Contents
Part 1—Introduction 1
1............ Short title [see Note 1]....................................................................... 1
2............ Commencement [see Note 1].............................................................. 1
3............ Act to bind Crown.............................................................................. 1
4............ Extension to eligible Territories.......................................................... 1
5............ Interpretation...................................................................................... 1
Part 2—Application charge 3
6............ Definition of charge........................................................................... 3
7............ Imposition of charge........................................................................... 3
8............ By whom charge payable................................................................... 3
9............ Amount of charge............................................................................... 3
10.......... Maximum charge................................................................................. 3
Part 3—Annual charge 4
11.......... Definition of charge........................................................................... 4
12.......... Imposition of charge........................................................................... 4
13.......... By whom charge payable................................................................... 4
14.......... Amount of charge............................................................................... 4
15.......... Limit on total of charges..................................................................... 4
Notes 7
An Act to impose charges in relation to carrier licences under
the Telecommunications Act 1997
Part 1—Introduction
1
Short title [see
Note 1]
This Act may be cited as the Telecommunications
(Carrier Licence Charges) Act 1997.
2
Commencement [see
Note 1]
(1) Subject to this section, this Act
commences on the day on which it receives the Royal Assent.
(2) If the day on which this Act receives the
Royal Assent is a later day than 5 June 1997, this Act is taken to have
commenced on 5 June 1997.
3 Act
to bind Crown
This Act binds the Crown in right of
each of the States, of the Australian Capital Territory, of the Northern
Territory and of Norfolk Island.
4
Extension to eligible Territories
This Act extends to each eligible
Territory.
5
Interpretation
In this Act:
ACCC means the Australian Competition and
Consumer Commission.
ACMA means the Australian Communications and
Media Authority.
carrier has the same meaning as in the Telecommunications
Act 1997.
carrier licence has the same meaning as in
the Telecommunications Act 1997.
eligible Territory has the same meaning as in
the Telecommunications Act 1997.
Part 2—Application charge
6
Definition of charge
In this Part:
charge means charge imposed by this Part.
7
Imposition of charge
Charge is imposed on an application for
a carrier licence.
8 By
whom charge payable
Charge imposed on an application for a
carrier licence is payable by the applicant.
9
Amount of charge
(1) The amount of charge imposed on an
application for a carrier licence is the amount ascertained in accordance with
a written determination made by the ACMA.
(2) A determination under subsection (1)
is a legislative instrument for the purposes of the Legislative Instruments
Act 2003.
10
Maximum charge
The amount of charge imposed on
an application for a carrier licence must not exceed $100,000.
Part 3—Annual charge
11
Definition of charge
In this Part:
charge means charge imposed by this Part.
12
Imposition of charge
Charge is imposed on a carrier licence
that is in force at the beginning of a financial year, where the financial year
begins on or after 1 July 1998.
13 By
whom charge payable
Charge imposed on a carrier licence is
payable by the holder of the licence.
14
Amount of charge
(1) The amount of charge imposed on a carrier
licence is the amount ascertained in accordance with a written determination
made by the ACMA.
(2) A determination under subsection (1)
is a legislative instrument for the purposes of the Legislative Instruments
Act 2003.
15
Limit on total of charges
(1) The total of the charges that are imposed
on carrier licences in force at the beginning of a financial year must not
exceed the sum of:
(a) the amount determined, by a
written instrument made by the ACMA, to be the proportion of the ACMA’s costs
for the immediately preceding financial year that is attributable to the ACMA’s
telecommunications functions and powers; and
(b) the amount determined, by a
written instrument made by the ACCC, to be the proportion of the ACCC’s costs
for the immediately preceding financial year that is attributable to the ACCC’s
telecommunications functions and powers; and
(c) the amount determined, by a
written instrument made by the ACMA, to be the proportion of the Commonwealth’s
contribution to the budget of the International Telecommunication Union for the
calendar year in which the beginning of the financial year occurs that is to be
recovered from carriers; and
(ca) the amount determined, by a
written instrument made by the ACMA, to be the sum of the amounts paid under
section 136C of the Telecommunications Act 1997 during the
immediately preceding financial year; and
(d) the amount determined, in a
written instrument made by the Minister, to be the estimated total amount of
grants likely to be made during the financial year under section 593 of
the Telecommunications Act 1997.
(2) An instrument under subsection (1)
is a legislative instrument for the purposes of the Legislative Instruments
Act 2003.
(4) In this section:
ACCC’s telecommunications functions and powers has
the same meaning as in the Telecommunications Act 1997.
ACMA’s telecommunications functions has the
same meaning as in the Telecommunications Act 1997, but does not include
functions conferred on the ACMA by or under:
(a) the Do Not Call Register Act
2006; or
(b) the Telecommunications Act 1997
to the extent to which that Act relates to the Do Not Call Register Act 2006;
or
(c) Part 6 of the Telecommunications
Act 1997 to the extent to which that Part relates to telemarketing
activities (within the meaning of that Part).
ACMA’s telecommunications powers has the same
meaning as in the Telecommunications Act 1997, but does not include
powers conferred on the ACMA by or under:
(a) the Do Not Call Register Act
2006; or
(b) the Telecommunications Act 1997
to the extent to which that Act relates to the Do Not Call Register Act 2006;
or
(c) Part 6 of the Telecommunications
Act 1997 to the extent to which that Part relates to telemarketing
activities (within the meaning of that Part).
cost:
(a) in relation to the ACMA, means an
amount that, in accordance with accrual‑based accounting principles, is
treated as a cost of the ACMA; and
(b) in relation to the ACCC, means an
amount that, in accordance with accrual‑based accounting principles, is
treated as a cost of the ACCC.
Table A
Application, saving or transitional provisions
Telecommunications (Carrier Licence Charges) Amendment
Act 2005
(No. 46,
2005)
Schedule 2
1 Definitions
In this Schedule:
Imposition Act means the Telecommunications
(Carrier Licence Charges) Act 1997.
transition time means the commencement of this
Schedule.
2 Continued effect of amount determinations
A determination made by the ACA under subsection 9(1) or 14(1),
or paragraph 15(1)(a) or (c), of the Imposition Act that was in force
immediately before the transition time has effect on and after the transition
time as if it had been made by the ACMA under that subsection or paragraph as
amended by Schedule 1 to this Act.
3 ACMA’s costs include ACA’s costs
(1) For the purpose of paragraph 15(1)(a) of the
Imposition Act as amended by this Schedule, a reference to the ACMA’s costs for
a financial year includes a reference to the ACA’s costs for that financial
year.
(2) The ACA’s costs for a financial year are to be
determined as if the amendments made by Schedule 1 to this Act to the
definition of cost in subsection 15(4) of the Imposition Act had
not been made.
Telecommunications
(Carrier Licence Charges) Amendment (Industry Plans and Consumer Codes) Act
2005 (No. 116,
2005)
Schedule 1
10 Application of amendments
(1) For the purposes of this item, if the Commonwealth
did not incur any costs for a financial year that were attributable to the
administration of Part 2 of Schedule 1 to the Telecommunications
Act 1997, the financial year is a zero‑cost financial year.
(2) The amendments made by items 4, 5, 7, 8 and 9
apply in relation to charges imposed on carrier licences in force at the
beginning of:
(a) the first financial year where
both of the following conditions are satisfied:
(i) the financial year
ends after the commencement of this item;
(ii) the immediately
preceding financial year is a zero‑cost financial year; or
(b) a financial year that is later
than that first financial year.