Telecommunications (Freephone and Local Rate Numbers Auctions - Registration Charge) Determination 2004 (No. 2)

Overview

The Telecommunications (Freephone and Local Rate Numbers Auctions – Registration Charge) Determination 2004 (No. 2), made under section 53 of the Australian Communications Authority Act 1997, was introduced to address the need for setting specific charges related to the registration of freephone and local rate numbers. This legislative instrument was enacted by the Australian Communications Authority, which aimed to establish a formal charge for the expenses incurred in providing the registration facilities for these numbers. The policy objective behind this determination is to ensure that the costs associated with the administration and allocation of these numbers are covered through a structured charge system, while exempting eligible charities from any charge liability. This determination sets the charge for the registration of freephone and local rate numbers, including the applicable GST, and specifies that the charge is payable by the applicant for registration, except for eligible charities that are exempt from such charges. The determination came into effect on the date of its notification in the Gazette, replacing a previous determination from 16 June 2004.

Scope and Application

The Telecommunications (Freephone and Local Rate Numbers Auctions – Registration Charge) Determination 2004 (No. 2) is a legislative instrument made under section 53 of the Australian Communications Authority Act 1997. This Determination establishes the charges applicable for the registration of freephone and local rate numbers in telecommunications services, specifically for the allocation of these numbers to carriers. The charge is levied on applicants for registration, excluding eligible charities as defined in the Telecommunications (Freephone and Local Rate Numbers - Charities) Allocation Determination 2004 (No. 2). The Determination specifies that the charge, including GST if applicable, is $88.00 for each registration application. The charge must be paid by the applicant in accordance with the terms set out in the Determinations, which include the Commercial and Charities Determinations. The Determination applies nationally across Australia and is relevant to any entity or individual applying for the registration of freephone and local rate numbers as per the aforementioned Determinations. It sets out the financial obligations of such applicants and provides clarity on the costs associated with the registration process. The Determination revokes a previous version notified on 16 June 2004, thereby updating the charge structure and associated obligations.

Key Provisions

The main operative sections of the Telecommunications (Freephone and Local Rate Numbers Auctions – Registration Charge) Determination 2004 (No. 2) establish the framework for the imposition of charges on the registration of telecommunications numbers under specific determinations. Section 6 sets the amount of the charge, specifying it at $88.00 including GST if applicable. This charge applies to applications for registration under either the Telecommunications (Freephone and Local Rate Numbers) Allocation Determination 2004 (No. 2) or the Telecommunications (Freephone and Local Rate Numbers - Charities) Allocation Determination 2004 (No. 2). Section 7 details who must pay the charge and when it is due, stating that the charge is payable by the applicant for registration in accordance with the requirements set out in the aforementioned determinations. Notably, eligible charities, as defined in the Charities Determination, are exempt from this charge regardless of the determination under which they apply for registration. The obligations and requirements imposed by this Determination primarily concern the payment of a specified charge by applicants for telecommunications number registration. Under section 7, applicants for registration are required to pay the charge as stipulated in Schedule 1. This requirement is subject to the conditions that the charge is payable by the applicant and at the time specified in the relevant determinations. Furthermore, the obligation does not extend to eligible charities, who are explicitly exempt from paying the charge as per the same section. This delineation ensures that while most applicants are required to settle the registration charge, charities are not subject to this financial obligation, reflecting a consideration for charitable entities within the regulatory framework. The Determination also outlines the consequences for non-compliance with the charge provisions. While the document does not explicitly enumerate offences or penalties for breach, it implies that failure to comply with the charge requirements could result in the Australian Communications Authority (ACA) taking appropriate action to enforce payment. The absence of specific penalties within the text suggests that the primary mechanism for compliance is the regulatory authority's ability to enforce the charge. For applicants who are not exempt, non-payment could potentially lead to the denial of registration or other administrative consequences as determined by the ACA. This approach underscores the regulatory body's authority to ensure compliance with financial obligations imposed under its purview.