EXPLANATORY STATEMENT
Issued by the authority of the Australian Communications and Media Authority
Telecommunications (Nominated Carrier Declaration Application Charge)
Determination 2006
Australian Communications and Media Authority Act 2005
Purpose
The Telecommunications (Nominated Carrier Declaration Application Charge) Determination 2006 (the Determination) has been made to revoke and replace the Telecommunications (Nominated Carrier Declaration Application Charge) Determination 2004 in order to remove the goods and services tax (GST) from the charges imposed by that determination. These charges have become exempt from GST because of the A New Tax System (Goods and Services Tax) (Exempt Taxes, Fees and Charges) Determination 2006.
The Determination also updates references to the Australian Communications Authority (ACA) with references to the Australian Communications and Media Authority (ACMA). ACMA was established on 1 July 2005, and performs the merged functions of the ACA and the Australian Broadcasting Authority. Legislative references to the replacement act, the Australian Communications and Media Authority Act 2005 (the ACMA Act), have also been updated.
Legislative Provisions
Subsection 60(1) of the ACMA Act provides that ACMA may, by written instrument, make determinations fixing charges.
A determination made under subsection 60(1) of the ACMA Act is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
Background
Section 60 of the ACMA Act obliges ACMA to ensure accurate cost recovery and charging. Consequently, ACMA has adopted a rigorous Activity Based Costing (ABC) methodology to ensure the costings which underpin pricing decisions accurately and equitably attribute costs to the range of outputs which ACMA provides to clients. In ensuring its cost recovery regime is robust, ACMA has employed an external financial consultancy firm in a quality assurance role.
Consultation
There was no consultation on the Determination. The Determination is of a minor or machinery nature and does not substantially alter existing arrangements.
NOTES ON SECTIONS
Section 1- Name of determination
This is the determination title.
Section 2 - Commencement
This section provides for the determination to commence on 1 July 2006.
Section 3 - Revocation
This section states the determination revoked by this determination.
Section 4 - Nominated carrier declaration application charge
This section specifies the amount of the charge for this activity. It also states that the charge is payable at the time of application.