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Telecommunications (Carrier Licence Charges) Act 1997

Authoritative Version
Act No. 49 of 1997 as amended, taking into account amendments up to Statute Update (Autumn 2018) Act 2018
An Act to impose charges in relation to carrier licences under the Telecommunications Act 1997
Administered by: Communications and the Arts
Registered 19 Jun 2018
Start Date 19 Jun 2018
Table of contents.

Commonwealth Coat of Arms of Australia

Telecommunications (Carrier Licence Charges) Act 1997

No. 49, 1997

Compilation No. 10

Compilation date:                              19 June 2018

Includes amendments up to:            Act No. 41, 2018

Registered:                                         19 June 2018

 

About this compilation

This compilation

This is a compilation of the Telecommunications (Carrier Licence Charges) Act 1997 that shows the text of the law as amended and in force on 19 June 2018 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

  

  

  


Contents

Part 1—Introduction                                                                                                            1

1............ Short title............................................................................................. 1

2............ Commencement................................................................................... 1

3............ Act to bind Crown.............................................................................. 1

4............ Extension to eligible Territories........................................................... 1

5............ Interpretation....................................................................................... 1

Part 2—Application charge                                                                                             3

6............ Definition of charge............................................................................ 3

7............ Imposition of charge........................................................................... 3

8............ By whom charge payable.................................................................... 3

9............ Amount of charge............................................................................... 3

10.......... Maximum charge................................................................................ 3

Part 3—Annual charge                                                                                                       4

11.......... Definition of charge............................................................................ 4

12.......... Imposition of charge........................................................................... 4

13.......... By whom charge payable.................................................................... 4

14.......... Amount of charge............................................................................... 4

15.......... Limit on total of charges...................................................................... 4

Endnotes                                                                                                                                      7

Endnote 1—About the endnotes                                                                              7

Endnote 2—Abbreviation key                                                                                  9

Endnote 3—Legislation history                                                                             10

Endnote 4—Amendment history                                                                           12


An Act to impose charges in relation to carrier licences under the Telecommunications Act 1997

Part 1Introduction

  

1  Short title

                   This Act may be cited as the Telecommunications (Carrier Licence Charges) Act 1997.

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 and of the Northern Territory.

4  Extension to eligible Territories

             (1)  This Act extends to each eligible Territory.

             (2)  The operation of this Act in relation to Norfolk Island is not affected by the amendments made by Division 1 of Part 1 of Schedule 5 to the Territories Legislation Amendment Act 2016.

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 2Application 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.

10  Maximum charge

                   The amount of charge imposed on an application for a carrier licence must not exceed $100,000.

Part 3Annual 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.

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.

             (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, but does not include functions conferred on the ACMA by or under:

                     (a)  the Do Not Call Register Act 2006; or

                     (b)  the Telecommunications Act 1997 to the extent to which that Act relates to the Do Not Call Register Act 2006; or

                     (c)  Part 6 of the Telecommunications Act 1997 to the extent to which that Part relates to telemarketing activities (within the meaning of that Part).

ACMA’s telecommunications powers has the same meaning as in the Telecommunications Act 1997, but does not include powers conferred on the ACMA by or under:

                     (a)  the Do Not Call Register Act 2006; or

                     (b)  the Telecommunications Act 1997 to the extent to which that Act relates to the Do Not Call Register Act 2006; or

                     (c)  Part 6 of the Telecommunications Act 1997 to the extent to which that Part relates to telemarketing activities (within the meaning of that Part).

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.


Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.

If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.

 

Endnote 2—Abbreviation key

 

ad = added or inserted

o = order(s)

am = amended

Ord = Ordinance

amdt = amendment

orig = original

c = clause(s)

par = paragraph(s)/subparagraph(s)

C[x] = Compilation No. x

    /sub‑subparagraph(s)

Ch = Chapter(s)

pres = present

def = definition(s)

prev = previous

Dict = Dictionary

(prev…) = previously

disallowed = disallowed by Parliament

Pt = Part(s)

Div = Division(s)

r = regulation(s)/rule(s)

ed = editorial change

reloc = relocated

exp = expires/expired or ceases/ceased to have

renum = renumbered

    effect

rep = repealed

F = Federal Register of Legislation

rs = repealed and substituted

gaz = gazette

s = section(s)/subsection(s)

LA = Legislation Act 2003

Sch = Schedule(s)

LIA = Legislative Instruments Act 2003

Sdiv = Subdivision(s)

(md) = misdescribed amendment can be given

SLI = Select Legislative Instrument

    effect

SR = Statutory Rules

(md not incorp) = misdescribed amendment

Sub‑Ch = Sub‑Chapter(s)

    cannot be given effect

SubPt = Subpart(s)

mod = modified/modification

underlining = whole or part not

No. = Number(s)

    commenced or to be commenced

 

Endnote 3—Legislation history

 

Act

Number and year

Assent

Commencement

Application, saving and transitional provisions

Telecommunications (Carrier Licence Charges) Act 1997

49, 1997

22 Apr 1997

22 Apr 1997 (s 2(1))

 

Telecommunications (Carrier Licence Charges) Amendment Act 1998

68, 1998

30 June 1998

30 June 1998 (s 2)

as amended by

 

 

 

 

Telecommunications (Carrier Licence Charges) Amendment (Industry Plans and Consumer Codes) Act 2005

116, 2005

23 Sept 2005

Sch 2: 30 June 1998 (s 2(1) item 3)

Telecommunications (Carrier Licence Charges) Amendment Act 2005

46, 2005

1 Apr 2005

Sch 1 and 2: 1 July 2005 (s 2(1) item 2)

Sch 2

Telecommunications (Carrier Licence Charges) Amendment (Industry Plans and Consumer Codes) Act 2005

116, 2005

23 Sept 2005

Sch 1: 24 Sept 2005 (s 2(1) item 2)

Sch 1 (item 10)

Do Not Call Register (Consequential Amendments) Act 2006

89, 2006

30 June 2006

Sch 1 (items 72, 73): 31 May 2007 (s 2(1) item 3)

Acts and Instruments (Framework Reform) (Consequential Provisions) Act 2015

126, 2015

10 Sept 2015

Sch 1 (item 621): 5 Mar 2016 (s 2(1) item 2)

Territories Legislation Amendment Act 2016

33, 2016

23 Mar 2016

Sch 5 (items 88, 89): 1 July 2016 (s 2(1) item 7)

Statute Update (Autumn 2018) Act 2018

41, 2018

22 May 2018

Sch 4 (item 18): 19 June 2018 (s 2(1) item 4)

 

Endnote 4—Amendment history

 

Provision affected

How affected

Part 1

 

s 3........................................

am No 41, 2018

s 4........................................

am No 33, 2016

s 5........................................

am No 46, 2005

Part 2

 

s 9........................................

am No 46, 2005; No 116, 2005; No 126, 2015

Part 3

 

s 14......................................

am No 46, 2005; No 116, 2005; No 126, 2015

s 15......................................

am No 68, 1998 (as am by No 116, 2005); No 46, 2005; No 116, 2005; No 89, 2006; No 126, 2015

Part 4...................................

rep No 46, 2005

s 16......................................

rep No 46, 2005