Federal Register of Legislation - Australian Government

Primary content

A Bill for an Act to terminate the imposition of fees under the Telecommunications (Carrier Licence Fees) Act 1991, and for related purposes
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Introduced HR 05 Dec 1996

Telecommunications (Carrier Licence Fees) Termination Bill 1996
First Reading

1996

The Parliament of the

Commonwealth of Australia

HOUSE OF REPRESENTATIVES

Presented and read a first time

Telecommunications (Carrier Licence Fees) Termination Bill 1996

No. , 1996

(Communications and the Arts)

A Bill for an Act to terminate the imposition of fees under the Telecommunications (Carrier Licence Fees) Act 1991, and for related purposes

9615520--1,025/30.10.1996--(155/96) Cat. No. 96 5379 1 ISBN 0644 481137

Contents

1       Short title

2       Commencement

3       Schedule(s)

Schedule 1--Amendments       

Telecommunications (Carrier Licence Fees) Act 1991       

Schedule 2--Repeal of the Telecommunications (Carrier Licence Fees) Act 1991       

Telecommunications (Carrier Licence Fees) Act 1991       

A Bill for an Act to terminate the imposition of fees under the Telecommunications (Carrier Licence Fees) Act 1991, and for related purposes

The Parliament of Australia enacts:

1 Short title

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

2 Commencement

       (1) Subject to this section, this Act commences on the day on which it receives the Royal Assent.

       (2) Schedule 2 commences on 1 July 1998.

3 Schedule(s)

        Subject to section 2, each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

Schedule 1--Amendments
Telecommunications (Carrier Licence Fees) Act 1991

1 Section 4

Repeal the section, substitute:

4 Fees for carrier licences

        If a person:

       (a) held a general telecommunications licence or a public mobile licence immediately before 1 July 1997; or

       (b) ceased to hold such a licence at any time during the period:

       (i) beginning on 2 July 1996; and

       (ii) ending immediately before 1 July 1997;

the person must pay to the Commonwealth, by way of tax in respect of the licence, on 1 July 1997, a fee of an amount determined in accordance with the regulations as in force immediately before 1 July 1997.

2 Paragraph 6(a)

Before "all amounts", insert "in any case--".

3 Paragraph 6(b)

Before "an amount", insert "in any case--".

4 Paragraph 6(b)

Omit "carriers.", substitute "carriers; and".

5 At the end of section 6

Add:

       (c) in the case of the fees that become payable under this Act on 1 July 1997--the amount determined, by a written instrument made by the ACCC, to be the proportion of the ACCC's appropriation for the financial year ending on 30 June 1997 that is attributable to the ACCC's special telecommunications functions and powers.

       (2) An instrument under paragraph (1)(c) must be notified in the Gazette before 1 July 1997.

       (3) An instrument under paragraph (1)(c) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.

       (4) In this section:

ACCC means the Australian Competition and Consumer Commission.

ACCC's appropriation, in relation to a financial year, means the total of the amounts appropriated, in respect of the financial year, for the purposes of the ACCC.

ACCC's special telecommunications functions and powers means the functions and powers conferred on the ACCC by or under any of the following provisions:

       (a) a provision of the Telecommunications Act 1996;

       (b) a provision of Part XIB of the Trade Practices Act 1974;

       (c) a provision of Part XIC of the Trade Practices Act 1974;

       (d) a provision of Part 3 of the Telecommunications (Transitional Provisions and Consequential Amendments) Act 1996;

and includes anything done by the ACCC (whether before or after the commencement of this subsection) in preparation for the commencement of such a provision.

6 Transitional--regulations

(1)       This item applies to regulations made for the purposes of section 4 of the Telecommunications (Carrier Licence Fees) Act 1991 that were in force immediately before 1 July 1997.

(2)       The regulations have effect as if they had been made for the purposes of section 4 of the Telecommunications (Carrier Licence Fees) Act 1991 as amended by this Act.

Schedule 2--Repeal of the Telecommunications (Carrier Licence Fees) Act 1991
Telecommunications (Carrier Licence Fees) Act 1991

1 The whole of the Act

Repeal the Act.