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This is a Bill, not an Act. For current law, see the Acts databases.
1998-99
The Parliament of
the
Commonwealth of
Australia
HOUSE OF
REPRESENTATIVES
Presented and read a first
time
Radiocommunications
Legislation Amendment Bill 1999
No. ,
1999
(Communications, Information Technology and the
Arts)
A Bill for an Act to amend the law
relating to radiocommunications, and for related purposes
ISBN: 0642 389500
Contents
Part 1—Amendment of Part 5.5 of the Radiocommunications Act
1992 3
Part 2—Other amendments of the Radiocommunications Act
1992 4
Part 3—Consequential
amendments 8
Development Allowance Authority Act
1992 8
Income Tax Assessment Act
1936 8
Radiocommunications Act
1992 9
Radiocommunications Taxes Collection Act
1983 16
A Bill for an Act to amend the law relating to
radiocommunications, and for related purposes
The Parliament of Australia enacts:
This Act may be cited as the Radiocommunications Legislation Amendment
Act 1999.
This Act commences 28 days after the day on which it receives the Royal
Assent.
Each Act that is specified in a Schedule to this Act is amended or
repealed as set out in the applicable items in the Schedule concerned, and any
other item in a Schedule to this Act has effect according to its
terms.
Part
1—Amendment of Part 5.5 of
the Radiocommunications Act 1992
1 Multiple amendments
The following provisions are amended by omitting “vessel,
aircraft” (wherever occurring) and substituting “vessel, aircraft,
space object”.
2 Subsection 269(1)
3 Subsection 272(1)
4 Subsection 272(2)
5 Subsection 272(3)
6 Paragraph 275(2)(a)
7 Paragraph 275(2)(c)
8 Subsection 275(3)
9 Paragraph 277(1)(a)
10 Paragraph 277(1)(b)
11 Paragraph 277(1)(d)
12 Subsection 277(3)
13 Paragraph 283(b)
14 Paragraph 283(c)
15 Paragraph 283(d)
Part
2—Other amendments of the
Radiocommunications Act 1992
16 Section 5 (definition of Australian
satellite)
Repeal the definition.
17 Section 5
Insert:
Australian space object means a space object that the ACA
determines in writing to be an Australian space object for the purposes of this
Act. A determination is a disallowable instrument for the purposes of section
46A of the Acts Interpretation Act 1901.
18 Section 5
Insert:
foreign space object means a space object that is not an
Australian space object.
19 Section 5 (definition of member of the
crew)
Omit “aircraft or vessel” (wherever occurring), substitute
“vessel, aircraft or space object”.
20 Section 5
Insert:
space object means an object (whether artificial or natural)
that is beyond, has been beyond or is intended to go beyond the major portion of
the Earth’s atmosphere, or any part of such an object, even if the part is
intended to go only some of the way towards leaving the major portion of the
Earth’s atmosphere.
Note: Under section 10A, the ACA may determine that a
particular object is not a space object for the purposes of this
Act.
21 Paragraphs 7(1)(a) and
(b)
Omit “the regulations”, substitute “a written
determination made by the ACA for the purposes of this
paragraph”.
22 At the end of section 7
Add:
(5) A determination by the ACA under this section is a disallowable
instrument for the purposes of section 46A of the Acts Interpretation Act
1901.
23 After section 10
Insert:
(1) Despite the definition of space object in section 5, the
ACA may make a written determination that a particular object is not a
space object for the purposes of this Act.
Note: Under subsection 33(3A) of the Acts Interpretation
Act 1901, objects may be specified by reference to a particular class or
classes of objects.
(2) A determination under this section is a disallowable instrument for
the purposes of section 46A of the Acts Interpretation Act
1901.
24 Subparagraph 16(1)(a)(i)
Omit “or foreign aircraft”, substitute “, foreign
aircraft or foreign space object”.
25 Paragraph 16(1)(b)
Omit “and Australian vessels”, substitute “, Australian
vessels and Australian space objects”.
26 Paragraph 16(1)(c)
Omit “satellites”, substitute “space
objects”.
27 After paragraph 16(1)(c)
Insert:
(ca) foreign space objects, in the circumstances specified in a written
determination by the ACA; and
28 At the end of section 16
Add:
(4) A determination under paragraph 16(1)(ca) is a disallowable instrument
for the purposes of section 46A of the Acts Interpretation Act
1901.
29 Subsection 23(1)
Omit “space satellites that are not Australian satellites”,
substitute “foreign space objects, except in accordance with a
determination by the ACA under paragraph 16(1)(ca)”.
Note: The heading to section 23 is altered by omitting
“satellites” and substituting “space
objects”.
30 At the end of section 23
Add:
(5) However, nothing in this section limits section 195 or Part
5.5.
31 Paragraph 49(1)(a), subparagraph 108(3)(c)(i)
and paragraph 172(a)
Omit “vessel or aircraft”, substitute “vessel, aircraft
or space object”.
32 Section 192
Omit “aircraft or vessel”, substitute “vessel, aircraft
or space object”.
Note: The heading to section 192 is altered by omitting
“aircraft or vessels” and substituting “vessels,
aircraft or space objects”.
33 Subsection 195(1)
Omit “foreign vessel or foreign aircraft”, substitute
“foreign vessel, foreign aircraft or foreign space
object”.
Note: The heading to section 195 is altered by omitting
“vessel or aircraft” and substituting “vessel,
aircraft or space object”.
34 Paragraphs 196(1)(a) and
227(2)(a)
Omit “vessel or aircraft”, substitute “vessel, aircraft
or space object”.
Part
3—Consequential
amendments
Development
Allowance Authority Act 1992
35 Section 6 (definition of Australian
satellite)
Repeal the definition.
36 Section 6
Insert:
Australian space object has the same meaning as in the
Radiocommunications Act 1992.
37 Section 12
Omit “satellite”, substitute “space
object”.
Note: The heading to section 12 is amended by omitting
“satellites” and substituting “space
objects”.
Income
Tax Assessment Act 1936
38 Subsection 82AQ(1) (definition of
Australian satellite)
Repeal the definition.
39 Subsection 82AQ(1)
Insert:
Australian space object has the same meaning as in the
Radiocommunications Act 1992.
40 Subsection 82AQ(4)
Omit “satellite”, substitute “space
object”.
1 At the end of subsection
7(2)
Add:
; or (c) anything (whether artificial or natural) that is designed or
intended for use for the purpose of radiocommunication by means of the
reflection of radio emissions and that the ACA determines in writing to be a
radiocommunications transmitter for the purposes of this
Act.
2 At the end of subsection
7(3)
Add:
; or (c) anything (whether artificial or natural) that is designed or
intended for use for the purpose of radiocommunication by means of the
reflection of radio emissions and that the ACA determines in writing to be a
radiocommunications receiver for the purposes of this
Act.
3 At the end of section 31
Add:
(2) If a subsection (1) designation is in force in relation to a
particular part of the spectrum, the ACA and the ABA may make a written
agreement allowing licences, or specified kinds of licences, to be issued in
specified circumstances in relation to that part of the spectrum or to a
specified part or parts of that part of the spectrum.
(3) The ACA and the ABA may agree in writing to vary or revoke a
subsection (2) agreement.
(4) In addition, the ABA may revoke a subsection (2) agreement if the ABA
considers that the agreement is preventing the ABA from properly performing its
planning functions under the Broadcasting Services Act 1992.
(5) Before revoking the agreement under subsection (4), the ABA must
consult with the ACA and with the holders of any licences that were issued in
accordance with the agreement.
(6) A subsection (2) agreement must not be inconsistent with the spectrum
plan.
(7) If a subsection (2) agreement is made, varied or revoked, the ACA must
publish in the Gazette a notice stating:
(a) that the agreement has been made, varied or revoked; and
(b) the places where copies of the agreement, as made or varied, can be
purchased.
4 Subsection 32(2)
Repeal the subsection, substitute:
(2) However, the ACA may only prepare a frequency band plan in relation to
a frequency band within a part of the spectrum referred to the ABA under
subsection 31(1) if:
(a) the frequency band is within a part of the spectrum that is covered by
an agreement under subsection 31(2); and
(b) the plan is not inconsistent with any frequency allotment plan
prepared under section 25 of the Broadcasting Services Act 1992 that
applies to the frequency band, or to any part of it.
5 Subsection 36(5)
Omit “section 31”, substitute “subsection 31(1), unless
the part of the spectrum that the notice relates to is covered by an agreement
under subsection 31(2)”.
6 After subsection 60(6)
Insert:
(6A) Procedures that impose limits as mentioned in subsection (5) may
impose limits of nil in relation to specified persons or to the members of
specified groups of persons.
7 Subsection 60(8)
Omit “(6) and (7)”, substitute “(6), (6A) and
(7)”.
8 After section 69
Insert:
(1) A spectrum licence must include a condition that, at all times when
the licensee derives income, profits or gains from operating radiocommunications
devices under the licence or from authorising others to do so, either:
(a) the licensee is to be an Australian resident (see subsection (3));
or
(b) the income, profits or gains are to be attributable to a permanent
establishment (see subsection (3)) in Australia through which the licensee
carries on business.
(2) A spectrum licence must include a condition that, at all times when an
authorised person (see subsection (3)) derives income, profits or gains from
allowing third parties to operate radiocommunications devices under the licence,
either:
(a) the authorised person is to be an Australian resident; or
(b) the income, profits or gains are to be attributable to a permanent
establishment in Australia through which the authorised person carries on
business.
(3) In this section:
Australian resident has the same meaning as in the Income
Tax Assessment Act 1997.
authorised person means a person authorised under section 68
by the licensee of a spectrum licence to operate radiocommunications devices
under the licence.
permanent establishment has the same meaning as in:
(a) if the licensee or authorised person (as appropriate) is a resident of
a country or other jurisdiction with which Australia has an agreement, within
the meaning of the International Tax Agreements Act 1953—that
agreement; or
(b) in any other case—the Income Tax Assessment Act
1997.
9 Subsection 71(2)
Omit “sections 67 to 69”, substitute “sections 67 to
69A”.
10 Subsection 100(2)
Repeal the subsection, substitute:
(2) The ACA must not issue an apparatus licence authorising operation of a
radiocommunications transmitter within a part of the spectrum designated under
subsection 31(1) unless:
(a) the issue of the licence is in accordance with a decision of the ABA
under subsection 34(1) of the Broadcasting Services Act 1992;
or
(b) the issue of the licence is in accordance with an agreement made
between the ACA and the ABA under subsection 31(2) of this Act.
11 Subsection 100(4A)
Omit “will not cause an unacceptable level of interference to the
operation of radiocommunications”, substitute “will satisfy any
conditions that are required to be satisfied, in relation to the issue of such a
certificate, under a determination made under section 266A”.
12 Subsection 100(4B)
Repeal the subsection.
13 After section 122
Insert:
(1) The ACA may, by writing, delegate the power to issue a certificate of
proficiency under section 121 to a body or organisation approved by the ACA as
mentioned in paragraph (b) of the definition of approved
examination in subsection 122(2).
(2) However, the delegate is not entitled to make a final decision
refusing to issue a certificate of proficiency. If the delegate decides not to
issue the certificate, the delegate must refer the application to the ACA for a
final decision.
(3) The power conferred on the ACA by subsection (1) is in addition to the
powers conferred by section 238 of this Act and section 49 of the Australian
Communications Authority Act 1997.
14 Subsection 129(1)
Omit “of 6 months before the licence is due to expire”,
substitute “beginning 6 months before the licence is due to expire and
ending 60 days after it expires”.
15 Subsection 130(4)
After “comes into force”, insert “, or is taken to have
come into force,”.
16 Subsection 145(3)
Omit all the words after “under the licence”, substitute
“satisfies any conditions that are required to be satisfied, in relation
to the issue of such a certificate, under a determination made under section
266A.”.
17 After subsection 263(2A)
Insert:
(2B) A condition may relate to matters existing or arising at, before or
after the time when a certificate is issued.
18 After paragraph 264(b)
Insert:
(ba) the person has issued a certificate in breach of any condition
mentioned in subsection 263(2A) (whether relating to matters existing or arising
at, before or after the time when the certificate was issued); or
19 After subsection 266(2)
Insert:
(2A) Qualifications and other requirements provided for in principles
determined as mentioned in paragraph (2)(d) may relate to matters existing or
arising at, before or after the time of accreditation.
20 Paragraph 279(1)(e)
Omit “quality assurance program”.
21 At the end of Part 5.7
Add:
(1) The ACA may, by notice published in the Gazette, determine
that:
(a) a specified body or organisation approved by the ACA as mentioned in
paragraph (b) of the definition of approved examination in
subsection 122(2); or
(b) a specified accreditation body determined under subsection 183(1);
or
(c) a specified approving body determined under subsection
183A(1);
may charge fees for performing its functions under this Act.
(2) Such a fee must not be such as to amount to taxation.
22 Paragraph 314(2)(d)
Omit “paragraph 315(a), (b), (c), (ca) or (d)”, substitute
“the table in subsection 315(1)”.
23 Section 315
Repeal the section, substitute:
(1) The amount of penalty payable to the Commonwealth under regulations
made for the purposes of paragraph 314(2)(d) in respect of an offence is
determined using the following table:
|
Penalties payable |
|
|
|
|---|---|---|---|
|
Item |
Provision alleged to have been contravened |
Penalty for individual |
Penalty for body corporate |
|
1 |
section 46 |
see subsection (2) of this section |
see subsection (3) of this section |
|
2 |
section 47 |
see subsection (2) of this section |
see subsection (3) of this section |
|
3 |
section 113 |
2 penalty units |
10 penalty units |
|
4 |
section 117 |
2 penalty units |
10 penalty units |
|
5 |
section 118 |
2 penalty units |
10 penalty units |
|
6 |
section 170 |
2 penalty units |
10 penalty units |
|
7 |
section 186 |
3 penalty units |
15 penalty units |
|
8 |
section 187 |
3 penalty units |
15 penalty units |
|
9 |
section 187A |
2 penalty units |
10 penalty units |
|
10 |
section 197 |
3 penalty units |
15 penalty units |
|
11 |
section 278 |
2 penalty units |
10 penalty units |
|
12 |
section 279 |
2 penalty units |
10 penalty units |
|
13 |
subsection 300(4) |
2 penalty units |
10 penalty units |
|
14 |
subsection 301(3) |
2 penalty units |
10 penalty units |
|
15 |
the regulations |
2 penalty units |
10 penalty units |
(2) The amount of penalty payable to the Commonwealth under regulations
made for the purposes of paragraph 314(2)(d) in respect of an offence an
individual is alleged to have committed against section 46 or 47, in relation to
a particular radiocommunications device, is:
(a) if the radiocommunications device was of a kind covered by a class
licence at the time the offence was allegedly committed—2 penalty units;
or
(b) in any other case—3 penalty units.
(3) The amount of penalty payable to the Commonwealth under regulations
made for the purposes of paragraph 314(2)(d) in respect of an offence a body
corporate is alleged to have committed against section 46 or 47, in relation to
a particular radiocommunications device, is:
(a) if
the radiocommunications device was of a kind covered by a class licence at the
time the offence was allegedly committed—10 penalty units; or
(b) in any other case—15 penalty units.
Radiocommunications
Taxes Collection Act 1983
24 Subsection 7(2)
Omit “issue of an instrument is payable on that day”,
substitute “day on which an instrument came into force is payable on that
anniversary”.
25 Subsection 7(3)
Omit “issue of the instrument is payable on that day”,
substitute “day on which the instrument came into force is payable on that
anniversary”.
26 Subsection 7(4)
Omit “issue of the instrument”, substitute “day on which
the instrument came into force”.
1 Income tax treatment of spectrum
licences
The amendments made by items 8 and 9 of Schedule 2 apply in relation to the
issue of licences on or after 11 March 1998.
2 Amendments relating to the issue of
licences
The amendments made by items 11, 12, 14 and 15 of Schedule 2 apply in
relation to the issue of licences after those items commence.
3 Civil penalties
The amendments made by items 22 and 23 of Schedule 2 apply in relation to
all offences (whether alleged to have been committed before or after those items
commence) in respect of which no penalty had yet been imposed as at the time of
that commencement.
4 Time tax becomes payable
The amendments made by items 24, 25 and 26 of Schedule 2 apply in relation
to the imposition of tax in respect of an instrument, if both:
(a) the relevant anniversary of the issue of the instrument; and
(b) the corresponding anniversary of the instrument coming into
force;
occur after the commencement of those items.