Radiocommunications (Transmitter Licence Tax) Act 1983

This Act may be cited as the Radiocommunications (Transmitter Licence Tax) Act 1983.

This Act shall come into operation on the date fixed for the purposes of subsection 2(1) of the Radiocommunications Act 1983.

The Radiocommunications Taxes Collection Act 1983 is incorporated and shall be read as one with this Act.

In this Act, tax means the tax imposed by this Act.

For the purposes of this Act, the question whether a transmitter licence is associated with a commercial broadcasting licence is to be determined in the same manner as that question is determined for the purposes of the Commercial Broadcasting (Tax) Act 2017.

Part 1.4 of the Radiocommunications Act 1992 applies to this Act in the same way that it applies to that Act.

Licences not exceeding 12 months

Tax is imposed on the issue of a transmitter licence that is issued for a period not exceeding 12 months. This subsection has effect subject to subsection (1A).

Subsection (1) does not impose a tax on the issue of a transmitter licence if:

the transmitter licence is issued on or after 1 July 2017; and

the transmitter licence is associated with a commercial broadcasting licence.

Licences of more than 12 months where there is an application

If:

an application is made for a transmitter licence for a period exceeding 12 months; and

when the application is made, the licence is covered by a determination under subsection (1C);

tax is imposed on the issue of the licence for the period the licence is in force.

The ACMA may, by legislative instrument, determine one or more classes of transmitter licence for the purposes of subsection (1B).

Note: See also subsection (1F).

If:

an application is made for a transmitter licence for a period exceeding 12 months; and

when the application is made, the licence is covered by a determination under subsection (1E);

tax is imposed 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.

The ACMA may, by legislative instrument, determine one or more classes of transmitter licence for the purposes of subsection (1D).

Note: See also subsection (1F).

A determination under subsection (1C) or (1E) must not cover a transmitter licence that is associated with a commercial broadcasting licence.

Subject to subsection (2A), if:

a person applying for a transmitter licence for a period of more than 12 months has made an election under subsection (4) that this subsection apply; and

a licence for such a period is issued to the person;

tax is imposed on the issue of the licence for the period the licence is in force.

Subsection (2) does not impose a tax on the issue of a transmitter licence if:

the transmitter licence is issued on or after 1 July 2017; and

the transmitter licence is associated with a commercial broadcasting licence.

Subject to subsections (3A), (3B), (5) and (6), if:

a person applying for a transmitter licence for a period of more than 12 months has made an election under subsection (4) that this subsection apply; and

a licence for such a period is issued to the person;

tax is imposed 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.

Subsection (3) does not impose a tax on the issue of a transmitter licence if:

the transmitter licence is issued on or after 1 July 2017; and

the transmitter licence is associated with a commercial broadcasting licence.

Subsection (3) does not impose a tax on a particular anniversary of the day a transmitter licence came into force if:

the anniversary occurs on or after 1 July 2017; and

the transmitter licence is associated with a commercial broadcasting licence.

If:

a person applies for a transmitter licence for a period exceeding 12 months; and

when the application is made, the licence is not covered by a determination under subsection (1C) or (1E);

the person must elect, in the application for the licence, that either subsection (2) or (3) is to apply in respect of the licence.

Subsection (4) does not apply in relation to the issue of a transmitter licence if:

the transmitter licence is issued on or after 1 July 2017; and

the transmitter licence is associated with a commercial broadcasting licence.

Subject to subsection (5A), if the holder of a transmitter licence:

at the time when the person applied for the licence, elects that subsection (3) apply; and

subsequently notifies the ACMA, in writing, at least 21 days before the next anniversary of the day the licence came into force that is more than 12 months before the end of the period that the licence is in force, that this subsection is to apply;

subsection (3) ceases to apply to the licence and tax is imposed on the holding of the licence on that anniversary.

Subsection (5) does not impose a tax on the holding of a transmitter licence on a particular anniversary of the day the transmitter licence came into force if:

the anniversary occurs on or after 1 July 2017; and

the transmitter licence is associated with a commercial broadcasting licence.

Subject to subsection (6A), if the holder of a transmitter licence:

has elected that subsection (3) apply; and

has failed to pay tax imposed on an anniversary of the day the licence came into force within 60 days after that anniversary (the 60 day period);

subsection (3) ceases to apply the day after the end of the 60 day period and tax is imposed on the holding of the licence on that day.

Subsection (6) does not apply to a particular anniversary of the day a transmitter licence came into force if:

the anniversary occurs on or after 1 July 2017; and

the transmitter licence is associated with a commercial broadcasting licence.

Licences of more than 12 months where there is no application

Subject to subsection (7A), if:

a person is issued a transmitter licence for a period of more than 12 months under section 100B, 102 or 102A of the Radiocommunications Act 1992; and

before the licence is issued, the person makes an election under subsection (9) that this subsection is to apply;

tax is imposed on the issue of the licence for the period the licence is in force.

Subsection (7) does not impose a tax on the issue of a transmitter licence if:

the transmitter licence is issued on or after 1 July 2017; and

the transmitter licence is associated with a commercial broadcasting licence.

Subject to subsections (8A), (8B), (11) and (12), if:

a person is issued a transmitter licence for a period of more than 12 months under section 100B, 102 or 102A of the Radiocommunications Act 1992; and

before the licence is issued, the person makes an election under subsection (9) that this subsection is to apply;

tax is imposed 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.

Subsection (8) does not impose a tax on the issue of a transmitter licence if:

the transmitter licence is issued on or after 1 July 2017; and

the transmitter licence is associated with a commercial broadcasting licence.

Subsection (8) does not impose a tax on a particular anniversary of the day a transmitter licence came into force if:

the anniversary occurs on or after 1 July 2017; and

the transmitter licence is associated with a commercial broadcasting licence.

Before a person is issued a transmitter licence under section 100B, 102 or 102A of the Radiocommunications Act 1992 for a period exceeding 12 months, the person must elect, in the form approved in writing by the ACMA, that either subsection (7) or (8) is to apply in respect of the transmitter licence.

However, for the purposes of this section, if the person does not make an election under subsection (9) before the transmitter licence is issued, the person is taken to have elected, before the licence is issued, that subsection (8) is to apply in respect of the licence.

Subsections (9) and (10) do not apply in relation to the issue of a transmitter licence if:

the transmitter licence is issued on or after 1 July 2017; and

the transmitter licence is associated with a commercial broadcasting licence.

Subject to subsection (11A), if the holder of a transmitter licence:

before the licence is issued, elects that subsection (8) is to apply; and

subsequently notifies the ACMA, in writing, at least 21 days before the next anniversary of the day the licence came into force that is more than 12 months before the end of the period that the licence is in force, that this subsection is to apply;

subsection (8) ceases to apply to the licence and tax is imposed on the holding of the licence on that anniversary.

Subsection (11) does not impose a tax on the holding of a transmitter licence on a particular anniversary of the day the transmitter licence came into force if:

the anniversary occurs on or after 1 July 2017; and

the transmitter licence is associated with a commercial broadcasting licence.

Subject to subsection (13), if the holder of a transmitter licence:

before the licence is issued, elects that subsection (8) is to apply; and

fails to pay tax imposed on an anniversary of the day the licence came into force within 60 days after that anniversary (the 60 day period);

subsection (8) ceases to apply the day after the end of the 60 day period and tax is imposed on the holding of the licence on that day.

Subsection (12) does not apply to a particular anniversary of the day a transmitter licence came into force if:

the anniversary occurs on or after 1 July 2017; and

the transmitter licence is associated with a commercial broadcasting licence.

The amount of tax in respect of the issue of a transmitter licence, the anniversary of a transmitter licence coming into force or the holding of a transmitter licence is the amount determined by the ACMA.

A determination may, among other things, provide for amounts of tax in relation to:

specified periods; or

specified classes of licences; or

specified classes of persons.

In making a determination, the ACMA is to take into account such matters as are specified in the regulations.

A determination is a legislative instrument.

The Governor‑General may make regulations for the purposes of section 7.