EXPLANATORY STATEMENT
Telecommunications (Carrier Licence Application Charge) Determination 2007
Telecommunications (Carrier Licence Charges) Act 1997
Legislative Provisions
The Telecommunications (Carrier Licence Application Charge) Determination 2007 (the Determination) has been made by the Australian Communications and Media Authority (ACMA) to revoke and replace the Telecommunications (Carrier Licence Application Charge) Determination 2004. The determination provides updated charges arising from a review of ACMA’s cost recovery fees and charges.
Section 7 of the Telecommunications (Carrier Licence Charges) Act 1997 provides that a charge is imposed on an application for a carrier licence. Subsection 9(1) specifies that the amount of charge imposed is the amount ascertained in accordance with a written determination made by ACMA. Subsection 9(2) provides that a determination made under subsection 9(1) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.
The Determination is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
Background
ACMA reviewed its fees and charges as part of a scheduled five-yearly review of its cost recovery arrangements. ACMA reviewed its existing fees and charges against cost recovery principles outlined in the Australian Government’s Cost Recovery Guidelines.
The review resulted in updates to a range of existing charges, including charges for services provided by ACMA under the Telecommunications Act 1997.
The Determination specifies the charges payable by telecommunications carriers to ACMA to recover the expenses incurred by ACMA in consideration of a carrier licence application made under section 52 of the Telecommunications Act 1997.
The Determination is named the Telecommunications (Carrier Licence Application Charge) Determination 2007.
Regulation Impact
ACMA has obtained the advice of the Office of Best Practice Regulation (formerly the Office of Regulation Review) that a Regulation Impact Statement is not required for the Determination as the proposal does not have a significant impact on business or the economy. A Cost Recovery Impact Statement has been prepared which outlines the basis for calculating the charges payable.
Consultation
A consultation paper about the review of ACMA’s existing cost recovery fees and charges was released for public comment on 22 December 2006. The consultation paper proposed the change to the carrier licence application charge in this determination. The consultation paper was also published on ACMA’s website and was provided directly to telecommunications carriers, carriage service providers and to a range of industry bodies and associations.
ACMA received five submissions on the proposed arrangements.
Commencement of Determination
The Determination commences on 1 July 2007
Notes on Sections
Section 1 – Name of Determination
Section 1 provides for the citation of the Determination as the Telecommunications (Carrier Licence Application Charge) Determination 2007.
Section 2 – Commencement
Section 2 provides that the Determination commences on 1 July 2007.
Section 3 – Carrier Licence Application Charge
Section 3 specifies the charge imposed on an application for a carrier licence.
Section 4 – Revocation
Section 4 revokes the Determination known as the Telecommunications (Carrier Licence Application Charge) Determination 2004.
Overview
The Telecommunications (Carrier Licence Application Charge) Determination 2007, enacted by the Australian Communications and Media Authority (ACMA), was introduced to address the need for updated charges for carrier licence applications under the Telecommunications (Carrier Licence Charges) Act 1997. This determination aimed to ensure that the fees charged by ACMA to telecommunications carriers were reflective of the current cost recovery principles as outlined in the Australian Government’s Cost Recovery Guidelines. The Determination revokes and replaces the previous Telecommunications (Carrier Licence Application Charge) Determination 2004, specifying the updated charges payable by telecommunications carriers to ACMA to cover the expenses incurred during the consideration of a carrier licence application. This legislative instrument was established to provide clarity and consistency in the application charges, thereby facilitating better cost recovery for the services rendered by ACMA.
Scope and Application
The Telecommunications (Carrier Licence Application Charge) Determination 2007 applies to telecommunications carriers who lodge an application for a carrier licence under section 52 of the Telecommunications Act 1997. This Determination, made by the Australian Communications and Media Authority (ACMA), sets out the charges for processing these applications to recover ACMA’s expenses. The Determination is a legislative instrument under the Legislative Instruments Act 2003 and operates nationally across Australia. It revokes the previous 2004 Determination and updates the charges based on a review of ACMA’s cost recovery arrangements. The Determination does not require a Regulation Impact Statement, as it does not significantly impact business or the economy, but a Cost Recovery Impact Statement has been prepared to detail the basis for the charges. The Determination came into effect on 1 July 2007 and is subject to disallowance under section 46A of the Acts Interpretation Act 1901.
Key Provisions
The Telecommunications (Carrier Licence Application Charge) Determination 2007 (section 1) establishes the charge imposed on an application for a carrier licence as outlined in section 7 of the Telecommunications (Carrier Licence Charges) Act 1997. The charge is specified in section 3 of the Determination, replacing the previous charge set out in the Telecommunications (Carrier Licence Application Charge) Determination 2004, which is revoked by section 4 of this Determination. The amount of the charge is determined by the Australian Communications and Media Authority (ACMA) in accordance with section 9(1) of the Act and is subject to disallowance under section 46A of the Acts Interpretation Act 1901.
This Determination imposes obligations on telecommunications carriers who apply for a carrier licence under section 52 of the Telecommunications Act 1997. Specifically, they are required to pay the charge specified in the Determination when submitting an application for a carrier licence. ACMA is responsible for setting the charge to recover its expenses incurred in considering these applications, as per the review of cost recovery principles outlined in the Australian Government’s Cost Recovery Guidelines.
Breach of the provisions outlined in this Determination does not explicitly detail specific offences, penalties, or consequences. However, as a legislative instrument, failure to comply with the requirements could potentially lead to administrative or legal consequences under the overarching acts and regulations that govern telecommunications in Australia. The penalties for non-compliance would be in line with those stipulated in the Telecommunications (Carrier Licence Charges) Act 1997 and related acts. The exact penalties are not specified in this Determination but would be determined in accordance with the relevant legislative frameworks.