Telecommunications (Carrier Licence Charges) Act 1997

Act No. 49 of 1997 as amended

This compilation was prepared on 27 September 2005
taking into account amendments up to Act No. 116 of 2005

The text of any of those amendments not in force
on that date is appended in the Notes section

The operation of amendments that have been incorporated may be
affected by application provisions that are set out in the Notes section

Prepared by the Office of Legislative Drafting and Publishing,
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

Notes

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.

ACMA’s telecommunications powers has the same meaning as in the Telecommunications Act 1997.

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.

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.

For all relevant information pertaining to application, saving or transitional provisions see Table A.

Table of Acts

(a) Subsection 2(1) (item 3) of the Telecommunications (Carrier Licence Charges) Amendment (Industry Plans and Consumer Codes) Act 2005 provides as follows:

 (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Table of Amendments

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.