Radiocommunications (Transmitter Licence Tax) Amendment Determination 2005 (No. 1)
The AUSTRALIAN COMMUNICATIONS AUTHORITY makes this Determination under subsection 7 (1) of the Radiocommunications (Transmitter Licence Tax) Act 1983.
Dated 16 February 2005 R. HORTON Chair A. HORSLEY Deputy Chair
Australian Communications Authority
1 Name of Determination
This Determination is the Radiocommunications (Transmitter Licence Tax) Amendment Determination 2005 (No. 1).
2 Commencement
This Determination commences on the day after it is registered.
3 Amendment of Radiocommunications (Transmitter Licence Tax) Determination 2003 (No. 2)
Schedule 1 amends the Radiocommunications (Transmitter Licence Tax) Determination 2003 (No. 2).
Schedule 1 Amendments
(section 3)
[1] Part 2
substitute
Part 2 Working out transmitter licence tax
2.1 Using Schedules 1, 2 and 3
(1) Schedule 1 sets out the area densities to be used in working out transmitter licence tax.
(2) Schedule 2 explains the annual amounts that are used to work out transmitter licence tax.
Note 1 Each Part of Schedule 2 identifies the types of transmitter licences to which it applies.
Note 2 The annual amount of tax is the amount of tax usually payable for 1 spectrum access authorised under a licence for 1 year. However, the amount may be modified to reflect factors such as the period of the licence, the power of the transmitter and whether the licensee is an eligible person.
(3) Schedule 3 explains how to use the annual amounts to work out the amount of transmitter licence tax for a particular licence period.
2.2 Working out tax
To work out an amount of transmitter licence tax:
(a) identify the Part of Schedule 2 that applies to the type of licence; and
(b) follow the instructions in that Part to work out:
(i) the annual amount for each spectrum access under the licence; or
(ii) the annual amount of transmitter licence tax for the licence; and
(c) use Schedule 3 to work out the amount of transmitter licence tax for the period of the licence.
Note Item 102 of Schedule 3 sets out arrangements to round amounts of transmitter licence tax under that Schedule.
[2] After Part 3
insert
Part 4 Transitional arrangements relating to the Radiocommunications (Transmitter Licence Tax) Amendment Determination 2005 (No. 1)
4.1 Definitions for Part 4
In this Part:
amendment day means the day on which the Radiocommunications (Transmitter Licence Tax) Amendment Determination 2005 (No. 1) commenced.
Note The Amendment Determination commenced on the day after it was registered on the Federal Register of Legislative Instruments.
Amendment Determination means the Radiocommunications (Transmitter Licence Tax) Amendment Determination 2005 (No. 1).
pre-amendment Determination means this Determination as in force immediately before the commencement of the Amendment Determination.
4.2 Transitional arrangements after commencement of Amendment Determination
(1) In spite of the amendments made by the Amendment Determination, if:
(a) apparatus 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 4 April 2005;
use the pre-amendment Determination to work out the amount of the transmitter licence tax.
(2) In spite of the amendments made by the Amendment Determination, if:
(a) apparatus licence tax is imposed on the anniversary of the day on which a transmitter licence came into force; and
(b) the anniversary of the licence is on or after the amendment day but before 4 April 2005;
use the pre-amendment Determination to work out the amount of the transmitter licence tax.
(3) In spite of the amendments made by the Amendment Determination, if:
(a) apparatus licence tax is imposed on the holding of a transmitter licence; and
(b) the day when the tax is payable is on or after the amendment day but before 4 April 2005;
use the pre-amendment Determination to work out the amount of the transmitter licence tax.
(4) If:
(a) apparatus 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 on or after 4 April 2005;
use this Determination, as amended by the Amendment Determination, to work out the amount of the transmitter licence tax.
(5) If:
(a) apparatus licence tax is imposed on the anniversary of the day on which a transmitter licence came into force; and
(b) the anniversary of a licence is on or after 4 April 2005;
use this Determination, as amended by the Amendment Determination, to work out the amount of the transmitter licence tax.
(6) If:
(a) apparatus licence tax is imposed on the holding of a transmitter licence; and
(b) the day when the tax is payable is on or after 4 April 2005;
use this Determination, as amended by the Amendment Determination, to work out the amount of the transmitter licence tax.
[3] Schedule 1, after item 107
insert in Part 1
108 East Australia low density area
In this Schedule, the East Australia low density area is the area located:
(a) in Zones 53, 54, 55 and 56 of the Australian Map Grid; and
(b) inside the boundary:
(i) starting in Zone 55 at easting 285979 and northing 8230029 of the Grid; and
(ii) proceeding in a straight line in Zone 55 to easting 289466 and northing 7897969 of the Grid; and
(iii) proceeding in a straight line in Zone 55 to easting 394745 and northing 7898866 of the Grid; and
(iv) proceeding in a straight line in Zone 55 to easting 395390 and northing 7788199 of the Grid; and
(v) proceeding in a straight line in Zone 55 to easting 552303 and northing 7788433 of the Grid; and
(vi) proceeding in a straight line in Zone 55 to easting 551965 and northing 7677763 of the Grid; and
(vii) proceeding in a straight line in Zone 55 to easting 603933 and northing 7677519 of the Grid; and
(viii) proceeding in a straight line in Zone 55 to easting 601715 and northing 7345403 of the Grid; and
(ix) proceeding in a straight line in Zone 56 to easting 194772 and northing 7342512 of the Grid; and
(x) proceeding in a straight line in Zone 56 to easting 197180 and northing 7231690 of the Grid; and
(xi) proceeding in a straight line in Zone 56 to easting 298153 and northing 7233553 of the Grid; and
(xii) proceeding in a straight line in Zone 56 to easting 303332 and northing 6901175 of the Grid; and
(xiii) proceeding in a straight line in Zone 56 to easting 204955 and northing 6899158 of the Grid; and
(xiv) proceeding in a straight line in Zone 56 to easting 207728 and northing 6788292 of the Grid; and
(xv) proceeding in a straight line in Zone 55 to easting 694822 and northing 6790354 of the Grid; and
(xvi) proceeding in a straight line in Zone 55 to easting 688928 and northing 6457804 of the Grid; and
(xvii) proceeding in a straight line in Zone 55 to easting 594458 and northing 6459115 of the Grid; and
(xviii) proceeding in a straight line in Zone 55 to easting 593418 and northing 6348256 of the Grid; and
(xix) proceeding in a straight line in Zone 55 to easting 500000 and northing 6348700 of the Grid; and
(xx) proceeding in a straight line in Zone 55 to easting 500000 and northing 6237831 of the Grid; and
(xxi) proceeding in a straight line in Zone 55 to easting 361472 and northing 6236817 of the Grid; and
(xxii) proceeding in a straight line in Zone 55 to easting 363117 and northing 6125916 of the Grid; and
(xxiii) proceeding in a straight line in Zone 54 to easting 682517 and northing 6125116 of the Grid; and
(xxiv) proceeding in a straight line in Zone 54 to easting 684711 and northing 6236028 of the Grid; and
(xxv) proceeding in a straight line in Zone 54 to easting 315289 and northing 6236028 of the Grid; and
(xxvi) proceeding in a straight line in Zone 54 to easting 313152 and northing 6346924 of the Grid; and
(xxvii) proceeding in a straight line in Zone 54 to easting 266429 and northing 6345924 of the Grid; and
(xxviii) proceeding in a straight line in Zone 54 to easting 263828 and northing 6456821 of the Grid; and
(xxix) proceeding in a straight line in Zone 53 to easting 688928 and northing 6457804 of the Grid; and
(xxx) proceeding in a straight line in Zone 53 to easting 677963 and northing 5903244 of the Grid; and
(xxxi) proceeding in a straight line in Zone 54 to easting 322037 and northing 5903244 of the Grid; and
(xxxii) proceeding in a straight line in Zone 54 to easting 324396 and northing 5792283 of the Grid; and
(xxxiii) proceeding in a straight line in Zone 54 to easting 412201 and northing 5793699 of the Grid; and
(xxxiv) proceeding in a straight line in Zone 54 to easting 413407 and northing 5682733 of the Grid; and
(xxxv) proceeding in a straight line in Zone 55 to easting 413407 and northing 5682733 of the Grid; and
(xxxvi) proceeding in a straight line in Zone 55 to easting 414639 and northing 5571749 of the Grid; and
(xxxvii) proceeding in a straight line in Zone 55 to easting 500000 and northing 5572227 of the Grid; and
(xxxviii) proceeding in a straight line in Zone 55 to easting 500000 and northing 5683208 of the Grid; and
(xxxix) proceeding in a straight line in Zone 55 to easting 673192 and northing 5681306 of the Grid; and
(xl) proceeding in a straight line in Zone 55 to easting 675604 and northing 5792283 of the Grid; and
(xli) proceeding in a straight line in Zone 56 to easting 324396 and northing 5792283 of the Grid; and
(xlii) proceeding in a straight line in Zone 56 to easting 317483 and northing 6125116 of the Grid; and
(xliii) proceeding in a straight line in Zone 56 to easting 408746 and northing 6126487 of the Grid; and
(xliv) proceeding in a straight line in Zone 56 to easting 407650 and northing 6237380 of the Grid; and
(xlv) proceeding in a straight line in Zone 56 to easting 500000 and northing 6237831 of the Grid; and
(xlvi) proceeding in a straight line in Zone 56 to easting 500000 and northing 6459552 of the Grid; and
(xlvii) proceeding in a straight line in Zone 56 to easting 594458 and northing 6459115 of the Grid; and
(xlviii) proceeding in a straight line in Zone 56 to easting 601715 and northing 7345403 of the Grid; and
(xlix) proceeding in a straight line in Zone 56 to easting 500000 and northing 7345764 of the Grid; and
(l) proceeding in a straight line in Zone 56 to easting 500000 and northing 7456471 of the Grid; and
(li) proceeding in a straight line in Zone 56 to easting 295007 and northing 7455073 of the Grid; and
(lii) proceeding in a straight line in Zone 56 to easting 292110 and northing 7676544 of the Grid; and
(liii) proceeding in a straight line in Zone 56 to easting 188106 and northing 7674916 of the Grid; and
(liv) proceeding in a straight line in Zone 56 to easting 186073 and northing 7785698 of the Grid; and
(lv) proceeding in a straight line in Zone 55 to easting 709244 and northing 7787262 of the Grid; and
(lvi) proceeding in a straight line in Zone 55 to easting 710534 and northing 7897969 of the Grid; and
(lvii) proceeding in a straight line in Zone 55 to easting 500000 and northing 7899165 of the Grid; and
(lviii) proceeding in a straight line in Zone 55 to easting 500000 and northing 8231059 of the Grid; and
(lix) returning in a straight line in Zone 55 to the starting point.
109 Western Australia low density area
In this Schedule, the Western Australia low density area is the area located:
(a) in Zone 50 of the Australian Map Grid; and
(b) inside the boundary:
(i) starting at easting 204955 and northing 6899158 of the Grid; and
(ii) proceeding in a straight line to easting 226201 and northing 6122830 of the Grid; and
(iii) proceeding in a straight line to easting 408746 and northing 6126487 of the Grid; and
(iv) proceeding in a straight line to easting 409871 and northing 6015575 of the Grid; and
(v) proceeding in a straight line to easting 590129 and northing 6015575 of the Grid; and
(vi) proceeding in a straight line to easting 595469 and northing 6569957 of the Grid; and
(vii) proceeding in a straight line to easting 404531 and northing 6569957 of the Grid; and
(viii) proceeding in a straight line to easting 401674 and northing 6902384 of the Grid; and
(ix) returning in a straight line to the starting point.
110 Tasmania low density area
In this Schedule, the Tasmania low density area is the area located:
(a) in Zone 55 of the Australian Map Grid; and
(b) inside the boundary:
(i) starting at easting 373275 and northing 5493447 of the Grid; and
(ii) proceeding in a straight line to easting 374996 and northing 5393531 of the Grid; and
(iii) proceeding in a straight line to easting 473608 and northing 5394569 of the Grid; and
(iv) proceeding in a straight line to easting 474609 and northing 5128061 of the Grid; and
(v) proceeding in a straight line to easting 660350 and northing 5126166 of the Grid; and
(vi) proceeding in a straight line to easting 668969 and northing 5492606 of the Grid; and
(vii) returning in a straight line to the starting point.
111 Darwin low density area
In this Schedule, the Darwin low density area is the area located:
(a) in Zone 52 of the Australian Map Grid; and
(b) inside the boundary:
(i) starting at easting 662841 and northing 8590035 of the Grid; and
(ii) proceeding in a straight line to easting 744293 and northing 8589447 of the Grid; and
(iii) proceeding in a straight line to easting 744992 and northing 8672441 of the Grid; and
(iv) proceeding in a straight line to easting 663306 and northing 8672997 of the Grid; and
(v) returning in a straight line to the starting point.
[4] Schedule 1, subitem 203 (1)
substitute
(1) The area density type of a spectrum access is low density if:
(a) the spectrum access is not in, and does not include, any of the following areas:
(i) the Sydney area;
(ii) the Melbourne area;
(iii) the Brisbane area;
(iv) the Perth area;
(v) the Adelaide area;
(vi) the Newcastle area; and
(b) the spectrum access is in, or includes, any of the following areas:
(i) the East Australia low density area;
(ii) the Western Australia low density area;
(iii) the Tasmania low density area;
(iv) the Darwin low density area; and
(c) item 204 does not apply to the relevant licence or the spectrum access.
[5] Schedule 1, after item 203
insert
203A Remote density
The area density type of a spectrum access is remote density if:
(a) the spectrum access is not in any of the areas mentioned in Part 1; and
(b) the spectrum access does not include any of the areas mentioned in Part 1; and
(c) item 204 does not apply to the spectrum access.
[6] Schedule 2
omit
[7] Schedule 3, heading
omit
(subsection 2.1 (3))
insert
(subsection 2.1 (2))
[8] Schedule 3, subitem 201 (1)
omit
the following stations:
insert
the following:
[9] Schedule 3, paragraph 201 (1) (m)
omit
system station;
insert
system;
[10] Schedule 3, paragraph 201 (1) (n)
omit
assigned station;
insert
assigned;
[11] Schedule 3, paragraph 201 (1) (o)
omit
assigned station;
insert
assigned;
[12] Schedule 3, paragraph 201 (1) (t)
omit
space station.
insert
space station;
[13] Schedule 3, after paragraph 201 (1) (t)
insert
(u) a 900 MHz studio to transmitter link station;
(v) a defence licence.
[14] Schedule 3, item 202, including the note
substitute
202 Annual amount of tax for spectrum access
Subject to items 203 and 204, the amount of tax in respect of each spectrum access under the licence is the amount specified in Table 202 for the frequency range and area density type applicable to the spectrum access, multiplied by the bandwidth (in kHz) of the spectrum access.
Table 202
Frequency range
Amount ($)
Area density
Australia wide
High density
Medium density
Low density
Remote density
MHz
0–30
0.8646
0.8646
0.8646
0.8646
0.8646
>30–70
1.9531
0.7628
0.4058
0.0876
0.0437
>70–399.9
2.0038
0.8224
0.3763
0.0844
0.0421
>399.9–960
2.0038
1.1221
0.5134
0.0876
0.0437
>960–2 690
2.0008
0.4491
0.2076
0.1044
0.0521
GHz
>2.69–5.0
1.9986
0.3713
0.1505
0.1246
0.0623
>5.0–8.5
1.6874
0.3120
0.1453
0.0661
0.0321
>8.5–14.5
0.7436
0.2677
0.0633
0.0046
0.0022
>14.5–31.3
0.7436
0.1980
0.0435
0.0046
0.0022
>31.3–51.4
0.2028
0.1080
0.0234
0.0008
0.0004
>51.4
0.0200
0.0020
0.0020
0.0002
0.0002
Note Schedule 1 sets out the area density types of spectrum accesses.
[15] Schedule 3, item 205
omit each mention of
$28.67
insert
$29.39
[16] Schedule 3, paragraph 301 (a)
omit
(other than a station operated in the frequency range 70–960 MHz)
[17] Schedule 3, item 302, including the note
substitute
302 Annual amount of tax for spectrum access
Subject to item 303, the amount of tax in respect of each spectrum access under the licence is the amount specified in Table 302 for the frequency range and area density type applicable to the spectrum access, multiplied by the bandwidth (in kHz) of the spectrum access.
Table 302
Frequency range
Amount ($)
Area density
Australia wide
High density
Medium density
Low density
Remote density
MHz
0–30
63.9284
63.9284
63.9284
63.9284
63.9284
>30–70
144.4056
56.4022
30.0012
6.4743
3.2298
>70–399.9
148.1539
60.8024
27.8233
6.2373
3.1112
>399.9–960
148.1539
82.9662
37.9570
6.4743
3.2298
>960–2 690
147.9316
33.2013
15.3487
7.7188
3.8520
GHz
>2.69–5.0
147.7687
27.4529
11.1264
9.2152
4.6076
>5.0–8.5
124.7604
23.0676
10.7412
4.8891
2.3705
>8.5–14.5
54.9799
19.7934
4.6817
0.3408
0.1630
>14.5–31.3
54.9799
14.6376
3.2149
0.3408
0.1630
>31.3–51.4
14.9932
7.9855
1.7334
0.0593
0.0296
>51.4
1.4815
0.1482
0.1482
0.0148
0.0148
Note Schedule 1 sets out the area density types of spectrum accesses.
[18] Schedule 3, item 304
omit each mention of
$28.67
insert
$29.39
[19] Schedule 3, Parts 4, 5 and 6
substitute
Part 4 Assigned Fixed Point to Point Licences
401 Licences
This Part applies to a licence that relates to a point to point station.
402 Annual amount of tax for spectrum access
The amount of tax in respect of each spectrum access under the licence is the amount specified in Table 402 for the frequency range and area density type applicable to the spectrum access, multiplied by the bandwidth (in kHz) of the spectrum access.
Table 402
Frequency range
Amount ($)
Area density
Australia wide
High density
Medium density
Low density
Remote density
MHz
0–30
4.4097
4.4097
4.4097
4.4097
4.4097
>30–70
9.9608
3.8905
2.0694
0.4466
0.2228
>70–399.9
10.2194
4.1940
1.9192
0.4302
0.2146
>399.9–960
10.2194
5.7229
2.6182
0.4466
0.2228
>960–2 690
0.8742
0.1962
0.0907
0.0456
0.0228
GHz
>2.69–5.0
0.8732
0.1622
0.0658
0.0545
0.0272
>5.0–8.5
0.7373
0.1363
0.0635
0.0289
0.0140
>8.5–14.5
0.3249
0.1170
0.0277
0.0020
0.0010
>14.5–31.3
0.3249
0.0865
0.0190
0.0020
0.0010
>31.3–51.4
0.0886
0.0472
0.0102
0.0004
0.0002
>51.4
0.0088
0.0009
0.0009
0.0001
0.0001
Note Schedule 1 sets out the area density types of spectrum accesses.
403 Minimum annual amount
If the amount of tax worked out in respect of a spectrum access using item 402 is less than $29.39, the amount of tax is taken to be $29.39.
Part 5 Assigned Fixed Point to Multipoint Licences
501 Licences
This Part applies to a licence that relates to either or both of:
(a) a point to multipoint station operating with a frequency greater than or equal to 960 MHz; and
(b) a point to multipoint station operating with a frequency of less than 960 MHz.
502 Annual amount of tax for spectrum access
The amount of tax in respect of each spectrum access under the licence is the amount specified in Table 502 for the frequency range and area density type applicable to the spectrum access, multiplied by the bandwidth (in kHz) of the spectrum access.
Table 502
Frequency range
Amount ($)
Area density
Australia wide
High density
Medium density
Low density
Remote density
MHz
0–30
14.9583
14.9583
14.9583
14.9583
14.9583
>30–70
33.7887
13.1972
7.0198
1.5149
0.7557
>70–399.9
34.6657
14.2268
6.5102
1.4594
0.7280
>399.9–960
34.6657
19.4128
8.8814
1.5149
0.7557
>960–2 690
0.8742
0.1962
0.0907
0.0456
0.0228
GHz
>2.69–5.0
0.8732
0.1622
0.0658
0.0545
0.0272
>5.0–8.5
0.7373
0.1363
0.0635
0.0289
0.0140
>8.5–14.5
0.3249
0.1170
0.0277
0.0020
0.0010
>14.5–31.3
0.3249
0.0865
0.0190
0.0020
0.0010
>31.3–51.4
0.0886
0.0472
0.0102
0.0004
0.0002
>51.4
0.0088
0.0009
0.0009
0.0001
0.0001
Note Schedule 1 sets out the area density types of spectrum accesses.
503 Low power spectrum access
The amount of tax in respect of a low power spectrum access is the amount worked out under item 502 for the spectrum access, divided by 10.
504 Minimum annual amount
If the amount of tax worked out in respect of a spectrum access using items 502 and 503 is less than $29.39, the amount of tax is taken to be $29.39.
Part 6 Fixed television outside broadcast station
601 Licences
This Part applies to a licence that relates to a television outside broadcast station.
602 Annual amount of tax for spectrum access
The amount of tax in respect of each spectrum access under the licence is the amount specified in Table 602 for the frequency range and area density type applicable to the spectrum access, multiplied by the bandwidth (in kHz) of the spectrum access.
Table 602
Frequency range
Amount ($)
Area density
Australia wide
High density
Medium density
Low density
Remote density
MHz
0–30
0.4436
0.4436
0.4436
0.4436
0.4436
>30–70
1.0020
0.3913
0.2082
0.0449
0.0224
>70–399.9
1.0280
0.4219
0.1931
0.0433
0.0216
>399.9–960
1.0280
0.5757
0.2634
0.0449
0.0224
>960–2 690
1.0264
0.2304
0.1065
0.0536
0.0267
GHz
>2.69–5.0
1.0253
0.1905
0.0772
0.0639
0.0320
>5.0–8.5
0.8656
0.1601
0.0745
0.0339
0.0164
>8.5–14.5
0.3815
0.1373
0.0325
0.0024
0.0011
>14.5–31.3
0.3815
0.1016
0.0223
0.0024
0.0011
>31.3–51.4
0.1040
0.0554
0.0120
0.0004
0.0002
>51.4
0.0103
0.0010
0.0010
0.0001
0.0001
Note Schedule 1 sets out the area density types of spectrum accesses.
603 Minimum annual amount
If the amount of tax worked out in respect of a spectrum access using item 602 is less than $29.39, the amount of tax is taken to be $29.39.
[20] Schedule 3, item 702
substitute
702 Annual amount of tax for licence
The amount of tax in respect of the licence is set out in Table 702.
Table 702
Item
Service
Amount
1
Broadcasting licence (other than a service operated in the frequency range 2.3 MHz–26.1 MHz)
$29.39 per transmitter
2
Datacasting licence
$29.39 per transmitter
3
Licence that authorises the operation of point to point (5.8 GHz band) stations
$29.39 per pair of spectrum accesses
4
Licence that authorises the operation of point to point (58 GHz band) stations
$180 per pair of spectrum accesses
5
Television outside broadcast network
$295 422
6
Television outside broadcast system (Australia wide density area)
$31 655
7
Television outside broadcast system (high density area)
$5 853
8
Television outside broadcast system (medium density area)
$2 725
9
Television outside broadcast system (low density area)
$1 241
10
Television outside broadcast system (remote density area)
$621
11
PABX cordless telephone service
$29.39
12
Land mobile system (cellular configuration) (high density area)
$2 236.01 per spectrum access
13
Land mobile system (cellular configuration) (medium density area)
$1 110.78 per spectrum access
14
Land mobile system (cellular configuration) (low density area)
$323.72 per spectrum access
15
Land mobile system (cellular configuration) (remote density area)
$161.49 per spectrum access
16
PMTS Class B operated in the 900 MHz frequency band
$2 396 796 for each MHz on which the service may be operated
17
PMTS Class B operated in the 1.8 GHz frequency band
$0.01 for each paired MHz of spectrum on which the service may be operated multiplied by the population of the area to which the service relates as worked out in the 1991 Census
18
Non-geostationary orbit satellite system operated at a frequency of more than 8.5 GHz
$209 for each MHz on which the service may be operated
[21] Schedule 3, item 802, including the note
substitute
802 Annual amount of tax for licence
The amount of tax in respect of the licence is set out in Table 802.
Table 802
Item
Location of open narrowcasting service
Amount
1
2
3
4
5
6
7
Sydney
Gosford
Melbourne
Geelong
Adelaide
Perth
Hobart
$103 887
$14 068
$91 982
$14 068
$19 479
$31 382
$1 191
Note These areas are not the same as the density areas described in Schedule 1.
[22] Schedule 3, item 902, including the note
substitute
902 Annual amount of tax for licence
The amount of tax in respect of the licence is set out in Table 902.
Table 902
Item
Location of open narrowcasting service
Amount
1
Sydney
$29 218
2
Melbourne
$29 218
3
Brisbane
$10 605
4
Adelaide
$10 605
5
Perth
$10 605
6
PerthCity
$10 605
7
Newcastle
$2 705
8
Canberra
$2 705
9
Wollongong
$2 705
10
Gold Coast
$2 705
11
Gosford
$2 705
12
Penrith
$2 705
13
Hobart
$1 191
14
Geelong
$1 191
15
Nambour
$1 191
16
Townsville
$1 191
17
Cairns
$1 191
18
Any other location
$703
Note These areas are not the same as the density areas described in Schedule 1.
[23] Schedule 3, item 904
omit each mention of
$686
insert
$703
[24] Schedule 3, item 1002
substitute
1002 Annual amount of tax for licence
The amount of tax in respect of the licence is set out in Table 1002.
Table 1002
Item
Station
Amount
1
Aeronautical non-assigned station
$29.39
2
Amateur station
$36.05
3
Limited coast marine rescue station
$29.39
4
Limited coast non-assigned station
$29.39
5
Outpost non-assigned station
$29.39
6
Scientific non-assigned station
$29.39
7
Ship station class B non-assigned
$29.39
8
Ship station class C non-assigned
$29.39
9
Sound outside broadcast station
$29.39
10
Temporary fixed link station
$1 638.00
[25] Schedule 3, Part 11
omit
[26] Schedule 3
renumber as Schedule 2
[27] Schedule 4, heading
omit
(subsection 2.1 (4))
insert
(subsection 2.1 (3))
[28] Schedule 4, items 103 to 105
substitute
103 Full payment of licence tax
Use Table 103 to work out tax in respect of the issue of a licence for a period of 12 months or less.
Use Table 103 to work out tax in respect of the issue of a licence if:
(a) the licence is issued for a period of more than 12 months; and
(b) the licensee elected, in the licence application, that subsection 6 (2) of the Act was to apply to the licence.
Note 1 The effect of an election that subsection 6 (2) of the Act is to apply to a licence is that the full amount of tax is to be paid on the issue of the licence.
Note 2 The amount worked out using Table 103 may be rounded in accordance with item 102.
Table 103
Step 1
Find the relevant annual amount using Schedule 2.
Step 2
Multiply the annual amount by the number of days in the licence period.
Divide the result by 365.
Step 3
If the amount worked out in step 2 is less than $29.39, increase the amount to $29.39.
Step 4
Add up the amounts worked out for each spectrum access (if necessary).
If the licence is to be issued to an eligible person, multiply the result by 0.285.
104 Payment by instalments
Use Table 104 to work out tax in respect of the issue of a licence, and each anniversary of the day the licence came into force, if:
(a) the licence is issued for a period of more than 12 months; and
(b) the licensee elected, in the licence application, that subsection 6 (3) of the Act was to apply to the licence.
Note 1 The effect of an election that subsection 6 (3) of the Act is to apply to a licence is that the amount of tax for the licence is to be paid in instalments due on the issue of the licence and each anniversary of the day the licence came into force occurring during the period the licence is in force.
Note 2 The amount worked out using Table 104 may be rounded in accordance with item 102.
Table 104
Step 1
Find the relevant annual amount using Schedule 2.
Step 2
If tax is being imposed on the last anniversary of the day on which the licence came into force:
(a) multiply its annual amount by the number of days in the period starting on the last anniversary and ending at the end of the licence period; and
(b) divide the result by 365.
Step 3
If the amount worked out in step 1 or 2 is less than $29.39, increase the amount to $29.39.
Step 4
Add up the amounts worked out for each spectrum access (if necessary).
If the licence is to be issued to an eligible person, multiply the result by 0.285.
105 Payment of remaining instalments
If:
(a) a licence was issued for a period of more than 12 months; and
(b) the licensee elects, under subsection 6 (5) of the Act, that the subsection is to apply to the licence;
use Table 105 to work out tax in respect of the next anniversary of the day the licence came into force after the election is made.
Note The effect of an election that subsection 6 (5) of the Act is to apply to a licence is that all unpaid instalments of tax for the licence are to be paid in 1 payment.
If subsection 6 (6) of the Act applies to a licence, use this table to work out tax in respect of the holding of the licence on the day after the end of the 60 day period mentioned in that subsection.
Note 1 The effect of subsection 6 (6) of the Act is that all unpaid instalments of tax are required to be paid in 1 payment because of a failure by the licensee to pay an instalment within 60 days after an anniversary of the day the licence came into force.
Note 2 The amount worked out using Table 105 may be rounded in accordance with item 102.
Table 105
Step 1
Find the relevant annual amount using Schedule 2.
Step 2
Multiply the annual amount by the number of days in the period:
(a) starting on the relevant anniversary of the day the licence came into force, and up to which payment of tax has been made; and
(b) ending at the end of the licence period.
Divide the result by 365.
Step 3
If the amount worked out in step 2 is less than $29.39, increase the amount to $29.39.
Step 4
Add up the amounts worked out for each spectrum access (if necessary).
If the licence is to be issued to an eligible person, multiply the result by 0.285.
[29] Schedule 4
renumber as Schedule 3
[30] Dictionary
substitute
Dictionary
(section 1.3)
900 MHz studio to transmitter link station has the meaning given by the Radiocommunications (Interpretation) Determination 2000.
ACA means the Australian Communications Authority.
Act means the Radiocommunications (Transmitter Licence Tax) Act 1983.
aeronautical assigned station has the meaning given by the Radiocommunications (Interpretation) Determination 2000.
aeronautical non-assigned station has the meaning given by the Radiocommunications (Interpretation) Determination 2000.
aircraft assigned station has the meaning given by the Radiocommunications (Interpretation) Determination 2000.
aircraft licence has the meaning given by the Radiocommunications (Interpretation) Determination 2000.
aircraft station has the meaning given by the Regulations.
amateur station has the meaning given by the Regulations.
ambulatory station has the meaning given by the Regulations.
ambulatory system has the meaning given by the Radiocommunications (Interpretation) Determination 2000.
Australian waters means the area:
(a) starting at the low-water mark of a State or Territory; and
(b) extending 200 nautical miles seaward from that mark.
broadcasting licence has the meaning given by the Radiocommunications (Interpretation) Determination 2000.
CBRS repeater station has the meaning given by the Radiocommunications (Interpretation) Determination 2000.
CDMA means Code Division Multiple Access.
datacasting licence has the meaning given by the Radiocommunications (Interpretation) Determination 2000.
earth station has the meaning given by the Radiocommunications (Interpretation) Determination 2000.
effect date, for a licence, means the day when the licence comes into force for subsection 103 (1) or 130 (4) of the Radiocommunications Act 1992.
eligible person means:
(a) for the issue of a licence authorising the licensee to operate a narrowcasting service station — a person who proposes to operate the narrowcasting service station solely to provide open narrowcasting television services for community and educational non-profit purposes under the class licence for open narrowcasting television services determined by the Australian Broadcasting Authority under paragraph 117 (e) of the Broadcasting Services Act 1992; and
(b) in any case — the Royal Flying Doctor Service of Australia.
fixed earth station means an earth station that is operating in the fixed-satellite service.
fixed licence has the meaning given by the Radiocommunications (Interpretation) Determination 2000.
geostationary satellite has the meaning given by the Radio Regulations.
HF Domestic Service station has the meaning given by the Radiocommunications (Interpretation) Determination 2000.
HF Overseas (IBL) Service station has the meaning given by the Radiocommunications (Interpretation) Determination 2000.
HF Overseas Service station has the meaning given by the Radiocommunications (Interpretation) Determination 2000.
Issue of Broadcasting (Narrowcasting) Transmitter Licences Determination No. 1 of 1996 means the Radiocommunications (Issue of Broadcasting (Narrowcasting) Transmitter Licences) Determination No. 1 of 1996 made under subsection 106 (1) of the Radiocommunications Act 1992.
land mobile licence has the meaning given by the Radiocommunications (Interpretation) Determination 2000.
land mobile system has the meaning given by the Radiocommunications (Interpretation) Determination 2000.
land mobile system (cellular configuration) means:
(a) a land mobile licence authorising the licensee to operate a land mobile system in a cellular configuration; and
(b) a system in which a spectrum access exists for each authorisation of the operation of a group of land stations that involves a combination of:
(i) a particular transmit frequency; and
(ii) a particular bandwidth; and
(iii) a geographical area (a circle with a radius of 40 kilometres from a specified site).
licence means a transmitter licence.
licence period, for a licence, means the period starting on the licence’s effect date and ending at the end of the day when the licence ceases to be in force.
limited coast assigned system has the meaning given by the Radiocommunications (Interpretation) Determination 2000.
limited coast marine rescue station has the meaning given by the Regulations.
limited coast non-assigned station has the meaning given by the Radiocommunications (Interpretation) Determination 2000.
low power spectrum access means a spectrum access that:
(a) is authorised under a licence mentioned in any of the following provisions of Schedule 2:
(i) item 201 (except paragraphs 201 (1) (u) and (v));
(ii) paragraph 301 (a);
(iii) paragraph 301 (b);
(iv) paragraph 301 (d);
(v) paragraph 301 (e);
(vi) paragraph 301 (f);
(vii) paragraph 501 (b); and
(b) permits the operation of 1 or more devices:
(i) each with a radiated power level of not more than 8.3 watts EIRP; and
(ii) within a service designed or intended for communications within an area the radius of which is not more than 2 kilometres from the centre of operations.
Note 1 Local terrain clutter may reduce the practicably achievable range to substantially less than the 2 kilometre radius.
Note 2 Frequency reuse distances applicable to low power spectrum accesses are of such a kind that ranges will ultimately, by inference, be limited to a maximum of approximately 2 kilometres.
major coast A station has the meaning given by the Radiocommunications (Interpretation) Determination 2000.
major coast B station has the meaning given by the Radiocommunications (Interpretation) Determination 2000.
maritime ship licence has the meaning given by the Radiocommunications (Interpretation) Determination 2000.
maritime ship station has the meaning given by the Regulations.
mobile earth station has the meaning given by the Radiocommunications (Interpretation) Determination 2000.
narrowband area service station has the meaning given by the Radiocommunications (Interpretation) Determination 2000.
narrowcasting service station has the meaning given by the Radiocommunications (Interpretation) Determination 2000.
NAS Licences Determination No. 1 of 1994 means the Radiocommunications (Allocation of Narrowband Area Station Licences) Determination No. 1 of 1994 made under subsection 106 (1) of the Radiocommunications Act 1992.
non-geostationary orbit satellite system means a satellite system that is not comprised of geostationary satellites.
open narrowcasting service has the meaning given by the Broadcasting Services Act 1992.
outpost assigned station has the meaning given by the Radiocommunications (Interpretation) Determination 2000.
outpost non-assigned station has the meaning given by the Radiocommunications (Interpretation) Determination 2000.
PABX cordless telephone service has the meaning given by the Radiocommunications (Interpretation) Determination 2000.
paging system has the meaning given by the Radiocommunications (Interpretation) Determination 2000.
PMTS Class A has the meaning given by the Radiocommunications (Interpretation) Determination 2000.
PMTS Class B has the meaning given by the Radiocommunications (Interpretation) Determination 2000.
point to multipoint station has the meaning given by the Radiocommunications (Interpretation) Determination 2000.
point to multipoint station (land mobile spectrum) means a fixed licence:
(a) that:
(i) is issued under section 100 of the Radiocommunications Act 1992 on or after 15 November 2002; or
(ii) was issued under section 100 of that Act on or after 15 November 2002, and is being renewed under section 130 of that Act; and
(b) that authorises the licensee to provide services within the frequency range 403 MHz to 420 MHz or 450 MHz to 520 MHz, other than 1 or more of the following frequency bands:
(i) 451.5125 MHz to 452.5 MHz;
(ii) 461.0125 MHz to 462 MHz;
(iii) 500.99375 MHz to 504.99375 MHz;
(iv) 510.99375 MHz to 514.99375 MHz.
point to multipoint system means:
(a) a fixed licence authorising the licensee to operate an unlimited number of point to multipoint stations located anywhere within the areas specified in the licence; and
(b) where a spectrum access exists for each authorisation of the operation of a group of point to multipoint stations that involves a unique combination of:
(i) a particular transmit frequency; and
(ii) a particular bandwidth; and
(iii) a particular geographical area (a circle with a radius of a specified number of kilometres from a specified site).
point to point (5.8 GHz band) station has the meaning given by the Radiocommunications (Interpretation) Determination 2000.
point to point (58 GHz band) station has the meaning given by the Radiocommunications (Interpretation) Determination 2000.
point to point station has the meaning given by the Radiocommunications (Interpretation) Determination 2000.
radiodetermination station has the meaning given by the Radiocommunications (Interpretation) Determination 2000.
Regulations means the Radiocommunications Regulations 1993.
remote station includes a station referred to on a licence as a remote control station.
scientific assigned station has the meaning given by the Radiocommunications (Interpretation) Determination 2000.
scientific non-assigned station has the meaning given by the Radiocommunications (Interpretation) Determination 2000.
ship station Class B assigned has the meaning given by the Radiocommunications (Interpretation) Determination 2000.
ship station Class B non-assigned has the meaning given by the Radiocommunications (Interpretation) Determination 2000.
ship station Class C assigned has the meaning given by the Radiocommunications (Interpretation) Determination 2000.
ship station Class C non-assigned has the meaning given by the Radiocommunications (Interpretation) Determination 2000.
sound outside broadcast station has the meaning given by the Radiocommunications (Interpretation) Determination 2000.
space licence has the meaning given by the Radiocommunications (Interpretation) Determination 2000.
space station has the meaning given by the Regulations.
spectrum access means access to the spectrum that is authorised for the operation of 1 or more radiocommunications devices that involves a unique combination of:
(a) a particular transmit frequency; and
(b) a particular bandwidth; and
(c) a particular site or access area.
station has the meaning given by the Regulations.
television outside broadcast network has the meaning given by the Radiocommunications (Interpretation) Determination 2000.
television outside broadcast station has the meaning given by the Radiocommunications (Interpretation) Determination 2000.
television outside broadcast system has the meaning given by the Radiocommunications (Interpretation) Determination 2000.
temporary fixed link station means a station:
(a) that is operated under a fixed licence; and
(b) that is operated anywhere in Australia for a period of not more than 14 days; and
(c) that is operated on a frequency or frequencies in the range:
(i) 12.75 GHz to 13.25 GHz; or
(ii) 14.5 GHz to 15.35 GHz; or
(iii) 21.2 GHz to 23.6 GHz; and
(d) for which the ACA, or a person accredited under section 263 of the Radiocommunications Act 1992, undertakes coordination procedures for the purpose of minimising interference.
