Radiocommunications (Transmitter Licence Tax) Amendment Determination 2021 (No.1)

Dated: 28 January 2021

Creina Chapman

[signed]

Member

Cathy Rainsford

[signed]

Member/General Manager

1  Name

  This is the Radiocommunications (Transmitter Licence Tax) Amendment Determination 2021 (No.1).

2  Commencement

  This instrument commences at the start of the day after the day it is registered on the Federal Register of Legislation.

Note: The Federal Register of Legislation may be accessed free of charge at www.legislation.gov.au.

3  Authority

  This instrument is made under subsection 7(1) of the Radiocommunications (Transmitter Licence Tax) Act 1983.

4  Amendments

  The instrument that is specified in Schedule 1 is amended as set out in the applicable items in that Schedule.

Schedule 1—Amendments

Radiocommunications (Transmitter Licence Tax) Determination 2015 (F2015L00323)

1  Part 3

Repeal the Part, substitute:

Part 3 Transitional arrangements relating to the Radiocommunications (Transmitter Licence Tax) Amendment Determination 2021 (No. 1)

3.1 Definitions for Part 3

In this Part:

amendment day means the day on which the Amendment Determination commenced.

Amendment Determination means the Radiocommunications (Transmitter Licence Tax) Amendment Determination 2021 (No. 1).

pre-amendment Determination means this Determination as in force immediately before the amendment day.

3.2 Transitional arrangements on or after commencement of the Amendment Determination

 (1) Despite Part 2 of this Determination, if:

(a) transmitter licence tax is imposed on the issue of a transmitter licence; and

(b) the licence is issued on or after the amendment day; and

(c) the licence comes into force before 5 April 2021;

use the pre-amendment Determination to work out the amount of transmitter licence tax.

Note 1: If a licence is issued before the amendment day, the pre-amendment Determination is used to work out the amount of transmitter licence tax, whether or not the licence comes into force before 5 April 2021.

Note 2: If a licence is issued on or after the amendment day, and comes into force on or after 5 April 2021, this Determination as amended by the Amendment Determination is used to work out the amount of transmitter licence tax.

 (2) Despite Part 2 of this Determination, if:

(a) transmitter licence tax is imposed on the anniversary of the day on which a transmitter licence came into force (anniversary day); and

(b) the anniversary day is on or after the amendment day but before 5 April 2021;

use the pre-amendment Determination to work out the amount of transmitter licence tax.

Note 1: If, for a transmitter licence, the anniversary day is before the amendment day, the pre-amendment Determination is used to work out the amount of transmitter licence tax.

Note 2: If, for a transmitter licence, the anniversary day is on or after 5 April 2021, this Determination as amended by the Amendment Determination is used to work out the amount of transmitter licence tax.

 (3) Despite Part 2 of this Determination, if:

(a) transmitter licence tax is imposed on the holding of a transmitter licence; and

(b) the day on which the tax is payable is on or after the amendment day but before 5 April 2021;

use the pre-amendment Determination to work out the amount of transmitter licence tax.

Note 1: If tax is imposed on the holding of a transmitter licence on a particular day, and that day is before the amendment day, the pre-amendment Determination is used to work out the amount of transmitter licence tax.

Note 2: If tax is imposed on the holding of a transmitter licence on a particular day, and that day is on or after 5 April 2021, this Determination as amended by the Amendment Determination is used to work out the amount of transmitter licence tax.

Note 3: Subsections 6(5) and (6) of the Act impose tax on the holding of a licence.

2  Schedule 2, Part 2 (table 202)

Repeal the table (including the note), substitute:

Table 202

Note: Schedule 1 sets out the area density types of spectrum accesses.

3  Schedule 2, Part 2A (table 206)

Repeal the table (including the note), substitute:

Table 206

Note: Schedule 1 sets out the area density types of spectrum accesses.

4  Schedule 2, Part 3 (table 302)

Repeal the table (including the note), substitute:

Table 302

Note: Schedule 1 sets out the area density types of spectrum accesses.

5  Clause 302A of Schedule 2 (definition of state or territory of the licence)

After ‘spectrum’, insert ‘area’.

6  Schedule 2, Part 3A, Division 2 (table 305A)

Repeal the table (including the example), substitute:

Table 305A

Example: A harmonised government spectrum area licence authorises the use, by transmitters, of 10 MHz in every part of South Australia.  The base amount for the licence on 6 April 2021 is: 10 x 20,088 = $200,880.

7  Schedule 2, Part 4 (table 402)

Repeal the table (including the note), substitute:

Table 402

Note: Schedule 1 sets out the area density types of spectrum accesses.

8  Schedule 2, Part 5 (table 502)

Repeal the table (including the note), substitute:

Table 502

Note: Schedule 1 sets out the area density types of spectrum accesses.

9  Schedule 2, Part 6 (table 602)

Repeal the table (including the note), substitute:

Table 602

Note: Schedule 1 sets out the area density types of spectrum accesses.

10  Schedule 2, Part 7 (table 702)

Repeal the table, substitute:

Table 702

11  Schedule 2, Part 8 (table 802)

Repeal the table (including the note), substitute:

Table 802

Note: For an open narrowcasting services broadcasting licence that is mentioned in item 801, a location mentioned in column 2 of table 802 is not the same as the density area of the same or a similar name described in Schedule 1.

12  Schedule 2, Part 8, sub-item 803(2)

Omit each mention of ‘$992’, substitute ‘$989’.

13  Schedule 2, Part 8A (table 802A)

Repeal the table (including the note), substitute:

Table 802A

Note: Schedule 1 sets out the area density types of spectrum accesses.

14  Schedule 2, Part 9 (table 902)

Repeal the table, substitute:

Table 902

15  Dictionary, definition of minimum annual amount

Omit ‘$41.49’, substitute ‘$41.37’.