Telecommunications (Carrier Licence Fees) Act 1991

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Act No. 89 of 1991 as amended

Consolidated as in force on 25 July 1997

(includes amendments up to Act No. 50 of 1997)

Prepared by the Office of Legislative Drafting,
Attorney-General’s Department, Canberra

Contents

1 Short title [see Note 1]...........................1

2 Commencement [see Note 1]........................1

3 Interpretation.................................1

4 Fees for carrier licences...........................1

5 How the regulations may provide for fees to be determined......1

6 Limit on total of annual fees........................2

7 Recovery of fee...............................3

8 Regulations..................................3

An Act to provide for the payment of fees for general telecommunications licences and public mobile licences issued under the Telecommunications Act 1991 [see Note 2]

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1 Short title [see Note 1]

This Act may be cited as the Telecommunications (Carrier Licence Fees) Act 1991.

2 Commencement [see Note 1]

(1) Subject to this section, this Act commences on 1 July 1991.

(2) Sections 1 and 2 commence on the day on which this Act receives the Royal Assent.

3 Interpretation

An expression has in this Act the same meaning as it has in the Telecommunications Act 1991.

4 Fees for carrier licences

If a person:

(a) held a general telecommunications licence or a public mobile licence immediately before 1 July 1997; or

(b) ceased to hold such a licence at any time during the period:

(i) beginning on 2 July 1996; and

(ii) ending immediately before 1 July 1997;

the person must pay to the Commonwealth, by way of tax in respect of the licence, on 1 July 1997, a fee of an amount determined in accordance with the regulations as in force immediately before 1 July 1997.

5 How the regulations may provide for fees to be determined

(1) Without limiting section 4, regulations made for the purposes of that section may:

(a) prescribe as the amount of a fee an amount specified in the regulations; or

(b) prescribe a procedure in accordance with which the amount of a fee is to be determined.

(2) Without limiting section 4, regulations that are made for the purposes of that section and prescribe as mentioned in paragraph (1)(a) of this section may prescribe as the amount of the fee payable by the holder of a general telecommunications licence an amount different from the amount they prescribe as the amount of the fee payable by the holder of a public mobile licence.

6 Limit on total of annual fees

The total of the fees that become payable under this Act on 1 July in a financial year must not exceed the sum of:

(a) in any case—all amounts appropriated, in respect of the immediately preceding financial year, for the purposes of AUSTEL; and

(b) in any case—an amount, determined under the regulations, to be the proportion of the Commonwealth’s contribution to the budget of the International Telecommunications Union for the calendar year in which that 1 July occurs that is to be recovered from carriers; and

(c) in the case of the fees that become payable under this Act on 1 July 1997—the amount determined, by a written instrument made by the ACCC, to be the proportion of the ACCC’s appropriation for the financial year ending on 30 June 1997 that is attributable to the ACCC’s special telecommunications functions and powers.

(2) An instrument under paragraph (1)(c) must be notified in the Gazette before 1 July 1997.

(3) An instrument under paragraph (1)(c) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.

(4) In this section:

ACCC means the Australian Competition and Consumer Commission.

ACCC’s appropriation, in relation to a financial year, means the total of the amounts appropriated, in respect of the financial year, for the purposes of the ACCC.

ACCC’s special telecommunications functions and powers means the functions and powers conferred on the ACCC by or under any of the following provisions:

(a) a provision of the Telecommunications Act 1997;

(b) a provision of Part XIB of the Trade Practices Act 1974;

(d) a provision of Part 3 of the Telecommunications (Transitional Provisions and Consequential Amendments) Act 1997;

and includes anything done by the ACCC (whether before or after the commencement of this subsection) in preparation for the commencement of such a provision.

7 Recovery of fee

A fee payable under this Act may be recovered in a court of competent jurisdiction as a debt due to the Commonwealth.

8 Regulations

The Governor-General may make regulations, not inconsistent with this Act, prescribing all matters:

(a) required or permitted by this Act to be prescribed; or

(b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.

NOTES

1. The Telecommunications (Carrier Licence Fees) Act 1991 as shown in this reprint comprises Act No. 89, 1991 amended as indicated in the Tables below.

All relevant information pertaining to application, saving or transitional provisions prior to 22 April 1997 is not included in this reprint. For subsequent information see Table A.

Table of Acts

Act	Number and year	Date of Assent	Date of commencement	Application, saving or transitional provisions

Telecommunications (Carrier Licence Fees) Act 1991	89, 1991	26 June 1991	Ss. 3-8: 1 July 1991 Remainder: Royal Assent
Telecommunications (Carrier Licence Fees) Amendment Act 1995	66, 1995	30 June 1995	30 June 1995	S. 4
Telecommunications (Carrier Licence Fees) Amendment Act 1996	26, 1996	28 June 1996	28 June 1996	Ss. 4 and 5
Telecommunications (Carrier Licence Fees) Termination Act 1997	50, 1997	22 Apr 1997	Ss. 1-3 and Schedule 1: Royal Assent (a) Schedule 2: [see (a) and Note 2]	Sch. 1 (item 6) [see Table A]

(a) The Telecommunications (Carrier Licence Fees) Act 1991 was amended by Schedules 1 and 2 only of the Telecommunications (Carrier Licence Fees) Termination Act 1997, subsections 2(1) and (2) of which provide as follows:

“(1) Subject to this section, this Act commences on the day on which it receives the Royal Assent.

“(2) Schedule 2 commences on 1 July 1998.” [see Note 2]

Table of Amendments

ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted

Provision affected	How affected
S. 4....................	rs. No. 50, 1997
S. 6....................	rs. No. 66, 1995
	am. No. 26, 1996; No. 50, 1997

2. The Telecommunications (Carrier Licence Fees) Act 1991 was amended by Schedule 2 of the Telecommunications (Carrier Licence Fees) Termination Act 1997. The applicable provision provides as follows:

Schedule 2—Repeal of the Telecommunications (Carrier Licence Fees) Act 1991

1 The whole of the Act

Repeal the Act.

Subsection 2(2) of the Telecommunications (Carrier Licence Fees) Termination Act 1997 provides as follows:

“(2) Schedule 2 commences on 1 July 1998.”

As at 17 June 1997 the amendment is not incorporated in this reprint.

TABLE A

Application, Saving or Transitional Provisions

Telecommunications (Carrier Licence Fees) Termination Act 1997
(No. 50, 1997)

Schedule 1

6 Transitional—regulations

(1) This item applies to regulations made for the purposes of section 4 of the Telecommunications (Carrier Licence Fees) Act 1991 that were in force immediately before 1 July 1997.

(2) The regulations have effect as if they had been made for the purposes of section 4 of the Telecommunications (Carrier Licence Fees) Act 1991 as amended by this Act.

Overview

The Telecommunications (Carrier Licence Fees) Act 1991, enacted by the Parliament of Australia, was introduced to establish a regulatory framework for the payment of fees associated with general telecommunications licences and public mobile licences under the Telecommunications Act 1991. This Act serves to ensure that fees are levied on licence holders in a structured and regulated manner, facilitating the financial operations of entities such as AUSTEL and the Australian Competition and Consumer Commission (ACCC). The policy objective of the Act is to provide a clear legal basis for the imposition and collection of licence fees, ensuring they do not exceed prescribed limits and are recoverable as debts due to the Commonwealth. The Act was later amended and eventually repealed by the Telecommunications (Carrier Licence Fees) Termination Act 1997.

Scope and Application

The Telecommunications (Carrier Licence Fees) Act 1991, as amended, governs the payment of fees for general telecommunications and public mobile licences issued under the Telecommunications Act 1991. This Act applies to persons who held such licences immediately before 1 July 1997 or ceased to hold them between 2 July 1996 and the day immediately before 1 July 1997. The fees are payable to the Commonwealth by way of tax on 1 July 1997, with the amount determined in accordance with regulations in force before 1 July 1997. Regulations can either specify a fee amount or set a procedure for determining the fee, and may differentiate between general telecommunications and public mobile licences. The total annual fees must not exceed certain limits, including appropriations for AUSTEL, the Commonwealth's contribution to the International Telecommunications Union budget, and the Australian Competition and Consumer Commission's appropriation for special telecommunications functions. The fees may be recovered as a debt in a court of competent jurisdiction. The Act was amended by subsequent legislation, including the Telecommunications (Carrier Licence Fees) Termination Act 1997, which repealed the Act on 1 July 1998.

Key Provisions

The Telecommunications (Carrier Licence Fees) Act 1991 (Cth) sets out the requirements for the payment of fees associated with general telecommunications and public mobile licences issued under the Telecommunications Act 1991 (Cth). The Act mandates that certain individuals must pay a fee to the Commonwealth, as a tax in respect of their licences, by 1 July 1997 (Section 4). This obligation applies to those who held such a licence before 1 July 1997 or ceased to hold such a licence between 2 July 1996 and 30 June 1997. The fee amount is determined in accordance with regulations in effect before 1 July 1997 (Section 4). The regulations may either specify a particular fee amount or establish a procedure for determining the fee (Section 5). The Act imposes specific obligations on the parties involved. For instance, it mandates that the total fees payable under the Act on 1 July of any financial year cannot exceed a sum determined by appropriations for AUSTEL, the Commonwealth's contribution to the International Telecommunications Union's budget, and the Australian Competition and Consumer Commission's appropriation for its special telecommunications functions and powers (Section 6). Additionally, fees can be recovered in a court of competent jurisdiction as a debt due to the Commonwealth (Section 7). The Governor-General has the authority to make regulations necessary or convenient for carrying out or giving effect to the Act (Section 8). Breaching the provisions of the Telecommunications (Carrier Licence Fees) Act 1991 could result in civil consequences, as fees may be pursued as a debt in a court of competent jurisdiction. There are no specific criminal penalties mentioned within the Act itself, but non-compliance with the payment requirements could lead to legal action to recover the outstanding fees. The Act's primary focus is on ensuring that the specified fees are collected and managed according to the outlined procedures and limitations.

Area of Law: Commercial Law
Instrument: Act
Concepts: Commencement Provisions; Fees for carrier licences; Regulations; Reporting & Disclosure Obligations

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