8Persons who are not required to pay certain charges

8 Persons who are not required to pay certain charges

(1) A person who is exempt, under regulation 5 of the Radiocommunications Taxes Collection Regulations (being Statutory Rules 1985 No. 200, as amended), from the payment of tax in respect of apparatus licences is not required to pay an amount in relation to the issue, renewal or transfer of a licence mentioned in this Determination.

(2) A person is not required to pay the charge mentioned in section 13 (which relates to varying a condition of a licence that relates to the technical operation or location of a device) if:

(a) the licence is a fixed licence for the operation of a point to point station on 2010 to 2025 MHz (the current frequency); and

(b) the application for the variation of the condition is made as part of the person ending a service on the current frequency, using the point to point station, because of a spectrum re‑allocation declaration; and

(c) the ACMA is satisfied that the service provided after the variation, using the point to point station, will not exceed the range and effect of the service provided on the current frequency.

(3) A person is not required to pay the charge mentioned in item 6.9 of Schedule 2 (which relates to the issue of a fixed licence for the operation of a point to point station) if:

(a) the person holds, or held, a fixed licence for the operation of a point to point station on 2010 to 2025 MHz (the current frequency); and

(b) the person applies for the issue of another fixed licence for the operation of a point to point station on another frequency; and

(c) the application is made as part of the person ending a service on the current frequency, using the point to point station, because of a spectrum re‑allocation declaration; and

(d) the ACMA is satisfied that the service on the other frequency, using the point to point station, will not exceed the range and effect of the service provided on the current frequency.