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Telecommunications (Industry Levy) Act 2012

Authoritative Version
Act No. 45 of 2012 as amended, taking into account amendments up to Statute Update (Autumn 2018) Act 2018
An Act to impose a levy to support the provision of public interest telecommunications services, and for related purposes
Administered by: Communications and the Arts
Registered 19 Jun 2018
Start Date 19 Jun 2018

Commonwealth Coat of Arms of Australia

Telecommunications (Industry Levy) Act 2012

No. 45, 2012

Compilation No. 3

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 (Industry Levy) Act 2012 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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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—Preliminary                                                                                                             1

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

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

4............ Act to bind Crown.............................................................................. 2

Part 2—Levy for the 2014‑15 financial year and later financial years 3

4A......... Definitions.......................................................................................... 3

4B......... Extension to external Territories.......................................................... 3

4C......... Imposition of levy............................................................................... 3

4D......... Amount of levy................................................................................... 4

4E.......... Person liable to pay levy..................................................................... 4

Endnotes                                                                                                                                      5

Endnote 1—About the endnotes                                                                              5

Endnote 2—Abbreviation key                                                                                  7

Endnote 3—Legislation history                                                                               8

Endnote 4—Amendment history                                                                             9


An Act to impose a levy to support the provision of public interest telecommunications services, and for related purposes

Part 1Preliminary

  

1  Short title

                   This Act may be cited as the Telecommunications (Industry Levy) Act 2012.

2  Commencement

             (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.

 

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1.  Sections 1 and 2 and anything in this Act not elsewhere covered by this table

The day this Act receives the Royal Assent.

16 April 2012

2.  Sections 3 to 8

At the same time as section 3 of the Telecommunications Universal Service Management Agency Act 2012 commences.

1 July 2012

Note:          This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.

             (2)  Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.

4  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. However, it does not bind the Crown in right of the Commonwealth.

Part 2Levy for the 2014‑15 financial year and later financial years

  

4A  Definitions

                   In this Part:

eligible levy period has the same meaning as in the Telecommunications (Consumer Protection and Service Standards) Act 1999.

levy amount has the same meaning as in the Telecommunications (Consumer Protection and Service Standards) Act 1999.

person has the same meaning as in the Telecommunications Act 1997.

Note:          See also subsection 5(1) of the Telecommunications (Consumer Protection and Service Standards) Act 1999.

4B  Extension to external Territories

             (1)  This Part extends to each external Territory referred to in subsection 10(1) of the Telecommunications Act 1997.

Note:          See also section 7 of the Telecommunications (Consumer Protection and Service Standards) Act 1999.

             (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.

4C  Imposition of levy

                   If a person has a levy amount for an eligible levy period because of section 50 of the Telecommunications (Consumer Protection and Service Standards) Act 1999, levy is imposed on that amount.

4D  Amount of levy

                   The amount of a levy that this Part imposes on a levy amount for an eligible levy period is equal to that levy amount.

4E  Person liable to pay levy

                   Levy imposed by this Part on a person’s levy amount for an eligible levy period is payable by the person.


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 (Industry Levy) Act 2012

45, 2012

16 Apr 2012

s 3–8: 1 July 2012 (s 2(1) item 2)
Remainder: 16 Apr 2012 (s 2(1) item 1)

 

Telecommunications (Industry Levy) Amendment Act 2015

37, 2015

13 Apr 2015

Sch 1: 1 July 2015 (s 2(1) item 2)

Sch 1 (item 5)

Territories Legislation Amendment Act 2016

33, 2016

23 Mar 2016

Sch 5 (items 90–92): 1 July 2016 (s 2(1) item 7)

Statute Update (Autumn 2018) Act 2018

41, 2018

22 May 2018

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

 

Endnote 4—Amendment history

 

Provision affected

How affected

Part 1

 

Part 1 heading......................

ad No 37, 2015

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

rep No 37, 2015

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

am No 41, 2018

Part 2

 

Part 2...................................

ad No 37, 2015

s 4A.....................................

ad No 37, 2015

s 4B.....................................

ad No 37, 2015

 

am No 33, 2016

s 4C.....................................

ad No 37, 2015

s 4D.....................................

ad No 37, 2015

s 4E.....................................

ad No 37, 2015

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

rep No 37, 2015

s 6........................................

rep No 37, 2015

s 7........................................

rep No 37, 2015

s 8........................................

rep No 37, 2015