Document ID: chunk:federal_register_of_legislation:C2004A03029:schedule:1:p1
Version: federal_register_of_legislation:C2004A03029
Segment Type: schedule
Provision Reference: sch 1 (pt 1/13)
Character Range: 133046–135821

Schedule 1—
Omit from the amendment of sub-section 75 (1) set out in that Schedule "'1,000'", substitute "'$1,000'".

Radiocommunications Act 1983

Paragraph 93 (2) (d)—
Omit all the words after "amount", substitute "calculated in accordance with sub-section (2a)".

After sub-section 93 (2)—
Insert the following sub-section:
"(2a) The amount of the penalty payable to the Commonwealth pursuant to regulations made for the purposes of paragraph 93 (2) (d) concerning an offence referred to in that paragraph is the greater of $50 and—
     (a) in the case of an offence alleged to have been committed against section 15, sub-section 26 (8), section 30, sub-section 65 (17), section 68 or the regulations (other than an offence against the regulations to which paragraph (b) refers)—an amount equal to one-fifth of the maximum fine that a court could impose on the person alleged to have committed the offence as a penalty for that offence;
     (b) in the case of an offence alleged to have been committed against sub-section 10 (8), section 27, sub-section 35 (8), or 38 (8) or the regulations (being an offence against the regulations that relates to a test permit, transmitter licence, temporary permit or receiver licence)—an amount equal to the lesser of—
         (i) one-fifth of the maximum fine that a court could impose on the person alleged to have committed the offence as a penalty for that offence; or
         (ii) twice the amount of the tax that was paid or that is payable in respect of the grant of the test permit, transmitter licence, temporary permit or receiver licence to which the offence alleged to have been committed relates; or
     (c) in the case of an offence alleged to have been committed against section 23 or 37, being an offence that would not have been committed if the person alleged to have committed the offence had been the holder of a transmitter licence, temporary permit or receiver licence at the time the offence was alleged to have been committed—an amount equal to the lesser of—
         (i) one-fifth of the maximum fine that a court could impose on the person alleged to have committed the offence as a penalty for that offence; or
         (ii) twice the amount of tax that the person would have been liable to pay if the person had been granted such a transmitter licence, temporary permit or receiver licence at the time at which the alleged offence is said to have been committed.".

Re-establishment and Employment Act 1945

Sub-section 150 (3)—
Omit "Director-General", substitute "Secretary to the Department of Social Security".

SCHEDULE 1—continued
Sales Tax (Exemptions and Classifications) Act 1935

Paragraph (b) of Item 38a in Division VII of the First Schedule—
Omit "Director-General of Health", substitute