Telecommunications (Facility Installation Permit — Public Inquiry Charges) 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 — Public Inquiry Charges) Determination 2004.
2 Commencement
This Determination commences on the date of its notification in the Gazette.
3 Revocation
The Telecommunications (Facility Installation Permit — Public Inquiry Charges) 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.
ACA staff means the persons employed by the ACA who are bound by an Agreement certified under section 170LJ of the Workplace Relations Act 1996 or an Australian Workplace Agreement (including the Chair and other ACA members appointed under section 16 of the ACA Act), but does not include associate members of the ACA appointed under section 18 of the ACA Act.
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) Subclause 25 (2) of Schedule 3 to the Telecommunications Act provides that the ACA must not issue a facility installation permit unless the ACA has held a public inquiry in relation to the permit.
(4) For subsection 53 (1) of the ACA Act, this Determination fixes the charges for holding a public inquiry in relation to an application for a facility installation permit.
Note Under subclause 25 (5) of Schedule 3 to the Telecommunications Act, clause 23 of that Schedule does not prevent a charge being fixed in relation to the holding of a public inquiry about a facility installation permit application.
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 or 3 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 a charge, or hourly rate of charge, mentioned in item 2 or 3 of Schedule 1 — on the issue to the applicant of an invoice for the charge; and
(b) in any other case — within 7 days of the applicant being notified by the ACA of the intention to hold a public inquiry under clause 25 of Schedule 3 to the Telecommunications Act in relation to the facility installation permit application.
Schedule 1 Charges payable
(subsection 6 (1))
Column 1
Item | Column 2
Matter | Column 3
Charge (including GST, if applicable) |
1 | Deposit payable on account of the expenses to be incurred by the ACA in relation to the holding of the public inquiry | $40 700.00 |
2 | Charges for activities of ACA staff in relation to the holding of the public inquiry | $162.80 for each hour or part of an hour |
3 | Any other expenses incurred by the ACA not included in item 1 or 2 in relation to the holding of the public inquiry | The costs incurred by the ACA |
1 Meaning of other expenses
In item 3 of this Schedule:
other expenses includes, but is not limited to, the following:
(a) daily payments to Associate Members under a Determination made by the Remuneration Tribunal;
(b) travel costs and allowances to both Associate Members and ACA staff;
(c) transcript costs;
(d) legal costs;
(e) consultant costs;
(f) costs associated with the hire of venues for public hearings.
Overview
The Telecommunications (Facility Installation Permit — Public Inquiry Charges) Determination 2004 was enacted by the Australian Communications Authority (ACA) under section 53 of the Australian Communications Authority Act 1997. The primary objective of this legislation is to address the financial aspects associated with the public inquiry process required for the issuance of facility installation permits in telecommunications. The determination sets forth the charges for these public inquiries, which include a deposit, hourly rates for ACA staff activities, and other related expenses. The policy aim is to ensure that the costs associated with holding public inquiries are transparently managed and fairly allocated to those applying for facility installation permits. This determination thus seeks to streamline the process by clearly outlining the financial obligations of applicants while supporting the ACA’s regulatory functions.
Scope and Application
The Telecommunications (Facility Installation Permit – Public Inquiry Charges) Determination 2004 applies to charges associated with the issuance of facility installation permits under the Telecommunications Act 1997. Specifically, it applies to charges for the holding of public inquiries by the Australian Communications Authority (ACA) in relation to applications for facility installation permits. The Determination applies to applicants for such permits, who are typically telecommunications carriers seeking to install facilities in Australia. It establishes the fees for these public inquiries, including a deposit on account of the expenses to be incurred by the ACA and charges for the activities of ACA staff, as well as other expenses incurred in relation to the public inquiry. The Determination is made under the Australian Communications Authority Act 1997 and operates nationally across Australia. While the Determination itself does not provide for exclusions, exemptions, or thresholds, it does allow for the possibility of other expenses being charged to the applicant, such as travel costs, transcript costs, and legal costs. The Determination is a legislative instrument that extends the application of the Telecommunications Act 1997 by specifying the charges for public inquiries related to facility installation permits.
Key Provisions
The main sections of the Telecommunications (Facility Installation Permit — Public Inquiry Charges) Determination 2004 (hereafter referred to as the Determination) outline the charges for holding a public inquiry in relation to an application for a facility installation permit under the Telecommunications Act 1997. Section 6 sets out the specific charges applicable to these public inquiries, including the deposit amount, hourly rates for activities of Australian Communications Authority (ACA) staff, and other expenses incurred by the ACA. Section 7 specifies who is responsible for these charges and when they are payable. The Determination also includes definitions for various terms used within the document (section 4) and revokes the previous Determination from 2002 (section 3).
The Determination imposes specific obligations on the parties involved in a facility installation permit application process. The applicant must pay a deposit as outlined in item 1 of Schedule 1, which is $40,700.00. This deposit covers the anticipated expenses of the ACA in relation to the public inquiry. Additionally, the applicant must pay the hourly rate for ACA staff activities related to the inquiry as specified in item 2 of Schedule 1, which is $162.80 for each hour or part of an hour. Any other expenses incurred by the ACA not included in the deposit or hourly rate must also be covered by the applicant, as outlined in item 3 of Schedule 1. These obligations are designed to ensure that the costs associated with the public inquiry process are transparent and fairly distributed.
In terms of consequences for non-compliance, the Determination does not explicitly outline specific offences or penalties for breaches of the charges outlined. However, non-payment of the required charges could potentially lead to delays or complications in the public inquiry process, which could indirectly affect the permit application. Given the nature of the Determination, it is unlikely that criminal penalties would apply, but any failure to meet the financial obligations could result in civil consequences, such as the ACA taking steps to recover unpaid amounts through legal means. The exact nature of these civil consequences would depend on the specific circumstances and applicable laws.