Telecommunications (Amounts of Annual Charge) Determination 2005

Administered by Department of Communications and the Arts

Legislation au F2005L00877 Not in force Legislative Instrument

Legislation content

Explanatory statement

Issued by the authority of the Australian Communications Authority

Telecommunications (Amounts of Annual Charge) Determination 2005

Telecommunications (Numbering Charges) Act 1997

 

Statutory basis

 

Section 18 of the Telecommunications (Numbering Charges) Act 1997 (the Act) provides that, if a carriage service provider holds an allocated number at the beginning of a day in April determined by the Australian Communications Authority (ACA), annual numbering charge is imposed on that number.  Section 20 of the Act provides that the amount of annual numbering charge imposed on a number is an amount specified by the ACA in a written determination.

 

Purpose

 

The Telecommunications (Amounts of Annual Charge) Determination 2005 specifies the amount of annual numbering charge applicable to particular numbers.

 

Background

 

The Commonwealth Government has asked the ACA to collect a set amount of revenue each year from carriage service providers that hold certain telephone numbers. The ACA collects this revenue through the annual numbering charge process.

 

The ACA collects annual numbering charges in accordance with the provisions of the Telecommunications Act 1997, the Telecommunications (Numbering Charges) Act 1997, and determinations made by the ACA under these Acts.

 

Under the annual numbering charge process, carriage service providers are liable for charges in respect of certain allocated numbers that they hold on a census day (determined by the ACA) in April each year.  In 2005, under the Telecommunications (Date of Imposition of Charge) Determination 2005, the census date is 3 April 2005.

 

Not all types of numbers are subject to annual numbering charge.  Under subsection 22(1) of the Act, geographic numbers that have been allocated to a carriage service provider for the purposes of providing a standard telephone service to a customer are exempt from charge.  Under the Telecommunications (Exemption from Annual Charge) Determination 2005, international signalling point codes, geographic numbers (other than those that have been allocated to a carriage service provider for the purposes of providing a standard telephone service to a customer), community service numbers, ENUM Trial numbers, telex numbers and the Country Calling Card number (18919), are also exempt from charge.

 

The Office of Regulation Review has advised that a Regulation Impact Statement is not required for this determination.

 


Amounts of charge to be imposed

 

The ACA has decided that the amount of annual numbering charge imposed on a number will be based on the number’s length.  A standard rate of charge is set for 10-digit numbers and this amount is increased (or decreased) by a factor of 10 for each single digit reduction (or increase) in the number’s length.

 

In order to meet the Government’s 2005 annual numbering charge revenue target of $60 million, the standard rate of charge for a 10-digit number has been set at $0.946093280.90181783.  The charge for numbers of differing length is derived from this figure in the manner described above, with the exception of three- and four- digit numbers which will be charged at $100,000 per number (the maximum amount allowable under section 21 of the Act).

 

Numbers used for incoming only international services, internal network services and testing services are charged at a reduced rate relative to that applied to all other chargeable numbers.  The standard rate of charge applicable to a 10-digit number of this type has been set at $0.00946093280.09018178.  Again, the charge for numbers (of this type) of differing length is derived from this figure in the manner described above.  The reduced rate of charge is set on the basis that:

  • the amount of revenue derived from incoming only international numbers is not commensurate with the large quantity of numbers allocated to carriage service providers; and
  • internal network and testing service numbers do not directly provide carriage service providers with any revenue.

 

The standard rate of charge imposed in 2005 represents a decrease of 114 per cent relative to the amount imposed in 2004.  This decrease is attributable to the fact that since the 20043 annual numbering charge census date, the numbering charge value of the numbers that have been allocated has exceeded the numbering charge value of those that have been surrendered, while the annual numbering charge revenue target of $60 million has remained unchanged. 

 

NOTES ON SECTIONS

 

Section 1 – Name of Determination

 

This section provides that the determination is the Telecommunications (Amounts of Annual Charge) Determination 2005.

 

Section 2 – Commencement

 

This section provides that the determination commences on the day after it is registeredgazettal.

 

Section 3 – Revocation – Telecommunications (Amounts of Annual Charge) Determination 2004

 

This section revokes the Telecommunications (Amounts of Annual Charge) Determination 2004.

 


Section 4 – Definitions

 

This section defines the terms used in the determination. 

 

Section 5 – Specification of amounts of charge (Act s20)

 

This section specifies that amounts of annual numbering charge apply to certain allocated numbers that are held by carriage service providers on the date on which charges are imposed (i.e. 3 April 2005).

 

Subsection 5 (1) specifies the amounts of charge applicable to incoming only international numbers and numbers used in connection with internal network services and testing services.  Such numbers vary in length between three digits and 15 digits.  The amounts of charge applicable to these numbers are detailed in Part 1 of Schedule 1.

 

Subsection 5 (2) specifies the amounts of charge applicable to all other numbers on which annual numbering charges are imposed.  Such numbers vary in length between three digits and 15 digits.  The amounts of charge applicable to these numbers are detailed in Part 2 of Schedule 1.

 

Schedule 1 – Amounts of Charge

 

Part 1 of Schedule 1 sets out the amounts of charge for incoming only international numbers, internal network numbers and testing numbers. The table in Part 1 of the Schedule sets out the different rates of charge for these numbers, for numbers with 3 digits to numbers with 15 digits.

 

Part 2 of Schedule 1 sets out the amounts of charge for numbers other than those covered by Part 1 of the Schedule. The table in Part 2 of the Schedule sets out different rates of charge for these numbers, for numbers with 3 digits to numbers with 12 digits.

Overview

The Telecommunications (Amounts of Annual Charge) Determination 2005 was enacted by the Australian Communications Authority (ACA) to specify the amounts of annual numbering charges applicable to certain telephone numbers, as stipulated under the Telecommunications (Numbering Charges) Act 1997. This legislative instrument was introduced to meet the Commonwealth Government's annual revenue target of $60 million from carriage service providers holding particular telephone numbers. The ACA determines the annual charge amount based on the number's length, with a standard rate set for 10-digit numbers, adjusted for numbers of differing lengths, while certain types of numbers are exempt from the charge. The determination also introduces reduced rates for numbers used for incoming-only international services, internal network services, and testing services. This legislative measure aims to ensure the ACA collects the required revenue while providing a structured approach to numbering charges based on the length and type of telephone numbers held by service providers.

Scope and Application

The Telecommunications (Amounts of Annual Charge) Determination 2005 specifies the amount of annual numbering charge applicable to particular numbers held by carriage service providers on a census day, as determined by the Australian Communications Authority (ACA). This charge is imposed under the Telecommunications (Numbering Charges) Act 1997, specifically in relation to allocated numbers held on the census day in April, which in 2005 was 3 April. The purpose of this charge is to collect a set amount of revenue each year from carriage service providers, as directed by the Commonwealth Government. The charge is applied based on the number's length, with a standard rate set for 10-digit numbers, and adjustments made for numbers shorter or longer than 10 digits, except for three- and four-digit numbers which are charged at a maximum rate of $100,000 per number. Additionally, numbers used for incoming only international services, internal network services, and testing services are subject to a reduced rate of charge. Notably, certain types of numbers, such as geographic numbers allocated for providing a standard telephone service, international signalling point codes, community service numbers, and others, are exempt from this charge under the relevant provisions and determinations of the ACA.

Key Provisions

The Telecommunications (Amounts of Annual Charge) Determination 2005 (the Determination) sets out the annual numbering charges applicable to certain telephone numbers held by carriage service providers on a specific date in April (s5). The charges are specified in the Determination and are based on the length of the numbers, with a standard rate for 10-digit numbers and adjustments for numbers that are longer or shorter (s5(1) and (2)). For example, the standard rate for a 10-digit number is $0.946093280.90181783, and this amount increases or decreases by a factor of 10 for each digit reduction or increase in the number's length. Certain numbers, such as those used for incoming only international services, internal network services, and testing services, are charged at a reduced rate (s5(1)). The amounts of charge are detailed in Schedule 1 of the Determination. The Determination imposes obligations on carriage service providers to pay the annual numbering charges for the numbers they hold on the census day (s5). The charges are based on the number's length, and the amounts are specified in the Determination. The Determination also requires the Australian Communications Authority (ACA) to collect the charges from the carriage service providers. The ACA is responsible for determining the amount of annual numbering charge imposed on a number and setting the charge in a written determination (s20 of the Telecommunications (Numbering Charges) Act 1997). There are no offences or penalties specified in the Determination. However, failure to pay the annual numbering charges may result in legal action by the ACA to recover the charges. The Determination does not provide for any specific civil or criminal consequences for non-payment of the charges. The ACA may take legal action to recover the charges, and the carriage service provider may be liable for any costs and damages incurred by the ACA as a result of the non-payment. The maximum penalty for non-payment of the charges is not specified in the Determination.

Legal classification tags

Area of Law
Telecommunications Law
Instrument
Statutory Instrument
Concepts
Definitions & Interpretation
Regulatory Standards
Licensing & Registration
Offence Provisions

Interactions

Authorises

All Versions

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.