Telecommunications (Carrier Licence Fees) Termination Act 1997

Administered by Department of Communications and the Arts

Legislation au C2004A05148 Not in force Act

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Telecommunications (Carrier Licence Fees) Termination Act 1997

 

No. 50, 1997

 

 

 

 

An Act to terminate the imposition of fees under the Telecommunications (Carrier Licence Fees) Act 1991, and for related purposes

 

Contents

1 Short title..................................1

2 Commencement..............................1

3 Schedule(s).................................2

Schedule 1—Amendments 3

Telecommunications (Carrier Licence Fees) Act 1991 3

Schedule 2—Repeal of the Telecommunications (Carrier Licence Fees) Act 1991 5

Telecommunications (Carrier Licence Fees) Act 1991 5

 

Telecommunications (Carrier Licence Fees) Termination Act 1997

No. 50, 1997

 

 

 

An Act to terminate the imposition of fees under the Telecommunications (Carrier Licence Fees) Act 1991, and for related purposes

[Assented to 22 April 1997]

The Parliament of Australia enacts:

1  Short title

  This Act may be cited as the Telecommunications (Carrier Licence Fees) Termination Act 1997.

2  Commencement

 (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.

3  Schedule(s)

  Subject to section 2, each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.


Schedule 1—Amendments

Telecommunications (Carrier Licence Fees) Act 1991

1  Section 4

Repeal the section, substitute:

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.

2  Paragraph 6(a)

Before “all amounts”, insert “in any case—”.

3  Paragraph 6(b)

Before “an amount”, insert “in any case—”.

4  Paragraph 6(b)

Omit “carriers.”, substitute “carriers; and”.

5  At the end of section 6

Add:

 (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;

 (c) a provision of Part XIC 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.

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.


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

Telecommunications (Carrier Licence Fees) Act 1991

1  The whole of the Act

Repeal the Act.

 

 

 

[Minister’s second reading speech made in—

House of Representatives on 5 December 1996

Senate on 25 February 1997]

 

(155/96)


 


 

I HEREBY CERTIFY that the above is a fair print of the Telecommunications (Carrier Licence Fees) Termination Bill 1997 which originated in the House of Representatives as the Telecommunications (Carrier Licence Fees) Termination Bill 1996 and has been finally passed by the Senate and the House of Representatives.

 

 

 

Clerk of the House of Representatives

 

IN THE NAME OF HER MAJESTY, I assent to this Act.

 

 

 

Governor-General

1997

 

 

 

 

Overview

The Telecommunications (Carrier Licence Fees) Termination Act 1997 was enacted by the Parliament of Australia with the purpose of terminating the imposition of fees under the Telecommunications (Carrier Licence Fees) Act 1991. The Act was introduced to address the need to streamline regulatory fees in the telecommunications sector by abolishing carrier licence fees for certain licensees. This legislative change aimed to simplify the regulatory environment and potentially reduce administrative burdens on telecommunications carriers. The Act received Royal Assent on 22 April 1997 and commenced on the same day, with a specific commencement date of 1 July 1998 for the repeal of the Telecommunications (Carrier Licence Fees) Act 1991 as outlined in Schedule 2 of the Act. The policy objective was to effectively streamline and rationalise the fee structures within the telecommunications industry, thereby supporting the broader regulatory reform agenda in this sector.

Scope and Application

The Telecommunications (Carrier Licence Fees) Termination Act 1997 applies to individuals and entities that held a general telecommunications licence or a public mobile licence immediately before 1 July 1997 or ceased to hold such a licence during the period beginning on 2 July 1996 and ending immediately before 1 July 1997. The Act terminates the imposition of fees under the Telecommunications (Carrier Licence Fees) Act 1991 for those specified persons and entities, replacing them with a tax payable to the Commonwealth. The Act also repeals the Telecommunications (Carrier Licence Fees) Act 1991. It has a national jurisdictional reach as it is a Commonwealth Act, applying across Australia. The Act does not explicitly outline exclusions, exemptions, or thresholds, but its scope is limited to the specified carriers and the specified period. The Act may be extended or restricted through subordinate instruments made by the Australian Competition and Consumer Commission (ACCC), such as the regulations determining the amount of the fee payable by the specified carriers.

Key Provisions

The Telecommunications (Carrier Licence Fees) Termination Act 1997 (sections 1-2) serves to terminate the imposition of fees under the Telecommunications (Carrier Licence Fees) Act 1991, and outlines the legislative framework for this change. The Act commences on the day it receives Royal Assent, with specific provisions in Schedule 2 commencing on 1 July 1998. The Act amends or repeals specified sections of the Telecommunications (Carrier Licence Fees) Act 1991 as outlined in the Schedules, ensuring that any existing regulations are adapted to reflect these changes. In essence, the Act mandates that any person who held a general telecommunications licence or a public mobile licence immediately before 1 July 1997 must pay a fee to the Commonwealth by way of tax in respect of the licence on that date (section 4). Under the Act, there are obligations for those who held or ceased to hold a telecommunications licence within the specified period to make the required payment by 1 July 1997. The Act also stipulates that an instrument determining the proportion of the Australian Competition and Consumer Commission's (ACCC) appropriation for the financial year ending on 30 June 1997 attributable to its special telecommunications functions and powers must be notified in the Gazette before 1 July 1997 (section 6(2)). Additionally, any regulations in force immediately before 1 July 1997 are treated as if they had been made for the amended Act (section 6(1)). These provisions ensure that the transition from the old fee structure to the new regime is smooth and legally compliant. Failure to comply with the requirements of this Act can result in civil or criminal consequences. For instance, not making the required payment of fees by the stipulated date could lead to financial penalties or legal actions against the non-compliant party. Although the Act does not specify maximum penalties, breaches of such legislative requirements could be subject to the penalties outlined in the respective Acts they amend or repeal, or under other relevant legislation. The Act's provisions are designed to ensure that the transition is managed effectively and that all parties are aware of their obligations under the new legislative framework.

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