Telecommunications (Charges) Determination 2004
The AUSTRALIAN COMMUNICATIONS AUTHORITY makes this Determination under section 53 of the Australian Communications Authority Act 1997.
Dated 19 May 2004 R HORTON Chair A HORSLEY Deputy Chair
Australian Communications Authority
1 Name of Determination
This Determination is the Telecommunications (Charges) Determination 2004.
2 Commencement
This Determination commences on the date of its notification in the Gazette.
3 Revocation
The Telecommunications (Charges) Determination 2002, published in the Gazette on 13 February 2002, is revoked.
4 Definitions
In this Determination, unless the contrary intention appears:
ACA means the Australian Communications Authority.
ACA Act means the Australian Communications Authority Act 1997.
GST has the meaning given by section 195-1 of the A New Tax System (Goods and Services Tax) Act 1999.
Telecommunications Act means the Telecommunications Act 1997.
5 Purpose of this Determination
Under subsection 53 (1) of the ACA Act, the ACA may make determinations fixing charges for:
(a) services and facilities provided by the ACA; and
(b) any matter in relation to which expenses are incurred by the ACA under specified Acts (including the Telecommunications Act).
6 Charges
(1) The charge, or the hourly rate of charge, for a matter mentioned in column 2 of an item in Schedule 1 is the amount mentioned in column 3 of the item.
(2) The charge, or the hourly rate of charge, includes GST.
7 By whom and when is the charge payable
The charges are payable by the applicant:
(a) in the case of an hourly rate of charge — on the issue to the applicant of an invoice for the charge; and
(b) in any other case — when the application is made.
Schedule 1 Charges payable
(subsection 6 (1))
Column 1
Item | Column 2
Matter | Column 3
Charge
(including GST) |
1 | Considering an application made under subsection 390 (1) of the Telecommunications Act for a connection permit for the connection of customer equipment — for each item of customer equipment included in the application | $165.00 for each hour or part of an hour |
2 | Considering an application made under subsection 390 (2) of the Telecommunications Act for a connection permit for the connection of customer cabling | $165.00 for each hour or part of an hour |
3 | Application to an officer of the ACA acting as a certification body for a written statement under paragraph 408 (5) (a) of the Telecommunications Act — for each item of customer equipment or customer cabling included in the application | $165.00 for each hour or part of an hour |
4 | Making an application mentioned in paragraph 457 (1) (a) of the Telecommunications Act for the allocation of a number otherwise than in accordance with an allocation system determined under section 463 of the Telecommunications Act | $399.00 |
Overview
The Telecommunications (Charges) Determination 2004, made by the Australian Communications Authority (ACA) under section 53 of the Australian Communications Authority Act 1997, addresses the need to establish and regulate charges for specific telecommunications-related services and applications managed by the ACA. This Determination provides a clear framework for the fees associated with certain applications and permits, ensuring transparency and consistency in the charging process. It revokes the previous Telecommunications (Charges) Determination 2002 and introduces new rates, inclusive of GST, for various services such as connection permits for customer equipment and cabling, as well as written statements for certification and number allocation applications. The objective of this Determination is to ensure that the charges for these services are explicitly defined and uniformly applied, thereby maintaining fairness and predictability for applicants.
Scope and Application
The Telecommunications (Charges) Determination 2004 applies to the charges for services and facilities provided by the Australian Communications Authority (ACA) and any matter in relation to which expenses are incurred by the ACA under specified Acts, including the Telecommunications Act 1997. This Determination fixes the charges for specific services provided by the ACA, such as considering an application for a connection permit for the connection of customer equipment or cabling, and making an application for the allocation of a number. The charges are payable by the applicant when the application is made or upon the issue of an invoice for the charge, and these charges include the Goods and Services Tax (GST). The Determination revokes the previous Telecommunications (Charges) Determination 2002 and applies nationally across Australia, governed by the Australian Communications Authority Act 1997. There are no specific exclusions, exemptions, or thresholds stated in the Determination, though it does allow for the possibility of extending or restricting application through subordinate instruments.
Key Provisions
The Telecommunications (Charges) Determination 2004 (Determination) sets out specific charges for various services and applications related to telecommunications, under the Australian Communications Authority Act 1997 (ACA Act). Section 6(1) specifies the charge for considering an application for a connection permit for customer equipment or cabling, with a rate of $165.00 per hour or part thereof. Section 6(2) clarifies that these charges include GST. Section 7 outlines the payment process, stating that hourly rates are payable upon issuance of an invoice, while other charges are payable at the time of application submission.
The Determination imposes certain obligations on applicants. For example, under section 6, applicants must be prepared to pay the specified charges for services rendered by the ACA. These charges must be paid in accordance with the provisions outlined in section 7, either upon receipt of an invoice for hourly rates or at the time of application for other charges.
There are no explicit provisions detailing offences, penalties, or consequences for breach within the Determination itself. However, given that the charges are mandatory and outlined under the ACA Act, failure to comply with the payment requirements could potentially lead to enforcement actions under the relevant legislative framework, including possible legal proceedings to recover unpaid charges. The specific penalties or consequences would depend on the interpretation and application of the ACA Act provisions in such cases.