Telecommunications (Date of Imposition of Charge) Determination 2007

Overview

The Telecommunications (Date of Imposition of Charge) Determination 2007 was enacted to establish the specific date for the imposition of annual numbering charges on carriage service providers (CSPs) as outlined in the Telecommunications (Numbering Charges) Act 1997. The Australian Communications and Media Authority (ACMA) is the enacting body, and the determination was made under the authority granted by the Commonwealth Government to collect a predetermined amount of revenue each year from CSPs. The purpose of the determination is to set the date for the imposition of these charges for the year 2007, ensuring consistency and preventing discrepancies in the recording of freephone and local rate numbers. This determination was made under subsection 18(1) of the Telecommunications (Numbering Charges) Act 1997, which mandates that ACMA must determine a day in April each year for the imposition of annual numbering charges on CSPs. Section 4 of the determination sets 1 April 2007 as the date for the imposition of these charges, using Coordinated Universal Time (UTC) to avoid any discrepancies with the database used to record the allocations of freephone and local rate numbers. The Office of Regulation Review determined that a Regulation Impact Statement was not required for this determination, as the changes from the previous determination were minor and machinery in nature, not substantially altering existing arrangements.

Scope and Application

The Telecommunications (Date of Imposition of Charge) Determination 2007 applies to all carriage service providers (CSPs) that hold allocated telephone numbers at the start of the day determined by the Australian Communications & Media Authority (ACMA) under the Telecommunications (Numbering Charges) Act 1997. This legislation sets the specific date on which annual numbering charges are imposed, and the process is overseen by ACMA in accordance with the Telecommunications Act 1997 and the Telecommunications (Numbering Charges) Act 1997. The geographic reach of this legislation is national, as it applies across Australia and is enacted under Commonwealth law. The Determination specifies that charges will be imposed on 1 April 2007, calculated with reference to Coordinated Universal Time (UTC) to ensure consistency and avoid discrepancies in record-keeping. The legislation does not specify any exclusions, exemptions, or thresholds, and its application is direct without the need for subordinate instruments.

Key Provisions

The Telecommunications (Date of Imposition of Charge) Determination 2007 outlines the key provisions regarding the imposition of annual numbering charges on carriage service providers (CSPs) under the Telecommunications (Numbering Charges) Act 1997. Section 4 of the Determination specifies that the annual numbering charge will be imposed on 1 April 2007, as calculated with reference to Coordinated Universal Time (UTC) (s 4). This date is determined in accordance with subsection 18(2) of the Act, which mandates that the Australian Communications and Media Authority (ACMA) must determine this date before 16 February each year. The obligations imposed by the Determination on CSPs primarily revolve around ensuring that they are aware of and prepared for the annual numbering charge on the specified date. CSPs must be ready to pay the charge for any allocated numbers they hold at the beginning of the day determined by ACMA. This includes maintaining records and systems to track their number allocations accurately and ensuring compliance with the charge imposition date set by ACMA. The Determination also necessitates that ACMA, as the regulatory authority, communicates the date of charge imposition clearly to all relevant CSPs, ensuring transparency and compliance within the industry. In terms of consequences for non-compliance, the Determination does not explicitly detail specific offences or penalties within its text. However, under the broader framework of the Telecommunications (Numbering Charges) Act 1997, failure to comply with the annual numbering charge requirements could lead to enforcement actions by ACMA. This may include fines or other penalties as stipulated under the relevant sections of the Act. The exact penalties would be determined in line with the provisions of the overarching legislation, which could impose significant financial sanctions for non-compliance.