Radiocommunications Amendment Regulations 2003

11 New regulations 38 to 40 substituted
  • The principal regulations are amended by revoking regulations 38 to 41, and substituting the following regulations:

    38 Fees payable to chief executive for radio licences
    • (1) The licensee under a radio licence must pay to the chief executive an initial licence fee on the commencement date of the licence as set out in the second column of Part 1 of Schedule 6.

      (2) The licensee under a radio licence must pay to the chief executive a fee annually, within the period of 1 month immediately before each anniversary of the commencement date of the licence, as set out in the third column of Part 1 of Schedule 6.

      (3) The applicant for a radio licence that is not granted must pay to the chief executive a fee for the application for the radio licence on the date that the applicant is notified that the application has been declined as set out in the fourth column of Part 1 of Schedule 6.

      (4) The chief executive may reduce a fee payable under subclause (1) or subclause (2) in proportion to the period of the right to transmit radio waves under the licence (rounded up to the nearest month) if the right to transmit radio waves expires earlier than 12 months after—

      • (a) the commencement date of the licence (if a fee is payable under subclause (1)); or

      • (b) the date by which the fee must be paid (if a fee is payable under subclause (2)).

    39 Fees payable to chief executive for spectrum licences
    • (1) This regulation applies to the following licences:

      • (a) spectrum licences created under section 48(1)(a) or (b) of the Act:

      • (b) licences that—

        • (i) were created under section 48(a) or (b) of the Act (as in force immediately before the commencement of the Radiocommunications Amendment Act 2000); and

        • (ii) are deemed, under section 59 of the Radiocommunications Amendment Act 2000, to be spectrum licences.

      (2) The rightholder under a licence to which this regulation applies must pay to the chief executive a fee on the date of registration of the licence.

      (3) The rightholder under a licence to which this regulation applies must pay to the chief executive a fee annually, within the period of 1 month immediately before each anniversary of the date of registration of the licence.

      (4) The fees payable under subclause (2) are calculated by multiplying the amount set out in the second column of Part 2 of Schedule 6 opposite the specification of the maximum power (e.i.r.p.) permitted under the licence by the number of frequencies or frequency bands specified in the licence.

      (5) The fees payable under subclause (3) are calculated by multiplying the amount set out in the third column of Part 2 of Schedule 6 opposite the specification of the maximum power (e.i.r.p.) permitted under the licence by the number of frequencies or frequency bands specified in the licence.

      (6) The chief executive may reduce a fee payable in proportion to the period of the right to transmit radio waves under the licence (rounded up to the nearest month) if the right to transmit radio waves expires earlier than 12 months after—

      • (a) the date of registration of the licence (if a fee is payable under subclause (2)); or

      • (b) the date by which the fee must be paid (if a fee is payable under subclause (3)).

    40 Fees payable to Registrar
    • The fees payable to the Registrar for each matter specified in the first column of Part 3 of Schedule 6 are the fees specified in the second column of that Part.