Determination under paragraph 15(1)(d) No. 1 of 2018

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

Legislation au F2018L00060 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 2018

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 the calculation.

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

Commencement

This Determination commences at the start of the day after it is registered on the Federal Register of Legislation.

Note: the Federal Register of Legislation may be accessed at www.legislation.gov.au

Purpose

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

Details

The Determination provides that $2,261,000 is the estimated total amount of grants likely to be made during the 2017-18 financial year under section 593 of the Telecommunications Act 1997 (Tel Act).

For the 2017-18 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 $2.261 million per annum (GST-exclusive and subject to indexation), as part of a multi-year funding agreement that expires on 31 May 2022.

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 a 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.

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 2018

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 2017-18 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 to regulate the method of calculating annual charges for carrier licences held by telecommunications carriers. This legislation aimed to address the need for a systematic approach to determining the financial obligations of telecommunications carriers, ensuring a fair and transparent process for all stakeholders involved. The Act was enacted by the Australian Parliament, with a clear policy objective to maintain a balanced regulatory environment that supports the telecommunications industry while protecting consumer interests. The Determination under Paragraph 15(1)(d) No. 1 of 2018 further refines this framework by specifying the estimated total amount of grants that are likely to be made during the 2017-18 financial year, aligning with the objectives of the parent Act to provide clarity and stability in the financial commitments of telecommunications carriers.

Scope and Application

The Telecommunications (Carrier Licence Charges) Act 1997 Determination Under Paragraph 15(1)(d) No. 1 of 2018 specifies the estimated total amount of grants likely to be made during the 2017-18 financial year under section 593 of the Telecommunications Act 1997. This amount is set at $2,261,000 and is used in the calculation of annual charges for carrier licences held by telecommunications carriers. The determination applies to the Commonwealth and affects the financial obligations of telecommunications carriers, as it directly influences the amount of annual carrier licence charges they must pay. The application of this Determination is nationwide, extending across the entire Commonwealth of Australia. The Determination does not explicitly exclude any specific entities or industries but rather targets telecommunications carriers holding carrier licences. Any changes or extensions to the application of this Determination are to be made through subordinate instruments, as outlined in the Act.

Key Provisions

The Telecommunications (Carrier Licence Charges) Act 1997 Determination Under Paragraph 15(1)(d) No. 1 of 2018 specifies the method of calculating annual charges for carrier licences held by telecommunications carriers (section 15). The estimated total amount of grants likely to be made during the 2017-18 financial year under section 593 of the Telecommunications Act 1997 is $2,261,000. This amount is used in the calculation of the annual carrier licence charges, which are specified in paragraphs 15(1)(a) to (d) of the Act. The determinations referenced in paragraphs 15(1)(a), (c) and (ca) for the 2017-18 financial year will be made by the Australian Communications and Media Authority, while the determination referenced in paragraph 15(1)(b) will be made by the Australian Competition and Consumer Commission. The Act imposes specific obligations on telecommunications carriers, requiring them to pay annual charges calculated according to the specified method outlined in section 15 of the Act. These charges are determined based on the estimated total amount of grants likely to be made during the financial year under section 593 of the Telecommunications Act 1997. Additionally, the Act requires the Australian Communications and Media Authority and the Australian Competition and Consumer Commission to make determinations referenced in paragraphs 15(1)(a), (c), (ca), and (b) respectively. These entities must ensure that the calculations of annual charges for carrier licences are accurate and reflect the estimated grant amounts. The Act does not explicitly state any offences, penalties, or civil/criminal consequences for breach within the determination itself. However, any breach of the obligations imposed by the Act could potentially lead to enforcement actions under the broader legislative framework. For instance, failure to comply with the requirements for calculating and paying annual carrier licence charges could result in enforcement actions by regulatory authorities, including potential fines or other penalties as stipulated under the Telecommunications Act 1997 and related regulations. The specific penalties would depend on the nature and severity of the breach, as well as any applicable administrative or judicial processes.

Area of Law: Telecommunications Law
Instrument: Legislative Instrument
Concepts: Commencement Provisions; Reporting & Disclosure Obligations; Financial Assistance

Interactions

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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