6 of the Australian Communications and Media Authority Act 2005 commences. | 1 July 2005 |
Note: This table relates only to the provisions of this Act as originally passed by the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.
(2) Column 3 of the table contains additional information that is not part of this Act. Information in this column may be added to or edited in any published version of this Act.
3 Schedule(s)
Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
Schedule 1—Amendments
Radiocommunications (Transmitter Licence Tax) Act 1983
1 Paragraph 6(5)(b)
Omit “ACA”, substitute “ACMA”.
2 Subsection 6(9)
Omit “ACA”, substitute “ACMA”.
3 Paragraph 6(11)(b)
Omit “ACA”, substitute “ACMA”.
4 Subsection 7(1)
Omit “ACA”, substitute “ACMA”.
5 Subsection 7(3)
Omit “ACA”, substitute “ACMA”.
Schedule 2—Transitional provisions
1 Definitions
In this Schedule:
Imposition Act means the Radiocommunications (Transmitter Licence Tax) Act 1983.
transition time means the commencement of this Schedule.
2 Continued effect of election notices
A notice that was given to the ACA before the transition time under paragraph 6(5)(b) or 6(11)(b) of the Imposition Act as then in force has the same effect after the transition time as it would have had if the amendments of that paragraph made by Schedule 1 to this Act had not been made.
3 Continued effect of form approvals
An approval made by the ACA under subsection 6(9) of the Imposition Act that was in force immediately before the transition time has effect on and after the transition time as if it were an approval under that subsection as amended by Schedule 1 to this Act.
4 Continued effect of amount determinations
A determination made by the ACA under subsection 7(1) of the Imposition Act that was in force immediately before the transition time has effect on and after the transition time as if it had been made by the ACMA under that subsection as amended by Schedule 1 to this Act.
[Minister’s second reading speech made in—
House of Representatives on 2 December 2004
Senate on 7 March 2005]
Overview
The Radiocommunications (Transmitter Licence Tax) Amendment Act 2005 was enacted to revise the Radiocommunications (Transmitter Licence Tax) Act 1983, addressing the need to update the legislative framework to reflect the establishment of the Australian Communications and Media Authority (ACMA) as the successor to the Australian Communications Authority (ACA). This amendment act was passed by the Parliament of Australia and received Royal Assent on 1 April 2005, with the primary changes to the 1983 Act taking effect from 1 July 2005. The policy objective of the Act is to ensure that references to the ACA in the Radiocommunications (Transmitter Licence Tax) Act 1983 are updated to reflect the new regulatory body, the ACMA, facilitating a seamless transition and continuity in the administration of transmitter licence taxes.
Scope and Application
The Radiocommunications (Transmitter Licence Tax) Amendment Act 2005 amends the Radiocommunications (Transmitter Licence Tax) Act 1983, and it applies to entities and individuals involved in the radiocommunications industry in Australia. Specifically, it pertains to those entities required to obtain a transmitter licence under the 1983 Act, which includes radio broadcasters, telecommunications companies, and other entities that operate radio transmitters. The Act applies nationally across Australia as a Commonwealth Act. The amendments primarily involve the substitution of references to the Australian Communications Authority (ACA) with the Australian Communications and Media Authority (ACMA), reflecting the renaming and restructuring of the regulatory body. The Act commenced on 1 April 2005, with further amendments taking effect from 1 July 2005. The transitional provisions in Schedule 2 ensure continuity in the effect of notices, approvals, and determinations issued by the ACA before the transition to ACMA. The Act does not specify any exclusions or exemptions and is comprehensive in its application to all entities subject to the Transmitter Licence Tax as per the 1983 Act.
Key Provisions
The Radiocommunications (Transmitter Licence Tax) Amendment Act 2005 (C2005A00052) amends the Radiocommunications (Transmitter Licence Tax) Act 1983. The main operative sections of this Act involve the substitution of the term "ACMA" for "ACA" in several parts of the 1983 Act. Specifically, section 1 of Schedule 1 amends paragraph 6(5)(b), subsection 6(9), paragraph 6(11)(b), and subsection 7(1) of the 1983 Act. These changes reflect the transition from the Australian Communications Authority (ACA) to the Australian Communications and Media Authority (ACMA). The amendments ensure that references to the ACA in the 1983 Act now correctly refer to the ACMA, aligning the legislation with the current regulatory body.
The obligations and requirements imposed by the Act primarily focus on the administrative transition from the ACA to the ACMA. Section 1 of Schedule 1 updates the references within the 1983 Act, ensuring that all mentions of the ACA are replaced with ACMA, thereby updating the legislative framework to reflect the new regulatory authority. Additionally, Schedule 2 outlines transitional provisions that maintain the validity of notices, form approvals, and amount determinations issued by the ACA before the transition time. This ensures continuity in the enforcement and administration of transmitter licence taxes during the transition period.
The Act does not explicitly outline specific offences, penalties, or consequences for breaches within its text. However, the underlying Radiocommunications (Transmitter Licence Tax) Act 1983 likely includes provisions for penalties and enforcement mechanisms. These could include fines, enforcement notices, or other administrative actions for non-compliance with the transmitter licence tax requirements. The precise penalties would be detailed in the 1983 Act, which the 2005 Amendment Act references and updates to ensure it remains current and applicable under the new regulatory framework.