Telecommunications (Facility Installation Permit - Application Charge) Determination 2006

Administered by Department of Communications and the Arts

Legislation au F2006L01971 Not in force Legislative Instrument

Legislation content

EXPLANATORY STATEMENT

 

Issued by the authority of the Australian Communications and Media Authority

 

Telecommunications (Facility Installation Permit - Application Charge)

Determination 2006

 

Australian Communications and Media Authority Act 2005

 

Purpose

 

The Telecommunications (Facility Installation Permit – Application Charge) Determination 2006 (the Determination) has been made to revoke and replace the Telecommunications (Facility Installation Permit – Application Charge) Determination 2004 in order to remove the goods and services tax (GST) from the charges imposed by that determination.  These charges have become exempt from GST because of the A New Tax System (Goods and Services Tax) (Exempt Taxes, Fees and Charges) Determination 2006. 

 

The Determination also updates references to the Australian Communications Authority (ACA) with references to the Australian Communications and Media Authority (ACMA).  ACMA was established on 1 July 2005, and performs the merged functions of the ACA and the Australian Broadcasting Authority.  Legislative references to the replacement act, the Australian Communications and Media Authority Act 2005 (the ACMA Act), have also been updated.

 

Legislative Provisions

 

Clause 21 of Schedule 3 to the Telecommunications Act 1997 (the Telecom Act) provides that a carrier may apply to ACMA for a permit authorising the installation of one or more facilities. This permit is called a facility installation permit.

 

Clause 23 of Schedule 3 to the Telecom Act provides that an application for a facility installation permit must be accompanied by the charge (if any) fixed by a determination under Section 60 of the ACMA Act in relation to so much of ACMA’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.

 

Subsection 60(1) of the ACMA Act provides that ACMA may, by written instrument, make determinations fixing charges.

 

A determination made under subsection 60(1) of the ACMA Act is a legislative instrument for the purposes of the Legislative Instruments Act 2003.

 

Background

 

Section 60 of the ACMA Act obliges ACMA to ensure accurate cost recovery and charging. Consequently, ACMA has adopted a rigorous Activity Based Costing (ABC) methodology to ensure the costings which underpin pricing decisions accurately and equitably attribute costs to the range of outputs which ACMA provides to clients. In ensuring its cost recovery regime is robust, ACMA has employed an external financial consultancy firm in a quality assurance role.

 

The Telecommunications (Facility Installation Permit—Application Charge)

Determination 2006 specifies:

• the amount of charge imposed for an application for a facility installation permit;

• the person to whom the charge is payable; and

• when the charge is payable.

 

The Determination will enable ACMA to recover its administrative costs for dealing with applications for facility installation permits directly from each applicant.  This does not include ACMA’s costs of conducting a public inquiry about a permit, which is subject to a separate charge specified in the Telecommunications (Facility Installation Permit—Public Inquiry Charges) Determination 2006.

 

The charge is payable upon application for a facility installation permit. Where the actual costs of dealing with an application for a facility installation permit are less than the amount of the charge, the difference will be refunded to the applicant. Where actual costs exceed the amount of the charge, the applicant will be invoiced for the difference.

 

Consultation

There was no consultation on the Determination.  The Determination is of a minor or machinery nature and does not substantially alter existing arrangements.

 

 


NOTES ON SECTIONS

 

Section 1 – Name of Determination

 

This states that the name of the determination is the Telecommunications (Facility Installation Permit - Application Charge) Determination 2006.

 

Section 2 - Commencement

 

This section provides for the determination to commence on 1 July 2006.

 

Section 3 - Revocation

 

This section specifies the determination revoked by this Determination.

 

Section 4 - Definitions

 

This section defines some of the key terms in the Determination.

 

Section 5 – Purpose of this Determination

 

This section defines the purpose of this Determination which is to fix charges for services provided by ACMA and any matter in which expenses are incurred by ACMA under specified Acts.

 

Section 6 - Charges

 

This section specifies the charge, or hourly rate for the charge, to be imposed on an application for a facility installation permit by reference to the attached Schedule 1.

 

Section 7 – By whom and when is the charge payable

 

This section specifies when and by whom the charge is payable.

 

Schedule 1 – Charges payable

 

This schedule specifies the amount of the charge.

Overview

The Telecommunications (Facility Installation Permit - Application Charge) Determination 2006 was made under the Australian Communications and Media Authority Act 2005 to update the charges for applications for facility installation permits, aligning with the new legislative framework established by the Australian Communications and Media Authority (ACMA). This Determination was introduced to address the need to remove the goods and services tax (GST) from the charges previously imposed by the Telecommunications (Facility Installation Permit – Application Charge) Determination 2004, following the exemption of these charges from GST by the A New Tax System (Goods and Services Tax) (Exempt Taxes, Fees and Charges) Determination 2006. The Determination also updates references to the Australian Communications Authority (ACA) with references to ACMA, reflecting the organisational changes that occurred with the establishment of ACMA on 1 July 2005. The purpose of the Determination is to ensure that ACMA can recover its administrative costs for dealing with applications for facility installation permits directly from each applicant, excluding costs associated with public inquiries, which are subject to a separate charge.

Scope and Application

The Telecommunications (Facility Installation Permit – Application Charge) Determination 2006 applies to entities and individuals who wish to apply for a facility installation permit under the Telecommunications Act 1997. This permit allows for the installation of telecommunications facilities, and the Determination establishes the charges associated with submitting such an application to the Australian Communications and Media Authority (ACMA). The ACMA is the entity responsible for overseeing telecommunications, radiocommunications, and television within Australia, and it is the body to which the charge must be paid. The application of this Determination is national in scope, as it applies across all jurisdictions within Australia. The charge is set to recover the administrative costs incurred by ACMA in processing the application, excluding the costs associated with conducting a public inquiry, which are governed by separate legislation. The charge is subject to adjustment if the actual costs differ from the set amount, with any overpayment refunded or underpayment invoiced accordingly. The Determination came into effect on 1 July 2006 and replaced a previous version to align with changes in tax law that exempted these charges from GST.

Key Provisions

The Telecommunications (Facility Installation Permit – Application Charge) Determination 2006 (the Determination) sets out specific provisions governing the fees for applications related to facility installation permits within the telecommunications industry (Section 6). Under this Determination, an application for a facility installation permit must be accompanied by a specific charge, which is intended to cover the administrative costs incurred by the Australian Communications and Media Authority (ACMA) in processing the application (Section 60(1) of the ACMA Act). The amount of this charge is detailed in Schedule 1 of the Determination and is payable at the time of application submission. Importantly, this charge does not include the costs associated with conducting a public inquiry about the permit, which are covered by a separate charge under the Telecommunications (Facility Installation Permit—Public Inquiry Charges) Determination 2006. The Determination imposes obligations on both ACMA and applicants. For ACMA, it mandates the adoption of an Activity Based Costing (ABC) methodology to ensure accurate cost recovery and charging, employing an external financial consultancy firm for quality assurance. For applicants, it requires them to pay the specified charge at the time of application submission (Section 7). ACMA is also required to refund any overpayment of the charge if the actual administrative costs are less than the charged amount, or to invoice the applicant for any shortfall (Section 6). The Determination does not explicitly outline specific offences, penalties, or consequences for breach. However, failure to comply with the charge payment requirements may result in ACMA declining to process the application or taking other appropriate actions to ensure compliance. The financial implications for non-compliance would be limited to the underpayment or overpayment of the specified charge, with potential invoicing for any shortfall or refunds for overpayments. This ensures that ACMA can recover its costs while maintaining fairness to applicants.

Legal classification tags

Area of Law
Telecommunications Law
Instrument
Statutory Instrument
Concepts
Definitions & Interpretation
Offence Provisions
Reporting & Disclosure Obligations

Interactions

Authorises

All Versions

Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.