Commonwealth of Australia coat of arms

 

Telecommunications (Charges) Determination 2022

 

made under subsection 60(1) of the

Australian Communications and Media Authority Act 2005

 

 

Compilation No.  3

Compilation date:   9 August 2025

Includes amendments: F2025L00911

 

 

 

 

 

 

 

 

 

Prepared by the Australian Communications and Media Authority, Melbourne

 

 

About this compilation

This compilation

This is a compilation of the Telecommunications (Charges) Determination 2022 that shows the text of the law as amended and in force on 9 August 2025 (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. The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au).

Application, saving and transitional provisions

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. Any modifications affecting the law are accessible on the Register.

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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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

  This is the Telecommunications (Charges) Determination 2022.

  This instrument is made under subsection 60(1) of the Australian Communications and Media Authority Act 2005.

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

carriage service provider has the same meaning as in section 87 of the Telecommunications Act.

carrier has the same meaning as in section 7 of 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 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.

  hourly rate: see section 8.  

nominated carrier declaration has the same meaning as in section 7 of the Telecommunications 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

  1.     the Telecommunications Numbering Plan 2025; or
  2.     if an instrument made under subsection 455(1) of the Telecommunications Act replaces the instrument mentioned in paragraph (a) – the later instrument.

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.

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.

Note: The following expressions used in this instrument are defined in the ACMA Act:

  In this instrument, unless the contrary intention appears:

  1.     a reference to any other legislative instrument is a reference to that other legislative instrument as in force from time to time; and
  2.     a reference to any other kind of instrument is a reference to that other instrument as in force at the commencement of this instrument.

Note 1: For references to Commonwealth Acts, see section 10 of the Acts Interpretation Act 1901; and see also subsection 13(1) of the Legislation Act 2003 for the application of the Acts Interpretation Act 1901 to legislative instruments.

Note 2: All Commonwealth Acts and legislative instruments are registered on the Federal Register of Legislation.

Part 2 Charges for services or matters under the Telecommunications Act

(1) 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).

(2) This instrument fixes the charges that are to be applied in relation to:

(a) services provided; and

(b) expenses incurred,

by the ACMA in performing its functions or exercising its powers under the Telecommunications Act and instruments made under that Act.

  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.

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

(a) for each completed hour – $239; and

(b) for a part of an hour – the proportion of $239 equal to the proportion of an hour for which charge is to be made. 

  If a person:

(a) makes the application mentioned in column 2 of item 2.1 of Part 2 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.

(1) This section applies if a deposit is paid under item 3.1 of Schedule 1 (the deposit).

(2) If:

(a) 1 or more amounts are payable under item 3.2 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 3.2 of Schedule 1; and

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

the applicant must pay the difference under subparagraph 14(1)(d)(i).

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

(2) If:

(a) 1 or more amounts are payable under items 4.2 or 4.3 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 4.2 or 4.3 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 14(1)(d)(ii).

(1) This section applies if a deposit is paid under items 5.1 or 5.2 of Schedule 1 (the protection zone deposit).

(2) If:

(a) 1 or more amounts are payable under items 5.3 or 5.4 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 requesting person.

(3) If:

(a) 1 or more amounts are payable under items 5.3 or 5.4 of Schedule 1; and

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

the requesting person must pay the difference under subparagraph 14(1)(d)(iii).

(1) This section applies if a deposit is paid under item 6.4 of Schedule 1 (the submarine cable deposit).

(2) If:

(a) 1 or more amounts are payable under item 6.5 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 6.5 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 14(1)(d)(iv).

(1) The charges are payable by the applicant or requesting person:

(a) in the case of a charge mentioned in items 1.1, 2.2, 3.1, 5.1, 5.2, 6.1, 6.2, 6.3, 6.4 or 6.6 of Schedule 1 — when the application or request is made;

(b) in the case of a charge mentioned in item 2.1 of Schedule 1:

(i) for an application made under Part 2 of Chapter 6 of the numbering plan – in accordance with subsection 48(6) of the numbering plan;

(ii) for an application made under Part 3 of Chapter 6 of the numbering plan – in accordance with subsection 53(6) of the numbering plan;

(c) in the case of a charge mentioned in item 4.1 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;

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

(i) subsection 10(3) in relation to item 3.2 of Schedule 1;

(ii) subsection 11(3) in relation to items 4.2 or 4.3 of Schedule 1;

(iii) subsection 12(3) in relation to items 5.3 or 5.4 of Schedule 1; or

(iv) subsection 13(3) in relation to item 6.5 of Schedule 1,

(e) in the case of a charge mentioned in item 7.1 of Schedule 1 – by the due date specified in an invoice issued by the ACMA to the applicant for the charge; and

(f) 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 or requesting person for the charge.

(2) In the case of a charge mentioned in item 2.3 of Schedule 1, the charge is payable by the person registering to use the electronic system immediately before registration.


Part 3 Transitional arrangements – amendments made by the Australian Communications and Media Authority (Charges) Amendment Determination 2025 (No.1)

In this Part:

Amendment Determination means the Australian Communications and Media Authority (Charges) Amendment Determination 2025 (No.1).

commencement day means the day on which the Amendment Determination commences.

(1) If:

  1.     before the commencement day:
    1.             an application or request has been made to the ACMA, the handling of which involves the provision of a service or dealing with a matter; and
    2.             the service or matter is of a kind mentioned in an item of Schedule 1, as in force immediately before the commencement day, for which a charge is payable under the item; and
    3.             the charge is a dollar amount mentioned in the item, as in force immediately before the commencement day; and
    4.             charge has been paid; and
  2.     on the commencement day, the item is amended by Schedule 3 to the Amendment Determination;

no additional charge is payable under the item in relation to the application or request, even if the ACMA continues to handle the application or request on or after the commencement day.

(2) If:

  1.     before the commencement day:
    1.             an application or request has been made to the ACMA, the handling of which involves the provision of a service or dealing with a matter; and
    2.             the service or matter is of a kind mentioned in an item of Schedule 1, as in force immediately before the commencement day, for which a charge is payable under the item; and
    3.             the charge is a dollar amount mentioned in the item, as in force immediately before the commencement day (the old dollar amount); and
  2.     on the commencement day, the item is amended by Schedule 3 to the Amendment Determination; and
  3.     on or after the commencement day, the charge is due to be paid;

despite the amendment, the charge payable under the item in relation to the application or request continues to be the old dollar amount, as if the amendment had not been made.

(3) If:

  1.     before the commencement day:
    1.             an application or request has been made to the ACMA, the handling of which involves the provision of a service or dealing with a matter; and
    2.             the service or matter is of a kind mentioned in an item of Schedule 1, as in force immediately before the commencement day, for which a charge is payable under the item; and
    3.             the charge is calculated at the hourly rate (within the meaning of section 8, as in force immediately before the commencement day) (the old hourly rate); and
  2.     on or after the commencement day, the ACMA continues to handle the application or request;

despite the amendment of section 8 made by Schedule 3 to the Amendment Determination, the charge payable under the item in relation to the application or request continues to be calculated at the old hourly rate, as if the amendment had not been made.

To avoid any doubt, the following provisions have effect:

  1.     if a deposit is paid under item 3.1 of Schedule 1 in relation to a facility installation permit application made before the commencement day, section 10 continues to apply in relation to:
    1.             the deposit; and
    2.             any amount payable under item 3.2 of Schedule 1 in relation to the application;
  2.     if a deposit is paid under item 4.1 of Schedule 1 for the holding of a public inquiry in relation to a facility installation permit application made before the commencement day, section 11 continues to apply in relation to:
    1.             the deposit; and
    2.             any amount payable under item 4.2 or 4.3 of Schedule 1 in relation to the application;
  3.     if a deposit is paid under item 5.1 of Schedule 1 in relation to a protection zone (declaration) request, or item 5.2 in relation to a protection zone (revocation) request or a protection zone (variation) request, made before the commencement day, section 12 continues to apply in relation to:
    1.             the deposit; and
    2.             any amount payable under item 5.3 or 5.4 of Schedule 1 in relation to the request.

 

 

Schedule 1 Charges payable

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

 

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

$2,365

 

Part 2 Charges payable in relation to applications for numbers under the numbering plan

 

Column 1

Item

Column 2

Matter

Column 3

Charge

2.1

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 — $57.00

 (2) For an application made under Part 3 of Chapter 6 of the numbering plan for allocation of one or more geographic numbers — $57.00

 

 

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

 

2.2

Making an application under subsection 113(1) of the numbering plan for registration of a carriage service provider under section 114 of the numbering plan

$57.00

2.3

Registering to use the electronic system, made available by the ACMA, for EROU applicants to apply with a registered carriage service provider under section 63 of the numbering plan for the initial allocation of an unassigned unallocated smartnumber, and for EROU-holders to manage their enhanced rights of use

$57.00

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

Part 3 Facility installation permits – application charges

 

Column 1

Item

Column 2

Matter

Column 3

Charge

3.1

Deposit to accompany a facility installation permit application

$9,632

3.2

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

hourly rate

 

Part 4 Facility installation permits – public inquiry charges

 

Column 1

Item

Column 2

Matter

Column 3

Charge

4.1

Deposit payable on account of the expenses to be incurred by the ACMA for the holding of a public inquiry

$60,686

4.2

Activities of ACMA officials in relation to the holding of a public inquiry

hourly rate

4.3

Any other expenses incurred by the ACMA not included in item 4.2 in relation to the holding of a public inquiry

actual costs

 

Part 5  Charges payable to declare, vary or revoke a protection zone

 

Column 1

Item

Column 2

Matter

Column 3

Charge

5.1

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

$170,527

5.2

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

$144,117

5.3

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

  1.     protection zone (declaration) request;
  2.     protection zone (revocation) request;
  3.     protection zone (variation) request

hourly rate

5.4

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:

  1.     advertising costs;
  2.     venue hire and catering costs;
  3.     travel expenses;
  4.     consultation costs

actual costs

 

Part 6  Charges payable in relation to certain permits to install a submarine cable

 

Column 1

Item

Column 2

Matter

Column 3

Charge

6.1

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

$5,417 for each submarine cable the subject of the application

6.2

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

$1,474

6.3

Nonprotection 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 6.4 and 6.5

$6,294 for each submarine cable the subject of the application

6.4

Nonprotection zone installation permit application — deposit payable on account of the charges at item 6.5

$25,000

6.5

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

6.6

Nonprotection 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

$1,474

 

Part 7  Charges payable in relation to labelling certifications

 

Column 1

Item

Column 2

Matter

Column 3

Charge

7.1

Activities of an ACMA official 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

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.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.

If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.

Endnote 2—Abbreviation key

ad = added or inserted

orig = original

am = amended

par = paragraph(s)/subparagraph(s)

amdt = amendment

/subsubparagraph(s)

c = clause(s)

pres = present

C[x] = Compilation No. x

prev = previous

Ch = Chapter(s)

(prev…) = previously

def = definition(s)

Pt = Part(s)

Dict = Dictionary

r = regulation(s)/rule(s)

disallowed = disallowed by Parliament

reloc = relocated

Div = Division(s)

renum = renumbered

exp = expires/expired or ceases/ceased to have

rep = repealed

effect

rs = repealed and substituted

F = Federal Register of Legislation

s = section(s)/subsection(s)

gaz = gazette

Sch = Schedule(s)

LA = Legislation Act 2003

Sdiv = Subdivision(s)

LIA = Legislative Instruments Act 2003

SLI = Select Legislative Instrument

(md not incorp) = misdescribed amendment

SR = Statutory Rules

cannot be given effect

SubCh = SubChapter(s)

mod = modified/modification

SubPt = Subpart(s)

No. = Number(s)

underlining = whole or part not

o = order(s)

commenced or to be commenced

Ord = Ordinance

 

Endnote 3—Legislation history

 

Name

Registration

Commencement

Application, saving and transitional provisions

Telecommunications (Charges) Determination 2022

26 September 2022 (see F2022L01253)

1 October 2022

-

Telecommunications (Charges) Amendment Determination 2025 (No.1)

22 March 2025 (see F2025L00411)

23 March 2025

-

Telecommunications (Charges) Amendment Determination 2025 (No.2)

4 April 2025 (see F2025L00483)

5 April 2025

 

Australian Communications and Media Authority (Charges) Amendment Determination 2025 (No.1)

8 August 2025 (see F2025L00911)

9 August 2025

 

Endnote 4—Amendment history

 

Provision affected

How affected

Part 1

s.2...........................

 

rep. LA s.48D

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

am. F2025L00411

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

am. F2025L00911

Part 2

s.14(1)(b).......................

 

am. F2025L00411

Part 3.........................

rs. F2025L00911

Schedule 1

 

Schedule 1, Part 1, table item 1.1.......

am. F2025L00911

Schedule 1, Part 2, table item 2.2

am. F2025L00411

Schedule 1, Part 2, table item 2.3

md not incorp. F2025L00411, am. F2025L00483

Schedule 1, Part 3, table item 3.1.......

am. F2025L00911

Schedule 1, Part 4, table item 4.1.......

am. F2025L00911

Schedule 1, Part 5, table items 5.1 and 5.2.

am. F2025L00911

Schedule 1, Part 6, table items 6.1, 6.2, 6.3 and 6.6 

am. F2025L00911