Telecommunications (Industry Levy) Act 2012

Administered by Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts

Legislation au C2012A00045 In force Act

Legislation content

Telecommunications (Industry Levy) Act 2012

No. 45, 2012

Compilation No. 3

Compilation date:   19 June 2018

Includes amendments up to: Act No. 41, 2018

Registered:    19 June 2018

 

About this compilation

This compilation

This is a compilation of the Telecommunications (Industry Levy) Act 2012 that shows the text of the law as amended and in force on 19 June 2018 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.

Selfrepealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

 

 

 

Contents

Part 1—Preliminary

1 Short title

2 Commencement

4 Act to bind Crown

Part 2—Levy for the 201415 financial year and later financial years

4A Definitions

4B Extension to external Territories

4C Imposition of levy

4D Amount of levy

4E Person liable to pay levy

Endnotes

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

 

An Act to impose a levy to support the provision of public interest telecommunications services, and for related purposes

Part 1—Preliminary

 

1  Short title

  This Act may be cited as the Telecommunications (Industry Levy) Act 2012.

2  Commencement

 (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

 

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1.  Sections 1 and 2 and anything in this Act not elsewhere covered by this table

The day this Act receives the Royal Assent.

16 April 2012

2.  Sections 3 to 8

At the same time as section 3 of the Telecommunications Universal Service Management Agency Act 2012 commences.

1 July 2012

Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.

 (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.

4  Act to bind Crown

  This Act binds the Crown in right of each of the States, of the Australian Capital Territory and of the Northern Territory. However, it does not bind the Crown in right of the Commonwealth.

Part 2—Levy for the 2014‑15 financial year and later financial years

 

4A  Definitions

  In this Part:

eligible levy period has the same meaning as in the Telecommunications (Consumer Protection and Service Standards) Act 1999.

levy amount has the same meaning as in the Telecommunications (Consumer Protection and Service Standards) Act 1999.

person has the same meaning as in the Telecommunications Act 1997.

Note: See also subsection 5(1) of the Telecommunications (Consumer Protection and Service Standards) Act 1999.

4B  Extension to external Territories

 (1) This Part extends to each external Territory referred to in subsection 10(1) of the Telecommunications Act 1997.

Note: See also section 7 of the Telecommunications (Consumer Protection and Service Standards) Act 1999.

 (2) The operation of this Act in relation to Norfolk Island is not affected by the amendments made by Division 1 of Part 1 of Schedule 5 to the Territories Legislation Amendment Act 2016.

4C  Imposition of levy

  If a person has a levy amount for an eligible levy period because of section 50 of the Telecommunications (Consumer Protection and Service Standards) Act 1999, levy is imposed on that amount.

4D  Amount of levy

  The amount of a levy that this Part imposes on a levy amount for an eligible levy period is equal to that levy amount.

4E  Person liable to pay levy

  Levy imposed by this Part on a person’s levy amount for an eligible levy period is payable by the person.

Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.

If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.

 

Endnote 2—Abbreviation key

 

ad = added or inserted

o = order(s)

am = amended

Ord = Ordinance

amdt = amendment

orig = original

c = clause(s)

par = paragraph(s)/subparagraph(s)

C[x] = Compilation No. x

    /subsubparagraph(s)

Ch = Chapter(s)

pres = present

def = definition(s)

prev = previous

Dict = Dictionary

(prev…) = previously

disallowed = disallowed by Parliament

Pt = Part(s)

Div = Division(s)

r = regulation(s)/rule(s)

ed = editorial change

reloc = relocated

exp = expires/expired or ceases/ceased to have

renum = renumbered

    effect

rep = repealed

F = Federal Register of Legislation

rs = repealed and substituted

gaz = gazette

s = section(s)/subsection(s)

LA = Legislation Act 2003

Sch = Schedule(s)

LIA = Legislative Instruments Act 2003

Sdiv = Subdivision(s)

(md) = misdescribed amendment can be given

SLI = Select Legislative Instrument

    effect

SR = Statutory Rules

(md not incorp) = misdescribed amendment

SubCh = SubChapter(s)

    cannot be given effect

SubPt = Subpart(s)

mod = modified/modification

underlining = whole or part not

No. = Number(s)

    commenced or to be commenced

 

Endnote 3—Legislation history

 

Act

Number and year

Assent

Commencement

Application, saving and transitional provisions

Telecommunications (Industry Levy) Act 2012

45, 2012

16 Apr 2012

s 3–8: 1 July 2012 (s 2(1) item 2)
Remainder: 16 Apr 2012 (s 2(1) item 1)

 

Telecommunications (Industry Levy) Amendment Act 2015

37, 2015

13 Apr 2015

Sch 1: 1 July 2015 (s 2(1) item 2)

Sch 1 (item 5)

Territories Legislation Amendment Act 2016

33, 2016

23 Mar 2016

Sch 5 (items 90–92): 1 July 2016 (s 2(1) item 7)

Statute Update (Autumn 2018) Act 2018

41, 2018

22 May 2018

Sch 4 (item 19): 19 June 2018 (s 2(1) item 4)

 

Endnote 4—Amendment history

 

Provision affected

How affected

Part 1

 

Part 1 heading.............

ad No 37, 2015

s 3.....................

rep No 37, 2015

s 4.....................

am No 41, 2018

Part 2

 

Part 2...................

ad No 37, 2015

s 4A....................

ad No 37, 2015

s 4B....................

ad No 37, 2015

 

am No 33, 2016

s 4C....................

ad No 37, 2015

s 4D....................

ad No 37, 2015

s 4E....................

ad No 37, 2015

s 5.....................

rep No 37, 2015

s 6.....................

rep No 37, 2015

s 7.....................

rep No 37, 2015

s 8.....................

rep No 37, 2015

 

Overview

The Telecommunications (Industry Levy) Act 2012 was enacted by the Parliament of Australia to impose a levy on telecommunications industry participants to support the provision of public interest telecommunications services. This legislation aimed to address a gap in funding for such services, which are crucial for ensuring that all Australians, particularly those in remote and regional areas, have access to essential telecommunications services. The policy objective behind this Act is to provide a sustainable funding mechanism to support these services, thereby contributing to the broader goal of digital inclusion and connectivity across the nation. The Act came into force on various dates, with the general provisions commencing on the day of Royal Assent, 16 April 2012, and other specified sections commencing on 1 July 2012, aligning with the commencement of related provisions in the Telecommunications Universal Service Management Agency Act 2012.

Scope and Application

The Telecommunications (Industry Levy) Act 2012 applies to the levy imposed on telecommunications services to support the provision of public interest telecommunications services. It applies to persons, including businesses, who have a levy amount for an eligible levy period as defined under the Telecommunications (Consumer Protection and Service Standards) Act 1999. The Act extends to the external territories as defined under the Telecommunications Act 1997, except that its operation in relation to Norfolk Island is unaffected by specific amendments made by the Territories Legislation Amendment Act 2016. The levy amount is equal to the levy amount as determined by the Telecommunications (Consumer Protection and Service Standards) Act 1999. The levy is payable by the person liable for the levy amount, and the Act binds the Crown in right of each of the States, the Australian Capital Territory, and the Northern Territory but not the Commonwealth. The Act may be further extended or restricted through subordinate instruments.

Key Provisions

The Telecommunications (Industry Levy) Act 2012 establishes a levy to support the provision of public interest telecommunications services. Section 4A contains definitions relevant to the Act, including terms such as "eligible levy period" and "person," which are defined by reference to other legislation. Section 4B extends the application of the Act to external Territories, while Section 4C imposes a levy on persons who have a levy amount for an eligible levy period due to a provision in the Telecommunications (Consumer Protection and Service Standards) Act 1999. The amount of the levy is determined by Section 4D, which stipulates that the levy imposed is equal to the levy amount, and Section 4E specifies that the levy is payable by the person on whom it is imposed. The Act imposes several obligations on the parties or entities it governs. Firstly, Section 4C requires the imposition of a levy on any person who has a levy amount for an eligible levy period. The levy amount is calculated as per Section 4D, which mandates that the levy be equal to the levy amount. Section 4E further specifies that the person on whom the levy is imposed is responsible for paying it. Additionally, the Act extends to external Territories, as outlined in Section 4B, ensuring that the levy applies uniformly across the territories. Breaches of the Telecommunications (Industry Levy) Act 2012 may result in various consequences. Although specific offences, penalties, or civil/criminal consequences are not detailed within the provided sections, non-compliance with the Act could potentially lead to legal action. Under Australian law, failure to adhere to legislative requirements can result in fines, legal proceedings, or other penalties as prescribed by relevant legislation. For instance, the penalties for non-compliance with similar Acts may include substantial fines and possible imprisonment, depending on the severity and intent behind the breach. However, the exact penalties would need to be referred to in the specific sections of the Act or related statutes.

Legal classification tags

Area of Law
Taxation Law
Commercial Law
Instrument
Act
Concepts
Commencement Provisions
Reporting & Disclosure Obligations
Licensing & Registration

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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.