EXPLANATORY STATEMENT
Issued by the Authority of the Australian Communications and Media Authority
Radiocommunications (Transmitter Licence Tax) Amendment
Determination 2006 (No. 2)
Radiocommunications (Transmitter Licence Tax) Act 1983
Legislative Provisions
Subsection 7(1) of the Radiocommunications (Transmitter Licence Tax) Act 1983 (the Act) provides that the Australian Communications and Media Authority (ACMA) may, by written instrument, determine the amount of tax in respect of transmitter licences.
A Determination made under subsection 7(1) of the Act is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
Purpose
The Radiocommunications (Transmitter Licence Tax) Amendment Determination 2006 (No.2) amends the Radiocommunications (Transmitter Licence Tax) Determination 2003 (No. 2) to include a licence tax for an additional licence option, the aeronautical licence (aeronautical assigned system station).The aeronautical assigned system station licence was introduced by an amendment to the Radiocommunications Licence Conditions (Aeronautical Licence) Determination No. 1 of 1997.
Background
Under the Radiocommunications Act 1992, the operation of all radiocommunications transmitting equipment must be licensed. The operation of aeronautical stations is authorised under apparatus licences.
The additional licensing option is an outcome of a review of aeronautical licensing begun by the Australian Communications Authority, a predecessor of ACMA. The Radiocommunications (Transmitter Licence Tax) Amendment Determination 2006 (No. 2) established the appropriate transmitter tax for the new option.
Consultation
Public consultation was undertaken and extensive discussions carried out with AirservicesAustralia and the Civil Aviation Authority. Comments received were generally favourable with a few suggestions for minor changes.
ACMA consulted the Office of Regulation Review (ORR ID: 7931) who advised that a Regulation Impact Statement was not required for the Amendment Determination in this matter. They noted that the proposal did not substantially alter existing arrangements.
The Radiocommunications (Transmitter Licence Tax) Amendment Determination 2006 (No.2) commenced the day after registration.
Details of this determination are set out in Attachment 1.
ATTACHMENT 1
Notes about instrument
1) Section 1 Name of Determination
Section 1 provides for the name of the Determination, the Radiocommunications (Transmitter Licence Tax) Amendment Determination 2006 (No. 2).
2) Section 2 Commencement
Section 2 provides that the Determination commences the day after it is registered.
3) Section 3 Amendment of the Radiocommunications (Transmitter Licence Tax) Determination 2003 (No. 2)
Section 3 provides that Schedule 1 amends the Radiocommunications (Transmitter Licence Tax) Determination 2003 (No. 2).
Schedule 1 Amendments
4) Schedule 2, after paragraph 201 (1) (a)
Item [1] inserts the name of the licence option, the aeronautical assigned system station licence, to allow for the appropriate tax to be applied to the licence option.
5) Dictionary, after definition of aeronautical assigned station
Item [2] inserts the new definition of the licence option, used in the Determination. This defines that aeronautical assigned system station has the same meaning as in the Radiocommunications Licence Conditions (Aeronautical Licence) Determination No. 1 of 1997.