Australian Communications and Media Authority – Telecommunications (Numbering Charges) Act 1997 – Subsection 18(2) – Determination for the purposes of subsection 18(1) (05/01/2015)

Overview

The Australian Communications and Media Authority – Telecommunications (Numbering Charges) Act 1997 was enacted to address the need for a structured regulatory framework governing the imposition of charges related to telecommunications numbering services. This Act, passed by the Parliament of Australia, aims to ensure that such charges are fair, transparent, and imposed in a manner consistent with the overall regulatory objectives of the telecommunications sector. The authority granted to the Australian Communications and Media Authority under this Act enables the imposition of charges on telecommunications services in a regulated and predictable manner, thereby supporting the policy objective of maintaining a stable and efficient telecommunications market. This Determination, made under subsection 18(2) of the Act, specifies a particular date in 2015 when the charge on allocated numbers would be applicable, thereby providing clarity and certainty to both service providers and consumers.

Scope and Application

The Telecommunications (Numbering Charges) Act 1997 applies to carriage service providers, which include telecommunications companies, in relation to the imposition of charges for the use of telecommunications numbers. The Act applies on a Commonwealth level, governing the charging mechanisms and regulations associated with telecommunications numbering across Australia. The Act sets out specific criteria for when charges are applicable, particularly relating to the holding of allocated numbers by service providers on designated days. The Act may extend its application through subordinate instruments, which could provide further clarification or detail on the implementation of the charges. However, the excerpt provided does not detail any exclusions, exemptions, or thresholds within the Act itself, focusing instead on the specific determination made by the ACMA for the year 2015.

Key Provisions

The Telecommunications (Numbering Charges) Act 1997, under subsection 18(2), enables the Australian Communications and Media Authority (ACMA) to make determinations about specific dates when charges are imposed on allocated numbers held by carriage service providers. In this instance, the ACMA has determined that 12 April 2015 is the applicable date for the purposes of subsection 18(1) of the Act (subsection 18(2)). This determination is critical because it triggers the imposition of charges under Part 3 of the Act on any number held by a carriage service provider on the specified date. This means that if a provider holds an allocated number on 12 April 2015, they will be subject to the charges outlined in the Act. The Act imposes several obligations on the parties it governs. Carriage service providers must ensure they are aware of the dates specified by the ACMA and understand the implications of holding an allocated number on those dates. Specifically, they must be prepared to account for the charges that will be imposed under the Act if they hold an allocated number on the determined date. Additionally, the ACMA, as the governing body, has the responsibility to make these determinations and ensure they are communicated effectively to the relevant parties. The ACMA must also ensure that the determinations are made in accordance with the legislative requirements and are appropriately justified and documented. Breaching the provisions of the Act can lead to various consequences. If a carriage service provider fails to comply with the requirements to pay the charges imposed under Part 3, they may face civil penalties. The Act does not specify the exact amount of the penalties, but it does provide a framework for determining the appropriate level of penalty based on the nature and extent of the breach. In more severe cases, failure to comply could lead to criminal charges, which may result in fines and, in some instances, imprisonment. It is important for both the ACMA and the providers to adhere strictly to the Act’s provisions to avoid these potential consequences.