Radiocommunications (Receiver Licence Tax) Determination 2025 (Cth)

Radiocommunications (Receiver Licence Tax) Determination 2025

The Australian Communications and Media Authority makes the following determination under subsection 7(1) of the Radiocommunications (Receiver Licence Tax) Act 1983.

Dated: 30 January 2025 Adam Suckling [signed] Member

Michael Brealey [signed] General Manager

Australian Communications and Media Authority

Part 1—Preliminary

1 Name This instrument is the Radiocommunications (Receiver Licence Tax) Determination 2025.

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 is available, free of charge, at www.legislation.gov.au.

3 Authority This instrument is made under subsection 7(1) of the Act.

4 Repeal of the Radiocommunications (Receiver Licence Tax) Determination 2015 The Radiocommunications (Receiver Licence Tax) Determination 2015 (F2015L00321) is repealed.

5 Interpretation (1) In this instrument: ACMA means the Australian Communications and Media Authority. Act means the Radiocommunications (Receiver Licence Tax) Act 1983. Note: Section 3 of the Act provides that the Radiocommunications Taxes Collection Act 1983 is incorporated and shall be read as one with the Act. ASMG means the Australian Spectrum Map Grid 2012, published by the ACMA on its website. Note: The ASMG is available, free of charge, on the ACMA's website at www.acma.gov.au. Australia has the same meaning as in the Radiocommunications Act 1992. Note: The ACMA maintains a map of what constitutes Australia under the Radiocommunications Act 1992. The map is available, free of charge, on the ACMA's website at www.acma.gov.au. It is located with the Register of Radiocommunications Licences on that website. Australian Map Grid means the map projection based on the Australian geodetic datum defined in Gazette No. 84 of 6 October 1966 at page 4984. Note 1: Gazette No. 84 is available, free of charge, from the Federal Register of Legislation at www.legislation.gov.au. The Australian geodetic datum defined in that Gazette is known as AGD66. Note 2: For more information about the Australian Map Grid, see the website of the Intergovernmental Committee on Surveying and Mapping at www.icsm.gov.au. Australian waters means the offshore areas in respect of the States and Territories. base station means a station established at a fixed location specified in a licence. CDMA technology means radiocommunications technology that uses code-division multiple access. density type for a spectrum access: see Schedule 3. eligible person: see subsection (2). HCIS block means: (a) a Level 1 HCIS block; or (b) a grouping of Level 1 HCIS blocks, identified by a unique HCIS identifier. Note: In the ASMG, HCIS blocks are identified by the terms HCIS Levels 1, 2, 3 and 4. HCIS cell means a division of a Level 1 HCIS block, identified by a unique HCIS identifier. Note: In the ASMG, HCIS cells are identified by the terms HCIS Levels 0 and 00. HCIS identifier means an identifier used in the ASMG to identify a geographic area consisting of an HCIS block or an HCIS cell. Level 1 HCIS block means a five minute of arc square cell in the ASMG, identified by a unique HCIS identifier. Note: In the ASMG, Level 1 HCIS blocks are identified by the term HCIS Level 1. Level 2 HCIS block means an HCIS block that is identified as a Level 2 block in the ASMG. Note: In the ASMG, a Level 2 HCIS block is made up of 9 Level 1 HCIS blocks, in a 3 x 3 square. licence means a receiver licence. licence period, for a licence, means the period: (a) commencing when the licence comes into force, or is taken to have come into force; and (b) ending at the end of the period specified in the licence for the purpose of subsection 103(2) of the Radiocommunications Act 1992. Note: A licence may cease to be in force before the end of the licence period if it surrendered or cancelled under the Radiocommunications Act 1992. For the purposes of this instrument, it is irrelevant whether a licence is, or may be, surrendered or cancelled before the end of its licence period. minimum annual amount means $42.88. offshore area has the same meaning as in section 17 of the Radiocommunications Act 1992. Part 1 licence: see sub-item 1(2) of Schedule 1. Part 2 licence: see item 4 of Schedule 1. Part 3 licence: see sub-item 7(2) of Schedule 1. Part 4 licence: see item 13 of Schedule 1. population of an HCIS block means the most recent population for the HCIS block listed in the document that sets out population data for areas in HCIS blocks and HCIS cells that is part of the set of documents entitled Hierarchical Cell Identification Scheme (HCIS) – List of Population Data, published by the ACMA on its website. Note 1: The set of documents entitled Hierarchical Cell Identification Scheme (HCIS) – List of Population Data is available, free of charge, on the ACMA's website at www.acma.gov.au. Note 2: In accordance with section 6, the set of documents entitled Hierarchical Cell Identification Scheme (HCIS) – List of Population Data was incorporated as existing at the time this instrument commenced. At that time, the set of documents was based on population data reported in the 2021 Census of Population and Housing. population of an HCIS cell means the most recent population for the HCIS cell listed in the document that sets out population data for areas in HCIS blocks and HCIS cells that is part of the set of documents entitled Hierarchical Cell Identification Scheme (HCIS) – List of Population Data, published by the ACMA on its website. Note 1: The set of documents entitled Hierarchical Cell Identification Scheme (HCIS) – List of Population Data is available, free of charge, on the ACMA's website at www.acma.gov.au. Note 2: In accordance with section 6, the set of documents entitled Hierarchical Cell Identification Scheme (HCIS) – List of Population Data was incorporated as existing at the time this instrument commenced. At that time, the set of documents was based on population data reported in the 2021 Census of Population and Housing. remote station means a station that is used, or intended to be used, to receive communications from: (a) a base station; or (b) a supplementary station. set amount licence: see sub-item 1(2) of Schedule 2. spectrum access: see subsection (3). spectrum access licence: see sub-item 1(1) of Schedule 2. start day, for a licence, means the first day of the licence period for the licence. supplementary station means a fixed station that is used, or intended to be used: (a) to overcome deficiencies within the coverage area of a base station; and (b) to receive communications from one or more remote stations. Note 1: The expression tax is defined in the Act. Note 2: A number of other expressions used in this instrument may be defined in a determination made under section 64 of the Australian Communications and Media Authority Act 2005. Any such determination is available, free of charge, from the Federal Register of Legislation at www.legislation.gov.au. At the time this instrument was made, the following expressions were defined in such a determination: (a) area-wide receive licence; (b) defence receive licence; (c) earth receive licence; (d) earth receive station; (e) earth station; (f) fixed receive licence; (g) major coast receive licence; (h) space receive licence. (2) Each of the following is an eligible person: (a) any of the following bodies corporate (whether or not it changes its name after the commencement of this instrument): (i) the Royal Flying Doctor Service of Australia (ACN 004 213 067); (ii) the Royal Flying Doctor Service of Australia Central Operations (ACN 141 354 734); (iii) the Royal Flying Doctor Service of Australia (Queensland Section) (ACN 009 663 478); (iv) the Royal Flying Doctor Service of Australia (South Eastern Section) (ACN 000 032 422); (v) the Royal Flying Doctor Service Tasmania Ltd (ACN 617 680 896); (vi) the Royal Flying Doctor Service of Australia (Victorian Section) (ACN 004 196 230); (vii) the Royal Flying Doctor Service of Australia (Western Operations) (ACN 067 077 696); (b) if one of the bodies corporate specified in paragraph (a) stops performing any of its functions – a body corporate responsible for performing the same, or substantially the same, functions. (3) In this instrument, for a licence, a spectrum access is a combination of: (a) either: (i) a particular frequency band; or (ii) a particular frequency and a particular bandwidth; and (b) either: (i) a particular location; or (ii) a particular area; within which operation of one or more radiocommunications receivers is authorised by the licence. Note 1: There may be more than one spectrum access for a licence. Note 2: The spectrum accesses for a licence may be worked out by looking at the conditions of the licence that relate to the frequencies on which each radiocommunications receiver may be operated, and the corresponding geographic areas within which, or locations from which, each receiver may be operated. The corresponding geographic area may be the whole of Australia. (4) In this instrument, unless the contrary intention appears, a reference to a station is taken to be a reference to each radiocommunications receiver that forms part of the station. Note: A station is an installation or thing that is, or includes, one or more radiocommunications transmitters, one or more radiocommunications receivers, or both one or more radiocommunications transmitters and one or more radiocommunications receivers. The Act imposes tax only in relation to receiver licences, so this instrument is primarily concerned with receiver licences and radiocommunications receivers. However, the manner for calculating the amount of tax in relation to some receiver licences may depend on specified radiocommunications transmitters. (5) Unless the contrary intention appears, terms used in this instrument that are defined in the Radiocommunications Act 1992 have the same meaning as in that Act. Note: This instrument defines licence in a different manner than the Radiocommunications Act 1992. (6) In this instrument, unless the contrary intention appears, a reference to a part of the spectrum or a frequency band includes all the frequencies that are greater than but not including the lower frequency, up to and including the higher frequency.