Telecommunications (Carrier Licence Fees) Termination Act 1997 (Cth)

Telecommunications (Carrier Licence Fees) Termination Act 1997

No. 50, 1997

An Act to terminate the imposition of fees under the Telecommunications (Carrier Licence Fees) Act 1991, and for related purposes

Contents

Telecommunications (Carrier Licence Fees) Termination Act 1997

No. 50, 1997

An Act to terminate the imposition of fees under the Telecommunications (Carrier Licence Fees) Act 1991, and for related purposes

[Assented to 22 April 1997]

The Parliament of Australia enacts:

1Short title

This Act may be cited as the Telecommunications (Carrier Licence Fees) Termination Act 1997.

2Commencement

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.

3Schedule(s)

Subject to section 2, each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

Schedule 1—Amendments

Telecommunications (Carrier Licence Fees) Act 1991

1

Section 4

Repeal the section, substitute:

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.

2

Paragraph 6(a)

Before “all amounts”, insert “in any case—”.

3

Paragraph 6(b)

Before “an amount”, insert “in any case—”.

4

Paragraph 6(b)

Omit “carriers.”, substitute “carriers; and”.

5

At the end of section 6

Add:

1. (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.

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.

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

Telecommunications (Carrier Licence Fees) Act 1991

1

The whole of the Act

Repeal the Act.

[Minister’s second reading speech made in—

House of Representatives on 5 December 1996

Senate on 25 February 1997]

(155/96)

I HEREBY CERTIFY that the above is a fair print of the Telecommunications (Carrier Licence Fees) Termination Bill 1997 which originated in the House of Representatives as the Telecommunications (Carrier Licence Fees) Termination 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