Federal Register of Legislation - Australian Government

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SR 1991 No. 358 Regulations as amended, taking into account amendments up to SR 1996 No. 157
Registered 12 Apr 2010
Start Date 30 Jun 1996
End Date 29 Jun 1996
Date of repeal 07 Jan 1998
Repealed by Repeal of the enabling legislation by Telecommunications (Carrier Licence Fees) Termination Act 1997

TELECOMMUNICATIONS (CARRIER LICENCE FEES) REGULATIONS
(#DATE 20:08:1996)

- In force under the Telecommunications (Carrier Licence Fees) Act 1991
- Updated as at 20 August 1996
*1* The Telecommunications (Carrier Licence Fees) Regulations (in force under the Telecommunications (Carrier Licence Fees) Act 1991) as shown in this reprint comprise Statutory Rules 1991 No. 358 amended as indicated in the Tables below.
Table of Statutory Rules
Year and Date of Date of Application
Number Notification commencement saving or
in Gazette transitional
provisions
1991 No. 358 25 Nov 1991 25 Nov 1991
1992 No. 227 30 June 1992 30 June 1992 -
1994 No. 225 30 June 1994 30 June 1994 -
1995 No. 219 30 June 1995 30 June 1995 -
1996 No. 157 24 July 1996 30 June 1996 -
Table of Amendments
ad=added or inserted am=amended rep=repealed rs=repealed and substituted
Provision affected How affected
R. 2 am. 1992 No. 227; 1994 No. 225; 1995 No. 219
R. 3 am. 1992 No. 227; 1995 No. 219
R. 4 ad. 1995 No. 219
rs. 1996 No. 157
#ADD 5:9:1996

TELECOMMUNICATIONS (CARRIER LICENCE FEES) REGULATIONS - TABLE OF PROVISIONS

TABLE

TABLE OF PROVISIONS
Regulation
1. Citation
2. Interpretation
3. Amount of licence fee
4. Limit on annual fees-proportion of Commonwealth's
contribution to ITU budget

TELECOMMUNICATIONS (CARRIER LICENCE FEES) REGULATIONS - REG 1
Citation

1. These Regulations may be cited as the Telecommunications (Carrier Licence Fees) Regulations.*1* SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .

TELECOMMUNICATIONS (CARRIER LICENCE FEES) REGULATIONS - REG 2
Interpretation

2. (1) In these Regulations, unless the contrary intention appears:
"Act" means the Telecommunications (Carrier Licence Fees) Act 1991;
"carrier's traffic share", in relation to a particular carrier, means the figure worked out using the formula:
particular carrier's timed traffic;
all carriers' timed traffic
"excluded money", in relation to AUSTEL, means the sum of:
(a) the amount of expenditure by AUSTEL in the relevant financial year on public inquiries that:
(i) are held under Part 14 of the Telecommunications Act 1991;
and
(ii) do not relate to the regulation of the activities of a
holder of a general telecommunications licence and public mobile licence; and
(b) the amount payable to AUSTEL in the relevant financial year from any source, other than:
(i) the RFY appropriation; and
(ii) fees payable under the Act; and
(c) the received fees;
"ITU component", in relation to a fee that is payable under the Act in a calendar year, means the amount determined under regulation 4 for the calendar year;
"predecessor", in relation to a carrier, means a body to which the carrier is, under paragraph 11 (c) of the Australian and Overseas Telecommunications Corporation Act 1991, in law a successor;
"proportional fee", in relation to a person who does not hold a general telecommunications licence or a public mobile licence for the whole of a financial year, means an amount calculated using the formula:
$500,000 x number of days for which licence is held;
365
"PY appropriation", in relation to a fee that is payable under the Act in a calendar year, means the total of all amounts appropriated for the purposes of AUSTEL in the financial year that ends on 30 June in the calendar year;
"received fees", in relation to AUSTEL, means the sum of the amounts of:
(a) $500,000; or
(b) if the proportional fee applies-the proportional fee;
for each general telecommunications licence and public mobile licence in force at any time during the financial year that ends on 30 June in the calendar year in which a fee is payable under the Act;
"relevant financial year", in relation to a fee that is payable under the Act in a calendar year, means the financial year that ends on 30 June of the calendar year immediately before that calendar year;
"RFY appropriation", in relation to a fee that is payable under the Act in a calendar year, means the total of all amounts appropriated for the purposes of AUSTEL in the relevant financial year.


(2) For the purposes of the formula in the definition of "carrier's traffic share" in subregulation (1):
(a) "particular carrier's timed traffic", in relation to a particular carrier, means the total duration (expressed in minutes) of all timed traffic, within the meaning of section 305 of the Telecommunications Act 1991, in Australia in the relevant financial year, being traffic that is carried by:
(i) the particular carrier; and
(ii) any predecessor of the particular carrier;
(b) "all carriers' timed traffic" means the total duration (expressed in minutes) of all timed traffic, within the meaning of section 305 of the Telecommunications Act 1991, in Australia in that financial year, being traffic that is carried by:
(i) any carrier (including the particular carrier); and
(ii) any predecessor of a carrier mentioned in subparagraph
(i).

TELECOMMUNICATIONS (CARRIER LICENCE FEES) REGULATIONS - REG 3
Amount of licence fee

3. (1) Subject to this regulation, for the purposes of section 4 of the Act, the amount of the fee to be paid by the holder of a general telecommunications licence or a public mobile licence, by way of tax in respect of the licence, is the sum of $500,000 (or, if the proportional fee applies, the proportional fee) and:
(a) an amount calculated using the formula:
((RFY appropriation - excluded money) + ITU component) x carrier's traffic
share; or
(b) if the amount calculated under paragraph (a) is a negative amount-nil.


(2) Subject to subregulation (3), if the total of the amounts calculated under subregulation (1) in relation to each holder of a general telecommunications licence or a public mobile licence is greater than the sum of the PY appropriation and the ITU component, the amount of the fee to be paid by each holder of a general telecommunications licence and public mobile licence, by way of tax in respect of the licence, is the sum of:
(a) $500,000, or, if the proportional fee applies, the proportional fee, and:
(b) an amount calculated using the formula:
((PY appropriation - received fees) + ITU component) x carrier's traffic
share.


(3) In spite of subregulations (1) and (2), if, for the purpose of calculating a fee under these Regulations, the amount of the received fees is greater than the amount of the sum of the PY appropriation and the ITU component, the amount of the fee to be paid by each holder of a general telecommunications licence or a public mobile licence, by way of tax in respect of the licence, is an amount calculated using the formula:
(PY appropriation + ITU component) x carrier's traffic share.

TELECOMMUNICATIONS (CARRIER LICENCE FEES) REGULATIONS - REG 4
Limit on annual fees-proportion of Commonwealth's contribution to ITU budget

4. (1) For the purposes of paragraph 6 (b) of the Act, the amount determined for a calendar year is the product of:
(a) the Commonwealth's contribution to the budget of the ITU for that calendar year; and
(b) the number (rounded to 2 decimal places) obtained using the formula:
T
T + R;
where:
T is the amount of the budget of the ITU's Telecommunication Standardization sector for that calendar year; and
R is the amount of the budget of the ITU's Radiocommunication sector for that calendar year.


(2) In this regulation, "ITU" means the International Telecommunication Union