Compilation #10 | Effective 2019-12-12
FRBR Work URI: /akn/au/act/1997/51
This Act may be cited as the Telecommunications (Numbering Charges) Act 1997.
Parts 1 and 4 commence on the day on which this Act receives the Royal Assent.
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 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:
ACMA means the Australian Communications and Media Authority.
allocation means the allocation of the number in accordance with: an allocation system; or the rules and processes published by the numbering scheme manager; or if there is no numbering scheme manager—the numbering plan made by the ACMA.
an allocation system; or
the rules and processes published by the numbering scheme manager; or
if there is no numbering scheme manager—the numbering plan made by the ACMA.
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.
numbering scheme manager has the same meaning as in the Telecommunications Act 1997.
ported means that the carriage service provider or the carrier network involved in providing the service, or both, is changed while the customer continues to receive the carriage service using the number.
standard telephone service has the same meaning as in the Telecommunications Act 1997.
surrendered means surrendered in accordance with: the rules and processes published by the numbering scheme manager; or if there is no numbering scheme manager—the numbering plan made by the ACMA. transferred has the meanings given by section 5A.
the rules and processes published by the numbering scheme manager; or
if there is no numbering scheme manager—the numbering plan made by the ACMA.
transferred has the meanings given by section 5A.
withdrawn means withdrawn in accordance with: the rules and processes published by the numbering scheme manager; or if there is no numbering scheme manager—the numbering plan made by the ACMA.
the rules and processes published by the numbering scheme manager; or
if there is no numbering scheme manager—the numbering plan made by the ACMA.
(1A) A number is transferred if it is transferred in accordance with:
the rules and processes published by the numbering scheme manager; or
if there is no numbering scheme manager—the numbering plan made by the ACMA.
(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 ACMA written notice of the transfer, and also give the notice to the numbering scheme manager if there is one. The transfer takes effect on the later of the following:
the day on which the notice is given to the ACMA;
another day specified in the notice.
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:
an agreement described in subsection (2) and relating to the number is in force; or
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 Telecommunications Act 1997.section 463 of the
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.
The amount of charge imposed on the allocation of a number 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 the allocation of a number must not exceed $100,000.
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.
The ACMA may, by written determination, exempt a specified number from charge.
Note: For specification by class, see subsection 13(3) of the Legislation Act 2003.
A determination under subsection (2) is a legislative instrument.
In this Part:
charge means charge imposed by this Part.
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:
beginning at that time; and
ending when:
the number is subsequently withdrawn; or
the number is subsequently surrendered; or
the number is subsequently transferred from the provider to another carriage service provider;
whichever first happens.
For the purposes of this section, the renumbering of a number does not affect the continuity of the holding of the number.
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.
Before 16 February in each year, the ACMA must determine in writing a day in April in that year.
(3) The ACMA 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.
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 ACMA.
A determination under subsection (1) is a legislative instrument.
The amount of charge imposed on a number held at a particular time must not exceed $100,000.
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.
The ACMA may, by written determination, exempt a specified number from charge.
A determination under subsection (2) is a legislative instrument.
Note: For specification by class, see subsection 13(3) of the Legislation Act 2003.
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