Determination under paragraph 15(1)(d) No. 1 of 2017

Administered by Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts

Legislation au F2017L00145 In force Legislative Instrument

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EXPLANATORY STATEMENT

Telecommunications (Carrier Licence Charges) Act 1997

Determination Under Paragraph 15(1)(d) No. 1 of 2017

Issued by authority of the Minister for Communications

Authority

Section 15 of the Telecommunications (Carrier Licence Charges) Act 1997 (the Act) sets out the method of calculating annual charges that apply to the carrier licences held by telecommunications carriers. Paragraphs 15(1)(a) to (d) set out the amounts to be used in thecalculation.

Subsection 15(2) of the Act provides that an instrument under subsection (1) is a legislative instrument.

Purpose

The Determination has been made for the purposes of paragraph 15(1)(d) of the Act.

Details

The Determination provides that $2,230,000 is the estimated total amount of grants likely to be made during the 2016-17 financial year under section 593 of the Telecommunications Act 1997 (Tel Act)

For the 2016-17 financial year, the determinations referenced in paragraphs 15(1)(a), (c) and (ca) will be made by the Australian Communications and Media Authority and the determination referenced in paragraph 15(1)(b) will be made by the Australian Competition and Consumer Commission.

Background

Section 593 of the Tel Act provides that the Minister may, on behalf of the Commonwealth, make a grant of financial assistance to:

a consumer body for purposes in connection with the representation of the interests of consumers in relation to telecommunications issues (subsection 593(1)); and/or
a person or body for purposes in connection with research into the social, economic, environmental or technological implications of developments relating to telecommunications (subsection 593(2)).

Since 2009-10, several grants of financial assistance under section 593 of the Tel Act have been provided to the Australian Communications Consumer Action Network (ACCAN). ACCAN is the peak body representing consumers of telecommunication services. ACCAN is currently provided $2 million (GST exclusive and CPI indexed) per annum as part of a multi-year Funding Agreement to 30 May 2017. The current grant enables ACCAN to conduct activities necessary for an effective peak communications consumer advocate, including representation, research, consumer education and participation in self-regulatory activities. The grant also allows ACCAN to operate an annual competitive Independent Grants Scheme for individuals and organisations to undertake research or representation projects in the interest of the telecommunication consumer.

Consultation

Consultation on the Determination was considered unnecessary because the instrument is of a minor or machinery nature and does not substantially alter existing arrangements.

Regulatory impact

The Office of Best Practice Regulation (OBPR) was previously consulted about the making of the Determination. The OBPR considered that the regulatory changes arising from the Determination are machinery in nature and that no Regulation Impact Statement is required. The OBPR regulation impact statement exemption number for the Determination is ID 12379.

Other details

A statement of compatibility with human rights for the purposes of Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011 is set out in Attachment 1.

Attachment 1

Statement of compatibility with human rights

Prepared in accordance with Part 3 of the

Human Rights (Parliamentary Scrutiny) Act 2011

Determination Under Paragraph 15(1)(d) No. 1 of 2017

The Determination is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

The Determination is made by the Minister for Communications under paragraph 15(1)(d) of the Telecommunications (Carrier Licence Charges) Act 1997.

The Determination sets out the estimated total amount of grants that are likely to be made during the 2016-17 financial year under section 593 of the Telecommunications Act 1997.

Section 593 provides that the Minister may, on behalf of the Commonwealth, make a grant of financial assistance to persons or bodies (for the purpose of research into the social, economic, environmental and technological implications of developments relating to telecommunications), and to consumer bodies (for purposes in connection with the representation of consumer interests in relation to telecommunications issues).

The Determination does not engage any of the applicable rights or freedoms. Accordingly, the Determination is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011, as it does not raise any human rights issues.

Overview

The Telecommunications (Carrier Licence Charges) Act 1997 was enacted by the Parliament of Australia to regulate the annual charges for carrier licences held by telecommunications carriers. This legislation was introduced to address the need for a structured and predictable framework for calculating these charges, ensuring that the regulatory environment remained stable and fair for both the carriers and consumers. The Act sets out the method of calculating these charges and specifies the amounts to be used in the calculation. The Telecommunications (Carrier Licence Charges) Determination Under Paragraph 15(1)(d) No. 1 of 2017, issued by the Minister for Communications, provides an estimate of the total amount of grants likely to be made during the 2016-17 financial year under section 593 of the Telecommunications Act 1997, which pertains to financial assistance for research and consumer representation in telecommunications issues. The determination process is considered to be of a minor or machinery nature, not substantially altering existing arrangements, and does not require extensive consultation or a Regulation Impact Statement.

Scope and Application

The Telecommunications (Carrier Licence Charges) Act 1997 Determination Under Paragraph 15(1)(d) No. 1 of 2017 applies to telecommunications carriers who hold a carrier licence and are subject to annual charges as outlined in the Act. The determination specifies the estimated total amount of grants likely to be made during the 2016-17 financial year under section 593 of the Telecommunications Act 1997, which pertains to financial assistance for consumer bodies and research into telecommunications developments. The geographic reach of the Act is national, applying across Australia. The determination itself does not impose any new exclusions or exemptions but references existing provisions under the Telecommunications Act 1997. The application of the Act can be further detailed through subordinate instruments, such as those referencing the specific amounts to be used in the charge calculation as outlined in paragraphs 15(1)(a) to (d).

Key Provisions

The main operative sections of the Telecommunications (Carrier Licence Charges) Determination 2017 pertain to the estimated total amount of grants likely to be made during the 2016-17 financial year under section 593 of the Telecommunications Act 1997 (section 15(1)(d)). This determination specifies that the amount is $2,230,000 and clarifies that this amount will be used in the calculation of annual charges applicable to carrier licences held by telecommunications carriers. This is in accordance with the method of calculation set out in section 15 of the Telecommunications (Carrier Licence Charges) Act 1997. The amounts to be used in the calculation are outlined in paragraphs 15(1)(a) to (d). The Australian Communications and Media Authority and the Australian Competition and Consumer Commission will make determinations referenced in paragraphs 15(1)(a), (c) and (ca), while the Australian Competition and Consumer Commission will make the determination referenced in paragraph 15(1)(b). The obligations and requirements imposed by the Act on the parties or entities it governs include ensuring that the calculated annual charges for carrier licences are based on the specified amounts as determined by the relevant authorities. This involves the Australian Communications and Media Authority and the Australian Competition and Consumer Commission making their respective determinations for the specified paragraphs. The Act also requires that the Minister for Communications make a grant determination under section 593 of the Telecommunications Act 1997, specifying the estimated total amount of grants for the financial year in question. This grant is intended to support consumer bodies and research into the social, economic, environmental or technological implications of telecommunications developments. Any breaches of the Act, including the failure to adhere to the specified grant determinations, may result in civil or criminal consequences. The Act does not explicitly state the maximum penalties for breaches; however, breaches of legislative instruments typically carry a range of penalties depending on the severity and nature of the breach. These penalties can include fines, legal actions, or other enforcement measures as deemed appropriate by the relevant authorities. The Act ensures that the determinations and calculations are conducted in a manner that is compliant with human rights, as outlined in the Statement of Compatibility with Human Rights in Attachment 1.

Area of Law: Telecommunications Law; Finance & Banking Law
Instrument: Legislative Instrument
Concepts: Reporting & Disclosure Obligations; Regulatory Standards; Offence Provisions

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.

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