EXPLANATORY STATEMENT
Telecommunications (Carrier Licence Charges) Act 1997
Repeal of Determinations made under paragraph 15(1)(b) by the Australian Competition and Consumer Commission
Legislation
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. Subsection 15(1) of the Act provides that the total of charges that are imposed on carrier licences in force at the beginning of a financial year must not exceed certain limits, which includes any amount determined by a written instrument made by the ACCC under paragraph 15(1)(b) to be the proportion of the ACCC's costs for the immediately preceding financial year that is attributable to the ACCC's telecommunications functions and powers.
A determinations made under subsection 15(1) of the Act is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
The Australian Competition and Consumer Commission has made the following determinations under paragraph 15(1)(b) of the Act:
(a) No. 1 of 2005 dated 9 March 2005;
(b) No. 1 of 2006 dated 15 March 2006;
(c) No. 1 of 2007 dated 3 April 2007;
(d) No. 1 of 2008 dated 9 April 2008;
(e) No. 1 of 2009 dated 24 February 2009;
(f) No. 1 of 2010 dated 24 February 2010; and
(g) No. 1 of 2011 dated 16 March 2011.
Repeal
This instrument repeals all 7 of the determinations referred to above as the determinations are redundant and do not need to remain in force.
Consultation
No consultation has taken place on the repeal of these determinations.
Regulatory Impact Statement
A Regulatory Impact Statement (RIS) is not required for this repeal. The Office of Best Practice Regulation has agreed with this assessment: OBPR ID 18655.
Statement of Compatibility with Human Rights
A statement of compatibility with Human Rights is at Attachment 1 to this instrument.
Attachment 1
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
Repeal of Determinations made under paragraph 15(1)(b) by the Australian Competition and Consumer Commission
This legislative instrument 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.
Overview of the legislative instrument
The purpose of this legislative instrument is to repeal redundant determinations which do not need to remain in force. The determinations set out the ACCC’s telecommunications related costs for certain financial years for the purpose of calculating annual carrier licence charges.
Human rights implications
This legislative instrument does not raise any human rights issues as it does not engage any of the applicable rights or freedoms.
Conclusion
This legislative instrument is compatible with human rights.