Telecommunications (Carrier Licence Charges) Act 1997
No. 49, 1997
An Act to impose charges in relation to carrier licences under the Telecommunications Act 1997
Telecommunications (Carrier Licence Charges) Act 1997
No. 49, 1997
An Act to impose charges in relation to carrier licences under the Telecommunications Act 1997
Contents
Part 1—Introduction 1
1 Short title..................................1
2 Commencement..............................2
3 Act to bind Crown.............................2
4 Extension to eligible Territories.....................2
5 Interpretation................................2
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
Part 4—Transitional 7
16 Exercise of powers by AUSTEL before 1 July 1997—application charge 7
Telecommunications (Carrier Licence Charges) Act 1997
No. 49, 1997
An Act to impose charges in relation to carrier licences under the Telecommunications Act 1997
[Assented to 22 April 1997]
The Parliament of Australia enacts:
This Act may be cited as the Telecommunications (Carrier Licence Charges) Act 1997.
(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.
This Act binds the Crown in right of each of the States, of the Australian Capital Territory, of the Northern Territory and of Norfolk Island.
4 Extension to eligible Territories
This Act extends to each eligible Territory.
In this Act:
ACA means the Australian Communications Authority.
ACCC means the Australian Competition and Consumer Commission.
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.
In this Part:
charge means charge imposed by this Part.
Charge is imposed on an application for a carrier licence.
Charge imposed on an application for a carrier licence is payable by the applicant.
(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 ACA.
(2) A determination under subsection (1) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.
The amount of charge imposed on an application for a carrier licence must not exceed $100,000.
In this Part:
charge means charge imposed by this Part.
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.
Charge imposed on a carrier licence is payable by the holder of the licence.
(1) The amount of charge imposed on a carrier licence is the amount ascertained in accordance with a written determination made by the ACA.
(2) A determination under subsection (1) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.
(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 ACA, to be the proportion of the ACA’s costs for the immediately preceding financial year that is attributable to the ACA’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 ACA, 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
(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) must be notified in the Gazette before the day on which the charges referred to in subsection (1) become due for payment.
(3) An instrument under subsection (1) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.
(4) In this section:
ACA’s telecommunications functions has the same meaning as in the Australian Communications Authority Act 1997.
ACA’s telecommunications powers has the same meaning as in the Telecommunications Act 1997.
ACCC’s telecommunications functions and powers has the same meaning as in the Telecommunications Act 1997.
cost:
(a) in relation to the ACA, means an amount that, in accordance with accrual-based accounting principles, is treated as a cost of the ACA; 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.
16 Exercise of powers by AUSTEL before 1 July 1997—application charge
(1) Before 1 July 1997, Part 2 has effect as if a reference in that Part to the ACA were a reference to AUSTEL.
(2) Anything done by AUSTEL under Part 2 before 1 July 1997 has effect, on and after 1 July 1997, as if it had been done by the ACA.
(3) In this section:
AUSTEL means the Australian Telecommunications Authority.
[Minister’s second reading speech made in—
House of Representatives on 5 December 1996
Senate on 25 February 1997]
(174/96)
I HEREBY CERTIFY that the above is a fair print of the Telecommunications (Carrier Licence Charges) Bill 1997 which originated in the House of Representatives as the Telecommunications (Carrier Licence Charges) Bill 1996 and has been finally passed by the Senate and the House of Representatives.
Clerk of the House of Representatives
IN THE NAME OF HER MAJESTY, I assent to this Act.
Governor-General
1997