Telecommunications (Facility Installation Permit - Public Inquiry Charges) Determination 2006

Overview

The Telecommunications (Facility Installation Permit – Public Inquiry Charges) Determination 2006, made under the Australian Communications and Media Authority Act 2005, was introduced to address the need for the Australian Communications and Media Authority (ACMA) to recover costs associated with conducting public inquiries about facility installation permits. The primary objective of the Determination is to fix the charges for such services and to ensure that these charges reflect the actual costs incurred by ACMA. This was necessitated by the exemption of these charges from the goods and services tax (GST) under the A New Tax System (Goods and Services Tax) (Exempt Taxes, Fees and Charges) Determination 2006. The Determination also serves to update references from the former Australian Communications Authority (ACA) to ACMA, reflecting the legislative changes following the establishment of ACMA on 1 July 2005. By specifying the charge amount, the person responsible for payment, and the timing of payment, the Determination allows ACMA to directly recover the costs of public inquiries from applicants, ensuring accurate cost recovery and charging as mandated by the ACMA Act.

Scope and Application

The Telecommunications (Facility Installation Permit – Public Inquiry Charges) Determination 2006 applies to any applicant for a facility installation permit under the Telecommunications Act 1997. This includes telecommunications carriers applying for permits to install telecommunications facilities. The Determination applies nationally across Australia as it is made under the Australian Communications and Media Authority Act 2005 which has a Commonwealth reach. The charge applies to the specific service of conducting a public inquiry about a facility installation permit application. There are no stated exclusions, exemptions or thresholds in the Determination. However, the amount of the charge is set to cover the costs incurred by the Australian Communications and Media Authority in conducting the inquiry, with any over or under recovery of costs being adjusted by refund or invoicing of the applicant. The Determination itself does not extend application through subordinate instruments but references other instruments that set the application charge and GST treatment.

Key Provisions

The Telecommunications (Facility Installation Permit – Public Inquiry Charges) Determination 2006 (the Determination) specifies the charges imposed on applicants for a facility installation permit when the Australian Communications and Media Authority (ACMA) decides to conduct a public inquiry about the permit. The charge is designed to recover the costs of conducting the public inquiry directly from the applicant, in addition to the application charge specified in another determination (Sections 2, 4, and 6). The charge must be paid before ACMA commences the public inquiry, as notified to the applicant (Section 7). The charge amount is detailed in Schedule 1 of the Determination. The Determination imposes several obligations on applicants for a facility installation permit. These include the requirement to pay the specified charge if a public inquiry is conducted, and to pay this charge prior to the commencement of the inquiry (Section 7). If the actual costs of the inquiry are less than the charge, the applicant is entitled to a refund of the difference. Conversely, if the actual costs exceed the charge, the applicant is required to pay the additional amount invoiced by ACMA (Section 6). There are no specific offences or penalties outlined in the Determination itself. However, the ACMA Act, under which this Determination is made, includes provisions for enforcing compliance with its determinations. Failure to comply with a charge determination could potentially lead to enforcement actions under the ACMA Act, although the specific penalties for such actions are not detailed in this Determination. The ACMA Act also provides for both civil and criminal penalties for serious breaches of its provisions, although again, these are not detailed in the Determination. The Determination ensures that ACMA can recover the costs associated with conducting public inquiries into facility installation permit applications. It sets out the charge to be imposed on applicants, the circumstances under which the charge is payable, and the process for refunding or invoiced additional costs. The rigorous Activity Based Costing methodology employed by ACMA ensures that the costs attributed to these activities are accurate and equitable. This Determination is a legislative instrument under the Legislative Instruments Act 2003, and it has been made to update references to the Australian Communications Authority with references to ACMA, reflecting the establishment of ACMA on 1 July 2005.