Telecommunications (Due Date for Annual Carrier Licence Charge) Determination No. 1 of 1999

Overview

The Telecommunications (Due Date for Annual Carrier Licence Charge) Determination No. 1 of 1999, made under subsection 73(3) of the Telecommunications Act 1997, was enacted by the Australian Communications Authority to address the need for clarity regarding the due date for the annual carrier licence charge. This determination was issued to ensure that the timing for the payment of these charges is clearly stipulated, thereby reducing ambiguity for telecommunications carriers and aiding in the efficient administration of the licensing system. The determination outlines that the annual charge is payable 30 calendar days after the issuance of an invoice by the Australian Communications Authority. By specifying this timeframe, the legislation aims to provide a clear and consistent standard for when carriers are required to settle their annual charges, thereby supporting the regulatory objectives of the Telecommunications Act 1997.

Scope and Application

The Telecommunications (Due Date for Annual Carrier Licence Charge) Determination No. 1 of 1999, made under subsection 73(3) of the Telecommunications Act 1997, outlines the specific due date for the annual carrier licence charge applicable to telecommunications carriers in Australia. This determination applies to all entities that are subject to the annual carrier licence charge as prescribed under the Telecommunications Act 1997. The charge is applicable to persons or entities that hold a carrier licence under the Act, thereby encompassing various industries within the telecommunications sector, such as mobile network operators, fixed-line providers, and other communication service providers. The determination sets the due date for the annual charge to be 30 calendar days after the date specified on an invoice issued by the Australian Communications Authority (ACA). This statutory instrument has a national reach, applying across all states and territories of Australia. The Act and its subordinate instruments do not specify exclusions or exemptions from this charge, except as may be provided by the Act itself or any other applicable legislation.

Key Provisions

The Telecommunications (Due Date for Annual Carrier Licence Charge) Determination No. 1 of 1999 (the "Determination") sets out specific provisions under subsection 73(3) of the Telecommunications Act 1997 (the "Act"). The Determination specifies when an annual carrier licence charge, as defined in subsection 73(1) of the Act, is due and payable (sections 4(1) and 4(2)). According to the Determination, the annual charge becomes payable 30 calendar days after the date specified on an invoice issued to the relevant entity by the Australian Communications Authority (ACA). The Determination imposes obligations on entities subject to the annual carrier licence charge. Specifically, these entities must ensure they receive and process invoices from the ACA in a timely manner, and must pay the annual charge within the stipulated period of 30 calendar days from the invoice date (section 4(2)). This requirement ensures that the ACA can maintain up-to-date records of payments and manage its administrative processes efficiently. There are no explicit offences, penalties, or consequences stated within the Determination itself for non-compliance with the specified payment due date. However, failure to pay the annual charge on time could potentially result in enforcement actions under the broader provisions of the Telecommunications Act 1997. Such actions might include the imposition of fines or other administrative penalties as provided by the Act. The exact penalties and consequences for non-compliance would need to be sought from the relevant sections of the primary Act.