EXPLANATORY STATEMENT
Issued by the authority of the Australian Communications Authority
TELECOMMUNICATIONS (DATE OF IMPOSITION OF CHARGE) DETERMINATION 2005
Telecommunications (Numbering Charges) Act 1997
Statutory basis
Section 18 of the Telecommunications (Numbering Charges) Act 1997 provides that if a carriage service provider holds an allocated number at the beginning of a day determined by the Australian Communications Authority (ACA), an annual numbering charge is imposed on that number. Under the same section, before 16 February each year the ACA is required to determine in writing a day in April on which annual numbering charges are imposed and to publish the determination in the Gazette before the day determined.
Purpose
The Telecommunications (Date of Imposition of Charge) Determination 2005 sets the day on which annual numbering charges are imposed in 2005.
Background
The Commonwealth Government has directed the ACA to collect a set amount of revenue each year from carriage service providers that hold telephone numbers. The ACA collects this revenue through the annual numbering charge process.
The ACA collects annual numbering charges in accordance with the provisions of the Telecommunications Act 1997, the Telecommunications (Numbering Charges) Act 1997, and determinations made by the ACA under those acts.
The Office of Regulation Review has advised that a Regulation Impact Statement is not required for this determination.
Date of imposition of charge
The ACA has determined that the date for imposition of annual numbering charge for 2005 is 3 April 2005.
NOTES ON SECTIONS
Section 1 – Name of Determination
This section provides that the Determination may be cited as the Telecommunications (Date of Imposition of Charge) Determination 2005.
Section 2 - Commencement
This section provides that the Determination commences on gazettal.
Section 3 – Date of imposition of charge
This section specifies 3 April 2005 as the date determined for subsection 18(2) of the Telecommunications (Numbering Charges) Act 1997.
Overview
The Telecommunications (Date of Imposition of Charge) Determination 2005 was enacted to specify the date on which annual numbering charges would be imposed in 2005, as required under Section 18 of the Telecommunications (Numbering Charges) Act 1997. The Australian Communications Authority (ACA), which is the enacting body, was mandated by this legislation to determine and publish the specific date for the imposition of these charges, ensuring that carriage service providers holding telephone numbers are duly informed and prepared. This Determination was introduced to address the need for a clear and consistent method for collecting annual charges from providers, aligning with the Commonwealth Government's directive to collect a fixed revenue amount each year. The aim is to facilitate orderly and transparent financial transactions between the ACA and the service providers, thereby maintaining the operational efficiency of the telecommunications sector.
Scope and Application
The Telecommunications (Date of Imposition of Charge) Determination 2005 applies to all entities that are carriage service providers and hold an allocated telephone number at the beginning of the day determined by the Australian Communications Authority (ACA). This includes telecommunications companies, internet service providers, and any other entities that operate within the telecommunications sector and possess allocated telephone numbers. The Determination is made pursuant to Section 18 of the Telecommunications (Numbering Charges) Act 1997, which mandates that the ACA sets a specific date in April each year for the imposition of annual numbering charges. The Determination specifically sets 3 April 2005 as the date on which these charges will be imposed. The Determination operates within the jurisdiction of the Commonwealth and is subject to the provisions of the Telecommunications Act 1997 and the Telecommunications (Numbering Charges) Act 1997. The ACA is empowered to further specify the application and enforcement of these charges through subordinate instruments as needed.
Key Provisions
The primary operative section of the Telecommunications (Date of Imposition of Charge) Determination 2005 is Section 3, which specifies that the annual numbering charge for 2005 is to be imposed on 3 April 2005 (Section 3). This date was determined in accordance with subsection 18(2) of the Telecommunications (Numbering Charges) Act 1997, which mandates that the Australian Communications Authority (ACA) must determine the date in writing and publish it before the charge is imposed. The determination is intended to provide clarity and certainty for carriage service providers regarding when they will be required to pay the annual numbering charge for that year.
The Act imposes specific obligations on the ACA to determine the date for the imposition of annual numbering charges before 16 February each year, and to publish this determination in the Gazette before the designated date (Section 18(2)). It also requires the ACA to collect these charges in accordance with the provisions of the Telecommunications Act 1997 and the Telecommunications (Numbering Charges) Act 1997. Furthermore, the Determination itself must be published in the Gazette, ensuring transparency and legal effect.
In terms of potential consequences for non-compliance, the Explanatory Statement does not detail specific offences or penalties for breaches of the Determination itself. However, the underlying Acts and any regulations or directions issued by the ACA may include provisions for offences, penalties, and enforcement actions. Typically, failure to comply with requirements to pay charges or meet obligations under the Telecommunications (Numbering Charges) Act 1997 could result in civil or criminal penalties, including fines. The exact penalties would be determined based on the specific provisions of the relevant Acts and the nature of the breach. For instance, under the Telecommunications (Numbering Charges) Act 1997, penalties for non-compliance with numbering charge obligations could include substantial fines, which may be prescribed by the Act or determined by a court. The precise maximum penalties would need to be referred to in the relevant sections of the underlying legislation.