Telecommunications (Carrier Licence Charges) Act 1997
Act No. 49 of 1997 as amended
This compilation was prepared on 15 August 2001
taking into account amendments up to Act No. 68 of 1998
The text of any of those amendments not in force
on that date is appended in the Notes section
Prepared by the Office of Legislative Drafting,
Attorney‑General’s Department, Canberra
Contents
Part 1—Introduction
1 Short title [see Note 1]...........................
2 Commencement [see Note 1].......................
3 Act to bind Crown..............................
4 Extension to eligible Territories......................
5 Interpretation.................................
Part 2—Application charge
6 Definition of charge
7 Imposition of charge............................
8 By whom charge payable..........................
9 Amount of charge..............................
10 Maximum charge..............................
Part 3—Annual charge
11 Definition of charge
12 Imposition of charge............................
13 By whom charge payable..........................
14 Amount of charge..............................
15 Limit on total of charges [see Note 2]..................
Part 4—Transitional
16 Exercise of powers by AUSTEL before 1 July 1997—application charge
Notes
An Act to impose charges in relation to carrier licences under the Telecommunications Act 1997
This Act may be cited as the Telecommunications (Carrier Licence Charges) Act 1997.
(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.
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.
This Act extends to each eligible Territory.
In this Act:
ACA means the Australian Communications Authority.
ACCC means the Australian Competition and Consumer Commission.
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.
In this Part:
charge means charge imposed by this Part.
Charge is imposed on an application for a carrier licence.
Charge imposed on an application for a carrier licence is payable by the applicant.
(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 ACA.
(2) A determination under subsection (1) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.
The amount of charge imposed on an application for a carrier licence must not exceed $100,000.
In this Part:
charge means charge imposed by this Part.
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.
Charge imposed on a carrier licence is payable by the holder of the licence.
(1) The amount of charge imposed on a carrier licence is the amount ascertained in accordance with a written determination made by the ACA.
(2) A determination under subsection (1) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.
(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 ACA, to be the proportion of the ACA’s costs for the immediately preceding financial year that is attributable to the ACA’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 ACA, 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
(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; and
(e) the amount determined by the Industry Minister, by written instrument, to be the proportion of the Commonwealth’s costs for the immediately preceding financial year that is attributable to the administration of Part 2 of Schedule 1 to the Telecommunications Act 1997.
(2) An instrument under subsection (1) must be notified in the Gazette before the day on which the charges referred to in subsection (1) become due for payment.
(3) An instrument under subsection (1) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.
(4) In this section:
ACA’s telecommunications functions has the same meaning as in the Australian Communications Authority Act 1997.
ACA’s telecommunications powers has the same meaning as in the Telecommunications Act 1997.
ACCC’s telecommunications functions and powers has the same meaning as in the Telecommunications Act 1997.
cost:
(a) in relation to the ACA, means an amount that, in accordance with accrual‑based accounting principles, is treated as a cost of the ACA; 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.
Industry Minister means the Minister for Industry, Science and Tourism.
(1) Before 1 July 1997, Part 2 has effect as if a reference in that Part to the ACA were a reference to AUSTEL.
(2) Anything done by AUSTEL under Part 2 before 1 July 1997 has effect, on and after 1 July 1997, as if it had been done by the ACA.
(3) In this section:
AUSTEL means the Australian Telecommunications Authority.
Notes to the Telecommunications (Carrier Licence Charges) Act 1997
Note 1
The Telecommunications (Carrier Licence Charges) Act 1997 as shown in this compilation comprises Act No. 49, 1997 amended as indicated in the Tables below.
Table of Acts
Act | Number | Date | Date of commencement | Application, saving or transitional provisions |
Telecommunications (Carrier Licence Charges) Act 1997 | 49, 1997 | 22 Apr 1997 | 22 Apr 1997 |
|
Telecommunications (Carrier Licence Charges) Amendment Act 1998 | 68, 1998 | 30 June 1998 | 30 June 1998 | — |
Table of Amendments
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted | |
Provision affected | How affected |
S. 15................... | am. No. 68, 1998 |
|
|
Note 2
Section 15(4)—Schedule 1 (item 2) of the Telecommunications (Carrier Licence Charges) Amendment Act 1998 provides as follows:
Schedule 1
2 Subsection 15(4) (at the end of the definition of costs)
Add:
; and (c) in relation to the Commonwealth, means an amount that, in accordance with accrual‑based accounting principles, is treated as a cost of the Commonwealth.
The proposed amendment was misdescribed and is not incorporated in this compilation.