Telecommunications (Carrier Licence Charges) Bill 1996
First Reading

1996

The Parliament of the

Commonwealth of Australia

HOUSE OF REPRESENTATIVES

Presented and read a first time

Telecommunications (Carrier Licence Charges) Bill 1996

No. , 1996

(Communications and the Arts)

A Bill for an Act to impose charges in relation to carrier licences under the Telecommunications Act 1996

9617420--1,025/13.11.1996--(174/96) Cat. No. 96 5475 5 ISBN 0644 482788

Contents

Part 1--Introduction       

1       Short title

2       Commencement

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

Part 4--Transitional       

16       Exercise of powers by AUSTEL before 1 July 1997--application charge

A Bill for an Act to impose charges in relation to carrier licences under the Telecommunications Act 1996

The Parliament of Australia enacts:

Part 1--Introduction

1 Short title

        This Act may be cited as the Telecommunications (Carrier Licence Charges) Act 1996.

2 Commencement

       (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:

ACA means the Australian Communications Authority.

ACCC means the Australian Competition and Consumer Commission.

carrier has the same meaning as in the Telecommunications Act 1996.

carrier licence has the same meaning as in the Telecommunications Act 1996.

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eligible Territory has the same meaning as in the Telecommunications Act 1996.

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 ACA.

       (2) A determination under subsection (1) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.

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 ACA.

       (2) A determination under subsection (1) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.

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 ACA, to be the proportion of the ACA's costs for the immediately preceding financial year that is attributable to the ACA's telecommunications

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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.

       (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 1996.

ACA's telecommunications powers has the same meaning as in the Telecommunications Act 1996.

ACCC's telecommunications functions and powers has the same meaning as in the Telecommunications Act 1996.

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.

Part 4--Transitional

16 Exercise of powers by AUSTEL before 1 July 1997--application charge

       (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.