Telecommunications (Numbering Charges) Act 1997

No. 51, 1997

Compilation No. 10

Compilation date:                              12 December 2019

Includes amendments up to:            Act No. 41, 2018

Registered:                                         7 January 2020

This compilation includes commenced amendments made by Act No. 8, 2016

About this compilation

This compilation

This is a compilation of the Telecommunications (Numbering Charges) Act 1997 that shows the text of the law as amended and in force on 12 December 2019 (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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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

5A......... Meaning of transferred....................................................................... 3

Part 2—Allocation charges                                                                                               5

Division 1—Allocation in accordance with an allocation system          5

6............ Definition of charge............................................................................ 5

7............ Imposition of charge........................................................................... 5

8............ By whom charge payable.................................................................... 5

9............ Amount of charge............................................................................... 5

Division 2—Allocation otherwise than in accordance with an allocation system             6

10.......... Definition of charge............................................................................ 6

11.......... Imposition of charge........................................................................... 6

12.......... By whom charge payable.................................................................... 6

13.......... Amount of charge............................................................................... 6

14.......... Maximum charge................................................................................ 6

15.......... Exemption from charge....................................................................... 6

Part 3—Annual charge                                                                                                       8

16.......... Definition of charge............................................................................ 8

17.......... Holder of a number............................................................................. 8

18.......... Imposition of charge........................................................................... 8

19.......... By whom charge payable.................................................................... 9

20.......... Amount of charge............................................................................... 9

21.......... Maximum charge................................................................................ 9

22.......... Exemption from charge....................................................................... 9

Endnotes                                                                                                                                    10

Endnote 1—About the endnotes                                                                            10

Endnote 2—Abbreviation key                                                                                12

Endnote 3—Legislation history                                                                             13

Endnote 4—Amendment history                                                                           15

An Act to impose charges in relation to numbers allocated to certain carriage service providers under the Telecommunications Act 1997

Part 1—Introduction

1  Short title

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

2  Commencement

             (1)  Parts 1 and 4 commence on the day on which this Act receives the Royal Assent.

             (2)  Parts 2 and 3 commence on 1 July 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:

ACMA means the Australian Communications and Media Authority.

allocation, in relation to a number, means the allocation of the number in accordance with:

                     (a)  an allocation system; or

                     (b)  the rules and processes published by the numbering scheme manager; or

                     (c)  if there is no numbering scheme manager—the numbering plan made by the ACMA.

allocation system means a system determined under section 463 of the Telecommunications Act 1997.

carriage service provider has the same meaning as in the Telecommunications Act 1997.

eligible Territory has the same meaning as in the Telecommunications Act 1997.

number has the same meaning as in Division 2 of Part 22 of the Telecommunications Act 1997.

numbering plan has the same meaning as in the Telecommunications Act 1997.

numbering scheme manager has the same meaning as in the Telecommunications Act 1997.

ported, in relation to a number issued to a customer for a carriage service, means that the carriage service provider or the carrier network involved in providing the service, or both, is changed while the customer continues to receive the carriage service using the number.

standard telephone service has the same meaning as in the Telecommunications Act 1997.

surrendered, in relation to a number, means surrendered in accordance with:

                     (a)  the rules and processes published by the numbering scheme manager; or

                     (b)  if there is no numbering scheme manager—the numbering plan made by the ACMA.

transferred has the meanings given by section 5A.

withdrawn, in relation to a number, means withdrawn in accordance with:

                     (a)  the rules and processes published by the numbering scheme manager; or

                     (b)  if there is no numbering scheme manager—the numbering plan made by the ACMA.

5A  Meaning of transferred

          (1A)  A number is transferred if it is transferred in accordance with:

                     (a)  the rules and processes published by the numbering scheme manager; or

                     (b)  if there is no numbering scheme manager—the numbering plan made by the ACMA.

             (1)  A number is transferred between 2 carriage service providers when the number is ported from one of the providers to the other provider.

             (2)  Two carriage service providers may enter into a binding written agreement that provides that a number is transferred from one of them to the other. The carriage service providers must jointly give the ACMA written notice of the transfer, and also give the notice to the numbering scheme manager if there is one. The transfer takes effect on the later of the following:

                     (a)  the day on which the notice is given to the ACMA;

                     (b)  another day specified in the notice.

             (3)  A number is transferred at the time worked out under subsection (1), and not at the time worked out under subsection (2), if the number is ported from one carriage service provider to another when:

                     (a)  an agreement described in subsection (2) and relating to the number is in force; or

                     (b)  a notice relating to the number has been given as described in that subsection.

Part 2—Allocation charges

Division 1—Allocation in accordance with an allocation system

6  Definition of charge

                   In this Division:

charge means charge imposed by this Division.

7  Imposition of charge

                   If a number is allocated to a carriage service provider in accordance with an allocation system, charge is imposed on the allocation of the number to the provider.

8  By whom charge payable

                   Charge imposed on the allocation of a number to a carriage service provider is payable by the provider.

9  Amount of charge

                   The amount of charge imposed on the allocation of a number is equal to the amount that is the eligible amount in relation to the allocation of the number for the purposes of section 463 of the Telecommunications Act 1997.

Division 2—Allocation otherwise than in accordance with an allocation system

10  Definition of charge

                   In this Division:

charge means charge imposed by this Division.

11  Imposition of charge

                   If a number is allocated to a carriage service provider otherwise than in accordance with an allocation system, charge is imposed on the allocation of the number to the provider.

12  By whom charge payable

                   Charge imposed on the allocation of a number to a carriage service provider is payable by the provider.

13  Amount of charge

             (1)  The amount of charge imposed on the allocation of a number is the amount ascertained in accordance with a written determination made by the ACMA.

             (2)  A determination under subsection (1) is a legislative instrument.

14  Maximum charge

                   The amount of charge imposed on the allocation of a number must not exceed $100,000.

15  Exemption from charge

             (1)  A number is exempt from charge if the number is a geographic number allocated to a carriage service provider for the purposes of providing a standard telephone service to a customer.

             (2)  The ACMA may, by written determination, exempt a specified number from charge.

Note:          For specification by class, see subsection 13(3) of the Legislation Act 2003.

             (3)  A determination under subsection (2) is a legislative instrument.

Part 3—Annual charge

16  Definition of charge

                   In this Part:

charge means charge imposed by this Part.

17  Holder of a number

             (1)  For the purposes of this Part, if a number is allocated or transferred to a carriage service provider at a particular time, the provider holds the number throughout the period:

                     (a)  beginning at that time; and

                     (b)  ending when:

                              (i)  the number is subsequently withdrawn; or

                             (ii)  the number is subsequently surrendered; or

                            (iii)  the number is subsequently transferred from the provider to another carriage service provider;

                            whichever first happens.

             (2)  For the purposes of this section, the renumbering of a number does not affect the continuity of the holding of the number.

18  Imposition of charge

             (1)  If a carriage service provider holds an allocated number at the beginning of a day determined under subsection (2), charge is imposed on the number.

             (2)  Before 16 February in each year, the ACMA must determine in writing a day in April in that year.

             (3)  The ACMA must publish the determination in the Gazette before the day determined.

19  By whom charge payable

                   Charge imposed on a number is payable by the carriage service provider who holds the number.

20  Amount of charge

             (1)  The amount of charge imposed on a number held at a particular time is the amount ascertained in accordance with a written determination made by the ACMA.

             (2)  A determination under subsection (1) is a legislative instrument.

21  Maximum charge

                   The amount of charge imposed on a number held at a particular time must not exceed $100,000.

22  Exemption from charge

             (1)  A number is exempt from charge if the number is a geographic number allocated to a carriage service provider for the purposes of providing a standard telephone service to a customer.

             (2)  The ACMA may, by written determination, exempt a specified number from charge.

             (3)  A determination under subsection (2) is a legislative instrument.

Note:          For specification by class, see subsection 13(3) of the Legislation Act 2003.

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

Endnote 3—Legislation history

Endnote 4—Amendment history