Radiocommunications (Receiver Licence Tax) Amendment Determination 2011 (No. 2)
Radiocommunications (Receiver Licence Tax) Act 1983
The AUSTRALIAN COMMUNICATIONS AND MEDIA AUTHORITY makes this Determination under subsection 7 (1) of the Radiocommunications (Receiver Licence Tax) Act 1983.
Dated   13th September 2011
 
 
 
 
Chris Chapman
[signed]
Member
 
 
 
Richard Bean
[signed]
Member/General Manager
 
Australian Communications and Media Authority
 
1              Name of Determination
                This Determination is the Radiocommunications (Receiver Licence Tax) Amendment Determination 2011 (No. 2).
2              Commencement
                This Determination commences on the day after it is registered.
Note     All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See http://www.frli.gov.au.
3              Amendment of Radiocommunications (Receiver Licence Tax) Determination 2003 (No. 2)
                Schedule 1 amends the Radiocommunications (Receiver Licence Tax) Determination 2003 (No. 2).
 
Schedule 1        Amendments
(section 3)
  
[1]           Schedule 2, Part 3, item 302
omit
item 303,
insert
items 302A and 303,
[2]           Schedule 2, Part 3, after Table 302 (including the note)
insert
 
302A       Certain fixed receive licences within the 400MHz frequency band
 
(1)          In this item:
government purposes means the purposes of:
(a)         a department or an agency of the Commonwealth, a State or a Territory;
(b)          a body (whether incorporated or unincorporated) established for a public purpose by or under the law of the Commonwealth, a State or a Territory; or
(c)         any other body corporate in which:
(i)             the Commonwealth, a State or a Territory; or
(ii)           a body referred to in paragraph (b);
has a controlling interest.
harmonised government band comprises the following frequency ranges:
(a)           403-403.9875 MHz;
(b)          405.0125-406 MHz;
(c)           409.0375-410.5375 MHz;
(d)          412.4625-413.4375 MHz;
(e)           414.4625-415.5625 MHz;
(f)           418.4875-430 MHz;
(g)          457.50625-459.9875 MHz; and
(h)          467.50625-469.9875 MHz.
variation day means the day on which the Radiocommunications (Receiver Licence Tax) Amendment Determination 2011 (No. 2) commenced.
(2)          If:
(a)           a spectrum access under a licence authorises the operation of a radiocommunications receiver on a frequency within either of the following frequency ranges:
(i)            452.5-453 MHz;
(ii)          462-462.5 MHz; and
(b)          in the period starting on the variation day and ending on 31 December 2011 all the following conditions are met:
(i)            the holder of the licence surrenders the licence;
(ii)          the holder makes an application in writing to the ACMA for acceptance of the surrendered licence in exchange for a new licence under which each spectrum access would authorise the operation of a radiocommunications receiver on either of the following terms:
(A)        the receiver would operate on a frequency within a frequency range in paragraph (a) for a period ending within 6 months after the day the new licence is issued, and on a frequency within the frequency range 440-450 MHz or 469.9875-520 MHz for a period ending no later than 31 December 2015; or
(B)         the receiver would operate on a frequency within the frequency range 440-450 MHz or 469.9875-520 MHz for a period ending no later than 31 December 2015;
(iii)        the ACMA accepts the surrendered licence and issues a new licence in exchange for the surrendered licence in accordance with the holder’s application; and
(iv)        the new licence is otherwise in the same, or substantially the same, terms as the surrendered licence;
                 the amount of tax in respect of the spectrum access under the new licence is the amount worked out under item 302 divided by 2.
(3)          If:
(a)           a spectrum access under a licence authorises the operation of a radiocommunications receiver on a frequency within the frequency range 469.4875-469.9875 MHz; and
(b)          in the period starting on the variation day and ending on 31 December 2011 all the following conditions are met:
(i)            the holder of the licence surrenders the licence;
(ii)          the holder makes an application in writing to the ACMA for acceptance of the surrendered licence in exchange for a new licence under which each spectrum access would authorise the operation of a radiocommunications receiver on either of the following terms:
(A)        the receiver would operate on a frequency within a frequency range in paragraph (a) for a period ending within 6 months after the day the new licence is issued, and on a frequency within the frequency range 462-462.5 MHz or 469.9875-520 MHz  for a period ending no later than 31 December 2015; or
(B)         the receiver would operate on a frequency within the frequency range 462-462.5 MHz or 469.9875-520 MHz  for a period ending no later than 31 December 2015;
(iii)        the ACMA accepts the surrendered licence and issues a new licence in exchange for the surrendered licence in accordance with the holder’s application; and
(iv)        the new licence is otherwise in the same, or substantially the same, terms as the surrendered licence;
                 the amount of tax in respect of the spectrum access under the new licence is the amount worked out under item 302 divided by 2.
(4)          If:
(a)         a spectrum access under a licence authorises the operation of a radiocommunications receiver on a frequency within either of the following frequency ranges:
(i)            453-457.5 MHz;
(ii)     462.5-467.50625 MHz; and
(b)          the licence is used for government purposes; and
(c)           in the period starting on the variation day and ending on 31 December 2013 all the following conditions are met:
(i)            the holder of the licence surrenders the licence;
(ii)          the holder makes an application in writing to the ACMA for acceptance of the surrendered licence in exchange for a new licence under which each spectrum access would authorise the operation of a radiocommunications receiver on either of the following terms:
(A)        the receiver would operate on a frequency within a frequency range in paragraph (a) for a period ending within 6 months after the day the new licence is issued or no later than 30 June 2014, whichever is the sooner, and on a frequency within a frequency range in the harmonised government band for a period ending no later than 31 December 2015; or
(B)         the receiver would operate on a frequency within a frequency range in the harmonised government band for a period ending no later than 31 December 2015;
(iii)        the ACMA accepts the surrendered licence and issues a new licence in exchange for the surrendered licence in accordance with the holder’s application; and
(iv)        the new licence is otherwise in the same, or substantially the same, terms as the surrendered licence;
                 the amount of tax in respect of the spectrum access under the new licence is the amount worked out under item 302 divided by 2.
(5)          If:
(a)         a spectrum access under a licence authorises the operation of a radiocommunications receiver on a frequency within either of the following frequency ranges:
(i)             457.50625-459.9875 MHz;
(ii)          467.50625-469.4875 MHz; and
(b)          the licence is used for purposes other than government purposes; and
(c)           in the period starting on the variation day and ending on 31 December 2013 all the following conditions are met:
(i)            the holder of the licence surrenders the licence;
(ii)          the holder makes an application in writing to the ACMA for acceptance of the surrendered licence in exchange for a new licence under which each spectrum access would authorise the operation of a radiocommunications receiver on either of the following terms:
(A)        the receiver would operate on a frequency within a frequency range in paragraph (a) for a period ending within 6 months after the day the new licence is issued or no later than 30 June 2014, whichever is the sooner, and on a frequency within a frequency range not in the harmonised government band for a period ending no later than 31 December 2015; or
(B)         the receiver would operate on a frequency within a frequency range not in the harmonised government band for a period ending no later than 31 December 2015;
(iii)        the ACMA accepts the surrendered licence and issues a new licence in exchange for the surrendered licence in accordance with the holder’s application; and
(iv)        the new licence is otherwise in the same, or substantially the same, terms as the surrendered licence;
                 the amount of tax in respect of the spectrum access under the new licence is the amount worked out under item 302 divided by 2.
(6)          If:
(a)     a spectrum access under a licence authorises the operation of a radiocommunications receiver on a frequency within a frequency range not in the harmonised government band; and
(b)     the licence is used for government purposes; and
(c)     in the period starting on the variation day and ending on 31 December 2014 all the following conditions are met:
            (i)       the holder of the licence surrenders the licence;
            (ii)      the holder makes an application in writing to the ACMA for acceptance of the surrendered licence in exchange for a new licence under which each spectrum access would authorise the operation of a radiocommunications receiver on either of the following terms:
(A)       the receiver would operate on a frequency within a frequency range not in the harmonised government band for a period ending within 6 months after the day the new licence is issued or no later than 30 June 2015, whichever is the sooner, and on a frequency within a frequency range in the harmonised government band for a period ending no later than 31 December 2015; or
(B)        the receiver would operate on a frequency within a frequency range in the harmonised government band for a period ending no later than 31 December 2015;
            (iii)     the ACMA accepts the surrendered licence and issues a new licence in exchange for the surrendered licence in accordance with the holder’s application; and
            (iv)     the new licence is otherwise in the same, or substantially the same, terms as the surrendered licence;
                 the amount of tax in respect of the spectrum access under the new licence is the amount worked out under item 302 divided by 2.
(7)          If:
(a)     a spectrum access under a licence authorises the operation of a radiocommunications receiver on a frequency within any frequency range in the harmonised government band other than either of the frequency ranges:
(i)             457.50625-459.9875 MHz;
(ii)          467.50625-469.4875 MHz; and
(b)     the licence is used for purposes other than government purposes; and
(c)     in the period starting on the variation day and ending on 31 December 2014 all the following conditions are met:
            (i)       the holder of the licence surrenders the licence;
            (ii)      the holder makes an application in writing to the ACMA for acceptance of the surrendered licence in exchange for a new licence under which each spectrum access would authorise the operation of a radiocommunications receiver on either of the following terms:
(A)        the receiver would operate on a frequency within any frequency range in the harmonised government band for a period ending within 6 months after the day the new licence is issued or no later than 30 June 2015, whichever is the sooner, and on a frequency within a frequency range not in the harmonised government band for a period ending no later than 31 December 2015; or
(B)         the receiver would operate on a frequency within a frequency range not in the harmonised government band for a period ending no later than 31 December 2015;
            (iii)     the ACMA accepts the surrendered licence and issues a new licence in exchange for the surrendered licence in accordance with the holder’s application; and
            (iv)     the new licence is otherwise in the same, or substantially the same, terms as the surrendered licence;
                 the amount of tax in respect of the spectrum access under the new licence is the amount worked out under item 302 divided by 2.
 [3]          Schedule 2, Part 3, item 303
omit
item 302
insert
item 302 or 302A