Telecommunications (Carrier Licence Charges) (Paragraph 15(1)(d)) Determination 2022 (No. 1)

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

Legislation au F2022L00560 In force Legislative Instrument

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EXPLANATORY STATEMENT

 

 

TELECOMMUNICATIONS (CARRIER LICENCE CHARGES) (PARAGRAPH 15(1)(d)) DETERMINATION 2022 (No. 1)

 

Issued by authority of the Minister for Communications, Urban Infrastructure, Cities and the Arts

 

Authority

 

The Determination is made under paragraph 15(1)(d) of the Telecommunications (Carrier Licence Charges) Act 1997 (the Act).

 

Commencement

 

The Determination commences at the start of the day after it is registered on the Federal Register of Legislation, in accordance with paragraph 12(1)(a) of the Legislation Act 2003.

 

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

 

Purpose and operation

 

Section 15 of the Act sets out the method of calculating the maximum 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.

 

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

 

Subsection 15(2) of the Act provides that an instrument under subsection 15(1) is a legislative instrument.

 

Details

 

The Determination provides that $2,381,000 is the estimated total amount of grants likely to be made during the 2021-22 financial year under section 593 of the Telecommunications Act 1997 (Tel Act).

 

For the 2021-22 financial year, the determinations referenced in paragraphs 15(1)(a), (c) and (ca) of the Act 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 Program for individuals and organisations to undertake research or representation projects in the interest of the telecommunication consumer.

 

Consultation

 

Consultation on the Determination was not considered appropriate or necessary because the instrument is of a minor or machinery nature and the information necessary to determine the estimated total amount of grants likely to be made during the financial year under section 593 of the Tel Act is specified in the Portfolio Budget Statements for 2021-22.

 

The Office of Best Practice Regulation (OBPR) was consulted about the making of determinations under paragraph 15(1)(d) of the Act. The OBPR considered that a carve-out would be appropriate for determinations made under paragraph 15(1)(d) of the Act, as these determinations are machinery in nature. This carve-out is a standing agreement between OBPR and the Department to remove the need to submit a Regulatory Impact Statement for assessment. The reference number for this carve out is 43366.

 

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 2022 (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.

 

Overview of the Determination

 

Section 15 of the Telecommunications (Carrier Licence Charges) Act 1997 (the Act) sets out the method of calculating the maximum 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.

 

The Determination is made by the Minister for Communications, Urban Infrastructure, Cities and the Arts under paragraph 15(1)(d) of the Act. It sets out the estimated total amount of grants that are likely to be made during the 2021-22 financial year under section 593 of the Telecommunications Act 1997 (Tel Act).  

 

Section 593 of the Tel Act provides that the Minister may, on behalf of the Commonwealth, make grants of financial assistance to persons or bodies for purposes in connection with research into the social, economic, environmental or 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.

 

Human rights implications

 

The Determination does not engage any of the applicable rights or freedoms.

 

Conclusion

 

The Determination is compatible with human rights as it does not raise any human rights issues.

 

Overview

The Telecommunications (Carrier Licence Charges) (Paragraph 15(1)(d)) Determination 2022 (No. 1) was enacted to provide an estimate of the total amount of grants likely to be made during the 2021-22 financial year under section 593 of the Telecommunications Act 1997. This Determination, made by the Minister for Communications, Urban Infrastructure, Cities and the Arts, falls under paragraph 15(1)(d) of the Telecommunications (Carrier Licence Charges) Act 1997 and sets forth the estimated grants for financial year 2021-22. The Act aims to calculate the maximum annual charges applicable to the carrier licences held by telecommunications carriers. Notably, this Determination is of a minor or machinery nature and thus, consultation was deemed unnecessary as the information required to determine the estimated total amount of grants was already specified in the Portfolio Budget Statements for 2021-22. Moreover, the Office of Best Practice Regulation was consulted, and it found that a carve-out would be appropriate for this type of determination, thereby avoiding the need for a Regulatory Impact Statement. The Determination is compatible with human rights as it does not engage any of the applicable rights or freedoms.

Scope and Application

The Telecommunications (Carrier Licence Charges) (Paragraph 15(1)(d)) Determination 2022 (No. 1) is a legislative instrument made under the Telecommunications (Carrier Licence Charges) Act 1997, which governs the calculation of maximum annual charges for carrier licences held by telecommunications carriers. This Determination, issued by the Minister for Communications, Urban Infrastructure, Cities and the Arts, specifies the estimated total amount of grants likely to be made under section 593 of the Telecommunications Act 1997 during the 2021-22 financial year. The act applies to the Minister who is authorised to make grants of financial assistance to consumer bodies and entities for research related to telecommunications. The jurisdictional reach of the Act is national, applying across Australia. The Determination does not include any exclusions or exemptions and is not extended or restricted through subordinate instruments. It serves to inform the calculation of carrier licence charges by providing a specific figure related to grants for telecommunications research and consumer representation.

Key Provisions

The main sections of the Telecommunications (Carrier Licence Charges) (Paragraph 15(1)(d)) Determination 2022 (No. 1) specify the method for calculating the maximum annual charges that apply to the carrier licences held by telecommunications carriers, as outlined in section 15 of the Telecommunications (Carrier Licence Charges) Act 1997 (the Act). Under paragraph 15(1)(d), the Determination provides the estimated total amount of grants likely to be made during the 2021-22 financial year under section 593 of the Telecommunications Act 1997 (Tel Act). The determinations for paragraphs 15(1)(a), (c), and (ca) of the Act will be made by the Australian Communications and Media Authority, and the determination for paragraph 15(1)(b) will be made by the Australian Competition and Consumer Commission. The Determination imposes obligations on the parties it governs, primarily through the provision of financial assistance grants under section 593 of the Tel Act. These grants are intended to support consumer bodies and entities engaged in research related to telecommunications. The Determination specifically estimates the amount of grants for the 2021-22 financial year, which is $2,381,000. It also designates the authorities responsible for making certain determinations under the Act, ensuring clarity and accountability in the implementation of the financial assistance program. The Determination does not outline specific offences or penalties for breaches, as it is a machinery instrument. However, breaches of the Telecommunications (Carrier Licence Charges) Act 1997 or the Telecommunications Act 1997 may lead to enforcement actions by the relevant authorities, including fines and other sanctions. For instance, unauthorised use of telecommunications infrastructure could result in penalties under the Telecommunications Act 1997. While the Determination itself does not impose penalties, compliance with the broader legislative framework is mandatory and failure to comply could result in legal consequences. The Determination ensures compatibility with human rights, as confirmed by the statement of compatibility with human rights in Attachment 1. The Determination does not engage any of the applicable rights or freedoms, and therefore, it does not raise any human rights issues. This compatibility is crucial for the legitimacy and enforceability of the Determination within the Australian legal framework.

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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.