Compilation #10 | Effective 2018-06-19
FRBR Work URI: /akn/au/act/1997/49
This Act may be cited as the Telecommunications (Carrier Licence Charges) Act 1997.
Subject to this section, this Act commences on the day on which it receives the Royal Assent.
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 and of the Northern Territory.
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 Territories Legislation Amendment Act 2016.Division 1 of Part 1 of Schedule 5 to the
In this Act:
ACCC means the Australian Competition and Consumer Commission.
ACMA means the Australian Communications and Media Authority.
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.
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 ACMA.
A determination under subsection (1) is a legislative instrument.
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.
The amount of charge imposed on a carrier licence is the amount ascertained in accordance with a written determination made by the ACMA.
A determination under subsection (1) is a legislative instrument.
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:
the amount determined, by a written instrument made by the ACMA, to be the proportion of the ACMA’s costs for the immediately preceding financial year that is attributable to the ACMA’s telecommunications functions and powers; and
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
the amount determined, by a written instrument made by the ACMA, 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
(ca) the amount determined, by a written instrument made by the ACMA, to be the sum of the amounts paid under Telecommunications Act 1997 during the immediately preceding financial year; andsection 136C of the
(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 Telecommunications Act 1997.section 593 of the
An instrument under subsection (1) is a legislative instrument.
In this section:
ACCC’s telecommunications functions and powers has the same meaning as in the Telecommunications Act 1997.
ACMA’s telecommunications functions has the same meaning as in the Telecommunications Act 1997, but does not include functions conferred on the ACMA by or under:
(a) the Do Not Call Register Act 2006; or
(b) the Telecommunications Act 1997 to the extent to which that Act relates to the Do Not Call Register Act 2006; or
(c) Part 6 of the Telecommunications Act 1997 to the extent to which that Part relates to telemarketing activities (within the meaning of that Part).
ACMA’s telecommunications powers has the same meaning as in the Telecommunications Act 1997, but does not include powers conferred on the ACMA by or under:
(a) the Do Not Call Register Act 2006; or
(b) the Telecommunications Act 1997 to the extent to which that Act relates to the Do Not Call Register Act 2006; or
(c) Part 6 of the Telecommunications Act 1997 to the extent to which that Part relates to telemarketing activities (within the meaning of that Part).
cost:
in relation to the ACMA, means an amount that, in accordance with accrual-based accounting principles, is treated as a cost of the ACMA; and
in relation to the ACCC, means an amount that, in accordance with accrual-based accounting principles, is treated as a cost of the ACCC.
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