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Commonwealth of Australia

Australian Communications and Media Authority Act 2005

Australian Communications and Media Authority (Modifications to Apparatus and Spectrum Licences Taxes) Direction 2020

I, Paul Fletcher, Minister for Communications, Cyber Safety and the Arts, make the following Direction.

Dated: 15 May 2020

PAUL FLETCHER
Minister for Communications, Cyber Safety and the Arts _________________________________________________________________

  1       Name of Direction

     This Direction is the Australian Communications and Media Authority (Modifications to Apparatus and Spectrum Licences Taxes) Direction 2020.

  2       Commencement

     This Direction commences on the day after it is registered.

  3       Authority

     This Direction is made under section 14 of the Australian Communications and Media Authority Act 2005.

  4       Interpretation

     (1) In this Direction:

 ACMA means the Australian Communications and Media Authority.

     Designated Spectrum Licence means a spectrum licence issued under Part 3.2 of the Radiocommunications Act 1992, other than the following:

         (a)   a spectrum licence issued to:
              1. a Department of State of the Commonwealth of Australia; or
              2. an Executive Agency established under section 65 of the Public Service Act 1999; or
              3. a Statutory Agency within the meaning of section 7 of the Public Service Act 1999;
         (b)   a spectrum licence issued with one or more conditions that require the licensed spectrum to be used only for the provision of a television outside broadcast service; and
         (c)   a spectrum licence issued with one or more conditions that require the licensed spectrum to be used only for the provision of rail safety, rail operations or rail control.

     Historical EME Component refers to the 0.8% annual component of the Transmitter Licence Tax and the Receiver Licence Tax, which historically was used to offset expenditure by the Australian Government for research, information provision and engagement activities into the health effects of electromagnetic energy.

     New EME Component refers to a component of the Spectrum Licence Tax that will be used to offset expenditure by the Australian Government for research, information provision and engagement activities into the health effects of electromagnetic energy.

     Receiver Determination means the Radiocommunications (Receiver Licence Tax) Determination 2015 as in force as at 30 June 2020.

     Receiver Holding Date, in respect of a receiver licence, means any time during the financial year commencing 1 July 2020 and each subsequent financial year.

     receiver licence has the same meaning as in the Radiocommunications Act 1992.

     Receiver Licence Tax means the tax imposed by the Radiocommunications (Receiver Licence Tax) Act 1983.

     spectrum has the same meaning as in the Radiocommunications Act 1992.

     Spectrum Determination means the Radiocommunications (Spectrum Licence Tax) Determination 2014 as in force as at 30 June 2020.

     Spectrum Holding Date, in respect of a spectrum licence, means 11 October 2020, and 11 October occurring in each subsequent financial year.

     spectrum