Telecommunications (Nominated Carrier Declaration Application Charge) Determination 2004
The AUSTRALIAN COMMUNICATIONS AUTHORITY makes this Determination under section 53 of the Australian Communications Authority Act 1997.
Dated 19 May 2004 R HORTON Chair A HORSLEY Deputy Chair
Australian Communications Authority
1 Name of Determination
This Determination is the Telecommunications (Nominated Carrier Declaration Application Charge) Determination 2004.
2 Commencement
This Determination commences on the date of its notification in the Gazette.
3 Revocation
The Telecommunications (Nominated Carrier Declaration Application Charge) Determination 2000, published in the Gazette on 21 June 2000, is revoked.
4 Definition
In this Determination, unless the contrary intention appears:
GST has the meaning given by section 195-1 of the A New Tax System (Goods and Services Tax) Act 1999.
5 Nominated carrier declaration application charge
(1) This section fixes the charge for the expenses incurred, or to be incurred, by the Australian Communications Authority in relation to an application by a carrier for a nominated carrier declaration under section 77 of the Telecommunications Act 1997.
(2) The charge fixed is $3 300.00.
(3) The charge includes GST.
6 By whom and when is a charge payable
(1) Section 78 of the Telecommunications Act 1997 provides that an application by a carrier under section 77 must be accompanied by the charge (if any) fixed by a determination under section 53 of the Australian Communications Authority Act 1997.
(2) The charge fixed under section 5 of this Determination is payable by the applicant carrier at the time the application under section 77 is given to the Australian Communications Authority.
Overview
The Telecommunications (Nominated Carrier Declaration Application Charge) Determination 2004 was enacted by the Australian Communications Authority under section 53 of the Australian Communications Authority Act 1997. This Determination addresses the need to regulate and manage the charges associated with applications for nominated carrier declarations in the telecommunications sector. The Authority was tasked with setting a specific charge to cover the expenses incurred in processing such applications. The primary objective of this Determination is to establish a clear and transparent financial requirement for carriers seeking a nominated carrier declaration, ensuring that the costs associated with the regulatory process are fairly allocated.
Scope and Application
The Telecommunications (Nominated Carrier Declaration Application Charge) Determination 2004 applies to carriers making an application for a nominated carrier declaration under section 77 of the Telecommunications Act 1997. This determination is made under the authority of the Australian Communications Authority Act 1997, and it specifies the charge of $3,300.00 plus GST that must be paid by the carrier at the time of application. The charge covers the expenses incurred by the Australian Communications Authority in relation to the application process. This charge applies nationally across Australia, given the federal nature of the legislation governing telecommunications in the country. The Determination revokes the previous Telecommunications (Nominated Carrier Declaration Application Charge) Determination 2000, ensuring that the most recent charges and regulations are in effect. There are no exclusions, exemptions, or thresholds specified within the text of this Determination, although it may be subject to modifications through subordinate instruments.
Key Provisions
The Telecommunications (Nominated Carrier Declaration Application Charge) Determination 2004 (the "Determination") sets out the charge that applies to carriers seeking a nominated carrier declaration under the Telecommunications Act 1997. The main provision, section 5, fixes the application charge at $3,300.00, inclusive of GST, for any expenses incurred by the Australian Communications Authority in relation to the application. This charge is to be paid by the carrier at the time they submit their application for a nominated carrier declaration to the Australian Communications Authority, as per section 78 of the Telecommunications Act 1997.
The Determination imposes specific obligations on carriers applying for a nominated carrier declaration. Firstly, they must accompany their application with the specified charge, as stipulated in section 5 of the Determination. This charge is to be settled at the time the application is lodged with the Australian Communications Authority. Failure to adhere to these payment requirements can result in delays or non-acceptance of the application.
For breaches of the obligations outlined in the Determination, there are potential consequences. However, the Determination itself does not explicitly state any specific offences, penalties, or civil or criminal consequences for non-compliance. It is likely that any legal consequences would stem from the underlying provisions of the Telecommunications Act 1997 or other relevant legislation, which could include fines or other penalties as prescribed by law. It is advisable for carriers to ensure strict adherence to the payment and submission requirements to avoid any potential legal repercussions.