Telecommunications (Numbering Charges) Act 1991 (Cth)

Telecommunications (Numbering Charges) Act 1991

Act No. 90 of 1991 as amended

Consolidated as in force on 31 July 1997

(includes amendments up to Act No. 54 of 1997)

Prepared by the Office of Legislative Drafting,

Attorney-General’s Department, Canberra

Contents

An Act to impose a charge on numbers for public telecommunications services

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1Short title [see Note 1]

This Act may be cited as the Telecommunications (Numbering Charges) 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.

3Act to bind the Crown

This Act binds the Crown in right of each of the States, of the Australian Capital Territory, of the Northern Territory and of Norfolk Island.

4Extension to eligible Territories

This Act extends to each eligible Territory.

5Definitions

In this Act:

AMPS means the Advanced Mobile Phone System.

Note: The Advanced Mobile Phone System does not incorporate digital modulation techniques.

AUSTEL means the Australian Telecommunications Authority.

carrier has the same meaning as in the Telecommunications Act 1991.

charge means charge imposed by this Act.

class licence has the same meaning as in the Telecommunications Act 1991.

eligible service has the same meaning as in the Telecommunications Act 1991.

eligible Territory has the same meaning as in the Telecommunications Act 1991.

national numbering plan has the same meaning as in the Telecommunications Act 1991.

number means a number in respect of telecommunications services to be provided across a public telecommunications network.

Optus means Optus Mobile Pty Ltd.

service provider means a person who provides an eligible service under a class licence.

standard telephone service has the same meaning as in the Telecommunications Act 1991.

public telecommunications network has the same meaning as in Division 2 of Part 11 of the Telecommunications Act 1991.

telecommunications service has the same meaning as in the Telecommunications Act 1991.

Telstra has the same meaning as in the Telstra Corporation Act 1991.

6Holder of a number

1. (1)

   For the purposes of this Act, if a number is allocated to a particular carrier or service provider under subsection 242(1) of the Telecommunications Act 1991 at a particular time, the carrier or service provider holds the number throughout the period:

   1. (a)

      beginning at that time; and

   2. (b)

      ending when:

      1. (i)

         the number is subsequently recovered by AUSTEL in accordance with the national numbering plan; or

      2. (ii)

         the number is subsequently returned to AUSTEL in accordance with the national numbering plan; or

      3. (iii)

         in a case where the number is allocated to Telstra—the number is subsequently allocated by Telstra to Optus for use by Optus in connection with the supply of AMPS services;

   whichever first happens.

2. (2)

   For the purposes of this Act, Telstra holds a number at a particular time if no allocation of the number to Telstra is in force at that time and:

   1. (a)

      both:

      1. (i)

         before that time, Telstra, or any of its predecessors, allocated the number to a customer; and

      2. (ii)

         that allocation is in force at that time; or

   2. (b)

      at that time, the number is available to be allocated by Telstra to a customer.

3. (3)

   A reference in subsection (2) to a customer does not include a reference to a service provider.

4. (4)

   Subsection (2) applies to an allocation, whether or not the allocation is under section 242 of the Telecommunications Act 1991.

5. (5)

   For the purposes of this Act, if, at a particular time, a number is allocated by Telstra to Optus for use in connection with the supply of AMPS services, Optus holds the number throughout the period:

   1. (a)

      beginning at that time; and

   2. (b)

      ending when:

      1. (i)

         the number is subsequently recovered by AUSTEL in accordance with the national numbering plan; or

      2. (ii)

         the number is subsequently returned to AUSTEL in accordance with the national numbering plan; or

      3. (iii)

         the number is subsequently returned to Telstra;

   whichever first happens.

6. (6)

   Subsections (2) and (5) have effect in addition to subsection (1).

7. (7)

   For the purposes of subparagraph (1)(b)(iii) and subsection (5), if a number allocated to Telstra under subsection 242(1) of the Telecommunications Act 1991 is subsequently taken by Optus for use in connection with the supply of AMPS services:

   1. (a)

      the taking of the number by Optus is to be treated as the allocation of the number by Telstra to Optus for use by Optus in connection with the supply of AMPS services; and

   2. (b)

      if Optus subsequently relinquishes the number—the relinquishing of the number is to be treated as the return of the number to Telstra.

8. (8)

   This section applies to an allocation, whether or not the allocation occurs before or after this section commences.

9. (9)

   For the purposes of this section, the renumbering of a number does not affect the continuity of the holding of the number.

7Imposition of charge

If a carrier or service provider holds a number:

1. (a)

   at the commencement of the Telecommunications (Numbering Fees) Amendment Act 1997; or

2. (b)

   at the beginning of an anniversary of that commencement;

charge is imposed on the number.

8By whom charge payable

Charge imposed on a number is payable by the carrier or service provider who holds the number.

9Amount of charge

1. (1)

   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 AUSTEL.

2. (2)

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

Note: Under section 50 of the Telecommunications Act 1991, the Minister may give AUSTEL directions in relation to the performance of its functions and the exercise of its powers.

10Maximum charge

The amount of charge imposed on a number held at a particular time must not exceed $100,000.

11Exemption from charge

1. (1)

   A number is exempt from charge if the number is a geographic number allocated to a carrier or service provider for the purposes of providing a standard telephone service to a customer.

2. (2)

   AUSTEL may, by written determination, exempt a specified number from charge.

3. (3)

   A determination under subsection (2) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.

   Note 1: For specification by class, see subsection 46(2) of the Acts Interpretation Act 1901.

   Note 2: Under section 50 of the Telecommunications Act 1991, the Minister may give AUSTEL directions in relation to the performance of its functions and the exercise of its powers.

NOTE

1. The Telecommunications (Numbering Charges) Act 1991 as shown in this reprint comprises Act No. 90, 1991 amended as indicated in the Tables below.

Table of Acts

Act Number and year Date of Assent Date of commencement Application, saving or transitional provisions

Telecommunications (Numbering Fees) Act 1991	90, 1991	26 June 1991	Ss. 1 and 2: Royal Assent Remainder: 1 July 1991
Telecommunications (Numbering Fees) Amendment Act 1997	54, 1997	24 Apr 1997	22 May 1997	—

Table of Amendments

ad. = added or inserted

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

Provision affected	How affected
Title .........................................	am. No. 54, 1997
S. 1 .........................................	am. No. 54, 1997
Ss. 3-7 .....................................	rs. No. 54, 1997
Ss. 8-11 ...................................	ad. No. 54, 1997