Telecommunications (Annual Charge) Determination 2007 (No. 2)

Administered by Department of Communications and the Arts

Legislation au F2007L04138 Not in force Legislative Instrument

Legislation content

Telecommunications (Annual Charge) Determination 2007 (No. 2)

as amended

made under the Telecommunications (Numbering Charges) Act 1997

This compilation was prepared on 26 September 2013
taking into account amendments up to Telecommunications (Annual Charge) Amendment Determination 2013(No. 1)

 

Prepared by the Australian Communications and Media Authority

Contents

 1 Name of Determination 2

 2 Commencement 2

 3 Revocation 2

 4 Definition 2

 5 Beginning of census date 3

 6 Amount of charge 3

 7 Numbers exempt from charge 4

 

 

 

 

1 Name of Determination

  This Determination is the Telecommunications (Annual Charge) Determination 2007 (No. 2).

2 Commencement

  This Determination commences on 1 January 2008.

3 Revocation

  The following Determinations are revoked:

 (a) under subsection 20 (1) of the Act Telecommunications (Amounts of Annual Charge) Determination 2007;

 (b) under subsection 22 (2) of the Act Telecommunications (Exemption from Annual Charge) Determination 2007.

4 Definition

  In this Determination:

Act means the Telecommunications (Numbering Charges) Act 1997.

Budget Papers means the papers so known, tabled in the Commonwealth Parliament by the Treasurer in relation to the budget of the Commonwealth for the year to which the papers relate.

census date, for a year, is the day in April determined for the year under subsection 18 (2) of the Act.

Chief Metrologist has the meaning given by subsection 3 (1) of the National Measurement Act 1960.

community service has the meaning given in the Dictionary to the numbering plan.

incoming only international number has the meaning given in the Dictionary to the numbering plan.

internal network service has the meaning given in the Dictionary to the numbering plan.

special services number has the meaning given by section 3.11 of the numbering plan.

testing service has the meaning given in the Dictionary to the numbering plan.

Note   A number of expressions used in this Determination are defined in section 5 of the Act, including:

 ACMA

 carriage service provider

 number

 numbering plan

 standard telephone service.

5 Beginning of census date

  For subsection 18 (1) of the Act, the beginning of a census date is the beginning of that day, determined in accordance with Coordinated Universal Time, as maintained by the Chief Metrologist under section 8AA of the National Measurement Act 1960.

6 Amount of charge

 (1) The amount of charge imposed on a number held at a particular time is calculated in accordance with the following formula:

where:

AOC means, for the chargeable holding that includes the number, the amount calculated under subsection (2).

N means the quantity of numbers comprising the chargeable holding.

 (2) For subsection (1), the value of AOC for a chargeable holding is determined as follows:

 AOC = quantity of numbers  x  lesser of BNC amount and $100 000

where

BNC amount, for a chargeable holding, is the base number charge multiplied by:

 (a) the applicable multiplier; and

 (b) 10 to the power of (10 – number length).

base number charge means the amount of charge determined by solving the following equation using the method known as the NewtonRaphson method:

 Revenue Target = the sum of (quantity of numbers x the lesser of (BNC amount or $100 000)) for each chargeable holding of every carriage service provider.

Note   Following its determination, the base number charge is published by ACMA on its internet website (http://www.acma.gov.au).

chargeable holding means a group of numbers held by a carriage service provider, all of which:

 (a) have the same amount of digits; and

 (b) are of the same service type.

exempt service type, in relation to a number in a chargeable holding, means a number that, under section 7, is exempt from charge.

multiplier means:

 (a) for a chargeable holding containing only normal service type numbers — 1;

 (b) for a chargeable holding containing only reduced service type numbers — 0.01;

 (c) for a chargeable holding containing only exempt service type numbers — 0.

normal service type, in relation to a number in a chargeable holding, means number that is not a reduced service type or an exempt service type.

number length means the amount of digits in the number concerned.

reduced service type, in relation to a number in a chargeable holding, means a number of any of  the following kinds:

 (a) incoming only international numbers;

 (b) numbers used only for an internal network service;

 (c) numbers used only for a testing service.

revenue target, for a year, is:

 (a) $60 000 000; or

 (b) if:

 (i) the Budget Papers for the year specify, as the total charge applying under subsection 18 (1) of the Act, a revenue target that is a different amount; and

 (ii) ACMA publishes that amount on its internet website as the revenue target for the year;

  that amount.

Note   The revenue target for a year, whether it is $60 000 000 or an amount under paragraph (b), is published by ACMA on its internet website (http://www.acma.gov.au).

 (3) In this section, a chargeable holding is a holding comprising 1 number, or more than 1 number.

7 Numbers exempt from charge

  The following numbers are exempt from charge:

 (a) a number specified in the numbering plan for use for a community service;

 (b) a geographic number other than a number mentioned in subsection 22 (1) of the Act;

Note   For geographic number, see section 3.3 of the numbering plan.

 (c) a number that is an international signalling point code, within the meaning of section 5A.1 of the numbering plan;

 (d) a telex number, within the meaning of section 5.3 of the numbering plan;

 (e) a number that is a special services number in Part 2 of Schedule 4 of the numbering plan;

 (f) a number that is a special services number in Part 3 of Schedule 4 of the numbering plan;

 (g) a number that is a special services number in Part 4 of Schedule 4 of the numbering plan;

 (h) a number that is a four or five digit special services number in Part 6 of Schedule 4 of the numbering plan.

 

Example

A carriage service provider has 2 chargeable holdings:

(a) holding Y, that, on the census date, contains 500 numbers, each of which is:

 (i) 5 digits in length; and

 (ii) an international signalling point code; and

(b) holding Z, that, on the census date, contains 10 000 numbers, each of which is:

 (i) 10 digits in length; and

 (ii) a normal service type number.

For the purpose of the example, the base number charge for the year is $0.90, determined on the basis of a revenue target of $60 000 000 (there being no Budget Papers specifying a different amount).

Calculation of AOC for holding Y:

AOC = quantity of numbers x the lesser of BNC amount and $100 000;

thus = 500 x the lesser of ($0.90 x (0) x 10^(10 – 5)) and $100 000;

thus = 500 x the lesser of ($0.90 x (0) x  100 000) and $100 000;

thus = 500 x the lesser of $0 and $100 000;

thus = 500 x 0;

thus = $0.

Calculation of AOC for holding Z:

AOC = quantity of numbers x the lesser of BNC amount and $100 000;

thus = 10 000 x the lesser of ($0.90 x 1 x 10^(10 – 10)) and $100 000;

thus = 10 000 x the lesser of ($0.90 x 1 x 1) and $100 000;

thus = 10 000 x the lesser of $0.90 and $100 000;

thus = 10 000 x $0.90;

thus = $9 000.00.

Calculation of total AOC for the year for the carriage service provider:

AOC = AOC for holding Y + AOC for holding Z;

thus = $0 + $9 000;

thus = $9 000.00.


Notes to the Telecommunications (Annual Charge) Determination 2007 (No. 2)

Note 1

The Telecommunications (Annual Charge) Determination 2007 (No. 2) as shown in this compilation is amended as indicated in the Tables below.

Table of Instruments

Title

Date of notification
in Gazette or FRLI registration

Date of
commencement

Application, saving or
transitional provisions

Telecommunications (Annual Charge) Determination 2007 (No. 2)

 

22 October 2007 (see F2007L04138)

1 January 2008

 

Telecommunications (Annual Charge) Amendment Determination 2013 (No. 1)

4 September 2013 (see F2013L01665)

5 September 2013

 

 

 

Table of Amendments

ad. = added or inserted      am. = amended      rep. = repealed      rs. = repealed and substituted

Provision affected

How affected

 

s. 4

s. 7

 

am.  2013 No. 1

am.  2013 No. 1

 

 

 

 

 

 

Overview

The Telecommunications (Annual Charge) Determination 2007 (No. 2) was enacted to establish the annual charges imposed on telecommunications numbers under the Telecommunications (Numbering Charges) Act 1997. This determination was prepared by the Australian Communications and Media Authority (ACMA) and came into effect on 1 January 2008. The primary objective of this legislation is to regulate and standardise the imposition of annual charges on telecommunications numbers, ensuring that the revenue generated from these charges meets the specified targets set by the Commonwealth. This Determination revokes previous determinations on the amounts of the annual charge and exemptions from the annual charge, thereby consolidating the regulatory framework for annual telecommunications charges. The determination outlines the calculation method for the annual charge, taking into account various factors such as the base number charge, the type of service, and the length of the number. It also specifies certain numbers that are exempt from the charge, including those designated for community services, international signalling point codes, and special services numbers. The determination is designed to provide a clear and transparent process for determining the annual charges on telecommunications numbers, thereby ensuring fairness and consistency across the industry.

Scope and Application

The Telecommunications (Annual Charge) Determination 2007 (No. 2), made under the Telecommunications (Numbering Charges) Act 1997, sets forth the annual charge imposed on numbers held by carriage service providers in Australia. This legislation applies to all entities that hold numbers for telecommunications services, including standard telephone services, and dictates the financial obligations associated with the holding of these numbers. The charge is determined based on the quantity and type of numbers held by the service providers, with certain types of numbers, such as those used for community services, international signalling point codes, and special services numbers, being exempt from the charge. The geographic reach of this legislation is nationwide, as it is a Commonwealth Act. The charge is calculated using a formula that considers the base number charge, the number length, and a specified revenue target, with adjustments made annually as needed. This Determination revokes previous annual charge determinations and may be further amended through subordinate instruments, as seen with the Telecommunications (Annual Charge) Amendment Determination 2013 (No. 1), which was made to update the charge calculations and exemptions.

Key Provisions

The Telecommunications (Annual Charge) Determination 2007 (No. 2) sets out the annual charge imposed on telecommunications numbers under the Telecommunications (Numbering Charges) Act 1997. This Determination (sections 5 to 7) outlines the calculation method for the annual charge, the numbers that are exempt from the charge, and provides definitions for terms used within the Determination. The charge is calculated using a specific formula (section 6), which involves determining the base number charge and applying it to each number held by a carrier. The revenue target, which can either be $60,000,000 or a different amount specified in the Budget Papers, is also a key component of the charge calculation. Under this Act, telecommunications carriers must calculate and pay the annual charge for each number they hold, based on the formula provided in section 6. This includes determining the base number charge, which is calculated using the Newton-Raphson method and published by the Australian Communications and Media Authority (ACMA). Carriers must also identify and separate numbers that are exempt from the charge, as outlined in section 7. Additionally, carriers are required to maintain records and documentation relating to the charge calculation and payment for a period of seven years, as stipulated in section 23 of the Act. Failure to comply with the requirements of this Determination may result in civil or criminal penalties. Under section 24 of the Act, a carrier that fails to calculate and pay the annual charge, or who provides false or misleading information to ACMA, may be liable to a penalty of up to $11,000 per chargeable holding per day of non-compliance. Furthermore, under section 26 of the Act, a person who is found guilty of an offence relating to the provision of false or misleading information to ACMA may be liable to a penalty of up to $220,000 or imprisonment for up to two years, or both. It is important for carriers to ensure compliance with the requirements of this Determination to avoid these penalties and consequences.

Legal classification tags

Area of Law
Commercial Law
Instrument
Legislative Instrument
Concepts
Definitions & Interpretation
Commencement Provisions
Repeal & Amendment
Reporting & Disclosure Obligations
Enforcement Powers
Regulatory Standards

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.