Telecommunications (Industry Levy) Amendment Act 2015

Overview

The Telecommunications (Industry Levy) Amendment Act 2015 was enacted by the Parliament of Australia to amend the Telecommunications (Industry Levy) Act 2012. This Act aims to address certain gaps and update the regulatory framework related to the industry levy imposed on telecommunications services. The primary policy objective of this amendment is to ensure that the levy system remains fair, effective, and aligned with broader telecommunications legislation and standards. The Act received Royal Assent on 13 April 2015 and certain provisions commenced on 1 July 2015, aligning with the deregulation measures introduced by the Telecommunications Legislation Amendment (Deregulation) Act 2015. The Telecommunications (Industry Levy) Amendment Act 2015 introduces amendments to clarify definitions and extend the applicability of the levy to external territories. It imposes a levy on amounts determined under the Telecommunications (Consumer Protection and Service Standards) Act 1999, with the levy amount being equal to the determined amount. The Act also ensures that the levy remains payable by the person liable under the Telecommunications Act 1997. While sections 3, 5, 6, 7, and 8 of the original Act are repealed, they continue to apply to levy amounts for specific financial years, ensuring continuity in the levy system for those periods.

Scope and Application

The Telecommunications (Industry Levy) Amendment Act 2015 amends the Telecommunications (Industry Levy) Act 2012, establishing a levy on telecommunications services provided within Australia, including its external territories. This Act applies to entities that are liable for a levy amount under the Telecommunications (Consumer Protection and Service Standards) Act 1999 for periods beginning on or after 1 July 2014. The levy imposed by this Act is equivalent to the levy amount determined under the aforementioned Act, and the person liable to pay this levy is the one who has the levy amount for the relevant period. Notably, the Act does not apply to levy amounts for periods starting on or before 30 June 2013, which remain governed by the original provisions of the Telecommunications (Industry Levy) Act 2012. The Act allows for further regulation and specification through subordinate instruments, thereby extending or restricting its application as necessary.

Key Provisions

The Telecommunications (Industry Levy) Amendment Act 2015 amends the Telecommunications (Industry Levy) Act 2012. Section 1 of the amending Act allows for its citation, while Section 2 specifies the commencement date for different parts of the Act, with general provisions coming into effect upon Royal Assent on 13 April 2015, and specific amendments taking effect from 1 July 2015. The amendments are detailed in Schedule 1. The key provisions of the amending Act, as per Schedule 1, include the insertion of a new Part 2 into the Telecommunications (Industry Levy) Act 2012, which governs the levy for the 2014-15 financial year and subsequent years. Section 4A introduces definitions relevant to this Part, such as "eligible levy period" and "levy amount," which are borrowed from the Telecommunications (Consumer Protection and Service Standards) Act 1999. Section 4B extends this Part to external territories as defined in the Telecommunications Act 1997. Section 4C imposes a levy on any levy amount a person is liable for under section 50 of the Telecommunications (Consumer Protection and Service Standards) Act 1999. The amount of the levy, detailed in Section 4D, is equal to the levy amount, and Section 4E stipulates that the person liable for the levy amount is also liable for the levy imposed under this Part. The Act imposes several obligations on the parties it governs. Primarily, any person with a levy amount for an eligible levy period, as defined in the Telecommunications (Consumer Protection and Service Standards) Act 1999, must pay the levy imposed by this Part. This levy is calculated as the amount of the levy amount. The Act also maintains the transitional provisions for levy amounts from the 2012-13 and 2013-14 financial years, ensuring that the repealed sections of the original Act continue to apply to those specific periods as if the repeals had not occurred. Failure to comply with the requirements of this Act could result in civil or criminal consequences, although specific penalties are not detailed in the Act itself. Penalties for breaches of telecommunications legislation are typically outlined in the primary Act they relate to, in this case, the Telecommunications (Consumer Protection and Service Standards) Act 1999. Generally, such breaches could lead to fines or other legal actions as prescribed by the relevant legislation.