EXPLANATORY STATEMENT
Issued by the authority of the Australian Communications and Media Authority
Telecommunications Act 1997
Telecommunications Numbering Plan Variation 2005 (No.3)
Declaration made under section 460(3)(a)(ii) of the Telecommunications Act 1997
Statutory basis
As the result of amendments introduced by the Telecommunications Legislation
Amendment (Competition and Consumer Issues) Act 2005, a minor variation to the Telecommunications Numbering Plan 1997 (the Plan) is not subject to the public consultation requirements under section 460 of the Telecommunications Act 1997 (the Act). Specifically, section 460(3)(a)(ii) of the Act provides that where Australian Communications and Media Authority (ACMA) is of the opinion that a variation to the Plan is a minor variation then it may make a written declaration to that effect.
Background
The Telecommunications Numbering Variation 2005 (No. 3) amends the Plan to correct minor errors, clarify some ambiguities, remove redundant clauses and extend the end date for a trial.
The ACMA considers the impact of these amendments to the Plan to be minor and machinery in nature and is of the opinion that the variation is a minor variation.
In coming to its opinion, ACMA has had regard to section 18(2) (a) of the Legislative Instruments Act 2003 which sets out examples of circumstances where consultation may be unnecessary or inappropriate. In particular, consultation may be unnecessary or inappropriate in the case of “an instrument that is of a minor or machinery nature and does not substantially alter existing arrangements”.
Details of the Declaration
Section 1 provides that the variation may be cited as the Telecommunications (Minor Variation to Numbering Plan) Declaration 2005.
Section 2 provides that the declaration takes effect on the day after it is registered.
Section 3 declares that the Telecommunications Numbering Plan Variation (No. 3) 2005 is a minor variation.