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This is the Radiocommunications (Charges) Determination 2017.
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Commonwealth legislation
This Act has been repealed and is no longer in force. It is retained for historical reference.
This instrument is ACMA’s consolidated price list for radio‑communications services—setting fees for licences, equipment testing, administrative actions and professional accreditation. It affects applicants, licensees and manufacturers who pay when applying, on completion, or on invoice, with some fees due even if an application is refused once work has begun.
Key practical points: online submissions are cheaper, small instalment charges apply for tax payments, GST is included where relevant, and amounts are rounded to the nearest dollar.
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Direct links to the current provisions in Radiocommunications (Charges) Determination 2017.
This is the Radiocommunications (Charges) Determination 2017.
This Determination is made under subsection 60(1) of the Australian Communications and Media Authority Act 2005.
In this Determination:
ACMA means the Australian Communications and Media Authority.
ACMA Act means the Australian Communications and Media Authority Act 2005.
accredited person means a person who holds an accreditation of a kind specified in the Accreditation Rules.
Accreditation Rules means the Radiocommunications Accreditation (General) Rules 2021.
aeronautical assigned system station has the same meaning as in the Radiocommunications Licence Conditions (Aeronautical Licence) Determination 2015.
anniversary of effect, for a licence, means an anniversary of the day when the licence comes into force for subsections 103(1) or 130(4) of the Radiocommunications Act.
base station means a station that is intended for use at a fixed location.
body scanner means a scanner that is capable of detecting metallic and non-metallic items on a person by using millimetre-wave radio frequency technology.
frequency assignment certificate, for an apparatus licence, means a certificate issued under subsection 100(4A) of the Radiocommunications Act.
General Licensing Accreditation has the same meaning as in section 4 of the Accreditation Rules.
GST has the meaning given by section 195‑1 of the A New Tax System (Goods and Services Tax) Act 1999.
hourly rate — see section 9 and item 1 of Schedule 1.
instalment of tax means an amount of tax payable:
(a) on the anniversary of the date of effect of an instrument; or
(b) on the holding of an instrument.
minimum charge — see section 9 and item 5 of Schedule 1.
mobile station means station fitted with an antenna connector, for use with an external antenna, and intended for use from a vehicle while in motion or during halts at unspecified points.
non assigned licence means a licence issued with no frequency assigned or with a pre-defined frequency assigned where the ACMA does not perform co-ordination work.
partial test means:
(a) a test or retest of a device that is a transmitter only or a receiver only; and
(b) for a device that is both a transmitter and a receiver — a test or retest of the transmitter only or the receiver only.
personal mobile station means a station that is intended to be carried on the person or held in the hand.
Radiocommunications Act means the Radiocommunications Act 1992.
remote station includes a station referred to in a licence as a remote control station.
retest — see section 8.
special hourly rate A — see section 9 and item 2 of Schedule 1.
special hourly rate B — see section 9 and item 3 of Schedule 1.
special hourly rate C – see section 9 and item 4 of Schedule 1.
spectrum access means access to the spectrum that is authorised for the operation of 1 or more radiocommunications devices that involves a unique combination of:
(a) a particular frequency; and
(b) a particular bandwidth; and
(c) a particular site or access area.
Tax Act means either of the following Acts:
(a) the Radiocommunications (Receiver Licence Tax) Act 1983;
(b) the Radiocommunications (Transmitter Licence Tax) Act 1983.
Note: In accordance with section 64 of the ACMA Act, other expressions in this Determination have the same meaning as in the Radiocommunications (Interpretation) Determination 2015, including:
900 MHz studio to transmitter link station;
aeronautical licence;
aircraft assigned station;
aircraft licence;
amateur beacon station;
amateur licence;
amateur repeater station;
ambulatory station;
ambulatory system;
assigned basis;
broadcasting licence;
broadcast service station;
CB station;
earth licence;
earth receive licence;
earth station;
emergency position indicating radio beacon station;
fixed earth station;
fixed licence;
fixed receive licence;
FM;
interior paging;
land mobile licence;
land mobile station;
land mobile system;
land station;
licence conditions determination;
limited coast assigned system;
limited coast marine rescue station;
limited coast non assigned station;
major coast A station;
major coast B station;
major coast receive licence;
maritime coast licence;
mobile earth station;
non assigned basis;
open narrowcasting service;
outpost assigned station;
outpost licence;
outpost non assigned station;
PABX cordless telephone service;
paging system;
PMTS Class B;
PMTS Class C;
point to multipoint station;
point to point (self-coordinated) station;
point to point station;
PTS licence;
radiodetermination licence;
scientific assigned station;
scientific licence;
scientific non assigned station;
ship;
ship station Class B;
ship station Class B assigned;
ship station Class B non assigned;
ship station Class C;
ship station Class C assigned;
ship station Class C non assigned;
sound outside broadcast station;
space licence;
space receive licence;
station;
television outside broadcast network;
television outside broadcast system;
temporary fixed link station; and
VHF.
In this Determination, unless the contrary intention appears: (a) a reference to any other legislative instrument is a reference to that other legislative instrument as in force from time to time; and (b) a reference to any other kind of instrument is a reference to that other instrument as in force at the time this Determination commences.
Note 1: For references to Commonwealth Acts, see section 10 of the Acts Interpretation Act 1901; and see also subsection 13(1) of the Legislation Act 2003 for the application of the Acts Interpretation Act 1901 to legislative instruments.
Note 2: All Commonwealth Acts and legislative instruments are registered on the Federal Register of Legislation.
The charges fixed in this Determination have been calculated in accordance with subsection 60(1) of the ACMA Act and reasonably relate to the expenses incurred by the ACMA in relation to the service or matter to which the charge relates.
(1) Subsection (2) applies if a device: (a) has been tested under section 101 of the Radiocommunications Act (the initial test); and (b) is tested (the later test) after the initial test. (2) For this Determination, the later test is a retest: (a) if: (i) the device did not comply with all requirements in the initial test; and (ii) the later test only relates to all or some of the requirements with which the device did not comply; or (b) if it is conducted only in relation to parts of the device that have been subject to technical modification after the initial test.
For this Determination, the hourly rates of charge and the minimum charge are described in Schedule 1.
A person who is exempt, under regulation 5 of the Radiocommunications Taxes Collection Regulations 1985, 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.
(1) Subject to subsection 13(12) and sections 14, 17, 18, 19, 20 and 21, for the purposes of section 60 of the ACMA Act, the charge mentioned in column 3 of an item in Schedule 2 is the charge fixed for: (a) provision of a service or matter mentioned in column 2 of the item; or (b) the service or matter mentioned in column 2 of the item, in relation to which expenses are incurred or to be incurred by the ACMA;
as the case requires.
(2) The charge includes GST if applicable.
(1) If an item in Schedule 2 refers to the issue or renewal, or consideration of the issue or renewal, of a licence for the operation of a station or stations in a particular class, the item also applies to a licence that authorises the operation of: (a) a station or stations in the class; and (b) remote or supplementary stations. (2) In calculating: (a) the charge imposed for the issue or renewal, or consideration of the issue or renewal, of a licence on an assigned basis in accordance with Part 6 or Part 8 of Schedule 2; and (b) a charge imposed under section 19;
the authorisation of the operation of remote stations on transmit frequencies that are the same as the receive frequency of the principal station or stations is to be disregarded.
(1) The charge for a service or matter mentioned in subsection 14(1) is payable: (a) by the applicant for the test report to which the service or matter relates; and (b) when the application or request for the service or matter is made or on the issue of an invoice for the charge. (2) The charge for a service or matter mentioned in subsection 14(2) or (3), or in Part 1 of Schedule 2, is payable: (a) by the applicant for the test report to which the service or matter relates; and (b) when the application or request for the service or matter is made or on the issue of an invoice for the charge. (3) The charges fixed under section 15 are payable: (a) by the applicant for the notice under section 111 of the Radiocommunications Act; and (b) when: (i) the notice is given; or (ii) the application for the notice is refused; or (iii) the application for the notice is withdrawn after consideration of the application by the ACMA has begun. (4) The charge mentioned in subsection 16(1) is payable: (a) by the person for whom the service or matter is provided; and (b) on the issue to the person of an invoice for the charge. (5) The charge mentioned in subsection 16(2) is payable: (a) by the person for whom the expenses were incurred; and (b) on the issue to the person of an invoice for the charge. (6) The charge mentioned in section 19 or 20 is payable: (a) by the holder of the licence to which the charge relates; and (b) at the time at which the tax to which the charge relates is payable under the Radiocommunications Taxes Collection Act 1983. (7) A charge mentioned in Part 2 of Schedule 2 is payable: (a) by the person for whom the service or matter is provided; and (b) on the issue to the person of an invoice for the charge. (8) A charge mentioned in Part 3 of Schedule 2 is payable: (a) by the person to whom the document mentioned in column 2 of the relevant item is, or would have been, issued; and (b) when:
(i) the document is issued; or
(ii) in the case of an document mentioned in item 3.3 or 3.4 of Schedule 2:
(A) the application for the issue of the document is refused, or taken to have been refused; or
(B) the application for the issue of the document is withdrawn after consideration of the application by the ACMA has begun;
as the case requires.
Note: A charge mentioned in item 3.3 or 3.4 of Schedule 2 is payable if the document is issued or the ACMA considers the issue of the document without proceeding to issue or renew it. A charge mentioned in item 3.1 or 3.2 of Schedule 2 is payable only if the ACMA issues the document.
(9) A charge mentioned in Part 4 of Schedule 2 is payable: (a) by the examinee; and (b) before the commencement of the examination, the part of an examination, or the reassessment, as the case may be. (10) The charge mentioned in Part 5 of Schedule 2 is payable by the applicant: (a) in the case of a charge mentioned in subitem 5.1(a) — when the application is lodged; and (b) in the case of an hourly rate of charge — on the issue to the applicant of an invoice for the charge. (11) A charge mentioned in section 17 or 18, or in Part 6 of Schedule 2, is payable: (a) by the person to whom the licence mentioned in column 2 of the relevant item is, or would have been, issued; and (b) when: (i) the licence is issued; or (ii) the application for the issue of the licence is refused, or taken to have been refused; or (iii) the application for the issue of the licence is withdrawn after consideration of the application by the ACMA has begun;
as the case requires.
Note: A charge mentioned in Part 6 of Schedule 2 is payable if the licence is issued or renewed or the ACMA considers the issue or renewal of the licence without proceeding to issue or renew it.
(12) In spite of subsection (11), if a fee is payable under item 6.34 of Schedule 2 for the issue of a licence, no fee is payable under any other item of Part 6 of Schedule 2 in respect of the issue, or consideration of the issue, of the licence. (13) A charge mentioned in Part 7 of Schedule 2, is payable: (a) by the applicant for the issue or renewal of the licence mentioned in column 2 of the relevant item; and (b) when: (i) the licence is issued or renewed; or (ii) the application for the issue or renewal of the licence is refused, or taken to have been refused; or (iii) the application for the issue or renewal of the licence is withdrawn after consideration of the application by the ACMA has begun;
as the case requires.
Note: A charge mentioned in Part 7 of Schedule 2 is payable if the licence is issued or renewed or the ACMA considers the issue or renewal of the licence without proceeding to issue or renew it.
(14) The charge mentioned in Part 8 of Schedule 2 is payable: (a) by the applicant for renewal of the licence; and (b) when the application is lodged. (15) A charge mentioned in Part 9 of Schedule 2 is payable: (a) by the applicant for the service; and (b) on the issue to the applicant of an invoice for the charge. (16) A charge mentioned in Part 10 of Schedule 2 is payable: (a) by the person for whom the service or matter is provided; and (b) on the issue to the person of an invoice for the charge. (17) A charge mentioned in Part 11 of Schedule 2 is payable: (a) by the person for whom the service or matter is provided; and (b) on the issue to the person of an invoice for the charge. (18) A charge mentioned in Part 12 of Schedule 2 is payable: (a) by the person for whom the service or matter is provided; and (b) when: (i) the licence is issued or renewed; or (ii) the application for the issue or renewal of the licence is refused, or taken to have been refused; or (iii) the application for the issue or renewal of the licence is withdrawn after consideration of the application by the ACMA has begun;
as the case requires.
Note: A charge mentioned in Part 12 of Schedule 2 is payable if the licence is issued or renewed or the ACMA considers the issue or renewal of the licence without proceeding to issue or renew it.
(1) If a device is tested for compliance with 2 or more standards, licence conditions determinations or class licences, the total charge that is payable for the tests is the sum of: (a) the amount payable under section 11 for the most expensive test conducted; and (b) half of the aggregate amount that, but for this section, would be payable for each of the other tests conducted. (2) If a device is tested by using more than one test described in column 2 of Part 1 of Schedule 2, the total charge that is payable for the tests is the sum of: (a) the amount payable under section 11 for the most expensive test conducted; and (b) half of the aggregate amount that, but for this section, would be payable for each of the other tests conducted. (3) Use Table 1 to work out the amount under paragraph (1)(b) or (2)(b).
Table 1
| Step 1 Work out the aggregate amount that would be payable for the tests referred to in paragraph (1)(b) or (2)(b), as the case requires.Step 2 Divide the amount worked out under step 1 by 2.Step 3 Round the amount worked out under step 2 to the nearest dollar in accordance with section 22. |
|---|
Use Table 2 to work out the charge for consideration by the ACMA of an application by a licensee for a notice under section 111 of the Radiocommunications Act to vary a condition of a licence.
Table 2
| Item | Licence type | Charge |
|---|---|---|
| 1 | If:(a) a type of assigned licence or a type of non assigned licence; and(b) the licence is mentioned in an item in Part 6 or Part 7 of Schedule 2 and is not of a type mentioned in item 3; and(c) technical coordination is not required | $51.00 |
| 2 | If:(a) a type of assigned licence; and(b) the licence is mentioned in an item in Part 6 of Schedule 2; and(c) the application for the variation notice is not associated with either a paper or electronic frequency assignment certificate lodged by an accredited person; and(d) the ACMA has performed technical coordination | The applicable charge for issuing the licence as specified in Part 6 of Schedule 2 |
| 3 | Licence is an amateur licence for the operation of an amateur beacon or amateur repeater station | $29.00 for each licence to which the notice relates |
| 3A | Licence is for the operation of a low power open narrowcasting service | $101.00 |
| 4 | If:(a) item 1, 2 or 3 does not apply to the application for the variation notice; and(b) the application for the variation notice is associated with a paper‑based frequency assignment certificate lodged by an accredited person; and(c) in considering the application, the ACMA does not perform coordination procedures to minimise interference | $152.00 for each frequency assignment or paired frequency assignment to which the notice relates |
| 5 | If:(a) item 1, 2 or 3 does not apply to the application for the variation notice; and(b) the application for the variation notice is associated with a frequency assignment certificate lodged by an accredited person using the ACMA’s Accredited Person Online Submission System; and(c) in considering the application, the ACMA does not perform coordination procedures to minimise interferenceNote for item 5Information about the ACMA’s Accredited Person Online Submission System may be found on the ACMA’s website: www.acma.gov.au. | $101.00 for each frequency assignment or paired frequency assignment to which the notice relates |
(1) If the ACMA provides a service or matter for which: (a) a charge may be fixed under section 60 of the ACMA Act; and (b) no charge is determined: (i) in any other section of this Determination; or (ii) in any other determination made under the ACMA Act;
the charge payable for the service is the hourly rate.
(2) If: (a) the ACMA incurs expenses under the Radiocommunications Act, the ACMA Act or under an instrument made under either Act; and (b) no charge in relation to the matter is determined: (i) in any other section of this Determination; or (ii) in any other determination made under section 60 of the ACMA Act;
the charge payable for the matter is the cost incurred plus GST (if applicable).
(3) This section does not apply in relation to a service or matter provided by the ACMA on a commercial basis as part of the ACMA’s additional functions under section 11 of the ACMA Act.
(1) This section applies if: (a) an application is made under section 99 of the Radiocommunications Act for the issue, under section 100 of the Radiocommunications Act, of a licence mentioned in an item in Part 6 of Schedule 2; and (b) the application is associated with a paper‑based frequency assignment certificate mentioned in subsection 100(4A) of the Radiocommunications Act. (2) Use Table 3 to work out the charge for: (a) issuing the licence; or (b) considering the issue of the licence without proceeding to issue it.
Table 3
| Item | Licence type | Charge |
|---|---|---|
| 1 | If:(a) a type of assigned licence; and(b) the licence is not of a type mentioned in item 2 or 3; and(c) in considering the issue of the licence, the ACMA does not perform coordination procedures to minimise interference; and(d) for each chargeable spectrum access to which the frequency assignment certificate relatesNote for item 1All transmit spectrum accesses are chargeable spectrum accesses. Receive spectrum accesses are only chargeable if there are no transmit spectrum accesses on the same licence. | $152.00 |
| 2 | Licence is an amateur licence for the operation of an amateur repeater station or an amateur beacon station | $29.00 |
| 3 | If:(a) the licence application is one of a group of 2 or more applications all of which relate to:(i) an event that happens for a period of not more than 2 weeks; or(ii) military or other defence manoeuvres, involving simulated wartime operations carried out to train and evaluate personnel, that happen for a period of not more than 3 months; and | $202.00 for each application group |
| (b) all applications in the group are made at the same time; and(c) in considering the issue of the licences, the ACMA does not perform coordination procedures to minimise interference; and | ||
| (d) associated licences (if applicable) are to be issued on the basis that the use of the licences:(i) is not to cause interference; and(ii) will not be afforded protection from interference caused by other services |
(1) This section applies if: (a) an application is made under section 99 of the Radiocommunications Act for the issue, under section 100 of the Radiocommunications Act, of a licence mentioned in an item in Part 6 of Schedule 2; and (b) a frequency assignment certificate mentioned in subsection 100(4A) of the Radiocommunications Act that relates to the application is lodged by an accredited person using the ACMA’s Accredited Person Online Submission System.
Note: Information about the ACMA’s Accredited Person Online Submission System may be found on the ACMA’s website: www.acma.gov.au.
(2) Use Table 4 to work out the charge for: (a) issuing the licence; or (b) considering the issue of the licence without proceeding to issue it.
Table 4
| Item | Licence type | Charge |
|---|---|---|
| 1 | If:(a) a type of assigned licence; and(b) the licence is not of a type mentioned in item 2; and(c) in considering the issue of the licence, the ACMA does not perform coordination procedures to minimise interference; and(d) for each chargeable spectrum access to which the frequency assignment certificate relatesNote for item 1All transmit spectrum accesses are chargeable spectrum accesses. Receive spectrum accesses are only chargeable if there are no transmit spectrum accesses on the same licence. | $101.00 |
| 2 | Licence is an amateur licence for the operation of an amateur repeater station or an amateur beacon station | $29.00 |
(1) This section applies if: (a) a person applies for: (i) the issue of a licence mentioned in column 2 of an item in Part 6 of Schedule 2; or (ii) the renewal of a licence mentioned in column 2 of an item in Part 8 of Schedule 2; and (b) the person elected, in the application for the issue or renewal of the licence, that subsection 6(3) of a Tax Act was to apply to the licence. (2) The charge for processing the payment of an instalment of tax in accordance with the election is: (a) for a fixed licence for the operation of a pair of point to point (self‑coordinated) stations — $4.00; and (b) for a fixed licence for the operation of a pair of point to point stations within the frequency range greater than 5.725 GHz and less than or equal to 5.825 GHz — $4.00; and (c) for any other licence — $4.00 for each frequency assigned.
(1) This section applies if: (a) a person applies for the issue or renewal of a licence mentioned in column 2 of an item in Part 7 of Schedule 2 (the reference item); and (b) the person elected, in the application for the issue or renewal of the licence, that subsection 6(3) of a Tax Act was to apply to the licence. Election under subsection 6(4) of a Tax Act for payment by instalments — general (2) Subject to subsections (3), (4) and (5), the charge for processing the payment of an instalment of tax in accordance with the election is an amount equal to the charge set out in column 3 of the reference item. Election under subsection 6(4) of a Tax Act for payment by instalments — short period (3) For subsection (2), if the period between the last anniversary of effect of the licence occurring during the period when the licence is in force and the end of the day on which the licence ceases to be in force is less than 12 months, the charge for processing the payment of the instalment is the greater of: (a) the minimum charge; and (b) an amount worked out using Table 5.
Table 5
| Step 1 Work out an amount using the formula:where:AC is the amount set out in column 3 of the reference item.D is the number of days in the period starting on the anniversary of effect of the licence and ending at the end of the day when the licence expires.Step 2 Round the amount to the nearest dollar in accordance with section 22. |
|---|
Election under subsection 6(5) of a Tax Act for payout of remaining instalments (4) If the person notifies the ACMA as set out in subsection 6(5) of a Tax Act: (a) subsection (2) ceases to apply on the day on which the person notifies the ACMA; and (b) the charge for processing the payment of tax in accordance with the notification is: (i) for the first year of the licence after the anniversary of effect of the licence mentioned in the subsection — the amount set out in column 3 of the reference item; and (ii) for each complete year of the licence (if any) after the year mentioned in subparagraph (i) — the amount set out in column 3 of the reference item, reduced by the minimum charge; and (iii) for any part of a year of the licence (if any) after the year mentioned in subparagraph (i) — an amount worked out using Table 6.
Table 6
| Step 1 Work out an amount using the formula:(AC – minimum charge) x D365where:AC is the amount set out in column 3 of the reference item.D is the number of days in the part of the year.Step 2 Round the amount to the nearest dollar in accordance with section 22. |
|---|
Application of subsection 6(6) of a Tax Act — payment of all instalments after overdue instalment (5) If subsection 6(6) of a Tax Act applies: (a) subsection (2) ceases to apply on the first day that subsection 6(6) applies; and (b) the charge for processing the payment of tax in accordance with the subsection is: (i) for the first year of the licence after the anniversary of effect of the licence mentioned in the subsection — the amount set out in column 3 of the reference item; and (ii) for each complete year of the licence (if any) after the year mentioned in subparagraph (i) — the amount set out in column 3 of the reference item, reduced by the minimum charge; and (iii) for any part of a year of the licence (if any) after the year mentioned in subparagraph (i) — an amount worked out using Table 6.
(1) This section applies if: (a) a person applies for the issue or renewal of a licence mentioned in column 2 of an item in Part 12 of Schedule 2; and (b) the person elected, in the application for the issue or renewal of the licence, that subsection 6(3) of a Tax Act was to apply to the licence. (2) Subject to subsections (3) and (4), the charge for processing the payment of an instalment of tax in accordance with the election is the hourly rate. (3) If the person notifies the ACMA as set out in subsection 6(5) of a Tax Act: (a) subsection (2) ceases to apply when the person notifies the ACMA; and (b) the charge for processing the payment of tax in accordance with the notification is the hourly rate. (4) If subsection 6(6) of a Tax Act applies: (a) subsection (2) ceases to apply on the first day that subsection 6(6) applies; and (b) the charge for processing the payment of tax in accordance with the subsection is the hourly rate.
If, under a provision of this Determination, an amount is required to be rounded in accordance with this section, the amount is to be rounded as follows:
(a) if, apart from the application of this section, the amount would include a part of a dollar and the part of the dollar is less than 50 cents — the amount is to be reduced to the nearest whole dollar; and
(b) if, apart from the application of this section, the amount would include a part of a dollar and the part of the dollar is 50 cents or more — the amount is to be increased to the nearest whole dollar.
Note: Rounding of amounts in accordance with this section is required under the following provisions:
(a) step 3 of Table 1 in subsection 14(3);
(b) step 2 of Table 5 in subsection 20(3);
(c) step 2 of Table 6 in subsection 20(4) and subsection 20(5);
(d) Schedule 1, item 1, column 3, subparagraph (a)(ii) and paragraph (c);
(e) Schedule 1, item 2, column 3, subparagraph (a)(ii) and paragraph (c);
(f) Schedule 1, item 3, column 3, subparagraph (a)(ii) and paragraph (c);
(g) Schedule 1, item 4, column 3, subparagraph (a)(ii) and paragraph (c).
Endnote 1 – About the endnotes
The endnotes provide information about this compilation and the compiled law.
Endnote 2 (Abbreviation key) sets out abbreviations that may be used in the endnotes.
Endnote 3 (Legislation history) provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.
Endnote 4 (Amendment history) provides information about the amendments at the provision (generally section or equivalent) level and includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.
It also includes information about any misdescribed amendment (that is, an amendment that does not accurately describe the amendment to be made). If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history. If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.
Endnote 2—Abbreviation key
| ad = added or inserted | (md not incorp) = misdescribed amendment |
|---|---|
| am = amended | cannot be given effect |
| amdt = amendment | mod = modified/modification |
| c = clause(s) | No. = Number(s) |
| Ch = Chapter(s) | par = paragraph(s)/subparagraph(s) |
| def = definition(s) | /sub‑subparagraph(s) |
| Dict = Dictionary | Pt = Part(s) |
| disallowed = disallowed by Parliament | r = regulation(s)/rule(s) |
| Div = Division(s) | rep = repealed |
| exp = expires/expired or ceases/ceased to have effect | rs = repealed and substituted |
| F = Federal Register of Legislation | s = section(s)/subsection(s) |
| gaz = gazette | Sch = Schedule(s) |
| LA = Legislation Act 2003 | Sdiv = Subdivision(s) |
| LIA = Legislative Instruments Act 2003 | underlining = whole or part not |
| (md) = misdescribed amendment can be given effect | commenced or to be commenced |
Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.
This is the Radiocommunications (Charges) Determination 2017.
This Determination is made under subsection 60(1) of the Australian Communications and Media Authority Act 2005.
In this Determination:
ACMA means the Australian Communications and Media Authority.
ACMA Act means the Australian Communications and Media Authority Act 2005.
accredited person means a person who holds an accreditation of a kind specified in the Accreditation Rules.
Accreditation Rules means the Radiocommunications Accreditation (General) Rules 2021.
aeronautical assigned system station has the same meaning as in the Radiocommunications Licence Conditions (Aeronautical Licence) Determination 2015.
anniversary of effect, for a licence, means an anniversary of the day when the licence comes into force for subsections 103(1) or 130(4) of the Radiocommunications Act.
base station means a station that is intended for use at a fixed location.
body scanner means a scanner that is capable of detecting metallic and non-metallic items on a person by using millimetre-wave radio frequency technology.
frequency assignment certificate, for an apparatus licence, means a certificate issued under subsection 100(4A) of the Radiocommunications Act.
General Licensing Accreditation has the same meaning as in section 4 of the Accreditation Rules.
GST has the meaning given by section 195‑1 of the A New Tax System (Goods and Services Tax) Act 1999.
hourly rate — see section 9 and item 1 of Schedule 1.
instalment of tax means an amount of tax payable:
(a) on the anniversary of the date of effect of an instrument; or
(b) on the holding of an instrument.
minimum charge — see section 9 and item 5 of Schedule 1.
mobile station means station fitted with an antenna connector, for use with an external antenna, and intended for use from a vehicle while in motion or during halts at unspecified points.
non assigned licence means a licence issued with no frequency assigned or with a pre-defined frequency assigned where the ACMA does not perform co-ordination work.
partial test means:
(a) a test or retest of a device that is a transmitter only or a receiver only; and
(b) for a device that is both a transmitter and a receiver — a test or retest of the transmitter only or the receiver only.
personal mobile station means a station that is intended to be carried on the person or held in the hand.
Radiocommunications Act means the Radiocommunications Act 1992.
remote station includes a station referred to in a licence as a remote control station.
retest — see section 8.
special hourly rate A — see section 9 and item 2 of Schedule 1.
special hourly rate B — see section 9 and item 3 of Schedule 1.
special hourly rate C – see section 9 and item 4 of Schedule 1.
spectrum access means access to the spectrum that is authorised for the operation of 1 or more radiocommunications devices that involves a unique combination of:
(a) a particular frequency; and
(b) a particular bandwidth; and
(c) a particular site or access area.
Tax Act means either of the following Acts:
(a) the Radiocommunications (Receiver Licence Tax) Act 1983;
(b) the Radiocommunications (Transmitter Licence Tax) Act 1983.
Note: In accordance with section 64 of the ACMA Act, other expressions in this Determination have the same meaning as in the Radiocommunications (Interpretation) Determination 2015, including:
900 MHz studio to transmitter link station;
aeronautical licence;
aircraft assigned station;
aircraft licence;
amateur beacon station;
amateur licence;
amateur repeater station;
ambulatory station;
ambulatory system;
assigned basis;
broadcasting licence;
broadcast service station;
CB station;
earth licence;
earth receive licence;
earth station;
emergency position indicating radio beacon station;
fixed earth station;
fixed licence;
fixed receive licence;
FM;
interior paging;
land mobile licence;
land mobile station;
land mobile system;
land station;
licence conditions determination;
limited coast assigned system;
limited coast marine rescue station;
limited coast non assigned station;
major coast A station;
major coast B station;
major coast receive licence;
maritime coast licence;
mobile earth station;
non assigned basis;
open narrowcasting service;
outpost assigned station;
outpost licence;
outpost non assigned station;
PABX cordless telephone service;
paging system;
PMTS Class B;
PMTS Class C;
point to multipoint station;
point to point (self-coordinated) station;
point to point station;
PTS licence;
radiodetermination licence;
scientific assigned station;
scientific licence;
scientific non assigned station;
ship;
ship station Class B;
ship station Class B assigned;
ship station Class B non assigned;
ship station Class C;
ship station Class C assigned;
ship station Class C non assigned;
sound outside broadcast station;
space licence;
space receive licence;
station;
television outside broadcast network;
television outside broadcast system;
temporary fixed link station; and
VHF.
In this Determination, unless the contrary intention appears: (a) a reference to any other legislative instrument is a reference to that other legislative instrument as in force from time to time; and (b) a reference to any other kind of instrument is a reference to that other instrument as in force at the time this Determination commences.
Note 1: For references to Commonwealth Acts, see section 10 of the Acts Interpretation Act 1901; and see also subsection 13(1) of the Legislation Act 2003 for the application of the Acts Interpretation Act 1901 to legislative instruments.
Note 2: All Commonwealth Acts and legislative instruments are registered on the Federal Register of Legislation.
The charges fixed in this Determination have been calculated in accordance with subsection 60(1) of the ACMA Act and reasonably relate to the expenses incurred by the ACMA in relation to the service or matter to which the charge relates.
(1) Subsection (2) applies if a device: (a) has been tested under section 101 of the Radiocommunications Act (the initial test); and (b) is tested (the later test) after the initial test. (2) For this Determination, the later test is a retest: (a) if: (i) the device did not comply with all requirements in the initial test; and (ii) the later test only relates to all or some of the requirements with which the device did not comply; or (b) if it is conducted only in relation to parts of the device that have been subject to technical modification after the initial test.
For this Determination, the hourly rates of charge and the minimum charge are described in Schedule 1.
A person who is exempt, under regulation 5 of the Radiocommunications Taxes Collection Regulations 1985, 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.
(1) Subject to subsection 13(12) and sections 14, 17, 18, 19, 20 and 21, for the purposes of section 60 of the ACMA Act, the charge mentioned in column 3 of an item in Schedule 2 is the charge fixed for: (a) provision of a service or matter mentioned in column 2 of the item; or (b) the service or matter mentioned in column 2 of the item, in relation to which expenses are incurred or to be incurred by the ACMA;
as the case requires.
(2) The charge includes GST if applicable.
(1) If an item in Schedule 2 refers to the issue or renewal, or consideration of the issue or renewal, of a licence for the operation of a station or stations in a particular class, the item also applies to a licence that authorises the operation of: (a) a station or stations in the class; and (b) remote or supplementary stations. (2) In calculating: (a) the charge imposed for the issue or renewal, or consideration of the issue or renewal, of a licence on an assigned basis in accordance with Part 6 or Part 8 of Schedule 2; and (b) a charge imposed under section 19;
the authorisation of the operation of remote stations on transmit frequencies that are the same as the receive frequency of the principal station or stations is to be disregarded.
(1) The charge for a service or matter mentioned in subsection 14(1) is payable: (a) by the applicant for the test report to which the service or matter relates; and (b) when the application or request for the service or matter is made or on the issue of an invoice for the charge. (2) The charge for a service or matter mentioned in subsection 14(2) or (3), or in Part 1 of Schedule 2, is payable: (a) by the applicant for the test report to which the service or matter relates; and (b) when the application or request for the service or matter is made or on the issue of an invoice for the charge. (3) The charges fixed under section 15 are payable: (a) by the applicant for the notice under section 111 of the Radiocommunications Act; and (b) when: (i) the notice is given; or (ii) the application for the notice is refused; or (iii) the application for the notice is withdrawn after consideration of the application by the ACMA has begun. (4) The charge mentioned in subsection 16(1) is payable: (a) by the person for whom the service or matter is provided; and (b) on the issue to the person of an invoice for the charge. (5) The charge mentioned in subsection 16(2) is payable: (a) by the person for whom the expenses were incurred; and (b) on the issue to the person of an invoice for the charge. (6) The charge mentioned in section 19 or 20 is payable: (a) by the holder of the licence to which the charge relates; and (b) at the time at which the tax to which the charge relates is payable under the Radiocommunications Taxes Collection Act 1983. (7) A charge mentioned in Part 2 of Schedule 2 is payable: (a) by the person for whom the service or matter is provided; and (b) on the issue to the person of an invoice for the charge. (8) A charge mentioned in Part 3 of Schedule 2 is payable: (a) by the person to whom the document mentioned in column 2 of the relevant item is, or would have been, issued; and (b) when:
(i) the document is issued; or
(ii) in the case of an document mentioned in item 3.3 or 3.4 of Schedule 2:
(A) the application for the issue of the document is refused, or taken to have been refused; or
(B) the application for the issue of the document is withdrawn after consideration of the application by the ACMA has begun;
as the case requires.
Note: A charge mentioned in item 3.3 or 3.4 of Schedule 2 is payable if the document is issued or the ACMA considers the issue of the document without proceeding to issue or renew it. A charge mentioned in item 3.1 or 3.2 of Schedule 2 is payable only if the ACMA issues the document.
(9) A charge mentioned in Part 4 of Schedule 2 is payable: (a) by the examinee; and (b) before the commencement of the examination, the part of an examination, or the reassessment, as the case may be. (10) The charge mentioned in Part 5 of Schedule 2 is payable by the applicant: (a) in the case of a charge mentioned in subitem 5.1(a) — when the application is lodged; and (b) in the case of an hourly rate of charge — on the issue to the applicant of an invoice for the charge. (11) A charge mentioned in section 17 or 18, or in Part 6 of Schedule 2, is payable: (a) by the person to whom the licence mentioned in column 2 of the relevant item is, or would have been, issued; and (b) when: (i) the licence is issued; or (ii) the application for the issue of the licence is refused, or taken to have been refused; or (iii) the application for the issue of the licence is withdrawn after consideration of the application by the ACMA has begun;
as the case requires.
Note: A charge mentioned in Part 6 of Schedule 2 is payable if the licence is issued or renewed or the ACMA considers the issue or renewal of the licence without proceeding to issue or renew it.
(12) In spite of subsection (11), if a fee is payable under item 6.34 of Schedule 2 for the issue of a licence, no fee is payable under any other item of Part 6 of Schedule 2 in respect of the issue, or consideration of the issue, of the licence. (13) A charge mentioned in Part 7 of Schedule 2, is payable: (a) by the applicant for the issue or renewal of the licence mentioned in column 2 of the relevant item; and (b) when: (i) the licence is issued or renewed; or (ii) the application for the issue or renewal of the licence is refused, or taken to have been refused; or (iii) the application for the issue or renewal of the licence is withdrawn after consideration of the application by the ACMA has begun;
as the case requires.
Note: A charge mentioned in Part 7 of Schedule 2 is payable if the licence is issued or renewed or the ACMA considers the issue or renewal of the licence without proceeding to issue or renew it.
(14) The charge mentioned in Part 8 of Schedule 2 is payable: (a) by the applicant for renewal of the licence; and (b) when the application is lodged. (15) A charge mentioned in Part 9 of Schedule 2 is payable: (a) by the applicant for the service; and (b) on the issue to the applicant of an invoice for the charge. (16) A charge mentioned in Part 10 of Schedule 2 is payable: (a) by the person for whom the service or matter is provided; and (b) on the issue to the person of an invoice for the charge. (17) A charge mentioned in Part 11 of Schedule 2 is payable: (a) by the person for whom the service or matter is provided; and (b) on the issue to the person of an invoice for the charge. (18) A charge mentioned in Part 12 of Schedule 2 is payable: (a) by the person for whom the service or matter is provided; and (b) when: (i) the licence is issued or renewed; or (ii) the application for the issue or renewal of the licence is refused, or taken to have been refused; or (iii) the application for the issue or renewal of the licence is withdrawn after consideration of the application by the ACMA has begun;
as the case requires.
Note: A charge mentioned in Part 12 of Schedule 2 is payable if the licence is issued or renewed or the ACMA considers the issue or renewal of the licence without proceeding to issue or renew it.
(1) If a device is tested for compliance with 2 or more standards, licence conditions determinations or class licences, the total charge that is payable for the tests is the sum of: (a) the amount payable under section 11 for the most expensive test conducted; and (b) half of the aggregate amount that, but for this se
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