Telecommunications (Carrier Licence Fees) Amendment Act 1995

Overview

The Telecommunications (Carrier Licence Fees) Amendment Act 1995, enacted by the Parliament of Australia and assented to on 30 June 1995, amends the Telecommunications (Carrier Licence Fees) Act 1991 to address the need for a more flexible approach to the regulation of carrier licence fees in the telecommunications industry. The principal objective of this amendment is to ensure that the total annual fees for carrier licences do not exceed the sum of specific appropriations and a determined proportion of the Commonwealth's contribution to the International Telecommunication Union's budget, as outlined in section 6 of the Principal Act. This legislative change aims to provide a structured limit on the fees, reflecting the financial appropriations and international obligations related to telecommunications standardisation. The amendment applies specifically to fees payable from 1 July 1995 onwards, for general telecommunications licences and public mobile licences.

Scope and Application

The Telecommunications (Carrier Licence Fees) Amendment Act 1995 amends the Telecommunications (Carrier Licence Fees) Act 1991 by introducing a limit on the total fees payable under the principal Act on 1 July of each financial year. This amendment applies specifically to fees for general telecommunications licences and public mobile licences that become payable on 1 July 1995 or on 1 July of any succeeding year. The total fees must not exceed the sum of all amounts appropriated for the purposes of AUSTEL for the immediately preceding financial year, plus an amount determined to be the proportion of the Commonwealth's contribution to the total budget of the International Telecommunication Union for the calendar year in which that 1 July occurs, attributable to matters relating to telecommunication standardisation. The amendment is confined to these specific types of licence fees and does not extend to other fees or charges under the principal Act unless further specified in subordinate regulations.

Key Provisions

The Telecommunications (Carrier Licence Fees) Amendment Act 1995 primarily modifies the Telecommunications (Carrier Licence Fees) Act 1991, as referenced in section 1(2). Specifically, section 3 of the 1995 Act repeals section 6 of the Principal Act and replaces it with a new provision. This new section 6, outlined in the Act, stipulates that the total fees payable under the amended Act on 1 July in any financial year cannot exceed the sum of all amounts appropriated for AUSTEL in the preceding financial year, plus an amount determined by regulation as the proportion of the Commonwealth’s contribution to the International Telecommunication Union’s total budget for the calendar year, attributable to telecommunications standardisation (section 6). The amendment applies only to fees payable on 1 July 1995 or each subsequent year for general telecommunications or public mobile licences, as detailed in section 4 of the Act. Under the amended Act, entities such as telecommunications carriers must ensure that the fees they are required to pay do not exceed the prescribed limit. This involves adhering to the appropriations made for AUSTEL and calculating the Commonwealth's contribution to the International Telecommunication Union’s budget for the relevant year. This ensures that the fees are within the legislative cap set by the Act. The primary obligation for these entities is to remain compliant with these financial limits when calculating and paying their fees. The Act imposes significant obligations on telecommunications carriers. They must carefully calculate the total fees payable, ensuring they do not exceed the sum of AUSTEL appropriations and the Commonwealth’s contribution to the ITU budget. This requires accurate financial planning and compliance with the regulatory determinations set out in the Act. Failure to adhere to these limits could result in overpayments or underpayments, potentially leading to legal and financial repercussions. The carriers are also required to maintain records and documentation to demonstrate compliance with these financial limits. The Act does not explicitly outline specific offences or penalties for non-compliance with the fee limits. However, any failure to adhere to the prescribed financial limits could lead to civil or administrative consequences, such as fines or other penalties as determined by the relevant regulatory bodies. Although the Act does not specify maximum penalties, breaches of similar legislative requirements often result in financial penalties that could be substantial, depending on the severity and impact of the non-compliance.