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Telecommunications (Charges) Determination 2012

Authoritative Version
Determinations/Communications as amended, taking into account amendments up to Telecommunications (Charges) Amendment Determination 2017 (No. 1)
Administered by: Infrastructure, Transport, Regional Development and Communications
Registered 11 Apr 2017
Start Date 30 Mar 2017

Telecommunications (Charges) Determination 2012

 

made under subsection 60(1) of the

 

Australian Communications and Media Authority Act 2005

 

 

 

Compilation No. 3

 

Compilation date:                              30 March 2017

 

Includes amendments up to:            Telecommunications (Charges) Amendment Determination 2017 (No. 1) [F2017L00338]

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Prepared by the Australian Communications and Media Authority, Melbourne.


 

About this compilation

 

This compilation

This is a compilation of the Telecommunications (Charges) Determination 2012 that shows the text of the law as amended and in force on 30 March 2017 (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 Federal Register of Legislation (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 Federal Register of Legislation 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.

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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

 

 

 

 

 

 

 

 

 

 

 

 

 

 


 

Part 1                        Introduction

1              Name of Determination

                This Determination is the Telecommunications (Charges) Determination 2012.

2              Commencement

                This Determination commences on 1 July 2012.

Note:       All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See http://www.frli.gov.au

3              Revocation

                The following instruments are revoked:

(a)    Telecommunications (Charges) Determination 2009;

(b)   Telecommunications (Facility Installation Permit – Application Charge) Determination 2007;

(c)    Telecommunications (Facility Installation Permit – Public Inquiry Charges) Determination 2007;

(d)   Telecommunications (Nominated Carrier Declaration Application Charge) Determination 2007;

(e)    Telecommunications (Protection Zone and Submarine Cable Permit — Application Charges) Determination 2008.

4              Interpretation

In this Determination:

                ACMA means the Australian Communications and Media Authority.

                ACMA Act means the Australian Communications and Media Authority Act 2005.

ACMA staff has the same meaning as in the ACMA Act.

ACMA workers:

(a)      means:

(i)        the ACMA staff;

(ii)      officers or employees of an authority of the Commonwealth whose services are made available for the purposes of the ACMA under section 55 of the ACMA Act;

(iii)     the Chair and other ACMA members appointed under section 20 of the ACMA Act;

   but

(b)      does not include associate members of the ACMA appointed under section 24 of the ACMA Act.

associate members means the members appointed under section 24 of the ACMA Act.

Australian waters has the same meaning as in clause 2 of Schedule 3A to the Telecommunications Act.

authority of the Commonwealth has the same meaning as in section 55 of the ACMA Act.

carrier has the same meaning as in the Telecommunications Act.

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

certification body has the same meaning as in section 410 of the Telecommunications Act.

enhanced rights of use has the same meaning as in the numbering plan.

EROU applicant has the same meaning as in subsection 73(1) of the numbering plan.

EROU-holder has the same meaning as in the numbering plan.

facility installation permit means a permit, as described in clause 21 of Schedule 3 to the Telecommunications Act, authorising a carrier to carry out the installation of one or more facilities.

facility installation permit application means an application under clause 21 of Schedule 3 to the Telecommunications Act for a facility installation permit.

geographic number has the same meaning as in the numbering plan.

                members means the members appointed under section 20 of the ACMA Act.

non-protection zone installation permit has the same meaning as in clause 2 of Schedule 3A to the Telecommunications Act.

                non-protection zone installation permit application means an application under clause 64 of Schedule 3A to the Telecommunications Act for a non-protection zone installation permit.

numbering plan means the Telecommunications Numbering Plan 2015.

protection zone has the same meaning as in clause 2 of Schedule 3A to the Telecommunications Act.

                protection zone (declaration) request means a request under clause 5 of Schedule 3A to the Telecommunications Act that the ACMA declare a protection zone.

protection zone installation permit has the same meaning as in clause 2 of Schedule 3A to the Telecommunications Act.

                protection zone installation permit application means an application under clause 51 of Schedule 3A to the Telecommunications Act for a protection zone installation permit.

                protection zone (revocation) request means a request under clause 24 of Schedule 3A to the Telecommunications Act that the ACMA revoke a declaration of a protection zone.

                protection zone (variation) request means a request under clause 24 of Schedule 3A to the Telecommunications Act that the ACMA vary a declaration of a protection zone.

public inquiry means a public inquiry held by the ACMA under subclause 25 (2) of Schedule 3 to the Telecommunications Act in relation to a facility installation permit.

registered carriage service provider has the same meaning as in the numbering plan.

Remuneration Tribunal means the tribunal established under subsection 4 (1) of the Remuneration Tribunal Act 1973.

standard unit has the same meaning as in the numbering plan.

submarine cable has the same meaning as in clause 2 of Schedule 3A to the Telecommunications Act.

Telecommunications Act means the Telecommunications Act 1997.

unassigned unallocated smartnumber has the same meaning as in the numbering plan.

Part 2              Charges for services or matters under the Telecommunications Act

5              Purpose of Determination

                Under subsection 60 (1) of the ACMA Act, the ACMA may make determinations fixing charges for:

(a)    services provided by the ACMA; and

(b)   any matter in relation to which expenses are incurred by the ACMA under the Acts specified in the subsection (including the Telecommunications Act) or in an instrument made under such an Act (including the numbering plan);

                and specifying the persons by whom, and the times when, the charges are payable.

                The purpose of this Determination is to fix the charges for certain matters under the Telecommunications Act, and certain instruments made under the Telecommunications Act (including the numbering plan), which are set out in Schedule 1.

6              Charges relating to ACMA’s costs

                For the purposes of section 60 of the ACMA Act, the charge mentioned in column 3 of an item in Schedule 1 is the charge fixed for:

(a)    provision of a service or matter mentioned in column 2 of that item; or

(b)   the service or matter mentioned in column 2 of the item, in relation to which expenses are incurred, or to be incurred, by the ACMA,

                as the case requires.

7              Hourly rate of charge

                For this Determination, the hourly rate of charge for each person providing a service or matter to which the rate applies is:

(a)    for a total period less than 1 hour — the greater of:

(i)     $101; and

(ii)   the proportion of $202 equal to the proportion of an hour for which charge is to be made; and

(b)   for each completed hour — $202; and

(c)    for a part of an hour after a completed hour — the proportion of $202 equal to the proportion of an hour for which charge is to be made.

7A           Special rules – refund of numbering plan application charge

                If a person:

(a)    makes the application mentioned in column 2 of item 3.1 of Part 3 of Schedule 1; and

(b)   the ACMA decides not to approve the application;

                the ACMA must refund any payment of the charge mentioned in column 3 of the item.

8              Special rules – charges for facility installation permit applications (not relating to public inquiry)

(1)   This section applies if a deposit is paid under item 4.1 of Schedule 1 (the deposit).

(2)   If:

(a)    1 or more amounts are payable under item 4.2 of Schedule 1; and

(b)   the aggregate of those amounts is less than the deposit,

the amounts referred to in paragraph (a) will be deducted from the deposit, and the ACMA must refund the difference to the applicant.

(3)   If:

(a)    1 or more amounts are payable under item 4.2 of Schedule 1; and

(b)   the aggregate of those amounts is greater than the deposit,

the applicant must pay the difference under subparagraph 12 (1) (c) (i).

9              Special rules – charges for facility installation permit applications (relating to public inquiry)

(1)   This section applies if a deposit is paid under item 5.1 of Schedule 1 (the public inquiry deposit).

(2)   If:

(a)    1 or more amounts are payable under items 5.2 or 5.3 of Schedule 1; and

(b)   the aggregate of those amounts is less than the public inquiry deposit,

the amounts mentioned in paragraph (a) will be deducted from the public inquiry deposit, and the ACMA must refund the difference to the applicant.

(3)   If:

(a)    1 or more amounts are payable under items 5.2 or 5.3 of Schedule 1; and

(b)   the aggregate of those amounts is greater than the public inquiry deposit,

the applicant must pay the difference under subparagraph 12 (1) (c) (ii).

10            Special rules – charges payable in relation to a request for a declaration, variation or revocation of a protection zone

(1)   This section applies if a deposit is paid under items 6.1 or 6.2 of Schedule 1 (the protection zone deposit).

(2)   If:

(a)    1 or more amounts are payable under items 6.3 or 6.4 of Schedule 1; and

(b)   the aggregate of those amounts is less than the protection zone deposit,

the amounts mentioned in paragraph (a) will be deducted from the protection zone deposit, and the ACMA must refund the difference to the applicant.

(3)   If:

(a)    1 or more amounts are payable under items 6.3 or 6.4 of Schedule 1; and

(b)   the aggregate of those amounts is greater than the protection zone deposit,

the applicant must pay the difference under subparagraph 12 (1) (c) (iii).

11            Special rules – charges payable in relation to an application for a permit to install a submarine cable

(1)   This section applies if a deposit is paid under item 7.4 of Schedule 1 (the submarine cable deposit).

(2)   If:

(a)    1 or more amounts are payable under item 7.5 of Schedule 1; and

(b)   the aggregate of those amounts is less than the submarine cable deposit,

the amounts mentioned in paragraph (a) will be deducted from the submarine cable deposit, and the ACMA must refund the difference to the applicant.

(3)   If:

(a)    1 or more amounts are payable under item 7.5 of Schedule 1; and

(b)   the aggregate of those amounts is greater than the submarine cable deposit,

the applicant must pay the difference under subparagraph 12 (1) (c) (iv).

12            By whom and when is a charge payable?

(1)   The charges are payable by the applicant:

(a)    in the case of a charge mentioned in items 1.1, 3.2, 4.1, 6.1, 6.2, 7.1, 7.2, 7.3, 7.4 or 7.6 of Schedule 1 — when the application is made;

(aa) in the case of a charge mentioned in item 3.1 of Schedule 1:

(i)     for an application made under Part 2 of Chapter 6 of the numbering plan – in accordance with subsection 58 (6) of the numbering plan;

(ii)   for an application made under Part 3 of Chapter 6 of the numbering plan – in accordance with subsection 63 (6) of the numbering plan.

(b)   in the case of a charge mentioned in item 5.1 of Schedule 1 within 7 days of the applicant being notified by the ACMA of the intention to hold a public inquiry in relation to the facility installation permit application;

(c)    in the case of a charge mentioned in:

(i)     subsection 8 (3) in relation to item 4.2 of Schedule 1;

(ii)   subsection 9 (3) in relation to items 5.2 or 5.3 of Schedule 1;

(iii) subsection 10 (3) in relation to items 6.3 or 6.4 of Schedule 1; or

(iv) subsection 11 (3) in relation to item 7.5 of Schedule 1,

by the due date specified in an invoice issued by the ACMA to the applicant for the charge; and

(d)   in any other case in which a charge is payable at the hourly rate or on the basis of actual costs — by the due date specified in an invoice issued by the ACMA to the applicant for the charge.

(2)   In the case of a charge mentioned in item 3.3 of Schedule 1, the charge is payable by the person registering to use the electronic system immediately before registration.

Part 3                 Transitional arrangements

13            Transitional arrangements – facility installation permit applications (not relating to public inquiry)

If:

(a)    prior to 1 July 2012, a deposit was paid under item 1 of Schedule 1 to the Telecommunications (Facility Installation Permit – Application Charge) Determination 2007; and

(b)   as at 1 July 2012 — the deposit has not been reduced to nil,

then section 8 applies to the residue of the deposit as if it was the deposit mentioned in that section.

14            Transitional arrangements – facility installation permit applications (relating to public inquiry)

If:

(a)    prior to 1 July 2012, a deposit was paid under item 1 of Schedule 1 to the Telecommunications (Facility Installation Permit – Public Inquiry Charges) Determination 2007; and

(b)   as at 1 July 2012 — the deposit has not been reduced to nil,

then section 9 applies to the residue of the deposit as if it was the public inquiry deposit mentioned in that section.

15            Transitional arrangements – request for a declaration, variation or revocation of a protection zone

If:

(a)    prior to 1 July 2012, a deposit was paid under items 1 or 2 of Schedule 1 to the Telecommunications (Protection Zone and Submarine Cable Permit — Application Charges) Determination 2008; and

(b)   as at 1 July 2012 — the deposit has not been reduced to nil,

then section 10 applies to the residue of the deposit as if it was the protection zone deposit mentioned in that section.

16            Transitional arrangements – application for a permit to install a submarine cable

If:

(a)    prior to 1 July 2012, an amount was paid under item 4 of Schedule 2 to the Telecommunications (Protection Zone and Submarine Cable Permit — Application Charges) Determination 2008; and

(b)   as at 1 July 2012 — the amount has not been reduced to nil,

then section 11 applies to the residue of the amount as if it was the submarine cable deposit mentioned in that section.

17            Transitional arrangements – numbering plan

(1)   If:

(a)    an application is made under the Telecommunications Numbering Plan 1997 before the commencement of this section; and

(b)   section 135 of the numbering plan requires the application to be dealt with in accordance with the Telecommunications Numbering Plan 1997 as if the instrument had not been repealed;

the Telecommunications (Charges) Determination 2012 as in force immediately before the commencement of this section applies to the application.

Note          The amendments made by Schedule 2 to the Telecommunications (Charges) Amendment Determination 2015 (No. 1) only apply to applications made after sections 5 to 135 of, and Schedules 1 to 8 to, the numbering plan commence.

(2)   If:

(a)    an application for registration is made under a legislative instrument in force under subsection 463(1) of the Telecommunications Act before the commencement of this section; and

(b)   a decision had not been made on the application when this section commenced;

then:

(c)    the Telecommunications (Freephone and Local Rate Number Auctions – Registration Charge) Determination 2007 applies to the application as if that instrument had not been repealed; and

(d)   the charge mentioned in item 3.3 of Schedule 1 does not apply to the application.

Note 1       Before the commencement of this section, the Telecommunications (Freephone and Local Rate Number) Allocation Determination 2007 (No. 1), made under subsection 463(1) of the Telecommunications Act, allowed a person to be registered in relation to becoming an EROU applicant.

Note 2       The amendments made by Schedule 2 to the Telecommunications (Charges) Amendment Determination 2015 (No. 1) only apply to registrations that occur after sections 5 to 135 of, and Schedules 1 to 8 to, the numbering plan commence.

 

 


Schedule 1     Charges payable

(sections 6, 7, 8, 9, 10, 11, 12, 13, 14, 15 and 16)

  

Part 1             Nominated carrier declaration charges

 

Column 1

Item

Column 2

Matter

Column 3

Charge

1.1

Making an application mentioned in section 77 of the Telecommunications Act for a nominated carrier declaration in relation to one or more specified network units

$2 375

 


 

Part 2                         Charges payable in relation to certain connection permits and labelling certifications

 

Column 1

Item

Column 2

Matter

Column 3

Charge

2.1

Considering an application made under subsection 390 (1) of the Telecommunications Act for a connection permit for the connection of customer equipment

Hourly rate

2.2

Considering an application made under subsection 390 (2) of the Telecommunications Act for a connection permit for the connection of customer cabling

Hourly rate

2.3

Activities of an ACMA officer acting as a certification body in connection with dealing with an application for a written statement under paragraph 408 (5) (a) of the Telecommunications Act

Hourly rate

 


 

Part 3             Charges payable in relation to applications for numbers under the numbering plan

 

Column 1

Item

Column 2

Matter

Column 3

Charge

3.1

Making an application mentioned in paragraph 457 (1) (a) of the Telecommunications Act for the allocation of a number otherwise than in accordance with an allocation system determined under section 463 of the Telecommunications Act

  (1)  For an application made under Part 2 of Chapter 6 of the numbering plan for allocation of one or more standard units of geographic numbers — $35.00

   (2)  For an application made under Part 3 of Chapter 6 of the numbering plan for allocation of one or more geographic numbers — $35.00

 

 

  (3)  For any other application made under the numbering plan for allocation of a numberzero

 

3.2

Making an application under subsection 121(1) of the numbering plan for registration of a carriage service provider under section 122 of the numbering plan

$35.00

3.3

Registering to use the electronic system, made available by the ACMA, for EROU applicants to apply with a registered carriage service provider under section 73 of the numbering plan for the initial allocation of an unassigned unallocated smartnumber, and for EROU-holders to manage their enhanced rights of use

$35.00

Note           An allocation charge may also be imposed on the allocation of a number under the Telecommunications (Numbering Charges) Act 1997.

 


 

Part 4             Facility installation permits – application charges

 

Column 1

Item

Column 2

Matter

Column 3

Charge

4.1

Deposit to accompany a facility installation permit application

$7 474

4.2

Activities of ACMA workers in connection with dealing with a facility installation permit application that do not relate to the conduct of a public inquiry in relation to the permit

Hourly rate

 

 

Part 5             Facility installation permits – public inquiry charges

 

Column 1

Item

Column 2

Matter

Column 3

Charge

5.1

Deposit payable on account of the expenses to be incurred by the ACMA for the holding of a public inquiry in relation to the issuing of a facility installation permit

$54 540

5.2

Activities of ACMA workers in relation to the holding of the public inquiry in relation to the issuing of a facility installation permit

Hourly rate

5.3

Any other expenses incurred by the ACMA not included in item 5.2 in relation to the holding of the public inquiry in relation to the issuing of a facility installation permit, including the following:

(a)    daily payments to members or associate members under a determination made by the Remuneration Tribunal;

(b)   travel costs and allowances to members, associate members or ACMA staff;

(c)    transcript costs;

(d)   legal costs;

(e)    consultant costs;

(f)    costs associated with the hire of venues for public hearings

Actual costs

 

 

Part 6                         Charges payable to declare, vary or revoke a protection zone

 

Column 1

Item

Column 2

Matter

Column 3

Charge

6.1

Deposit payable on account of the expenses to be incurred by the ACMA in relation to a protection zone (declaration) request

$200 000

6.2

Deposit payable on account of the expenses to be incurred by the ACMA in relation to a protection zone (revocation) request or a protection zone (variation) request

$147 000

6.3

Charges for the activities of ACMA staff in relation to a:

(a)    protection zone (declaration) request;

(b)   protection zone (revocation) request;

(c)    protection zone (variation) request

Hourly rate

6.4

External costs incurred by the ACMA in relation to a protection zone (declaration) request, protection zone (revocation) request or protection zone (variation) request including, but not limited to, the following:

(a)    advertising costs;

(b)   venue hire and catering costs;

(c)    travel expenses;

(d)   consultation costs

Actual costs

 

Part 7                         Charges payable in relation to certain permits to install a submarine cable

 

Column 1

Item

Column 2

Matter

Column 3

Charge

7.1

Protection zone installation permit application — charge for the purposes of clause 53 of Schedule 3A to the Telecommunications Act, in relation to considering and processing a protection zone installation permit application

$4 040 for each submarine cable the subject of the application

7.2

Protection zone installation permit —considering and processing an application under clause 61 of Schedule 3A to the Telecommunications Act to extend the duration of a protection zone installation permit

$1 414

7.3

Non‑protection zone installation permit application — charge for the purposes of clause 66 of Schedule 3A to the Telecommunications Act, in relation to considering and processing a non-protection zone installation permit application, excluding the additional charges mentioned at items 7.4 and 7.5

$5 959 for each submarine cable the subject of the application

7.4

Non‑protection zone installation permit application — deposit payable on account of the charges at item 7.5

$25 000

7.5

Non-protection zone installation permit application — charge for the purposes of clause 66 of Schedule 3A to the Telecommunications Act, in relation to external costs for the use of external consultants in considering a non-protection zone installation permit application

Actual costs

7.6

Non‑protection zone installation permit — considering and processing an application under clause 76 of Schedule 3A to the Telecommunications Act to extend the duration of a non-protection zone installation permit

$1 414

 


Endnotes

Endnote 1 – About the endnotes

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

Endnote 2 (Abbreviation key) sets out abbreviations that may be used in the endnotes.

Endnote 3 (Legislation history) 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.

Endnote 4 (Amendment history) provides information about the amendments at the provision (generally section or equivalent) level and includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law. 

It also includes information about any misdescribed amendment (that 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

rep = repealed

am = amended

rs = repealed and substituted

 

Endnote 3—Legislation history

Title

Registration

Commencement Date

Application, saving or
transitional provisions

Telecommunications (Charges) Determination 2012

18 June 2012 (F2012L01231)

1 July 2012 (s 2)

 

Telecommunications (Charges) Amendment Determination 2015 (No. 1)

16 July 2015 (F2015L01153)

Sections 1 to 3, and Schedule 1: 17 July 2015 (s 2)

 

Sections 4 to 5, and Schedule 2: 1 August 2015 (see s 2 and F2015L01199)

 

Telecommunications (Charges) Amendment Determination 2017 (No. 1)

29 March 2017

(F2017L00338)

30 March 2017 (s 2)

 

 

Endnote 4       Amendment history

 

Provision affected

How affected

s. 4

am. F2015L01153

 

s. 5

rs. F2015L01153

 

s. 7

rs F2017L00338

 

s. 7A

ad. F2015L01153

 

s. 8

am. F2015L01153

 

s. 9

am. F2015L01153

 

s. 10

am. F2015L01153

 

s. 11

am. F2015L01153

 

s. 12

am. F2015L01153

 

s. 17

ad. F2015L01153

 

Schedule 1

 

 

Part 1

am. F2017L00338

 

Part 3

rs. F2015L01153; am. F2017L00338

 

Part 4

am. F2017L00338

 

Part 5

am. F2017L00338

 

Part 6

am. F2017L00338

 

Part 7

rs. F2015L01153; am. F2017L00338