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.
Overview
The Telecommunications (Carrier Licence Charges) Act 1997 was enacted to provide a structured method for calculating annual charges applicable to carrier licences held by telecommunications carriers. This legislation was introduced to address the need for a transparent and regulated system for imposing charges on telecommunications carriers, ensuring the costs are fairly distributed and do not exceed prescribed limits. The Australian Parliament enacted this Act to provide a legal framework for managing these charges effectively. The policy objective of the Act is to balance the financial requirements of the Australian Competition and Consumer Commission (ACCC) with the need to maintain fair and reasonable charges on telecommunications carriers. The Explanatory Statement clarifies that the Act’s provisions include mechanisms for determining the proportion of the ACCC’s costs attributable to its telecommunications functions, ensuring that these costs are appropriately reflected in carrier licence charges.
Scope and Application
The Telecommunications (Carrier Licence Charges) Act 1997 applies to telecommunications carriers, specifically those who hold carrier licences in Australia. The Act delineates the method for calculating annual charges imposed on these licences and ensures that the total charges do not exceed prescribed limits. The Australian Competition and Consumer Commission (ACCC) plays a role in this framework by determining a proportion of its costs attributable to its telecommunications functions, which contributes to the calculation of these charges. The Act operates on a national level across Australia, impacting the telecommunications industry directly by regulating the financial obligations of carriers holding licences. The repeal of certain determinations, as outlined in the explanatory statement, indicates that these specific instruments are no longer necessary and are being removed to streamline the legislative framework. No exclusions, exemptions, or thresholds are mentioned within the text of the explanatory statement itself; however, the Act and its subordinate instruments may contain further details on these aspects.
Key Provisions
The Telecommunications (Carrier Licence Charges) Act 1997 (the Act) outlines the framework for calculating the annual charges applicable to carrier licences held by telecommunications carriers in Australia. One of the key provisions is section 15(1), which sets limits on the total charges imposed on carrier licences at the start of a financial year. This total must not exceed certain thresholds, including any amount determined by the Australian Competition and Consumer Commission (ACCC) under paragraph 15(1)(b) to be the proportion of the ACCC's costs for the preceding financial year attributable to its telecommunications functions and powers.
Under the Act, the ACCC has issued several determinations specifying the proportion of its costs that relate to telecommunications functions for specific financial years. These determinations are necessary for calculating the annual carrier licence charges. However, this legislation repeals previous determinations made under paragraph 15(1)(b) by the ACCC, including those from 2005 to 2011. The repeal is due to these determinations being deemed redundant and no longer necessary.
The Act imposes certain obligations on telecommunications carriers and the ACCC. Carriers must ensure they are aware of and comply with the applicable carrier licence charges, which are influenced by the ACCC's determinations. The ACCC, on the other hand, is required to regularly review and determine its telecommunications-related costs to ensure the accuracy of these charges. This process ensures that the financial burden on carriers is fair and reflects the actual costs associated with regulating the telecommunications sector.
There are no specific offences, penalties, or civil/criminal consequences outlined for breaches of the repealed determinations within this legislation. However, non-compliance with the carrier licence charge requirements could potentially lead to disputes or legal actions between the ACCC and the carriers. It is essential for both parties to adhere to the updated framework to avoid any legal repercussions or financial disputes.