Telecommunications (Numbering Charges) Act 1997
Act No. 51 of 1997 as amended
This compilation was prepared on 31 May 2000
taking into account amendments up to Act No. 51 of 2000
The text of any of those amendments not in force
on that date is appended in the Notes section
Prepared by the Office of Legislative Drafting,
Attorney‑General’s Department, Canberra
Contents
Part 1—Introduction
1 Short title [see Note 1]...........................
2 Commencement [see Note 1].......................
3 Act to bind Crown..............................
4 Extension to eligible Territories......................
5 Interpretation.................................
5A Meaning of transferred
Part 2—Allocation charges
Division 1—Allocation in accordance with an allocation system
6 Definition of charge
7 Imposition of charge............................
8 By whom charge payable..........................
9 Amount of charge..............................
Division 2—Allocation otherwise than in accordance with an allocation system
10 Definition of charge
11 Imposition of charge............................
12 By whom charge payable..........................
13 Amount of charge..............................
14 Maximum charge..............................
15 Exemption from charge...........................
Part 3—Annual charge
16 Definition of charge
17 Holder of a number.............................
18 Imposition of charge............................
19 By whom charge payable..........................
20 Amount of charge..............................
21 Maximum charge..............................
22 Exemption from charge...........................
Part 4—Transitional
23 Exercise of powers by AUSTEL before 1 July 1997—Division 2 of Part 2
Notes
An Act to impose charges in relation to numbers allocated to certain carriage service providers under the Telecommunications Act 1997
This Act may be cited as the Telecommunications (Numbering Charges) Act 1997.
(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.
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.
This Act extends to each eligible Territory.
In this Act:
ACA means the Australian Communications Authority.
allocation, in relation to a number, means the allocation of the number under the authority of the numbering plan.
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.
standard telephone service has the same meaning as in the Telecommunications Act 1997.
surrendered, in relation to a number, means surrendered in accordance with the numbering plan.
transferred has the meaning given by section 5A.
withdrawn, in relation to a number, means withdrawn in accordance with the numbering plan.
(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 ACA written notice of the transfer. The transfer takes effect on the later of the following:
(a) the day on which the notice is given to the ACA;
(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.
In this Division:
charge means charge imposed by this Division.
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.
Charge imposed on the allocation of a number to a carriage service provider is payable by the provider.
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.
In this Division:
charge means charge imposed by this Division.
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.
Charge imposed on the allocation of a number to a carriage service provider is payable by the provider.
(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 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 the allocation of a number must not exceed $100,000.
(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 ACA may, by written determination, exempt a specified number from charge.
Note: For specification by class, see subsection 46(2) of the Acts Interpretation Act 1901.
(3) A determination under subsection (2) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.
In this Part:
charge means charge imposed by this Part.
(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 in accordance with the numbering plan does not affect the continuity of the holding of the number.
(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 ACA must determine in writing a day in April in that year.
(3) The ACA must publish the determination in the Gazette before the day determined.
Charge imposed on a number is payable by the carriage service provider who holds the number.
(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 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 a number held at a particular time must not exceed $100,000.
(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 ACA may, by written determination, exempt a specified number from charge.
(3) A determination under subsection (2) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.
Note: For specification by class, see subsection 46(2) of the Acts Interpretation Act 1901.
(1) This section applies if:
(a) an eligible provision confers, or will confer, a power on the ACA; and
(b) assuming that Part 3 of the Australian Communications Authority Act 1997 had commenced at the commencement of this section, section 4 of the Acts Interpretation Act 1901 would have authorised the ACA to:
(i) exercise that power; or
(ii) do a particular thing in relation to the exercise of that power;
before 1 July 1997.
(2) Section 4 of the Acts Interpretation Act 1901 is taken to authorise AUSTEL to exercise that power, or do that thing, before 1 July 1997 as if a reference in that eligible provision to the ACA were a reference to AUSTEL.
(3) Anything done by AUSTEL in accordance with this section before 1 July 1997 has effect, on and after 1 July 1997, as if it had been done by the ACA.
(4) In this section:
AUSTEL means the Australian Telecommunications Authority.
eligible provision means a provision of Division 2 of Part 2.
Notes to the Telecommunications (Numbering Charges) Act 1997
Note 1
The Telecommunications (Numbering Charges) Act 1997 as shown in this compilation comprises Act No. 51, 1997 amended as indicated in the Tables below.
For all relevant information pertaining to application, saving or transitional provisions see Table A.
Table of Acts
Act | Number | Date | Date of commencement | Application, saving or transitional provisions | ||||
Telecommunications (Numbering Charges) Act 1997 | 51, 1997 | 22 Apr 1997 | Ss. 6-22: 1 July 1999 |
| ||||
Telecommunications (Numbering Charges) Amendment Act 2000 | 51, 2000 | 3 May 2000 | 3 May 2000 | Sch. 1 (item 5) | ||||
Table of Amendments
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted | |
Provision affected | How affected |
S. 5.................... | am. No. 51, 2000 |
S. 5A................... | ad. No. 51, 2000 |
S. 17................... | am. No. 51, 2000 |
S. 18................... | rs. No. 51, 2000 |
Table A
Application, saving or transitional provisions
Telecommunications (Numbering Charges) Amendment Act 2000
(No. 51, 2000)
Schedule 1
5 Application
(1) The amendments of the Telecommunications (Numbering Charges) Act 1997 made by this Schedule apply for the purposes of working out charge imposed on a number held on a particular day in 2000, or a later year.
(2) However, if this Act receives the Royal Assent after 15 February 2000, those amendments apply for the purposes of working out charge imposed on a number held on a particular day in the first calendar year that starts after the day on which this Act receives the Royal Assent, or a later year.
(3) To avoid doubt, subsection 5A(2) of the Telecommunications (Numbering Charges) Act 1997 applies even if:
(a) the agreement mentioned in that subsection was made before the day on which this Act received the Royal Assent; or
(b) the notice mentioned in that subsection was given before that day.