EXPLANATORY STATEMENT
Issued by the Australian Communications and Media Authority
Telecommunications (Carrier Licence Charges) Revocation Determination 2014
Purpose
The purpose of the Telecommunications (Carrier Licence Charges) Revocation Determination 2014 (Revocation Determination) is to revoke 22 instruments that have been made under the Telecommunications (Carrier Licence Charges) Act 1997 (Charges Act) which are now spent and redundant.
Revocation of the instruments will reduce the possibility for confusion about the status of redundant instruments and make accessing the law simpler for businesses and individuals.
Legislative provisions
The Charges Act provides for the imposition of application charges and annual charges in relation to carrier licences that have been issued under the Telecommunications Act 1997. Part 3 of the Charges Act provides for the imposition of an annual charge on a carrier licence that is in force at the beginning of a financial year. The amount of annual charge is ascertained in accordance with a written determination made by the ACMA under subsection 14(1) of the Charges Act.
Section 15 of the Charges Act sets limits on the total amount of the annual charges that may be imposed on a carrier licence in force at the beginning of a financial year. The amounts are based on amounts that have been determined by the ACMA under paragraphs 15(1)(a), (c) and (ca) of the Charges Act. Determinations made under these paragraphs set out:
- the proportion of the ACMA’s costs for the immediately preceding financial year that is attributable to the ACMA’s telecommunications functions and powers (paragraph 15(1)(a));
- the proportion of the Commonwealth’s contribution to the budget of the International Telecommunication Union for the calendar year in which the beginning of the financial year occurs that is to be recovered from carriers (paragraph 15(1)(c)); and
- the sum of the amounts paid under section 136C of the Telecommunications Act 1997 during the immediately preceding financial year (paragraph 15(1)(ca)).
A determination made under subsection 14(1) or paragraph 15(1)(a), (c) or (ca) of the Charges Act is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
Subsection 33(3) of the Acts Interpretation Act 1901 provides that the power to make an instrument includes, unless the contrary intention appears, a power exercisable in the like manner and subject to the like conditions (if any) to repeal, rescind, revoke, amend, or vary any such instrument.
Operation
The instruments that are being revoked under the Revocation Determination set charges and amounts relevant to financial and calendar years that have passed. The instruments are therefore spent and redundant and have no ongoing effect.
Consultation
Section 17 of the Legislative Instruments Act 2005 (LIA) requires the ACMA to be satisfied that any consultation it considers to be appropriate and that is reasonably practicable to undertake in relation to an instrument has been undertaken. Paragraph 18(2)(a) of the LIA provides that a rule-maker may be satisfied that consultation is unnecessary or inappropriate for an instrument if the instrument is of a minor or machinery nature and does not substantially alter existing arrangements.
No public consultation has been undertaken because the ACMA is satisfied that the Revocation Determination is minor and machinery in nature. The Revocation Determination revokes instruments which are spent and redundant and the revocation of those instruments will not substantially alter existing arrangements.
Regulation impact
The ACMA has undertaken a preliminary assessment of the regulatory impact in accordance with the requirements of the Office of Best Practice Regulation. It has been determined that revoking the 22 instruments will have no direct or significant indirect impact on business or the economy. For those reasons, an exemption from the need to provide a Regulatory Impact Statement (RIS) has been obtained. The ACMA RIS exemption reference number is 15360.
Statement of compatibility with human rights
Subsection 9(1) of the Human Rights (Parliamentary Scrutiny) Act 2011 requires the rule maker in relation to a legislative instrument to which section 42 (disallowance) of the Legislative Instruments Act 2003 applies to cause a statement of compatibility to be prepared in respect of that legislative instrument.
This statement has been prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
The Revocation Determination, the purpose of which is to revoke 22 determinations made under the Charges Act, 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 ACMA has considered whether the Revocation Determination engages any applicable human rights or freedoms and has formed the view that it does not. The Revocation Determination is compatible with human rights as it does not raise any human rights issues.
Attachment
Further details of the Revocation Determination are set out in Attachment A.
ATTACHMENT A
NOTES ON DETERMINATION
Section 1 - Name of Determination
Section 1 provides that the name of the Determination is the Telecommunications (Carrier Licence Charges) Revocation Determination 2014.
Section 2 - Commencement
Section 2 provides that the Determination commences on the day after it is registered.
Section 3 - Revocation of determinations specifying annual charge
Section 3 revokes 8 determinations made under subsection 14(1) of the Charges Act that are spent and redundant.
Section 4 - Revocation of determinations specifying costs attributable to the ACMA’s telecommunications functions and powers
Section 4 revokes 5 determinations made under paragraph 15(1)(a) of the Charges Act that are spent and redundant.
Section 5 - Revocation of determinations specifying Commonwealth’s contribution to ITU budget
Section 5 revokes 5 determinations made under paragraph 15(1)(c) of the Charges Act that are spent and redundant.
Section 6 - Revocation of determinations specifying amounts paid under section 136C of the Telecommunications Act 1997
Section 6 revokes the Telecommunications (Recovery of amounts paid under section 136C of the Telecommunications Act 1997) Determination 2009 which is spent and redundant.
Section 7 - Revocation of determinations specifying amounts under paragraphs 15(1)(a), (c) and (ca) of the Telecommunications (Carrier Licence Charges) Act 1997