Radiocommunications (Transmitter Licence Tax) Amendment Determination 2010 (No. 4)

Administered by Department of Communications and the Arts

Legislation au F2010L01706 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

Issued by the Australian Communications and Media Authority

Radiocommunications (Transmitter Licence Tax) Amendment Determination 2010 (No. 4)

Radiocommunications (Transmitter Licence Tax) Act 1983

Legislative Basis

The Radiocommunications (Transmitter Licence Tax) Amendment Determination 2010 (No. 4) (the Amendment Determination) amends the Radiocommunications (Transmitter Licence Tax) Determination 2003 (No. 2) (the Transmitter Licence Tax Determination).

Subsection 7 (1) of the Radiocommunications (Transmitter Licence Tax) Act 1983 provides that the Australian Communications and Media Authority (the ACMA) may determine an amount of tax to be applied at the time of issue or renewal of a transmitter licence. 

Subsection 33 (3) of the Acts Interpretation Act 1901 provides that where an Act confers a power to make an instrument, that power shall, unless the contrary intention appears, be construed as including a power exercisable in a like manner and subject to like conditions, to amend that instrument.

The Amendment Determination is a legislative instrument for the purposes of the Legislative Instruments Act 2003 (the LIA).

Purpose

The purpose of the Amendment Determination is to include in Schedule 2 of the Transmitter Licence Tax Determination a new PMTS Class C apparatus licence type and to provide for the application of an annual tax amount of $33.86 per licence.

The Amendment Determination is one of a number of amending legislative instruments forming part of the radiocommunications regulatory framework that seeks to facilitate the provision of mobile communication services on aircraft.

The other amending legislative instruments are the:

  • Radiocommunications (Interpretation) Amendment Determination 2010 (No. 2);
  • Radiocommunications (Charges) Amendment Determination 2010 (No. 2);
  • Radiocommunications (Cellular Mobile Telecommunications Devices) Class Licence Variation 2010 (No. 1); and
  • Radiocommunications Licence Conditions (PTS Licence) Amendment Determination 2010 (No. 2).

 

Background

The ACMA proposes to establish a new PMTS Class C apparatus licence option specifically for mobile communication services on aircraft.

The Transmitter Licence Tax Determination sets out the amount of annual tax payable at the time the apparatus licence is issued, or at the anniversary of a transmitter licence coming in to force or for the holding of a transmitter licence. Because there is no spectrum denial associated with the operation of onboard systems that are intended to be authorised by the PMTS Class C licence, only the minimum transmitter tax is to be applied to the PMTS Class C apparatus licence.

Consultation

Section 17 of the LIA requires the ACMA to be satisfied that any consultation it considers to be appropriate and that is reasonably practicable to undertake has been undertaken in relation to the amendment.

Notice of the proposed amendment was provided on ACMA’s internet site from 8 December 2009 through to 29 January 2010 as part of a package of amending legislative instruments forming part of the radiocommunications regulatory framework seeking to facilitate the provision of mobile communication services on aircraft. Twelve submissions were received in response to this package. None of the respondents made any comment about the proposed Amendment Determination.

The ACMA conducted public consultation on a proposed annual tax amount of $33.36 per licence. This amount has been adjusted to $33.86 per licence post-consultation to take into account changes in the Consumer Price Index (CPI). The Amendment Determination has been amended to reflect this amount.

Regulation Impact Statement

The ACMA obtained advice from its SES contact officer for the Government’s regulation impact analysis arrangements that the Amendment Determination has no or low impact on businesses or the economy. For those reasons under the self-assessment regime administered by the Office of Best Practice Regulation (OBPR), the ACMA has determined that there is no need to produce a Business Cost Calculator report or to prepare a Regulation Impact Statement.  The ACMA RIS exemption reference number is 155.

Detailed Description of the Instrument 

Details of the Amendment Determination are set out in Attachment 1.


Attachment 1

NOTES ON THE INSTRUMENT

Section 1- Name of Determination

Section 1 provides that the Amendment Determination is the Radiocommunications (Transmitter Licence Tax) Amendment Determination 2010 (No. 4).

 

Section 2- Commencement

Section 2 provides that the Amendment Determination commences on the day after it is registered on the Federal Register of Legislative Instruments.

 

Section 3 – Amendment of 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

Item [1] After item 17A in Schedule 2, Table 702

Item [1] inserts a new line item 17B in Schedule 2, Table 702 being the annual tax amount of $33.86 to apply to a PMTS Class C apparatus licence type.

 

Item [2] After the definition for PMTS Class B in the Dictionary,

Item [2] inserts a definition for “PMTS Class C” into the Dictionary.

 

 

 

 

 

Overview

The Radiocommunications (Transmitter Licence Tax) Amendment Determination 2010 (No. 4) was enacted to address a specific gap in the existing radiocommunications regulatory framework concerning the taxation of transmitter licences for mobile communication services on aircraft. This legislative instrument, determined by the Australian Communications and Media Authority (ACMA), was enacted under the authority of the Radiocommunications (Transmitter Licence Tax) Act 1983. The primary purpose of this amendment was to introduce a new PMTS Class C apparatus licence type, applying an annual tax amount of $33.86 per licence, which was adjusted from an initial proposed amount of $33.36 based on changes in the Consumer Price Index (CPI). This amendment aims to facilitate the provision of mobile communication services on aircraft by providing a clear tax structure for the new licence type, ensuring compliance and effective regulation within the sector. The ACMA engaged in appropriate consultation processes, providing notice of the proposed amendment on its website and receiving submissions from stakeholders. Given the low impact on businesses and the economy, as assessed by the Office of Best Practice Regulation, no Business Cost Calculator report or Regulation Impact Statement was required. This amendment determination is part of a broader set of legislative changes designed to streamline and modernise the regulatory framework for radiocommunications, particularly in the context of emerging technologies and services such as mobile communication on aircraft.

Scope and Application

The Radiocommunications (Transmitter Licence Tax) Amendment Determination 2010 (No. 4) applies to entities seeking a new PMTS Class C apparatus licence for mobile communication services on aircraft. This amendment applies at the time of issue or renewal of a transmitter licence and is subject to the Radiocommunications (Transmitter Licence Tax) Act 1983. The Amendment Determination was made to facilitate the provision of mobile communication services on aircraft, and it specifically introduces a new annual tax amount of $33.86 for PMTS Class C licences. The Amendment Determination applies nationally across Australia, as it is a legislative instrument under the Commonwealth's legislative framework. The Amendment Determination is not expected to have a significant impact on businesses or the economy, and therefore, no Business Cost Calculator report or Regulation Impact Statement was prepared. The Amendment Determination operates in conjunction with other amending legislative instruments, which together form part of the radiocommunications regulatory framework.

Key Provisions

The Radiocommunications (Transmitter Licence Tax) Amendment Determination 2010 (No. 4) introduces significant changes to the existing Radiocommunications (Transmitter Licence Tax) Determination 2003 (No. 2). Primarily, this Amendment Determination introduces a new PMTS Class C apparatus licence type and sets an annual tax amount of $33.86 per licence, as outlined in section 3 and Schedule 1 of the instrument. This new licence type is specifically aimed at facilitating the provision of mobile communication services on aircraft. The amendment is intended to provide a clear framework for the taxation of these services, ensuring that they are properly regulated and taxed. Under the new provisions, the Australian Communications and Media Authority (ACMA) is tasked with ensuring that the new PMTS Class C licences comply with the tax requirements as stipulated. The ACMA must ensure that the appropriate annual tax is applied at the time of issue or renewal of a transmitter licence. This obligation extends to verifying that the correct tax amount is levied and collected, which is now $33.86 per licence as per the amended determination. The ACMA must also ensure that the new licence type is properly defined and understood by all relevant parties, including those who may be subject to these new tax obligations. Failure to comply with the tax obligations set out in the Amendment Determination can lead to significant consequences. While the Amendment Determination does not explicitly detail specific offences or penalties, the overarching legislation, the Radiocommunications (Transmitter Licence Tax) Act 1983, provides the legal framework within which any breaches are addressed. Generally, breaches of radiocommunications regulations can lead to penalties under the Radiocommunications Act, which may include fines and other civil or criminal sanctions. The exact penalties would depend on the nature and severity of the breach, but they can be substantial, reflecting the importance of adhering to regulatory requirements in this domain.

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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.