Telecommunications (Carrier Licence Charges) (Paragraph 15(1)(d)) Determination 2020 (No. 1)

Administered by Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts

Legislation au F2020L00280 In force Legislative Instrument

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EXPLANATORY STATEMENT

 

 

TELECOMMUNICATIONS (CARRIER LICENCE CHARGES) (PARAGRAPH 15(1)(d)) DETERMINATION 2020 (No. 1)

 

Issued by authority of the Minister for Communications, Cyber Safety and the Arts

 

Authority

 

Section 15 of 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. Paragraphs 15(1)(a) to (d) set out the amounts to be used in the calculation.

 

Subsection 15(2) of the Act provides that an instrument under subsection (1) is a legislative instrument. This Determination commences at the start of the day after it is registered on the Federal Register of Legislation.

 

Note: the Federal Register of Legislation may be accessed at www.legislation.gov.au

 

Purpose

 

The Determination has been made for the purposes of paragraph 15(1)(d) of the Act.

 

Details

 

The Determination provides that $2,322,000 is the estimated total amount of grants likely to be made during the 2019-20 financial year under section 593 of the Telecommunications Act 1997 (Tel Act).

 

For the 2019-20 financial year, the determinations referenced in paragraphs 15(1)(a), (c) and (ca) will be made by the Australian Communications and Media Authority and the determination referenced in paragraph 15(1)(b) will be made by the Australian Competition and Consumer Commission.

 

Background

 

Section 593 of the Tel Act provides that the Minister may, on behalf of the Commonwealth, make a grant of financial assistance to:

 

  • a consumer body for purposes in connection with the representation of the interests of consumers in relation to telecommunications issues (subsection 593(1)); and/or
     
  • a person or body for purposes in connection with research into the social, economic, environmental or technological implications of developments relating to telecommunications (subsection 593(2)).

 

Since 2009-10, several grants of financial assistance under section 593 of the Tel Act have been provided to the Australian Communications Consumer Action Network (ACCAN). ACCAN is the peak body representing consumers of telecommunication services. ACCAN is currently provided grant funding as part of a multi-year funding agreement that expires on 31 May 2022.

 

The grant enables ACCAN to conduct activities necessary for an effective peak communications consumer advocate, including representation, research, consumer education and participation in self-regulatory activities. The grant also allows ACCAN to operate a competitive Independent Grants Scheme for individuals and organisations to undertake research or representation projects in the interest of the telecommunication consumer.

 

Consultation

 

Consultation on the Determination was considered unnecessary because the instrument is of a minor or machinery nature and does not substantially alter existing arrangements.

 

The Office of Best Practice Regulation (OBPR) was previously consulted about the making of the Determination. The OBPR considered that the regulatory changes arising from the Determination are machinery in nature and that no Regulation Impact Statement is required. The OBPR regulation impact statement exemption number for the Determination is ID 12379.

 

Other details

 

A statement of compatibility with human rights for the purposes of Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011 is set out in Attachment 1.

 


Attachment 1

 

Statement of compatibility with human rights

 

Prepared in accordance with Part 3 of the 

Human Rights (Parliamentary Scrutiny) Act 2011

 

TELECOMMUNICATIONS (CARRIER LICENCE CHARGES) (PARAGRAPH 15(1)(d)) DETERMINATION 2020 (No. 1)

 

The Determination 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.

The Determination is made by the Minister for Communications, Cyber Safety and the Arts under paragraph 15(1)(d) of the Telecommunications (Carrier Licence Charges) Act 1997.

 

The Determination sets out the estimated total amount of grants that are likely to be made during the 2019-20 financial year under section 593 of the Telecommunications Act 1997.  

 

Section 593 provides that the Minister may, on behalf of the Commonwealth, make a grant of financial assistance to persons or bodies (for the purpose of research into the social, economic, environmental and technological implications of developments relating to telecommunications), and to consumer bodies (for purposes in connection with the representation of consumer interests in relation to telecommunications issues).

 

The Determination does not engage any of the applicable rights or freedoms. Accordingly, the Determination 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, as it does not raise any human rights issues.

 

 

Overview

The Telecommunications (Carrier Licence Charges) (Paragraph 15(1)(d)) Determination 2020 (No. 1) was enacted by the Minister for Communications, Cyber Safety and the Arts, under the authority granted by the Telecommunications (Carrier Licence Charges) Act 1997. This legislation addresses a specific gap by providing the estimated total amount of grants likely to be made during the 2019-20 financial year under section 593 of the Telecommunications Act 1997. These grants support consumer representation and research into the social, economic, environmental and technological implications of telecommunications developments. The Determination facilitates the ongoing funding of entities such as the Australian Communications Consumer Action Network (ACCAN), which plays a crucial role in advocating for consumer interests and conducting relevant research. This legislative instrument is of a minor nature and does not substantially alter existing arrangements, thus consultation was deemed unnecessary. Additionally, the Office of Best Practice Regulation found that the regulatory changes arising from this Determination are machinery in nature, exempting it from the requirement for a Regulation Impact Statement.

Scope and Application

The Telecommunications (Carrier Licence Charges) (Paragraph 15(1)(d)) Determination 2020 (No. 1) applies to the calculation of annual charges under the Telecommunications (Carrier Licence Charges) Act 1997 for telecommunications carriers. It is made under section 15 of the Act and is concerned with the estimated total amount of grants likely to be made during the 2019-20 financial year under section 593 of the Telecommunications Act 1997, specifically for research and consumer representation purposes. This Determination is a legislative instrument that applies nationally across the Commonwealth of Australia. It does not specify exclusions or exemptions but outlines the method of calculating annual charges for carrier licences, impacting telecommunications carriers directly. The Determination does not substantially alter existing arrangements and is deemed compatible with human rights under the Human Rights (Parliamentary Scrutiny) Act 2011, as it does not engage any of the applicable rights or freedoms.

Key Provisions

The Telecommunications (Carrier Licence Charges) (Paragraph 15(1)(d)) Determination 2020 (No. 1) specifies the estimated total amount of grants likely to be made during the 2019-20 financial year under section 593 of the Telecommunications Act 1997 (Tel Act). Specifically, this Determination (section 1) sets out that $2,322,000 is the estimated total amount of grants to be made during the specified financial year. This amount is to be allocated to consumer bodies for the representation of consumer interests in telecommunications issues, and to persons or bodies for research into the social, economic, environmental, or technological implications of telecommunications developments (section 593 of the Tel Act). The Determination imposes obligations on the Australian Communications and Media Authority (ACMA) and the Australian Competition and Consumer Commission (ACCC) to make the determinations referenced in paragraphs 15(1)(a), (c), and (ca) of the Act, while paragraph 15(1)(b) is to be made by the ACCC (section 1). This means that these authorities are tasked with setting the specific amounts or percentages used in the calculation of carrier licence charges for telecommunications carriers. For the 2019-20 financial year, the ACMA and ACCC must ensure that the amounts are accurately determined and communicated as part of the legislative framework governing carrier licence charges. The Act does not explicitly detail specific offences, penalties, or consequences for breach related to the Determination. However, given that the Determination is a legislative instrument under the Telecommunications (Carrier Licence Charges) Act 1997, any failure to comply with the Act's provisions, including the Determination, could potentially lead to legal consequences. Such consequences might include fines, administrative penalties, or other enforcement actions as prescribed by the overarching Act or other relevant legislation. The specific penalties would depend on the nature and severity of the breach, as well as any additional regulations or guidelines provided by the authorities involved.

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Commercial Law
Telecommunications Law
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Legislative Instrument
Concepts
Definitions & Interpretation
Regulatory Standards
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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.