Telecommunications (Carrier Licence Fees) Act 1991 (Cth)

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Telecommunications (Carrier Licence Fees) Act 1991

Act No. 89 of 1991 as amended

Consolidated as in force on 25 July 1997

(includes amendments up to Act No. 50 of 1997)

Prepared by the Office of Legislative Drafting,

Attorney-General’s Department, Canberra

Contents

An Act to provide for the payment of fees for general telecommunications licences and public mobile licences issued under the Telecommunications Act 1991 [see Note 2]

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1Short title [see Note 1]

This Act may be cited as the Telecommunications (Carrier Licence Fees) Act 1991.

2Commencement [see Note 1]

  1. (1)

    Subject to this section, this Act commences on 1 July 1991.

  2. (2)

    Sections 1 and 2 commence on the day on which this Act receives the Royal Assent.

3Interpretation

An expression has in this Act the same meaning as it has in the Telecommunications Act 1991.

4Fees for carrier licences

If a person:

  1. (a)

    held a general telecommunications licence or a public mobile licence immediately before 1 July 1997; or

  2. (b)

    ceased to hold such a licence at any time during the period:

    1. (i)

      beginning on 2 July 1996; and

    2. (ii)

      ending immediately before 1 July 1997;

the person must pay to the Commonwealth, by way of tax in respect of the licence, on 1 July 1997, a fee of an amount determined in accordance with the regulations as in force immediately before 1 July 1997.

5How the regulations may provide for fees to be determined

  1. (1)

    Without limiting section 4, regulations made for the purposes of that section may:

    1. (a)

      prescribe as the amount of a fee an amount specified in the regulations; or

    2. (b)

      prescribe a procedure in accordance with which the amount of a fee is to be determined.

  2. (2)

    Without limiting section 4, regulations that are made for the purposes of that section and prescribe as mentioned in paragraph (1)(a) of this section may prescribe as the amount of the fee payable by the holder of a general telecommunications licence an amount different from the amount they prescribe as the amount of the fee payable by the holder of a public mobile licence.

6Limit on total of annual fees

The total of the fees that become payable under this Act on 1 July in a financial year must not exceed the sum of:

  1. (a)

    in any case—all amounts appropriated, in respect of the immediately preceding financial year, for the purposes of AUSTEL; and

  2. (b)

    in any case—an amount, determined under the regulations, to be the proportion of the Commonwealth’s contribution to the budget of the International Telecommunications Union for the calendar year in which that 1 July occurs that is to be recovered from carriers; and

  3. (c)

    in the case of the fees that become payable under this Act on 1 July 1997—the amount determined, by a written instrument made by the ACCC, to be the proportion of the ACCC’s appropriation for the financial year ending on 30 June 1997 that is attributable to the ACCC’s special telecommunications functions and powers.

  1. (2)

    An instrument under paragraph (1)(c) must be notified in the Gazette before 1 July 1997.

  2. (3)

    An instrument under paragraph (1)(c) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.

  3. (4)

    In this section:

ACCC means the Australian Competition and Consumer Commission.

ACCC’s appropriation, in relation to a financial year, means the total of the amounts appropriated, in respect of the financial year, for the purposes of the ACCC.

ACCC’s special telecommunications functions and powers means the functions and powers conferred on the ACCC by or under any of the following provisions:

  1. (a)

    a provision of the Telecommunications Act 1997;

  2. (b)

    a provision of Part XIB of the Trade Practices Act 1974;

  3. (c)

    a provision of Part XIC of the Trade Practices Act 1974;

  4. (d)

    a provision of Part 3 of the Telecommunications (Transitional Provisions and Consequential Amendments) Act 1997;

and includes anything done by the ACCC (whether before or after the commencement of this subsection) in preparation for the commencement of such a provision.

7Recovery of fee

A fee payable under this Act may be recovered in a court of competent jurisdiction as a debt due to the Commonwealth.

8Regulations

The Governor-General may make regulations, not inconsistent with this Act, prescribing all matters:

  1. (a)

    required or permitted by this Act to be prescribed; or

  2. (b)

    necessary or convenient to be prescribed for carrying out or giving effect to this Act.

NOTES

1. The Telecommunications (Carrier Licence Fees) Act 1991 as shown in this reprint comprises Act No. 89, 1991 amended as indicated in the Tables below.

All relevant information pertaining to application, saving or transitional provisions prior to 22 April 1997 is not included in this reprint. For subsequent information see Table A.

Table of Acts

Act

Number

and year

Date

of Assent

Date of commencement

Application, saving or transitional provisions

Telecommunications (Carrier Licence Fees) Act 1991

89, 1991

26 June 1991

Ss. 3-8: 1 July 1991

Remainder: Royal Assent

Telecommunications (Carrier Licence Fees) Amendment Act 1995

66, 1995

30 June 1995

30 June 1995

S. 4

Telecommunications (Carrier Licence Fees) Amendment Act 1996

26, 1996

28 June 1996

28 June 1996

Ss. 4 and 5

Telecommunications (Carrier Licence Fees) Termination Act 1997

50, 1997

22 Apr 1997

Ss. 1-3 and Schedule 1: Royal Assent (a)

Schedule 2: [see (a) and Note 2]

Sch. 1 (item 6) [see Table A]

(a) The Telecommunications (Carrier Licence Fees) Act 1991 was amended by Schedules 1 and 2 only of the Telecommunications (Carrier Licence Fees) Termination Act 1997, subsections 2(1) and (2) of which provide as follows:

  1. “(1)

    Subject to this section, this Act commences on the day on which it receives the Royal Assent.

  2. “(2)

    Schedule 2 commences on 1 July 1998.” [see Note 2]

Table of Amendments

  1. ad. = added or inserted

    am. = amended rep. = repealed rs. = repealed and substituted

Provision affected

How affected

S. 4...........................................

rs. No. 50, 1997

S. 6...........................................

rs. No. 66, 1995

am. No. 26, 1996; No. 50, 1997

2. The Telecommunications (Carrier Licence Fees) Act 1991 was amended by Schedule 2 of the Telecommunications (Carrier Licence Fees) Termination Act 1997. The applicable provision provides as follows:

Schedule 2—Repeal of the Telecommunications (Carrier Licence Fees) Act 1991

  1. 1

    The whole of the Act

Repeal the Act.

Subsection 2(2) of the Telecommunications (Carrier Licence Fees) Termination Act 1997 provides as follows:

“(2) Schedule 2 commences on 1 July 1998.”

As at 17 June 1997 the amendment is not incorporated in this reprint.

TABLE A

Application, Saving or Transitional Provisions

Telecommunications (Carrier Licence Fees) Termination Act 199 7

(No. 50, 1997)

Schedule 1

  1. 6

    Transitional—regulations

    (1) This item applies to regulations made for the purposes of section 4 of the Telecommunications (Carrier Licence Fees) Act 1991 that were in force immediately before 1 July 1997.

    (2) The regulations have effect as if they had been made for the purposes of section 4 of the Telecommunications (Carrier Licence Fees) Act 1991 as amended by this Act.

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