Telecommunications (Carrier Licence Charges) (Paragraph 15(1)(d)) Determination 2023

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

Legislation au F2023L00413 In force Legislative Instrument

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EXPLANATORY STATEMENT

 

 

TELECOMMUNICATIONS (CARRIER LICENCE CHARGES) (PARAGRAPH 15(1)(d)) DETERMINATION 2023

 

Issued by authority of the Minister for Communications

 

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

 

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

 

Section 15 of the Act sets out the method for calculating the maximum annual charges that the Australian Communications and Media Authority may impose on carrier licences held by telecommunications carriers in force at the beginning of a financial year. Paragraphs 15(1)(a) to (d) set out the amounts to be used in the calculation. Paragraph 15(1)(d) refers to the amount determined, in a written instrument made by the Minister, to be the estimated total amount of grants likely to be made during the financial year under section 593 of the Telecommunications Act 1997 (Tel Act).

 

The Determination provides that $2,435,000 is the estimated total amount of grants likely to be made during the 2022-23 financial year under section 593 of the Tel Act.

 

For the 2022-23 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 30 June 2027.

 

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 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 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 for a Preliminary 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 2023 (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 under paragraph 15(1)(d) of the Telecommunications (Carrier Licence Charges) Act 1997 (the Act).

 

Section 15 of the Act sets out the method for calculating the maximum annual charges that the Australian Communications and Media Authority may impose on carrier licences held by telecommunications carriers in force at the beginning of a financial year. Paragraphs 15(1)(a) to (d) set out the amounts to be used in the calculation. Paragraph 15(1)(d) refers to the amount determined, in a written instrument made by the Minister, to be the estimated total amount of grants likely to be made during the financial year under section 593 of the Telecommunications Act 1997 (Tel Act).

 

The Determination sets out the estimated total amount of grants that are likely to be made during the 2022-2023 financial year under section 593 of the 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).

 

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 2023 was enacted to address the calculation of the maximum annual charges that the Australian Communications and Media Authority may impose on carrier licences held by telecommunications carriers at the beginning of each financial year. This Determination is made under paragraph 15(1)(d) of the Telecommunications (Carrier Licence Charges) Act 1997 and is an instrument under subsection 15(1) of the Act, as stipulated in subsection 15(2). It specifies the estimated total amount of grants likely to be made during the 2022-23 financial year under section 593 of the Telecommunications Act 1997, which pertains to financial assistance for research into telecommunications developments and representation of consumer interests. The Determination was issued by the Minister for Communications and is compatible with human rights, as confirmed by a statement of compatibility with human rights under the Human Rights (Parliamentary Scrutiny) Act 2011. This Determination streamlines the process by which the estimated total amount of grants is determined, ensuring clarity and consistency in the regulatory framework governing telecommunications carrier charges.

Scope and Application

The Telecommunications (Carrier Licence Charges) (Paragraph 15(1)(d)) Determination 2023 applies to the calculation of the maximum annual charges that the Australian Communications and Media Authority may impose on carrier licences held by telecommunications carriers at the beginning of a financial year. Specifically, it concerns the estimation of total grants likely to be made under section 593 of the Telecommunications Act 1997, which pertains to financial assistance for research and representation in telecommunications. This Determination is made under the authority of the Minister for Communications and is a legislative instrument under the Telecommunications (Carrier Licence Charges) Act 1997. It sets forth the estimated total amount of grants for the 2022-2023 financial year, amounting to $2,435,000, and is effective from the day after its registration on the Federal Register of Legislation. The scope of this Determination is limited to the Commonwealth level, with no exclusions or exemptions specified within the text. However, the applicability of the Determination can be extended or restricted through subordinate instruments, as provided under section 15 of the Act.

Key Provisions

The Telecommunications (Carrier Licence Charges) (Paragraph 15(1)(d)) Determination 2023 (paragraph 1) is made under paragraph 15(1)(d) of the Telecommunications (Carrier Licence Charges) Act 1997 (the Act). This Determination sets out the estimated total amount of grants that are likely to be made during the 2022-2023 financial year under section 593 of the Telecommunications Act 1997 (Tel Act). Specifically, the Determination identifies $2,435,000 as the estimated total amount of grants likely to be made during the 2022-23 financial year under section 593 of the Tel Act (paragraph 3). The Act imposes several obligations on telecommunications carriers and relevant authorities. Section 15 of the Act establishes a method for calculating the maximum annual charges that the Australian Communications and Media Authority (ACMA) may impose on carrier licences at the start of a financial year (paragraph 2). Paragraphs 15(1)(a) to (d) of the Act specify the amounts to be used in this calculation. Paragraph 15(1)(d) refers to the amount determined by the Minister in a written instrument, as is the case in this Determination (paragraph 2). For the 2022-23 financial year, the determinations referenced in paragraphs 15(1)(a), (c), and (ca) of the Act will be made by the ACMA, and the determination referenced in paragraph 15(1)(b) will be made by the Australian Competition and Consumer Commission (paragraph 3). Section 593 of the Tel Act allows the Minister to make grants for research into telecommunications developments or for consumer body representation in telecommunications issues (paragraph 4). This Determination does not alter these existing arrangements significantly and was deemed not to require consultation as it is of a minor or machinery nature (paragraph 6). The Determination does not introduce any new offences, penalties, or civil/criminal consequences for breach. It is a procedural instrument intended to inform the calculation of carrier licence charges as stipulated by the Act. However, any failure to comply with the Act's requirements for licence charges could result in penalties as defined elsewhere in the legislation. This includes fines and other civil or criminal penalties, which may apply if the ACMA determines that a telecommunications carrier has not met its obligations under the Act (section 15 of the Act).

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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.