Radiocommunications (Spectrum Licence Tax) Determination 1999

Transcription

1 (Spectrum Licence Tax) as amended made under subsections 4 (1) and 7 (1) of the Act 1997 This compilation was prepared on 22 August 2012 taking into account amendments up to Amendment Determination 2012 (No. 1) Prepared by the Office of Legislative Drafting and Publishing, Attorney-General s Department, Canberra

2 Contents Page Contents 1 Name of Determination [see Note 1] 3 2 Commencement 3 3 Initial holding date (Act s 4) 3 4 Working out spectrum licence tax (Act s 7) 3 Schedule 1 Working out spectrum licence tax 4 Part 1 Base amounts 4 Part 2 Method statement 5 Part 3 Definitions 5 Notes 6 2

3 Section 4 1 Name of Determination [see Note 1] This Determination is the. 2 Commencement This Determination commences on 11 October Initial holding date (Act s 4) (1) For a spectrum licence in force on 11 October 1999, that day is the initial holding date for the licence. (2) For a spectrum licence that comes into force on 11 October in a year after 1999, that day is the initial holding date for the licence. (3) For any other spectrum licence, the initial holding date for the licence is the first 11 October that happens after the licence comes into force. 4 Working out spectrum licence tax (Act s 7) The amount of tax on a spectrum licence is worked out using Schedule 1. 3

4 Schedule 1 Part 1 Working out spectrum licence tax Base amounts Schedule 1 Working out spectrum licence tax (section 4) Part 1 Base amounts The base amount for the frequency range mentioned in an item in Table 1 is the base amount specified in the item in relation to the frequency range. Table 1 Item Frequency range Total specified spectrum Base amount ($) MHz 40 MHz 20, MHz MHz 90 MHz 45, MHz MHz 60 MHz 30, MHz MHz 155 MHz 78, MHz MHz MHz 100 MHz 50, MHz GHz MHz 188, GHz MHz 48, GHz Note 1 Each frequency range in Table 1 comprises 1 or more of the following: (a) spectrum designated in a written notice under s 36 of the Act 1992 to be allocated by issuing spectrum licences with respect to a particular area; (b) spectrum specified in a spectrum re-allocation declaration made by the Minister under subs 153B (1) of the Act 1992; (c) spectrum being considered for specification in a spectrum re-allocation declaration made under subs 153B (1) of the Act Note 2 The base amount for a frequency range mentioned in an item in Table 1 will generally, but not always, be equal to the SMC component of the annual amount of tax payable for spectrum access relating to an Australia-wide transmitter licence involving: (a) spectrum within the lower and upper limits of the frequency range; and (b) a bandwidth equal to the total amount of spectrum in the frequency range. Transmitter licence tax has 2 components: a spectrum access tax (SAT) and a spectrum maintenance charge (SMC). Each is a percentage of the total amount of transmitter licence tax. 4

5 Working out spectrum licence tax Schedule 1 Definitions Part 3 Part 2 Method statement Step 1A Step 1A is to be used when working out spectrum licence tax for the initial holding date for the licence, and for each anniversary of the initial holding date except the last anniversary. For each relevant frequency range in relation to a licence, take the base amount for that frequency range and multiply it by: area population Australian population SL bandwidth total specified spectrum Step 1B Step 1B is to be used only when working out spectrum licence tax for the last anniversary of the initial holding date for the licence. For each relevant frequency range in relation to the licence, take the base amount for that frequency range and multiply it by: area population SL bandwidth days Australian population total specified spectrum 365 Step 2 Step 3 Part 3 Add together the amounts worked out in step 1A or 1B for each relevant frequency range and round the result to the nearest dollar (an amount ending in 50 cents is to be rounded up). The amount of spectrum licence tax payable for the spectrum licence is the greater of: (a) the amount worked out in step 2; and (b) $7. Definitions area population, for a spectrum licence, means the population of the area covered by the spectrum licence, as reported in the 2011 census. Australian population means the population of Australia, as reported in the 2011 census. days, for step 1B, means the number of days in the period: (a) starting on the last anniversary of the initial holding date for a spectrum licence; and (b) ending when the licence ends. relevant frequency range, for a spectrum licence, means a frequency range mentioned in an item in Table 1 which includes some or all of the spectrum covered by the licence. SL bandwidth, for a relevant frequency range in relation to a spectrum licence, means the actual amount of the spectrum covered by the spectrum licence falling within that range. total specified spectrum, for a frequency range mentioned in an item in Table 1, means the amount of spectrum specified in that way in the item. 5

6 Notes to the Table of Instruments Notes to the (Spectrum Licence Tax) Note 1 The (in force under subsections 4 (1) and 7 (1) of the (Spectrum Licence Tax) Act 1997) as shown in this compilation is amended as indicated in the Tables below. Table of Instruments Title Date of notification in Gazette or FRLI registration Date of commencement Application, saving or transitional provisions Amendment Determination 2000 (No. 1) Amendment Determination 2004 (No. 1) Amendment Determination 2012 (No. 1) 1 Sept 1999 (see Gazette 1999, No. GN35) 21 June 2000 (see Gazette 2000, No. GN24) 15 Sept 2004 (see Gazette 2004, No. S388) 21 Aug 2012 (see F2012L01721) 11 Oct July Sept Aug

7 Notes to the Table of Amendments Table of Amendments ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted Provision affected How affected Schedule 1 Schedule 1 am No. 1; 2004 No. 1; 2012 No. 1 7