Telecommunications (Numbering Charges) Act 1991

Telecommunications (Numbering Charges) Act 1991

Act No. 90 of 1991 as amended

Consolidated as in force on 31 July 1997

(includes amendments up to Act No. 54 of 1997)

Prepared by the Office of Legislative Drafting,
Attorney-General’s Department, Canberra

Contents

1 Short title [see Note 1]...........................1

2 Commencement [see Note 1]........................1

3 Act to bind the Crown............................1

4 Extension to eligible Territories......................1

5 Definitions..................................1

6 Holder of a number.............................2

7 Imposition of charge.............................3

8 By whom charge payable..........................4

9 Amount of charge..............................4

10 Maximum charge..............................4

11 Exemption from charge...........................4

An Act to impose a charge on numbers for public telecommunications services

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1  Short title [see Note 1]

This Act may be cited as the Telecommunications (Numbering Charges) Act 1991.

2  Commencement [see Note 1]

 (1) Subject to this section, this Act commences on 1 July 1991.

 (2) Sections 1 and 2 commence on the day on which this Act receives the Royal Assent.

3  Act to bind the Crown

  This Act binds the Crown in right of each of the States, of the Australian Capital Territory, of the Northern Territory and of Norfolk Island.

4  Extension to eligible Territories

  This Act extends to each eligible Territory.

5  Definitions

  In this Act:

AMPS means the Advanced Mobile Phone System.

Note: The Advanced Mobile Phone System does not incorporate digital modulation techniques.

AUSTEL means the Australian Telecommunications Authority.

carrier has the same meaning as in the Telecommunications Act 1991.

charge means charge imposed by this Act.

class licence has the same meaning as in the Telecommunications Act 1991.

eligible service has the same meaning as in the Telecommunications Act 1991.

eligible Territory has the same meaning as in the Telecommunications Act 1991.

national numbering plan has the same meaning as in the Telecommunications Act 1991.

number means a number in respect of telecommunications services to be provided across a public telecommunications network.

Optus means Optus Mobile Pty Ltd.

service provider means a person who provides an eligible service under a class licence.

standard telephone service has the same meaning as in the Telecommunications Act 1991.

public telecommunications network has the same meaning as in Division 2 of Part 11 of the Telecommunications Act 1991.

telecommunications service has the same meaning as in the Telecommunications Act 1991.

Telstra has the same meaning as in the Telstra Corporation Act 1991.

6  Holder of a number

 (1) For the purposes of this Act, if a number is allocated to a particular carrier or service provider under subsection 242(1) of the Telecommunications Act 1991 at a particular time, the carrier or service provider holds the number throughout the period:

 (a) beginning at that time; and

 (b) ending when:

 (i) the number is subsequently recovered by AUSTEL in accordance with the national numbering plan; or

 (ii) the number is subsequently returned to AUSTEL in accordance with the national numbering plan; or

 (iii) in a case where the number is allocated to Telstra—the number is subsequently allocated by Telstra to Optus for use by Optus in connection with the supply of AMPS services;

  whichever first happens.

 (2) For the purposes of this Act, Telstra holds a number at a particular time if no allocation of the number to Telstra is in force at that time and:

 (a) both:

 (i) before that time, Telstra, or any of its predecessors, allocated the number to a customer; and

 (ii) that allocation is in force at that time; or

 (b) at that time, the number is available to be allocated by Telstra to a customer.

 (3) A reference in subsection (2) to a customer does not include a reference to a service provider.

 (4) Subsection (2) applies to an allocation, whether or not the allocation is under section 242 of the Telecommunications Act 1991.

 (5) For the purposes of this Act, if, at a particular time, a number is allocated by Telstra to Optus for use in connection with the supply of AMPS services, Optus holds the number throughout the period:

 (a) beginning at that time; and

 (b) ending when:

 (i) the number is subsequently recovered by AUSTEL in accordance with the national numbering plan; or

 (ii) the number is subsequently returned to AUSTEL in accordance with the national numbering plan; or

 (iii) the number is subsequently returned to Telstra;

  whichever first happens.

 (6) Subsections (2) and (5) have effect in addition to subsection (1).

 (7) For the purposes of subparagraph (1)(b)(iii) and subsection (5), if a number allocated to Telstra under subsection 242(1) of the Telecommunications Act 1991 is subsequently taken by Optus for use in connection with the supply of AMPS services:

 (a) the taking of the number by Optus is to be treated as the allocation of the number by Telstra to Optus for use by Optus in connection with the supply of AMPS services; and

 (b) if Optus subsequently relinquishes the number—the relinquishing of the number is to be treated as the return of the number to Telstra.

 (8) This section applies to an allocation, whether or not the allocation occurs before or after this section commences.

 (9) For the purposes of this section, the renumbering of a number does not affect the continuity of the holding of the number.

7  Imposition of charge

  If a carrier or service provider holds a number:

 (a) at the commencement of the Telecommunications (Numbering Fees) Amendment Act 1997; or

 (b) at the beginning of an anniversary of that commencement;

charge is imposed on the number.

8  By whom charge payable

  Charge imposed on a number is payable by the carrier or service provider who holds the number.

9  Amount of charge

 (1) The amount of charge imposed on a number held at a particular time is the amount ascertained in accordance with a written determination made by AUSTEL.

 (2) A determination under subsection (1) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.

Note: Under section 50 of the Telecommunications Act 1991, the Minister may give AUSTEL directions in relation to the performance of its functions and the exercise of its powers.

10  Maximum charge

  The amount of charge imposed on a number held at a particular time must not exceed $100,000.

11  Exemption from charge

 (1) A number is exempt from charge if the number is a geographic number allocated to a carrier or service provider for the purposes of providing a standard telephone service to a customer.

 (2) AUSTEL may, by written determination, exempt a specified number from charge.

 (3) A determination under subsection (2) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.

Note 1: For specification by class, see subsection 46(2) of the Acts Interpretation Act 1901.

Note 2: Under section 50 of the Telecommunications Act 1991, the Minister may give AUSTEL directions in relation to the performance of its functions and the exercise of its powers.

NOTE

1. The Telecommunications (Numbering Charges) Act 1991 as shown in this reprint comprises Act No. 90, 1991 amended as indicated in the Tables below.

Table of Acts

Table of Amendments