Radiocommunications (Transmitter Licence Tax) Amendment Determination 2014 (No. 2)

Administered by Department of Communications and the Arts

Legislation au F2014L01412 Not in force Legislative Instrument

Legislation content

EXPLANATORY STATEMENT

Prepared by the Australian Communications and Media Authority

Radiocommunications (Transmitter Licence Tax) Amendment
Determination 2014 (No. 2)

Radiocommunications (Transmitter Licence Tax) Act 1983

 

Purpose

The Radiocommunications (Transmitter Licence Tax) Amendment Determination 2014 (No. 2) (the Amendment Determination) amends the Radiocommunications (Transmitter Licence Tax) Determination 2003 (No. 2) (the Tax Determination) to provide for a more affordable tax payable by wireless microphone operators who choose to use apparatus licences to operate in the frequency range 520 to 694 MHz.

Legislative Provisions

The Tax Determination is made under subsection 7(1) of the Radiocommunications (Transmitter Licence Tax) Act 1983 (the Transmitter Licence Tax Act) which provides that the Australian Communications and Media Authority (the ACMA) may determine the amount of tax in respect of

  • the issue of a transmitter licence;
  • the anniversary of a transmitter licence coming into force; and
  • the holding of a transmitter licence.

Under subsection 33(3) of the Acts Interpretation Act 1901 a power to make an instrument shall be construed as including a power exercisable in the like manner and subject to like conditions (if any) to repeal, rescind, revoke, amend or vary the instrument. The Amendment Determination is made under subsection 7(1) of the Transmitter Licence Tax Act, and amends the Tax Determination.

The Amendment Determination is a legislative instrument under the Legislative Instruments Act 2003 (the LI Act).

Background

Many wireless audio transmitters are authorised to operate in the 520–820 MHz frequency range by the Radiocommunications (Low Interference Potential Devices) Class Licence 2000 (the LIPD Class Licence). This frequency range is attractive to professional users of wireless audio transmitters because there is sufficient spectrum in this band to allow multiple wireless audio transmitters to be used at the same time in the same location.

In 2010, the 694820 MHz frequency range was declared as the ‘digital dividend’. The ACMA subsequently sold spectrum licences for this range at auction in April 2013. As the start date of these spectrum licences is 1 January 2015, this spectrum is now being cleared of alternative uses, including through the restack process.[1]  Related changes to the LIPD Class Licence mean that wireless audio transmitters that currently operate in the digital dividend will have to operate in a different frequency range after 31 December 2014.

Wireless audio transmitters are generally not permitted to operate on the same frequency as a television broadcasting station within the coverage area of that station under the LIPD Class Licence.  Similarly, the ACMA is generally not permitted to issue apparatus licences in the broadcasting services bands (subsection 100(2) of the Radiocommunications Act 1992 (the Radiocommunications Act) where television broadcasting stations are licensed to operate.  These two facts made it difficult for wireless audio transmitter operators to use their transmitters in spectrum being used by television broadcasting stations.  However, in 2006, the ACMA made determination under subsection 31(2) of the Radiocommunications Act to support apparatus licensing of wireless audio transmitters (operating at a power of up to 250 mW EIRP) in the frequency range 520–820 MHz on a ‘no interference/no protection’ basis using the land mobile apparatus licence type in the broadcasting services bands.[2]  

 

Apparatus licence arrangements

A wireless audio transmitter operated under a land mobile licence and the existing ambulatory station licence sub-type share similar characteristics. 

Under the current apparatus licence regime, a wireless audio transmitter licensed as an ambulatory station, or a group of wireless audio transmitters licensed as an ambulatory system[3] would be subject to an annual licence tax that is dependent on factors such as bandwidth and geographic location. 

Given the technical characteristics of wireless audio transmitters, the annual licence tax for a group of low power wireless audio transmitters licensed as an ambulatory system could be as much as $74,000. 

High taxes for a group of wireless audio transmitters

This amount is prohibitive for industry as:

>     the operation of wireless audio transmitters does not deny spectrum to other users in the area in which they operate; 

>     wireless audio transmitter users would continue to operate under a ‘no interference/no protection’ basis under an apparatus licence.

Registration of devices

Persons operating devices under class licences are not required to register their devices or contact details with the ACMA.  Apparatus licence arrangements in the 520 – 694 MHz would ensure that the ACMA and other users of the spectrum can identify licensees in this band and the devices they are using. 

Operation

The Amendment Determination amends Part 7 of Schedule 2 to the Tax Determination by inserting a tax amount for a wireless audio system, and excludes wireless audio systems from the taxing regime set out in Part 3 of Schedule 2.

Consultation

On 10 July 2014 the ACMA released a consultation paper detailing apparatus licence fee arrangements for wireless audio transmitter users in the 520 – 694 MHz.  The paper sought comment from interested stakeholders by 20 August 2014.   Four submissions were received.  They were mainly from professional wireless audio transmitter users and industry bodies representing the commercial and entertainment technologies sector and commercial television broadcasting licensees.

Regulation Impact Statement

The Office of Best Practice Regulation (OBPR) has advised the proposed changes appear to be minor in nature and a Regulation Impact Statement is not required in respect of the Amendment Determination that will introduce a more affordable apparatus licence fee arrangement for wireless microphone users.  The OBPR reference number is ID 17003.  

Detailed description of the Amendment Determination

The provisions of the Amendment Determination are described in Attachment 1.

Statement of Compatibility with Human Rights

Subsection 9(1) of the Human Rights (Parliamentary Scrutiny) Act 2011 requires the rule maker in relation to a legislative instrument to which section 42 (disallowance) of the LI Act applies to cause a statement of compatibility to be prepared in respect of that legislative instrument. This statement is at Attachment 2.

 


Attachment 1 - Details of the Amendment Determination

Section 1 – Name of Determination

Section 1 provides that the name of the Amendment Determination is the Radiocommunications (Transmitter Licence Tax) Amendment Determination 2014 (No. 2).

Section 2 – Commencement

Section 2 states that the Amendment Determination will commence 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 of the Amendment Determination amends the Radiocommunications (Transmitter Licence Tax) Determination 2003 (No. 2).

Schedule 1       Amendments

Item [1] amends paragraph 301(d) of Schedule 2 to substitute land mobile system with land mobile system, other than a wireless audio system.  This will ensure that licences for wireless audio systems are not taxed at the same rate as licences for other land mobile systems.

Item [2] amends paragraph 301(f) of Schedule 2 to substitute ‘ambulatory system with ‘ambulatory system, other than a wireless audio system.  This will ensure that licences for wireless audio systems are not taxed at the same rate as licences for other land mobile systems (including ambulatory systems).

Item [3] inserts a new item number 22 at Table 702 of Schedule 2 to the Radiocommunications (Transmitter Licence Tax) Determination 2003 (No. 2).  Item number 22 provides that the amount of tax payable for a land mobile licence for a wireless audio system is $37.48.   

Item [4] inserts a definition of wireless audio system in the Dictionary. 


Attachment 2 - Statement of Compatibility with Human Rights

(Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011)

The Amendment Determination is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

Overview of the instrument

Subsection 7(1) of the Radiocommunications (Transmitter Licence Tax) Act 1983 provides for the ACMA to determine the amount of tax payable in respect of the issue, anniversary or holding of a transmitter licence. The Amendment Determination amends the Tax Determination to insert a new item number 22 at Table 702 of Schedule 2 to the Tax Determination to specify the tax payable for a wireless audio system apparatus licence.

Human rights implications and conclusion

The Amendment Determination does not engage any of the applicable rights or freedoms. The Amendment Determination is compatible with human rights as it does not raise any human rights issues.

[1] The ‘restack’ of television services is a reference to commercial and national television broadcasting services changing the frequencies on which they operate; more information is available at www.acma.gov.au/Industry/Spectrum/Digital-Dividend-700MHz-and-25Gz-Auction/Restack/restack-of-digital-tv-services-spectrum-for-broadcasters-acma. Because of this, the channels on which broadcasting stations or datacasting stations operate may change in a licence area, meaning that wireless audio equipment may not be able to operate in the new channels for the broadcasting stations or datacasting stations in that licence area. Refer to the Department of Communications’ website for more information: www.communications.gov.au/restack

[2] Radiocommunications (Wireless Audio Transmitters) Determination 2006 made under section 31 of the Radiocommunications Act 1992 - www.acma.gov.au/webwr/lib286/rad_wat06.pdf

[3] For definition, see www.acma.gov.au/theACMA/land-mobile-licences-guidelines.

Overview

The Radiocommunications (Transmitter Licence Tax) Amendment Determination 2014 (No. 2) was enacted to address the issue of high annual licence taxes for wireless audio transmitters operating in the frequency range of 520 to 694 MHz. This amendment was introduced to provide a more affordable tax regime for wireless microphone operators who choose to use apparatus licences to operate within this frequency range. The determination was made by the Australian Communications and Media Authority (ACMA) under subsection 7(1) of the Radiocommunications (Transmitter Licence Tax) Act 1983. The policy objective behind this amendment is to ensure that the tax imposed on wireless audio transmitters does not hinder their operation, while still allowing the ACMA and other spectrum users to identify the licensees and devices being used in this frequency range. The Amendment Determination seeks to amend the Radiocommunications (Transmitter Licence Tax) Determination 2003 (No. 2) by inserting a new tax amount for wireless audio systems and excluding them from the taxing regime set out in Part 3 of Schedule 2. This change is intended to provide a more affordable tax arrangement for wireless microphone users in the specified frequency range.

Scope and Application

The Radiocommunications (Transmitter Licence Tax) Amendment Determination 2014 (No. 2) is an instrument made under the Radiocommunications (Transmitter Licence Tax) Act 1983 by the Australian Communications and Media Authority (ACMA). This Amendment Determination specifically addresses the tax payable by wireless microphone operators who utilise apparatus licences for operations within the frequency range of 520 to 694 MHz. This legislation applies to individuals or entities that operate wireless audio transmitters within the specified frequency range, aiming to provide a more affordable tax arrangement. The Amendment Determination modifies the Radiocommunications (Transmitter Licence Tax) Determination 2003 (No. 2) by introducing a specific tax amount for wireless audio systems, while also exempting these systems from the general taxing regime. The Amendment Determination is applicable nationally across Australia, aligning with the jurisdiction of the Radiocommunications (Transmitter Licence Tax) Act 1983, which operates under the Commonwealth. The Amendment Determination does not include any specific exclusions or thresholds but introduces a defined tax rate for wireless audio systems, ensuring these systems are taxed differently from other land mobile systems. Any further application or restrictions are subject to subordinate instruments as necessary under the overarching Act.

Key Provisions

The Radiocommunications (Transmitter Licence Tax) Amendment Determination 2014 (No. 2) (Amendment Determination) modifies the Radiocommunications (Transmitter Licence Tax) Determination 2003 (No. 2) (Tax Determination) to introduce a more affordable tax for wireless microphone operators who opt to use apparatus licences in the 520 to 694 MHz frequency range. This amendment ensures that wireless audio systems are not taxed at the same rate as other land mobile systems. Specifically, Section 3 of the Amendment Determination specifies that the Tax Determination is amended by inserting a new tax amount for wireless audio systems and excluding these systems from the taxing regime in Part 3 of Schedule 2. The Amendment Determination, which comes into effect on the day after its registration on the Federal Register of Legislative Instruments, introduces a tax of $37.48 for land mobile licences for wireless audio systems, as outlined in Item 22 of Table 702 of Schedule 2 to the Tax Determination. The Amendment Determination imposes specific obligations on the parties it governs. It mandates that wireless audio systems, which are defined in the Dictionary, are to be taxed at the specified rate of $37.48, rather than the higher rates applicable to other land mobile systems. This requirement ensures that wireless audio systems are taxed appropriately and are identified for the purposes of spectrum management. The Amendment Determination also necessitates the registration of devices used under the apparatus licence regime, which will allow the Australian Communications and Media Authority (ACMA) and other spectrum users to identify the licensees and the devices they are using. This registration requirement is designed to enhance spectrum management and facilitate the restack process as television services change their operating frequencies. Failure to comply with the requirements of the Amendment Determination may result in civil or criminal consequences. While the Amendment Determination itself does not explicitly outline penalties for non-compliance, the broader legislative framework under which it operates may impose sanctions. For example, under the Radiocommunications (Transmitter Licence Tax) Act 1983, penalties for non-compliance with tax obligations related to transmitter licences may include fines. The maximum penalty for a civil penalty offence under this Act is generally set out in the Act itself, which may include substantial fines for non-compliance with tax obligations. Additionally, if the failure to comply with the Amendment Determination's requirements is linked to broader regulatory breaches, penalties under the Radiocommunications Act 1992 or other relevant legislation may also apply, including fines and potential criminal sanctions.

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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.