Telecommunications (Carrier Licence Charges) Amendment (Industry Plans and Consumer Codes) Act 2005

Overview

The Telecommunications (Carrier Licence Charges) Amendment (Industry Plans and Consumer Codes) Act 2005, enacted by the Parliament of Australia, aims to address certain gaps and issues within the Telecommunications (Carrier Licence Charges) Act 1997. This legislation was introduced to refine the regulatory framework governing carrier licence charges in the telecommunications sector, ensuring that the system is fair, transparent, and effectively administered. The policy objective is to streamline the process of setting and adjusting carrier licence charges, thereby enhancing the efficiency and accountability of the regulatory mechanisms in place. The Act was assented to on 23 September 2005 and various provisions commenced on different dates, as specified in the commencement table. The primary changes introduced by this Act involve amendments to the Telecommunications (Carrier Licence Charges) Act 1997, focusing on the administrative and financial aspects of the licensing regime. These amendments include the reclassification of certain determinations as legislative instruments under the Legislative Instruments Act 2003 and adjustments to the calculation and application of charges to reflect contemporary operational realities and cost structures.

Scope and Application

The Telecommunications (Carrier Licence Charges) Amendment (Industry Plans and Consumer Codes) Act 2005 is an Act of the Parliament of Australia, assented to on 23 September 2005, which seeks to amend the Telecommunications (Carrier Licence Charges) Act 1997. This Act applies to carrier licence charges within the telecommunications industry, particularly those imposed on carriers who hold a licence under the Telecommunications Act 1997. The Act aims to modify the framework for the determination and imposition of carrier licence charges by the Australian Communications and Media Authority (ACMA). It includes changes to the legislative instruments that govern these charges, effectively aligning them with the legislative instruments under the Legislative Instruments Act 2003. The amendments introduced by this Act are applicable to charges imposed on carrier licences in force at the beginning of the first financial year after the Act's commencement, provided certain conditions regarding zero-cost financial years are met. The Act's provisions extend to the Commonwealth and are specific to the telecommunications industry, with no stated exclusions or exemptions within the text provided. The application of these amendments is further defined in the schedules to the Act, which detail specific changes to the 1997 Act and the 1998 Amendment Act.

Key Provisions

The Telecommunications (Carrier Licence Charges) Amendment (Industry Plans and Consumer Codes) Act 2005 amends the Telecommunications (Carrier Licence Charges) Act 1997. The Act modifies various subsections and paragraphs to ensure the determinations and instruments related to carrier licence charges are considered legislative instruments under the Legislative Instruments Act 2003. Specifically, it repeals and substitutes subsections 9(2) and 14(2) to make the determinations legislative instruments. Additionally, it inserts a new subparagraph (ca) into paragraph 15(1) to include the sum of amounts paid under section 136C of the Telecommunications Act 1997 during the preceding financial year. It also omits "1997; and" from paragraph 15(1)(d) and repeals paragraph 15(1)(e). The Act further repeals subsections 15(2) and (3) and replaces them with a new subsection 15(2) that states an instrument under subsection (1) is a legislative instrument. It omits "ACCC; and" from paragraph (b) of the definition of cost in subsection 15(4) and repeals paragraph (c) of the same definition. Finally, it repeals the definition of Industry Minister in subsection 15(4). The Act imposes several obligations on the parties and entities it governs. It mandates that determinations under subsections (1) of certain sections are to be treated as legislative instruments under the Legislative Instruments Act 2003. It also requires that instruments under subsection (1) of other sections are legislative instruments. Furthermore, the Act specifies that any financial year where the Commonwealth did not incur any costs for the administration of Part 2 of Schedule 1 to the Telecommunications Act 1997 is considered a zero-cost financial year for the application of certain amendments. These amendments apply to charges imposed on carrier licences in force at the beginning of the first financial year where both specified conditions are met, or to any financial year later than that first financial year. The Act does not explicitly state any specific offences, penalties, or civil/criminal consequences for breach within the provided text. However, by treating determinations and instruments as legislative instruments under the Legislative Instruments Act 2003, it implies that any failure to comply with these legislative requirements could potentially lead to legal consequences as outlined under that Act. The Legislative Instruments Act 2003 provides for penalties and enforcement actions for breaches of legislative instrument requirements, which could include fines or other administrative actions. The exact penalties would depend on the nature and severity of the breach, as well as any additional provisions or regulations that might apply.