Telecommunications (Facility Installation Permit — Application Charge) 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 (Facility Installation Permit — Application Charge) Determination 2004.
2 Commencement
This Determination commences on the date of its notification in the Gazette.
3 Revocation
The Telecommunications (Facility Installation Permit — Application Charge) Determination 2002, published in the Gazette on 13 February 2002, is revoked.
4 Definitions
In this Determination, unless the contrary intention appears:
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.
Note The following expressions used in this Determination are defined in the Telecommunications Act:
ACA
carrier
facility installation permit.
5 Purpose of this Determination
(1) 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).
(2) Clause 21 of Schedule 3 to the Telecommunications Act provides that a carrier may apply to the ACA for a permit authorising the carrier to carry out the installation of one or more facilities. Such a permit is called a facility installation permit.
(3) Clause 23 of Schedule 3 to the Telecommunications Act provides that an application for a facility installation permit must be accompanied by the charge (if any) fixed by a determination under section 53 of the ACA Act in relation to so much of the ACA’s expenses in connection with dealing with the application as do not relate to the conduct of a public inquiry in relation to the permit.
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, if applicable.
(3) If:
(a) a deposit is paid under item 1 of Schedule 1; and
(b) one or more amounts are paid under item 2 of Schedule 1;
the amounts paid under paragraph (b) will be deducted from the deposit, and any remaining amount will be refunded.
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, if applicable) |
1 | Deposit to accompany an application for a facility installation permit | $5 907.00 |
2 | Charge for activities of ACA staff in connection with dealing with an application for a facility installation permit that do not relate to the conduct of a public inquiry in relation to the permit | $162.80 for each hour or part of an hour |
Overview
The Telecommunications (Facility Installation Permit – Application Charge) Determination 2004 was enacted to provide clarity and consistency in the charges for facility installation permits within the telecommunications sector. This legislative instrument was created by the Australian Communications Authority (ACA) under section 53 of the Australian Communications Authority Act 1997. The primary aim of this determination is to fix charges for specific services provided by the ACA and to address expenses incurred in connection with applications for facility installation permits, as outlined in the Telecommunications Act 1997. The previous Determination from 2002 was revoked to ensure the application of updated charges. The charges include a deposit fee and an hourly rate for activities related to the processing of permit applications, with the amount payable depending on the specific service requested.
Scope and Application
The Telecommunications (Facility Installation Permit — Application Charge) Determination 2004 applies to entities such as telecommunications carriers seeking to install facilities as defined under the Telecommunications Act 1997. It sets out the charges for services provided by the Australian Communications Authority (ACA) in relation to the processing of applications for facility installation permits. The charges outlined in this Determination are applicable across the Commonwealth of Australia, and are specified in the Determination itself or as amended through subordinate instruments. The Determination revokes a previous version, the Telecommunications (Facility Installation Permit — Application Charge) Determination 2002, and takes effect from the date of its notification in the Gazette. The charges include an initial deposit to accompany the application and an hourly rate for the ACA's activities related to the application, which excludes the conduct of public inquiries. The charges, which include GST if applicable, are payable by the applicant at the time the application is submitted or when an invoice is issued for hourly charges. If a deposit is paid and subsequent amounts are also paid, the latter will be deducted from the deposit with any balance refunded.
Key Provisions
The Telecommunications (Facility Installation Permit – Application Charge) Determination 2004 (section 1) is a legislative instrument made under section 53 of the Australian Communications Authority Act 1997. It sets out the charges associated with the application for a facility installation permit under the Telecommunications Act 1997. The Determination commenced on the date of its notification in the Gazette (section 2) and revoked the previous Determination from 2002 (section 3). The Determination applies specific definitions to terms used within it, such as 'ACA Act' and 'GST' (section 4). The purpose of this Determination is to establish the fees for services and facilities provided by the Australian Communications Authority (ACA) in relation to the application process for facility installation permits (section 5).
The Determination sets forth the specific charges that applicants must pay, including a deposit for the permit application and an hourly rate for the ACA’s activities in processing the application (section 6). The charges are payable by the applicant when the application is made, or upon issuance of an invoice for hourly charges (section 7). The fees include GST if applicable, and if a deposit is paid, any subsequent payments will be deducted from it with any balance refunded (section 6(3)).
The parties governed by this Determination, specifically applicants for facility installation permits, have clear obligations to pay the specified charges. Failure to comply with these payment requirements could result in delays or non-processing of the permit application. Additionally, the Determination provides for a refund mechanism if the applicant overpays their deposit (section 6(3)).
Breach of the obligations set out in this Determination may not directly result in criminal or civil penalties under this specific legislative instrument. However, non-compliance with the payment requirements could lead to administrative consequences, such as the suspension or refusal of the application for a facility installation permit. It is important to note that while this Determination itself does not stipulate specific penalties for non-compliance, the broader legislative framework under which it operates may impose additional consequences for failing to meet the statutory obligations.