Telecommunications (Public Mobile Licence Charge) Act 1992

Overview

The Telecommunications (Public Mobile Licence Charge) Act 1992 was enacted by the Parliament of Australia to establish a charge on the grant of certain public mobile licences under the Telecommunications Act 1991. This Act was introduced to address a gap in the regulatory framework concerning the financial implications of granting public mobile licences. The policy objective of the Act is to impose a charge in the nature of a tax on these grants, which is intended to contribute to the costs associated with the administration and regulation of public mobile services. The charge is payable by the grantee of the licence and its amount is determined either by the bid submitted by the grantee in a tender process or, in other cases, as calculated under the regulations. This Act commenced on the later of the day it received Royal Assent or the commencement date of Part 10 of the Transport and Communications Legislation Amendment Act (No. 2) 1992.

Scope and Application

The Telecommunications (Public Mobile Licence Charge) Act 1992 applies to the grant of public mobile licences under the Telecommunications Act 1991, imposing a charge on such grants. The charge is levied on the grantee of the licence and is calculated either based on the amount of the bid submitted by the grantee if tenders were called, or according to a regulatory formula in other cases. This Act applies to individuals and entities that are granted public mobile licences, thus impacting the telecommunications industry directly. Geographically, it operates within the Commonwealth of Australia and is subject to the overarching regulatory framework provided by the Telecommunications Act 1991. The Act does not specify any exclusions or exemptions and allows for the creation of regulations by the Governor-General to further detail the implementation and enforcement of the charge. The Act's application can be extended or refined through subordinate instruments, ensuring that it can adapt to changes in the telecommunications landscape.

Key Provisions

The Telecommunications (Public Mobile Licence Charge) Act 1992 (section 4) imposes a charge on the grant of a public mobile licence, with the specific amount determined by either the bid amount accepted under the allocation system in cases where tenders were called (section 5(a)), or as calculated by regulation in other cases (section 5(b)). This charge is payable by the grantee of the licence (section 6). The Governor-General has the authority to make regulations necessary for the implementation of this Act (section 7). These regulations can cover matters required or permitted by the Act, or those deemed necessary or convenient for its execution (section 7(a) and (b)). Under this Act, the primary obligation of the grantee of a public mobile licence is to pay the imposed charge, which is based on either the accepted bid amount or a calculated amount as per the regulations. The Act ensures that the charge is levied specifically on the grantee of the licence, making clear the financial responsibility associated with obtaining the licence. The allowance for regulations enables flexibility in determining the precise method of calculating the charge when tenders are not involved, providing a structured framework for compliance. The Act does not explicitly detail offences, penalties, or civil or criminal consequences for non-compliance. However, given the nature of the Act, it can be inferred that failure to pay the imposed charge may lead to legal repercussions under the broader framework of the Telecommunications Act 1991 or other related legislation. The absence of specific penalties in this Act suggests that the enforcement of compliance and the imposition of penalties would fall under the provisions of other relevant Acts or regulations. The primary focus here is on the imposition and payment of the charge, with enforcement mechanisms likely addressed elsewhere in the legislative framework.