Radiocommunications (Transmitter Licence Tax) Amendment Determination 2026 (No.2)
The Australian Communications and Media Authority makes the following instrument under subsection 7(1) of the Radiocommunications (Transmitter Licence Tax) Act 1983.
Adam Suckling
[signed]
Member
Michael Brealey
[signed]
General Manager
Australian Communications and Media Authority
This is the Radiocommunications (Transmitter Licence Tax) Amendment Determination 2026 (No.2).
This instrument commences at the start of the day after the day it is registered.
Note: The Federal Register of Legislation may be accessed, free of charge, at www.legislation.gov.au.
This instrument is made under subsection 7(1) of the Radiocommunications (Transmitter Licence Tax) Act 1983.
The instrument that is specified in Schedule 1 to this instrument is amended as set out in the applicable items of the Schedule, and any other item in Schedule 1 has effect according to its terms.
1 Subsection 5(1)
Insert:
1.9 GHz band means the part of the spectrum from 1900 MHz to 1910 MHz.
short-range wireless broadband station means a land mobile station:
(a) that is authorised to be operated under a land mobile licence; and
(b) operates in the frequency band 1900 MHz to 1920 MHz; and
(c) is authorised to operate with a power not greater than 1 W EIRP.
2 Schedule 1 (Table 8, after table item 17)
Insert:
18 | Licence that authorises the operation of a short-range wireless broadband station | Minimum annual amount |
3 After paragraph 38(1)(b) of Schedule 1
Insert:
(ba) the 1.9 GHz band;
4 Item 39 of Schedule 1
Repeal the item, substitute:
Definitions
(1) In this item, if:
(a) a Part 9 licence specifies a station; and
(b) the station incorporates a radiocommunications receiver; and
(c) there is a spectrum access that relates to that receiver; and
(d) the spectrum access does not also relate to a radiocommunications transmitter authorised by the licence;
the spectrum access is a receiver-only access.
(2) In this item, a spectrum access for a Part 9 licence that is not a receiver-only access is a transmitter access.
Note: A Part 9 licence does not authorise the operation of a radiocommunications receiver. However, Part 9 licences that authorise the operation of a radiocommunications transmitter in the 850/900 MHz band, the 1800 MHz band or the 2.1 GHz band provide for the use of ‘paired spectrum’. Such a licence will have an even number of spectrum accesses, in pairs where each access is of the same bandwidth and for the same location or geographic area, but covers a different frequency band to the other access. A pair of spectrum accesses may relate to a single station, comprising a radiocommunications transmitter and a radiocommunications receiver. One spectrum access of each pair is intended primarily for the radiocommunications transmitter, and the other is intended primarily for the radiocommunications receiver. The spectrum access intended primarily for a radiocommunications receiver will usually be a receiver-only access.
(3) For the purposes of paragraph (1)(c), a spectrum access (the first access) may be taken to relate to a radiocommunications receiver if:
(a) the Part 9 licence uses the phrase ‘Receiver details’, or similar wording, to describe the first access; and
(b) there is not another spectrum access for the licence, within which the operation of radiocommunications transmitters is authorised and to which paragraph (a) does not apply, that has the same:
(i) frequency band, or frequency and bandwidth; and
(ii) location, or area;
as the first access.
Note 1: A spectrum access for a Part 9 licence may not be taken to relate to a radiocommunications receiver in accordance with subsection (3) because it is the same as another spectrum access for the licence, to which paragraph (3)(a) does not apply. In this case, the spectrum access is a transmitter access. Part 9 licences that authorise the operation of radiocommunications transmitters in the 1.9 GHz band provide for the use of ‘unpaired’ spectrum. As such, every spectrum access for these Part 9 licences is intended to be used by both radiocommunications transmitters and radiocommunications receivers, though the licence only authorises the operation of the transmitters, and is not to be taken to relate to a radiocommunications receiver in accordance with subsection (3). There is a separate annual amount for each of these spectrum accesses that is greater than zero.
Note 2: If a Part 9 licence does not specify a station, then any spectrum access for the licence is a transmitter access.
Annual amount for spectrum access
(4) The annual amount for a receiver-only access is zero.
Note: The minimum annual amount does not apply in relation to a receiver-only access.
(5) Subject to item 41, if, for a transmitter access, a Part 9 licence specifies one or more Level 2 HCIS blocks within which the operation of a radiocommunications transmitter is authorised, the annual amount for the spectrum access is the sum of the results of performing the following calculation for each such block:
(a) the bandwidth of the transmitter access (in MHz); multiplied by
(b) the base rate for the Part 9 licence; multiplied by
(c) the population of the HCIS block.
(6) Subject to item 41, if, for a transmitter access, a Part 9 licence does not specify any Level 2 HCIS blocks within which the operation of a radiocommunications transmitter is authorised, the annual amount for the spectrum access is the sum of the results of performing the following calculation for each Level 2 HCIS block that falls, partly or wholly, within the HCIS area of the licence and within the spectrum access:
(a) the bandwidth of the transmitter access (in MHz); multiplied by
(b) the base rate for the Part 9 licence; multiplied by
(c) the population of the HCIS block.
5 Sub-item 41(1) of Schedule 1
Omit ‘item 39’, substitute ‘sub-item 39(5) or sub-item 39(6)’.
6 Schedule 1 (Table 9, after table item 2)
Insert:
2A | 1.9 GHz band | 0.005 |