EXPLANATORY STATEMENT
Issued by the authority of the Australian Communications and Media Authority
TELECOMMUNICATIONS (DATE OF IMPOSITION OF CHARGE) DETERMINATION 2006
Telecommunications (Numbering Charges) Act 1997
Statutory basis
Subsection 18(1) of the Telecommunications (Numbering Charges) Act 1997 (the Act) provides that if a carriage service provider holds an allocated number at the beginning of a day determined by the Australian Communications and Media Authority (ACMA), an annual numbering charge is imposed on that number. Under subsections 18(2) and (3) of the Act, before 16 February each year, ACMA 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 2006 sets the day on which annual numbering charges are imposed in 2006.
Background
The Commonwealth Government has directed ACMA to collect a set amount of revenue each year from carriage service providers that hold telephone numbers. ACMA collects this revenue through the annual numbering charge process.
ACMA collects annual numbering charges in accordance with the provisions of the Telecommunications Act 1997, the Telecommunications (Numbering Charges) Act 1997, and determinations made by ACMA under those acts.
Consultation was not undertaken because the nature of the determination is such that consultation is unnecessary. ACMA is satisfied that the determination is of a minor nature and does not substantially alter existing arrangements.
The Office of Regulation Review has advised that a Regulation Impact Statement is not required for this determination.
Date of imposition of charge
ACMA has determined that the date for imposition of annual numbering charge for 2006 is 2 April 2006.
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 2006.
Section 2 - Commencement
This section provides that the Determination commences on the day after it is registered.
Section 3 – Date of imposition of charge
This section specifies 2 April 2006 as the date determined for subsection 18(2) of the Telecommunications (Numbering Charges) Act 1997.
Overview
The Telecommunications (Date of Imposition of Charge) Determination 2006, issued by the Australian Communications and Media Authority (ACMA), specifies the date on which annual numbering charges are imposed on carriage service providers for the year 2006. Enacted under the authority of the Telecommunications (Numbering Charges) Act 1997, this determination was introduced to streamline the collection of annual numbering charges from service providers holding telephone numbers, as directed by the Commonwealth Government. The primary objective is to ensure that ACMA collects a consistent revenue stream each year, in compliance with the legislative framework set out in the Telecommunications Act 1997 and its associated regulations. Given the nature of this determination, no consultation or Regulation Impact Statement was deemed necessary by ACMA, as it was considered minor and did not substantially alter existing arrangements.
Scope and Application
The Telecommunications (Date of Imposition of Charge) Determination 2006, made under the Telecommunications (Numbering Charges) Act 1997, applies to all carriage service providers that hold an allocated number at the beginning of the day determined by the Australian Communications and Media Authority (ACMA). The Act mandates that an annual numbering charge is imposed on these providers, and the determination specifies the date in April on which this charge is to be imposed. The determination applies nationally, with ACMA, as the regulator, enforcing the charge across the Commonwealth of Australia. There are no exclusions or exemptions specified in this particular determination, but it is important to note that the charges are only applied to those providers who hold numbers on the designated day. Any further clarification or extension of the application of these charges can be made through subordinate instruments, which ACMA may issue under the statutory authority provided by the Act.
Key Provisions
The Telecommunications (Date of Imposition of Charge) Determination 2006 (paragraphs 1 and 3) specifies that the annual numbering charge imposed on carriage service providers holding an allocated number at the start of a day, as determined by the Australian Communications and Media Authority (ACMA), will be set for 2 April 2006. This determination is made in accordance with the requirements set out in subsection 18(2) of the Telecommunications (Numbering Charges) Act 1997 (the Act). The charge is an annual fee applied to telephone numbers held by service providers on the specified date. The Determination ensures that ACMA is required to publish this date in the Gazette before the day it is imposed, as mandated by subsections 18(2) and (3) of the Act.
The obligations under this Determination primarily fall on carriage service providers who must ensure their telephone numbers are active on the day prior to the specified charge date, which in this instance is 1 April 2006. The Act requires these providers to be prepared to pay the annual numbering charge on the set date. The obligation extends to ACMA to determine and publish the date for imposing the charge no later than 16 February each year, ensuring transparency and allowing service providers adequate notice. This Determination also necessitates that ACMA adheres to the statutory requirement to collect the charge as per the provisions of the Telecommunications Act 1997 and the Telecommunications (Numbering Charges) Act 1997.
Breach of the obligations stipulated by the Determination could lead to non-compliance with the Act's requirements. Although the Determination does not explicitly detail specific penalties for non-compliance, breaches of the Telecommunications (Numbering Charges) Act 1997 may attract penalties under the respective acts. Under the Telecommunications Act 1997, significant breaches may result in civil penalties, which can include fines up to $1.1 million for corporations and $220,000 for individuals. Additionally, criminal penalties may apply, with maximum fines of up to $5.5 million for corporations and $1.1 million for individuals. The exact penalties depend on the nature and severity of the breach, but it is clear that non-compliance could lead to substantial financial and legal repercussions.