Telecommunications (Submarine Cable Permit Application Charge) Determination 2006 (Cth)

Telecommunications (Submarine Cable Permit — Application Charge) Determination 2006

Australian Communications and Media Authority Act 2005

The AUSTRALIAN COMMUNICATIONS AND MEDIA AUTHORITY makes this Determination under section 60 of the Australian Communications and Media Authority Act 2005.

Dated       30^th March                    2006

CHRIS CHAPMAN

Chairman

CHRIS CHEAH

Acting Deputy Chair

Australian Communications and Media Authority

1. Name of Determination

This Determination is the Telecommunications (Submarine Cable Permit — Application Charge) Determination 2006.

1. Commencement

This Determination commences on the day after it is registered.

1. Definition

In this Determination:

ACMA Act means the Australian Communications and Media Authority Act 2005.

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:

·         ACMA

·         coastal waters

·         non-protection zone installation permit

·         protection zone

·         submarine cable.

1. Purpose of this Determination

(1)   Under subsection 60 (1) of the ACMA Act, the ACMA may make determinations fixing charges for:

(a)    services provided by the ACMA; and

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

(2) Clause 64 of Schedule 3A to the Telecommunications Act provides that a carrier may apply to the ACMA for a permit to install 1 or more submarine cables in waters that are not in a protection zone and that are not coastal waters of a State or the Northern Territory (a non-protection zone installation permit).

(3) Clause 66 of Schedule 3A to the Telecommunications Act provides that an application for a non-protection zone installation permit must be accompanied by the charge (if any) imposed on the application by a determination under section 60 of the ACMA Act.

1. Charges

(1)   The 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)   If, in relation to an application for a non-protection zone installation permit, the ACMA’s expenditure on external consultants is greater than the amount specified in item 2 of Schedule 1, there is an additional charge equal to the excess of that expenditure over that amount.

(3)   The charges specified include GST.

1. By whom and when are the charges payable

(1)   The charges mentioned in subsection 5 (1) are payable by the applicant when the application is made.

(2)   Any amount of charge mentioned in subsection 5 (2) is payable by the applicant on the issue to the applicant of an invoice for that amount.

1. Refund

If the ACMA’s expenditure on external consultants in the consideration of an application for a non-protection zone installation permit is less than the amount specified in item 2 of Schedule 1, the ACMA must refund the amount by which the expenditure is less than the amount specified to the applicant.

Schedule 1        Charges payable

(subsection 5 (1))

Item	Matter	Charge
1	Non-protection zone installation permit — considering and processing application for permit, other than for use of external consultants	$6 847.50 for each submarine cable
2	Non-protection zone installation permit — use of external consultants in considering application for permit (payable whether or not an external consultant is used in considering the application)	$27 500
3	Non-protection zone installation permit — considering and processing application to extend duration of permit	$495