Telecommunications (Universal Service Levy) Act 1997
Act No. 53 of 1997 as amended
This compilation was prepared on 1 July 2012
taking into account amendments up to Act No. 44 of 2012
The text of any of those amendments not in force
on that date is appended in the Notes section
The operation of amendments that have been incorporated may be
affected by application provisions that are set out in the Notes section
Prepared by the Office of Legislative Drafting and Publishing,
Attorney‑General’s Department, Canberra
Contents
1 Short title [see Note 1]...........................
2 Commencement...............................
3 Act to bind Crown..............................
4 Extension to external Territories......................
5 Definition...................................
6 Imposition of levy..............................
7 Amount of levy...............................
8 Participating person liable to pay levy..................
Notes
An Act to impose a levy in connection with ensuring that standard telephone services, payphones and prescribed carriage services are reasonably accessible to all people in Australia
1 Short title [see Note 1]
This Act may be cited as the Telecommunications (Universal Service Levy) Act 1997.
2 Commencement
This Act commences on 1 July 1997.
3 Act to bind 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.
4 Extension to external Territories
This Act extends to each external Territory referred to in section 8B of the Telecommunications (Consumer Protection and Service Standards) Act 1999.
5 Definition
In this Act:
participating person has the same meaning as in Part 2 of the Telecommunications (Consumer Protection and Service Standards) Act 1999.
6 Imposition of levy
If a participating person has a levy debit balance for a claim period because of section 20S of the Telecommunications (Consumer Protection and Service Standards) Act 1999, levy is imposed on that balance.
Note: The last claim period will end on or before 30 June 2012: see section 8D of the Telecommunications (Consumer Protection and Service Standards) Act 1999.
7 Amount of levy
The amount of a levy that this Act imposes on a levy debit balance for a claim period is equal to that balance.
8 Participating person liable to pay levy
Levy imposed on a participating person’s levy debit balance for a claim period is payable by the participating person.
Notes to the Telecommunications (Universal Service Levy) Act 1997
Note 1
The Telecommunications (Universal Service Levy) Act 1997 as shown in this compilation comprises Act No. 53, 1997 amended as indicated in the Tables below.
For all relevant information pertaining to application, saving or transitional provisions see Table A.
Table of Acts
Act | Number
and year | Date
of Assent | Date of commencement | Application, saving or transitional provisions |
Telecommunications (Universal Service Levy) Act 1997 | 53, 1997 | 24 Apr 1997 | 1 July 1997 | |
Telecommunications (Universal Service Levy) Amendment Act 1999 | 51, 1999 | 5 July 1999 | 1 July 1999 | Sch. 1 (item 5) |
Telecommunications (Universal Service Levy) Amendment Act 2000 | 131, 2000 |
Overview
The Telecommunications (Universal Service Levy) Act 1997, enacted by the Parliament of Australia, was introduced to address the problem of ensuring that standard telephone services, payphones, and prescribed carriage services are reasonably accessible to all people in Australia. This legislation aims to impose a levy on participating telecommunications persons to ensure the provision of these essential services. The Act binds the Crown in right of each state, the Australian Capital Territory, the Northern Territory, and Norfolk Island, and extends to each external territory as specified in the Telecommunications (Consumer Protection and Service Standards) Act 1999. The policy objective of this Act is to maintain and enhance the accessibility of standard telecommunications services across the country, reflecting a commitment to universal service provision in the telecommunications sector.
Scope and Application
The Telecommunications (Universal Service Levy) Act 1997 applies to participating persons, defined in accordance with Part 2 of the Telecommunications (Consumer Protection and Service Standards) Act 1999, who have a levy debit balance for a claim period. The Act binds the Crown in right of each of the States, the Australian Capital Territory, the Northern Territory, and Norfolk Island, and extends to each external Territory referred to in section 8B of the Telecommunications (Consumer Protection and Service Standards) Act 1999. The imposition and amount of the levy are determined based on the levy debit balance for a claim period. The Act does not specify exclusions, exemptions, or thresholds, but the operation of amendments and application provisions are noted in the accompanying Notes section. The Act may be extended or restricted through subordinate instruments, although specific details of such instruments are not provided in the given text.
Key Provisions
- The Telecommunications (Universal Service Levy) Act 1997 (sections 6 to 8) imposes a levy on participating persons who have a levy debit balance due to section 20S of the Telecommunications (Consumer Protection and Service Standards) Act 1999. The levy amount is equivalent to the levy debit balance for a given claim period. The levy is payable by the participating person as per section 8. This Act binds the Crown in right of each State, the Australian Capital Territory, the Northern Territory, and Norfolk Island, as stipulated in section 3. Additionally, it extends to external territories as mentioned in section 8B of the Telecommunications (Consumer Protection and Service Standards) Act 1999, as per section 4.
- The Act imposes specific obligations on participating persons who must pay the levy on their levy debit balance if it exists. These obligations are tied to the claim period and the amount of the levy, which is determined by the levy debit balance. The participating persons are required to ensure that they settle any levy imposed on them as per section 8. The levy is a financial responsibility that must be met by the participating person for the period in question.
- Breach of the obligations under this Act can result in civil or criminal consequences, although specific penalties are not detailed in the Act itself. The penalties for non-compliance are likely to be outlined in related legislation, such as the Telecommunications (Consumer Protection and Service Standards) Act 1999. Typically, failure to comply with telecommunications regulations can result in fines, legal action, or other enforcement measures, depending on the nature and severity of the breach.
- Area of Law
- Telecommunications Law
- Instrument
- Act
- Concepts
- Commencement Provisions
- Imposition of Levy
- Licensing & Registration
- Offence Provisions
