Radiocommunications (Transmitter Licence Tax) Amendment Determination 2022 (No. 2)

Dated: 30 June 2022

James Cameron

[signed]

Member

Cathy Rainsford

[signed]

Member/General Manager

1  Name

  This is the Radiocommunications (Transmitter Licence Tax) Amendment Determination 2022 (No. 2).

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 (F2015L00322)

1  Part 3

Repeal the Part, substitute:

Part 3 Transitional arrangements relating to the Radiocommunications (Transmitter Licence Tax) Amendment Determination 2022 (No. 2)

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 2022 (No. 2).

implementation day means the day occurring 50 days after the amendment day.

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 the implementation day;

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 the implementation day.

Note 2: If a licence is issued on or after the amendment day, and comes into force on or after the implementation day, 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 the implementation day;

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 the implementation day, 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 the implementation day;

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 the implementation day, 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, paragraph 201(g)

Repeal the paragraph, substitute:

(g) a narrowcasting service station, other than a narrowcasting service station that is operated under a licence to which Part 8 of this Schedule applies;

3  Schedule 2, Part 2 (table 202)

Repeal the table, substitute:

Table 202

4  Schedule 2, Part 2A (table 206)

Repeal the table, substitute:

Table 206

5  Schedule 2, Part 3 (table 302)

Repeal the table, substitute:

Table 302

6  Schedule 2, Part 4 (table 402)

Repeal the table, substitute:

Table 402

7  Schedule 2, Part 5 (table 502)

Repeal the table, substitute:

Table 502

8  Schedule 2, Part 6 (table 602)

Repeal the table, substitute:

Table 602

9  Schedule 2, Part 7 (table 702, item 1)

Omit “Broadcasting licence (other than a service operated in the frequency range 2.3 MHz–26.1 MHz)”, substitute:

  Broadcasting licence, other than:

 (a) a broadcasting licence for a service operated in the frequency range 2.3 MHz–26.1 MHz; and

 (b) a broadcasting licence to which another Part of this Schedule applies.

10  Schedule 2, Part 8, items 801 and 802 (including the table)

Repeal the items, substitute:

801  Licences

 (1) Subject to subitem (2), this Part applies to the following:

 (a) a HPON radio licence;

 (b) a HPON television licence.

 (2) This Part does not apply to the following:

 (a) a short-term licence;

 (b) a HPON television licence that authorises the operation of a radiocommunications transmitter in Adelaide.

Note 1: Part 2 or Part 7 of this Schedule may apply to broadcasting licences not covered by this Part.

Note 2: For the licence mentioned in paragraph (b), see section 96A of the Radiocommunications Act 1992.

 (3) In this item:

Adelaide means the area of that name described by the Australian Bureau of Statistics as a significant urban area in 1270.0.55.004 – Australian Statistical Geographic Standard (ASGS): Volume 4 – Significant Urban Areas, Urban Centres and Localities, Section of State, July 2016, as existing on the day the Radiocommunications (Transmitter Licence Tax) Amendment Determination 2022 (No. 2) commenced.

Note 1: 1270.0.55.004 – Australian Statistical Geographic Standard (ASGS): Volume 4 – Significant Urban Areas, Urban Centres and Localities, Section of State, July 2016 is available, free of charge, from the Australian Bureau of Statistic’s website at www.abs.gov.au.

Note 2: The significant urban area called Adelaide is not the same as the density area called Adelaide that is described in Schedule 1.

HPON radio licence means a broadcasting licence that authorises the operation of a radiocommunications transmitter:

 (a) for the provision of an open narrowcasting radio service; and

 (b) on a frequency:

(i) in the frequency range 525 kHz to 1606.5 kHz; or

(ii) in the frequency range 87.5 MHz to 108 MHz; and

 (c) at a maximum power that is greater than:

(i) if the transmitter is operated in a residential area – 1 watt;

(ii) otherwise – 10 watts.

HPON television licence means a broadcasting licence that authorises the operation of a radiocommunications transmitter:

 (a) for the provision of an open narrowcasting television service; and

 (b) on a frequency in the frequency range 520 MHz to 694 MHz; and

 (c) at a maximum power that is greater than:

open narrowcasting radio service has the meaning given by the Broadcasting Services Act 1992.

open narrowcasting television service has the meaning given by the Broadcasting Services Act 1992.

residential area has the meaning given by:

 (a) the Radiocommunications Licence Conditions (Broadcasting Licence) Determination 2015; or

 (b) if a later instrument replaces that determination – the later instrument.

short term licence means an HPON radio licence or HPON television licence that specifies, for the purposes of subsection 103(2) of the Radiocommunications Act 1992, a period not greater than 6 months.

802  Annual amount of tax for licence

 (1) Subject to item 803, the amount of tax in respect of the licence to which this Part applies is as follows:

 (a) for a licence for a significant urban area that is specified in an item of column 1 of Table 802, that authorises operation of a radiocommunications transmitter on a frequency in the frequency range 87.5 MHz to 108 MHz – the amount specified in the corresponding item in column 2 of Table 802;

 (b) for a licence for a significant urban area that is specified in an item of column 1 of Table 802, that authorises operation of a radiocommunications transmitter on a frequency in the frequency range 520 MHz to 694 MHz – the amount specified in the corresponding item in column 2 of Table 802;

 (c) for a licence for a significant urban area that is specified in an item of column 1 of Table 802, that authorises operation of a radiocommunications transmitter on a frequency in the frequency range 525 kHz to 1606.5 kHz – the amount specified in the corresponding item in column 3 of Table 802;

 (d) for any other licence – $41.

Table 802

 (2) In subitem (1), each significant urban area is the area of that name described by the Australian Bureau of Statistics as a significant urban area in 1270.0.55.004 – Australian Statistical Geographic Standard (ASGS): Volume 4 – Significant Urban Areas, Urban Centres and Localities, Section of State, July 2016, as existing on the day the Radiocommunications (Transmitter Licence Tax) Amendment Determination 2022 (No. 2) commenced.

Note 1: 1270.0.55.004 – Australian Statistical Geographic Standard (ASGS): Volume 4 – Significant Urban Areas, Urban Centres and Localities, Section of State, July 2016 is available, free of charge, from the Australian Bureau of Statistic’s website at www.abs.gov.au.

Note 2: The significant urban areas are not the same as the density areas described in Schedule 1, even if they have the same or a similar name.

 (3) In subitem (1), a licence is a licence for a significant urban area if either:

 (a) the licence only authorises the operation of a radiocommunications transmitter at a location within a significant urban area; or

 (b) the licence describes a significant urban area, or a part of a significant urban area, to be the general area served by the licence.

11 Schedule 2, Part 8, subitem 803(2)

Omit “$989” (both occurrences), substitute “$41”.

12  Schedule 2, Part 8A (table 802A)

Repeal the table, substitute:

Table 802A

13  Schedule 2, Part 8A, paragraph 804AA(1)(b)

Repeal the paragraph, substitute:

 (b) the spectrum access for each of the co-located earth stations is within a frequency range within which the licence authorises the operation of a radiocommunications transmitter.

14 Schedule 2, Part 8A, sub-item 804AA(2)

Repeal the sub-item, substitute:

 (2) If, for co-located earth stations operated under the earth licence, there are two or more spectrum accesses (component accesses):

 (a) the spectrum accesses are taken to be a single spectrum access (combined access) for the purposes of section 2.2 and sub-item (2B); and

 (b) the bandwidth (in kHz) of the combined access is the difference between the highest frequency authorised by the component accesses and the lowest frequency authorised by the component accesses.

 (2A) The area density type of a combined access is:

 (a) if a component access has the Australia wide density area type – Australia wide;

 (b) if a component access has the high density area type, and no component access has the Australia wide density area type – high density;

 (c) if a component access has the medium density area type, and no component access has the Australia wide density area type or the high density area type – medium density;

 (d) if a component access has the low density area type, and no component access has the Australia wide density area type, the high density area type or the medium density area type – low density;

 (e) in any other case – remote density.

 (2B) The amount of tax in respect of the spectrum access for co-located earth stations operated under the earth licence is the amount worked out under item 802A.

Note 1: See the Dictionary for the definition of spectrum access.

Note 2: Sub-item (2B) also applies to a combined access.

15  Dictionary, paragraph (b) of the definition of low power spectrum access

Repeal the paragraph, substitute:

 (b) permits the operation of 1 or more devices, each with a maximum permitted radiated power level of 8.3 watts EIRP; and:

 (ba) is authorised under a licence in relation to which either:

  requests that the ACMA treats the licence as having a notional service area that consists of every point no more than 2 kilometres from:

16  Dictionary, after the definition of low power spectrum access

Insert:

Note: For paragraph (ba):

• a request of an applicant or a licensee may be made, on their behalf, by an accredited person;
• no form of words is prescribed or required to be used for making the request;
• the ‘notional service area’ is used by the ACMA and accredited persons in planning and coordinating radiocommunications.

17  Dictionary, paragraph (b) of the definition of micro power spectrum access

Repeal the paragraph, substitute:

 (b) permits the operation of 1 or more devices, each with a maximum permitted radiated power level of 1.7 watts EIRP; and:

 (c) is authorised under a licence in relation to which either:

  requests that the ACMA treats the licence as having a notional service area that consists of every point no more than 200 metres from:

18  Dictionary, after the definition of micro power spectrum access

Insert:

Note: For paragraph (c):

• a request of an applicant or a licensee may be made, on their behalf, by an accredited person;
• no form of words is prescribed or required to be used for making the request;
• the ‘notional service area’ is used by the ACMA and accredited persons in planning and coordinating radiocommunications.