EXPLANATORY STATEMENT
Prepared by the Australian Communications and Media Authority
Radiocommunications (Transmitter Licence Tax) Amendment Determination 2012 (No. 4)
Radiocommunications (Transmitter Licence Tax) Act 1983
The Australian Communications and Media Authority (the ACMA) makes the Radiocommunications (Transmitter Licence Tax) Amendment Determination 2012 (No. 4) under subsection 7(1) of the Radiocommunications (Transmitter Licence Tax) Act 1983
(the Act).
Background
Subsection 7(1) of the Act provides that the amount of tax relating to the issue of a transmitter licence, the anniversary of a transmitter licence coming into force or the holding of a transmitter licence, is the amount determined by the ACMA.
The ACMA has determined such an amount under the Radiocommunications (Transmitter Licence Tax) Determination 2003 (No. 2) (the Determination) by reference to, among other things, the type of licence involved and whether it meets certain criteria.
One of the types of licences to which the Determination applies is a licence that relates to a radiodetermination station, also known as a radiodetermination licence. The annual amount of tax in respect of such a licence is calculated in accordance with Part 2 of Schedule 2 to the Determination.
The Australian Government plans to introduce body scanners at all Australian international airports for the purpose of aviation security screening from November 2012. The Aviation Transport Security Amendment (Screening) Bill 2012, which has been passed by the Commonwealth Parliament, will support those arrangements once enacted.
The ACMA will issue radiodetermination licences to authorise the operation of these body scanners for the purposes of the Radiocommunications Act 1992 (the Radcomms Act).
The Radiocommunications (Transmitter Licence Tax) Amendment Determination 2012 (No. 4) (the Amendment Determination) is being made to determine an annual amount of tax in respect of a radiodetermination licence that authorises the operation of one or more stations that are body scanners at an Australian international airport for the purpose of aviation security screening (a radiodetermination licence for body scanners).
The annual amount of tax in respect of other radiodetermination licences is to continue to be calculated in accordance with Part 2 of Schedule 2 to the Determination.
Operation of the Amendment Determination
The Amendment Determination will:
- amend Part 2 of Schedule 2 to the Determination (specifically paragraph (1)(r) of item 201) by carving out from its application a radiodetermination licence for body scanners;
- amend Table 702 in Part 7 of Schedule 2 to the Determination by inserting three entries:
- to determine an annual amount of tax in respect of a radiodetermination licence for body scanners; and
- in particular, to calculate such amount for each airport at which the body scanners are authorised to operate by reference to the applicable area density type (namely high density area, medium density area or low density area); and
- insert a definition of “body scanner” as meaning a scanner that is capable of detecting metallic and non-metallic items on a person by using millimetre-wave radio frequency technology.
The annual amount of tax in respect of a radiodetermination licence for body scanners will, after the Amendment Determination is made, represent a lesser amount than the amount that would otherwise be payable. The annual amount of tax for a radiodetermination licence is calculated in accordance with Part 2 of Schedule 2 to the Determination in respect of each spectrum access authorised under the licence (generally by reference to the applicable frequency range and area density type, multiplied by the bandwidth (in kHz) of the spectrum access). After the Amendment Determination is made, the annual amount of tax for a radiodetermination licence for body scanners (as distinct from any other radiodetermination licence) will be calculated for each airport to which the licence relates by reference to the applicable area density type. The annual amount of tax will be $32,900 for each airport in a high density area, $7,236 for each airport in a medium density area and $770 for each airport in a low density area (irrespective of each spectrum access authorised under the licence to which the airport relates).
The Amendment Determination will commence on the day after it is registered.
Purpose of the Amendment Determination
The Amendment Determination will facilitate the Australian Government’s plans to introduce body scanners to further strengthen Australia’s aviation security by ensuring that the taxes payable in respect of radiodetermination licences for body scanners are cost-effective.
Statement of Compatibility with Human Rights
A statement of compatibility with human rights for the purpose of Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011 is set out in the Attachment.
Consultation
From 23 May 2012 to 6 June 2012, the ACMA consulted publicly on the proposed licensing arrangements for the operation of body scanners at all Australian international airports.
As part of that consultation process, the ACMA released a public discussion paper which proposed that one licence would be issued for each Australian international airport to authorise the operation of a body scanner at that airport for the purposes of the Radcomms Act and that each licence would be specified and charged per density area—high, medium or low.
The ACMA also had direct contact with the Department of Infrastructure and Transport on the proposed licensing arrangements and the terms of the Amendment Determination.
The Office of Best Practice Regulation (OBPR) was also consulted and advised that no Regulation Impact Statement was required. The OBPR reference number is ID 13687.
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
Radiocommunications (Transmitter Licence Tax) Amendment Determination 2012 (No. 1)
This Legislative Instrument is compatible with t
he human rights and freedoms recognised or declared in the international instruments li
sted in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
Ov
..erview of the Legislative Instrument
The amount of tax payable in respect of a licence that relates to a “point to multipoint station (land mobile spectrum)” is calculated in accordance with Part 3 of the Radiocommunications (Transmitter Licence Tax) Determination 2003 (No.2) (the Tax Determination) (see item 301 of the Tax Determination). Paragraph (b) of the definition of “point to multipoint station (land mobile spectrum)” in the Dictionary to the Tax Determination expressly excludes services within those segments of the 500 MHz band that are to revert from spectrum licensing to apparatus licensing on 1 June 2012.
The Legislative Instrument will replace paragraph (b) of the definition of “point to multipoint station (land mobile spectrum)”. The new paragraph (b) will include those segments of the 500 MHz band that are to revert to apparatus licensing. This will ensure that the tax consequences for licences that relate to a point to multipoint station (land mobile spectrum) are consistent across the 400 MHz band and those segments of the 500 MHz band that are to revert to apparatus licensing.
The new paragraph (b) also refers to the newly expanded frequency band 403MHz- 430MHz instead of the formerly described 403- 420 MHz frequency band. This will ensure that the tax consequences for licences that relate to a point to multipoint station (land mobile spectrum) are consistent across the 403-430 frequency band.
Human rights implications
This Legislative Instrument does not engage any of the applicable rights or freedoms.
Conclusion
This Legislative Instrument is compatible with human rights as it does not raise any human rights issues.
Australian Communications and Media Authority