Radiocommunications Act 1989

Recovery of fees

136 Recovery of fees

  • (1) Any fee that is not paid in accordance with regulations made under this Act, until paid in full, constitutes a debt to the Crown, and may be recovered from the person liable at the suit of the Secretary or the Registrar in any court of competent jurisdiction.

    (2) The Secretary or the Registrar may from time to time enter into agreements or arrangements, on such terms and conditions as the Secretary or the Registrar thinks fit, with any person to collect or assist in collecting any fees payable in accordance with regulations made under this Act.

    (3) If a rightholder does not pay any fee relating to a spectrum licence in accordance with regulations made under this Act in full within 6 months of the date the fee is due,—

    • (a) the manager of the management rights to which the spectrum licence relates is jointly and severally liable with the rightholder for payment of the unpaid fees; and

    • (b) regardless of whether or not the spectrum licence may be cancelled by the manager alone, and independently of any right of the manager to cancel the licence in accordance with section 57A or 57B, the manager may cancel the licence to which the unpaid fees relate by presenting to the Registrar for the purposes of registration a notice in the prescribed form.

    (4) Every notice presented under subsection (3) must be accompanied by a statutory declaration from or on behalf of the manager that the rightholder has been served with a copy of the notice in relation to the spectrum licence.

    (5) The notice must specify—

    • (a) that the spectrum licence is cancelled; and

    • (b) the date from which the cancellation is to apply.

    Section 136(1): amended, on 12 October 2001, by section 49(1) of the Radiocommunications Amendment Act 2000 (2000 No 8).

    Section 136(1): amended, on 12 October 2001, by section 49(2)(a) of the Radiocommunications Amendment Act 2000 (2000 No 8).

    Section 136(2): amended, on 12 October 2001, by section 49(2)(b) of the Radiocommunications Amendment Act 2000 (2000 No 8).

    Section 136(3): added, on 31 October 2006, by section 32 of the Radiocommunications Amendment Act 2006 (2006 No 54).

    Section 136(4): added, on 31 October 2006, by section 32 of the Radiocommunications Amendment Act 2006 (2006 No 54).

    Section 136(5): added, on 31 October 2006, by section 32 of the Radiocommunications Amendment Act 2006 (2006 No 54).