Telecommunications (Carrier Licence Charges) Amendment Act 2005
No. 46, 2005
An Act to amend the Telecommunications (Carrier Licence Charges) Act 1997, and for related purposes
Contents
1 Short title
2 Commencement
3 Schedule(s)
Schedule 1—Amendments
Telecommunications (Carrier Licence Charges) Act 1997
Schedule 2—Transitional provisions
Telecommunications (Carrier Licence Charges) Amendment Act 2005
No. 46, 2005
An Act to amend the Telecommunications (Carrier Licence Charges) Act 1997, and for related purposes
[Assented to 1 April 2005]
The Parliament of Australia enacts:
1 Short title
This Act may be cited as the Telecommunications (Carrier Licence Charges) Amendment Act 2005.
2 Commencement
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
Commencement information |
Column 1 | Column 2 | Column 3 |
Provision(s) | Commencement | Date/Details |
1. Sections 1 to 3 and anything in this Act not elsewhere covered by this table | The day on which this Act receives the Royal Assent. | 1 April 2005 |
2. Schedules 1 and 2 | At the same time as section 6 of the Australian Communications and Media Authority Act 2005 commences. | 1 July 2005 |
Note: This table relates only to the provisions of this Act as originally passed by the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.
(2) Column 3 of the table contains additional information that is not part of this Act. Information in this column may be added to or edited in any published version of this Act.
3 Schedule(s)
Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
Schedule 1—Amendments
Telecommunications (Carrier Licence Charges) Act 1997
1 Section 5 (definition of ACA)
Repeal the definition.
2 Section 5
Insert:
ACMA means the Australian Communications and Media Authority.
3 Subsection 9(1)
Omit “ACA”, substitute “ACMA”.
4 Subsection 14(1)
Omit “ACA”, substitute “ACMA”.
5 Paragraph 15(1)(a)
Omit “ACA”, substitute “ACMA”.
6 Paragraph 15(1)(a)
Omit “ACA’s” (wherever occurring), substitute “ACMA’s”.
7 Paragraph 15(1)(c)
Omit “ACA”, substitute “ACMA”.
8 Subsection 15(4) (definition of ACA’s telecommunications functions)
Repeal the definition.
9 Subsection 15(4) (definition of ACA’s telecommunications powers)
Repeal the definition.
10 Subsection 15(4)
Insert:
ACMA’s telecommunications functions has the same meaning as in the Telecommunications Act 1997.
11 Subsection 15(4)
Insert:
ACMA’s telecommunications powers has the same meaning as in the Telecommunications Act 1997.
12 Subsection 15(4) (paragraph (a) of the definition of cost)
Omit “ACA” (wherever occurring), substitute “ACMA”.
13 Part 4
Repeal the Part.
Schedule 2—Transitional provisions
1 Definitions
In this Schedule:
Imposition Act means the Telecommunications (Carrier Licence Charges) Act 1997.
transition time means the commencement of this Schedule.
2 Continued effect of amount determinations
A determination made by the ACA under subsection 9(1) or 14(1), or paragraph 15(1)(a) or (c), of the Imposition Act that was in force immediately before the transition time has effect on and after the transition time as if it had been made by the ACMA under that subsection or paragraph as amended by Schedule 1 to this Act.
3 ACMA’s costs include ACA’s costs
(1) For the purpose of paragraph 15(1)(a) of the Imposition Act as amended by this Schedule, a reference to the ACMA’s costs for a financial year includes a reference to the ACA’s costs for that financial year.
(2) The ACA’s costs for a financial year are to be determined as if the amendments made by Schedule 1 to this Act to the definition of cost in subsection 15(4) of the Imposition Act had not been made.
[Minister’s second reading speech made in—
House of Representatives on 2 December 2004
Senate on 7 March 2005]
Overview
The Telecommunications (Carrier Licence Charges) Amendment Act 2005, enacted by the Parliament of Australia, was introduced to address the need for updating references to the Australian Communications Authority (ACA) to the Australian Communications and Media Authority (ACMA) following the establishment of the ACMA under the Australian Communications and Media Authority Act 2005. The Act amends the Telecommunications (Carrier Licence Charges) Act 1997 to reflect the new regulatory body responsible for telecommunications licensing and related charges. The policy objective of this amendment is to ensure the continuity and effectiveness of regulatory functions within the telecommunications sector by aligning the legislative framework with the structural changes in the regulatory authorities. The Act commenced on 1 April 2005, with further amendments taking effect on 1 July 2005 to align with the commencement of the Australian Communications and Media Authority Act 2005.
Scope and Application
The Telecommunications (Carrier Licence Charges) Amendment Act 2005 is a piece of Commonwealth legislation designed to amend the Telecommunications (Carrier Licence Charges) Act 1997. This amendment act applies to entities and individuals involved in telecommunications services within Australia, particularly those subject to carrier licence charges. The geographic and jurisdictional reach of this Act is national, impacting the entire telecommunications industry across Australia. The Act primarily affects telecommunications carriers, licence holders, and other entities regulated by the Australian Communications and Media Authority (ACMA). It modifies certain definitions and references within the 1997 Act to reflect the transition from the Australian Communications Authority (ACA) to the ACMA. This change ensures that the updated authority's responsibilities and functions are clearly delineated. The Act came into effect in stages, with sections 1 to 3 and unspecified provisions commencing on the day of Royal Assent, 1 April 2005, while Schedules 1 and 2 came into effect on 1 July 2005. This staggered commencement aligns with the commencement of section 6 of the Australian Communications and Media Authority Act 2005. The Act does not specify exclusions, exemptions, or thresholds, but it does provide transitional provisions to ensure continuity in the application of certain charges and determinations during the transition period.
Key Provisions
The Telecommunications (Carrier Licence Charges) Amendment Act 2005 primarily revises the Telecommunications (Carrier Licence Charges) Act 1997 (1997 Act) by substituting references to the Australian Communications Authority (ACA) with the Australian Communications and Media Authority (ACMA) and incorporating certain definitions from the Telecommunications Act 1997. These amendments are detailed in Schedule 1, which, among other changes, repeals certain definitions and sections relating to ACA and replaces them with corresponding provisions for ACMA. For instance, section 5 of the 1997 Act, which defined "ACA", is repealed and replaced with a definition for "ACMA" (Schedule 1, item 1 and 2). Additionally, Schedule 1 updates references to ACA in various subsections to ACMA (Schedule 1, items 3, 4, 5, 6, 7, and 12) and redefines certain terms by aligning them with the Telecommunications Act 1997 (Schedule 1, items 10 and 11). The repeal of certain definitions and sections related to ACA’s telecommunications functions and powers further aligns the 1997 Act with the current regulatory framework (Schedule 1, items 8, 9, and 13).
The Act imposes several obligations on the parties and entities it governs. Primarily, it requires that any determinations made by the ACA under specific subsections of the 1997 Act be considered as if they were made by the ACMA. This is particularly relevant for continued effect of amount determinations, where any determinations by ACA before the transition period must be regarded as if made by ACMA (Schedule 2, item 2). Furthermore, the Act stipulates that for the purpose of calculating costs, the ACMA’s costs for a financial year include the ACA’s costs for that year (Schedule 2, item 3). This transitional provision ensures a smooth transfer of regulatory authority and responsibilities from ACA to ACMA without disrupting existing financial obligations or determinations.
The Act also delineates consequences for breaches, although specific offences and penalties are not explicitly detailed within the provided excerpt. Generally, breaches of telecommunications legislation can result in a range of civil and criminal penalties, including fines and imprisonment. The exact penalties would depend on the specific nature of the breach and any additional provisions outlined in the 1997 Act or other relevant legislation. It is essential for regulated entities to comply with the updated provisions to avoid potential legal repercussions.