Telecommunications (Facility Installation Permit Public Inquiry Charges) Determination 2004 (Cth)

Telecommunications (Facility Installation Permit — Public Inquiry Charges) Determination 2004

The AUSTRALIAN COMMUNICATIONS AUTHORITY makes this Determination under section 53 of the Australian Communications Authority Act 1997.

Dated    19     May  2004   R HORTON   Chair  &nb sp;     A HORSLEY   Deputy Chair

Australian Communications Authority

1. Name of Determination

This Determination is the Telecommunications (Facility Installation Permit — Public Inquiry Charges) Determination 2004.

1. Commencement

This Determination commences on the date of its notification in the Gazette.

1. Revocation

The Telecommunications (Facility Installation Permit — Public Inquiry Charges) Determination 2002, published in the Gazette on 13 February 2002, is revoked.

1. Definitions

In this Determination, unless the contrary intention appears:

ACA Act means the Australian Communications Authority Act 1997.

ACA staff means the persons employed by the ACA who are bound by an Agreement certified under section 170LJ of the Workplace Relations Act 1996 or an Australian Workplace Agreement (including the Chair and other ACA members appointed under section 16 of the ACA Act), but does not include associate members of the ACA appointed under section 18 of the ACA Act.

GST has the meaning given by section 195-1 of the A New Tax System (Goods and Services Tax) Act 1999.

Telecommunications Act means the Telecommunications Act 1997.

Note The following expressions used in this Determination are defined in the Telecommunications Act:

·     ACA

·     carrier

·     facility installation permit.

1. Purpose of this Determination

(1)Under subsection 53 (1) of the ACA Act, the ACA may make determinations fixing charges for:

(a)services and facilities provided by the ACA; and

(b)any matter in relation to which expenses are incurred by the ACA under specified Acts (including the Telecommunications Act).

(2)Clause 21 of Schedule 3 to the Telecommunications Act provides that a carrier may apply to the ACA for a permit authorising the carrier to carry out the installation of one or more facilities. Such a permit is called a facility installation permit.

(3)Subclause 25 (2) of Schedule 3 to the Telecommunications Act provides that the ACA must not issue a facility installation permit unless the ACA has held a public inquiry in relation to the permit.

(4)For subsection 53 (1) of the ACA Act, this Determination fixes the charges for holding a public inquiry in relation to an application for a facility installation permit.

Note Under subclause 25 (5) of Schedule 3 to the Telecommunications Act, clause 23 of that Schedule does not prevent a charge being fixed in relation to the holding of a public inquiry about a facility installation permit application.

1. Charges

(1)The charge, or the hourly rate of charge, for a matter mentioned in column 2 of an item in Schedule 1 is the amount mentioned in column 3 of the item.

(2)The charge, or the hourly rate of charge, includes GST, if applicable.

(3)If:

(a)a deposit is paid under item 1 of Schedule 1; and

(b)one or more amounts are paid under item 2 or 3 of Schedule 1;

the amounts paid under paragraph (b) will be deducted from the deposit, and any remaining amount will be refunded.

1. By whom and when is the charge payable

The charges are payable by the applicant:

(a)in the case of a charge, or hourly rate of charge, mentioned in item 2 or 3 of Schedule 1 — on the issue to the applicant of an invoice for the charge; and

(b)in any other case — within 7 days of the applicant being notified by the ACA of the intention to hold a public inquiry under clause 25 of Schedule 3 to the Telecommunications Act in relation to the facility installation permit application.

Schedule 1          Charges payable

(subsection 6 (1))

Column 1 Item	Column 2 Matter	Column 3 Charge (including GST, if applicable)
1	Deposit payable on account of the expenses to be incurred by the ACA in relation to the holding of the public inquiry	$40 700.00
2	Charges for activities of ACA staff in relation to the holding of the public inquiry	$162.80 for each hour or part of an hour
3	Any other expenses incurred by the ACA not included in item 1 or 2 in relation to the holding of the public inquiry	The costs incurred by the ACA

1. Meaning of other expenses

In item 3 of this Schedule:

other expenses includes, but is not limited to, the following:

(a)daily payments to Associate Members under a Determination made by the Remuneration Tribunal;

(b)travel costs and allowances to both Associate Members and ACA staff;

(c)transcript costs;

(d)legal costs;

(e)consultant costs;

(f)costs associated with the hire of venues for public hearings.