EXPLANATORY STATEMENT

Approved by the Australian Communications and Media Authority

Telecommunications (Numbering Charges) Act 1997

Telecommunications (Annual Charge) Determination 2025

Authority

The Australian Communications and Media Authority (the ACMA) has made the Telecommunications (Annual Charge) Determination 2025 (the instrument) under subsections 20(1) and 22(2) of the Telecommunications (Numbering Charges) Act 1997 (the Numbering Charges Act) and subsection 33(3) of the Acts Interpretation Act 1901 (AIA).

Subsection 20(1) of the Numbering Charges Act provides that the charge that is imposed on a number at a particular time is to be ascertained in accordance with a written determination made by the ACMA. Subsection 20(2) provides that a determination made under subsection 20(1) of the Numbering Charges Act is a legislative instrument. Subsection 22(2) of the Numbering Charges Act provides that the ACMA may, by written determination, exempt a specified number from a charge. Subsection 22(3) provides that a determination under subsection 22(2) of the Numbering Charges Act is a legislative instrument. 

Subsection 33(3) of the AIA relevantly provides that where an Act confers a power to make a legislative instrument, the power shall be construed as including a power exercisable in the like manner and subject to the like conditions (if any) to repeal, rescind, revoke, amend or vary any such instrument.

Purpose and operation of the instrument

Part 3 of the Numbering Charges Act imposes an annual charge on carriage service providers (CSPs) that hold telephone numbers. This charge is known as the annual numbering charge (ANC). The purpose of the instrument is to continue the established arrangements for ascertaining the relevant charge for each number allocated to a CSP, and for exempting certain numbers from charge, with some minor alterations to ensure that the instrument reflects the terminology and number types which are specified in the Telecommunications Numbering Plan 2025 (the Numbering Plan).

The Numbering Charges Act sets out the general framework under which the ANC is imposed on CSPs that hold telephone numbers.

• Under subsection 18(1), if a CSP holds an allocated number on a date determined by the ACMA each year, a charge is imposed on the number. This date is referred to as the “census date” in the instrument.
• Subsection 20(1) provides that the amount of charge imposed on a number held on the census date is the amount ascertained in accordance with a written determination made by the ACMA.
• Subsection 22(2) provides that the ACMA may by written determination, exempt a specified number from the charge.

The instrument sets the formula used to calculate the ANC. It also lists the numbers that are exempt from the ANC or charged at a reduced rate.

The formula in the instrument relies in part on the length of the number, such that the shorter digit numbers attract higher charges. The formula is designed to achieve a total collection of ANC for each year of a particular amount (“the revenue target”). The revenue target for each year is $60 million.   Under section 21 of the Numbering Charges Act the maximum allowable charge that may be imposed on any one number is $100,000.

The instrument replaces the Telecommunications (Annual Charge) Determination 2014 (the 2014 instrument) and continues the arrangements in the 2014 instrument for the ANC, including the exemption of certain numbers from charges, with minor updates to reflect updated terms used in the Numbering Plan, and to provide delayed implementation of charging for numbers specified for use with an internet of things (IoT) service. The Numbering Plan introduces a number range for IoT services in 2025.

The instrument has been made in part because the 2014 instrument was due to “sunset”, under Part 4 of Chapter 3 of the Legislation Act 2003 (the LA), on 1 April 2025. The ACMA considered that there is an ongoing requirement for an instrument to facilitate the ANC and relevant exemptions from annual charges, as intended by the Numbering Charges Act.

The instrument commences on the day after it is registered.

A provision-by-provision description of the instrument is set out at Attachment A.

The instrument is a disallowable instrument for the purposes of the LA and is subject to the sunsetting provisions in Part 4 of Chapter 3 of the LA.

Documents incorporated by reference

The instrument incorporates the following Acts or otherwise refers to them:

• the AIA;
• the LA;
• the Numbering Charges Act; and
• the Telecommunications Act 1997 (the Act).

The Acts listed above may be obtained, free of charge, from the Federal Register of Legislation (www.legislation.gov.au).

The instrument also incorporates by reference the Numbering Plan (or any replacement plan made under subsection 455(1) of the Act), as in force from time to time. The Numbering Plan (or any replacement instrument) may be obtained, free of charge, from the Federal Register of Legislation.

Consultation

Public consultation

Subsection 17(1) of the LA requires that, before the ACMA makes a legislative instrument, it must be satisfied that any consultation that the ACMA considers is appropriate and reasonably practicable to undertake, has been undertaken.

The ACMA consulted publicly between 16 December 2024 and 12 February 2025 by means of a consultation paper published on its website.

The ACMA received 4 submissions in response to the consultation paper. Respondents were generally supportive and raised no substantial issues regarding the proposed amendments, noting they are primarily administrative and consequential. There was general support for the inclusion of IoT numbers as reduced charge numbers and for public safety numbers to be exempt from charge. The submissions have been made available on the ACMA’s website. Following closure of the initial consultation, the ACMA published submissions and opened a brief reply-to-comment period. No further submissions were provided to the ACMA.

The ACMA had regard to the views of stakeholders during the finalisation of the instrument. No changes were made to the instrument arising from consultation.

Statement of compatibility with human rights

Subsection 9(1) of the Human Rights (Parliamentary Scrutiny) Act 2011 requires the rule maker in relation to a legislative instrument to which section 42 (disallowance) of the LA applies to cause a statement of compatibility to be prepared in respect of that legislative instrument.

The statement of compatibility set out below has been prepared to meet this requirement.

Overview of the instrument  

The instrument establishes how the ANC is calculated under subsection 20(1) of the Numbering Charges Act; and specifies the numbers exempt from the ANC under subsection 22(2) of the Numbering Charges Act. 

Human rights implications

The ACMA has assessed whether the instrument is compatible with human rights, being the rights and freedoms recognised or declared by the international instruments listed in subsection 3(1) of the Human Rights (Parliamentary Scrutiny) Act 2011 as they apply to Australia.

Having considered the likely impact of the instrument and the nature of the applicable rights and freedoms, the ACMA has formed the view that the instrument does not engage any of those rights or freedoms.

Conclusion

The instrument is compatible with human rights as it does not raise any human rights issues.

           Attachment A

Notes to the Telecommunications (Annual Charge) Determination 2025  

Section 1 Name

This section provides that the name of the instrument is the Telecommunications (Annual Charge) Determination 2025.

Section 2 Commencement

This section provides that the instrument commences at the start of the day after the day it is registered on the Federal Register of Legislation.

 Section 3 Authority

This section identifies the provisions which authorise the making of the instrument, namely subsections 20(1) and 22(2) of the Numbering Charges Act.

Section 4 Repeal of the Telecommunications (Annual Charge) Determination 2014

This section repeals the Telecommunications (Annual Charge) Determination 2014 (F2014L01782).

Section 5  Definitions

This section defines a number of key terms used throughout the instrument. A number of other expressions used in the instrument are defined in the Numbering Charges Act.

Section 6  References to other instruments

This section provides that in the instrument, unless the contrary intention appears, a reference to any other legislative instrument is a reference to that other legislative instrument as in force from time to time. A reference to any other kind of instrument or writing is a reference to that other instrument or writing as in force at the commencement of the instrument.

Section 7 Amount of charge

This section specifies how the annual charge for a particular number at a particular time is calculated. Relevantly, the formula sets out a methodology to ascertain the charge which is applicable at the census date in April of each year, set under subsection 18(2) of the Numbering Charges Act. The formula is designed with the aim of collecting a revenue target of $60 million and ensures that (in accordance with section 21 of the Numbering Charges Act), the maximum charge for a number of $100,000 is not exceeded.

Section 8 Numbers exempt from charge

This section specifies the numbers which are exempt from the annual charge. Subsection 8(2) provides for delayed implementation of annual charges for numbers which are specified for use in connection with an IoT service. IoT services are new to the Numbering Plan in 2025. As the ANC will be calculated very shortly after the introduction of these numbers, a transition period was included to allow carriage service providers to prepare for the collection of an ANC on these numbers. The ANC for these numbers will apply from 2026.