Telecommunications (Numbering Charges) Act 1991

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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

Act	Number and year	Date of Assent	Date of commencement	Application, saving or transitional provisions

Telecommunications (Numbering Fees) Act 1991

90, 1991

26 June 1991

Ss. 1 and 2: Royal Assent
Remainder: 1 July 1991

Telecommunications (Numbering Fees) Amendment Act 1997

54, 1997

24 Apr 1997

22 May 1997

—

Table of Amendments

ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted

Provision affected	How affected
Title ...................	am. No. 54, 1997
S. 1 ....................	am. No. 54, 1997
Ss. 3-7 .................	rs. No. 54, 1997
Ss. 8-11 ................	ad. No. 54, 1997

Overview

The Telecommunications (Numbering Charges) Act 1991, enacted by the Parliament of Australia, was introduced to address the need for a regulatory framework governing the imposition of charges on numbers for public telecommunications services. This Act ensures that carriers and service providers holding numbers for telecommunications services are subject to a charge, while also establishing parameters for the amount and conditions of such charges. The Australian Telecommunications Authority (AUSTEL) is tasked with determining the charge amounts, which must not exceed $100,000. Exemptions apply to geographic numbers used for standard telephone services, with additional exemptions potentially granted by AUSTEL. The Act binds the Crown and extends to eligible territories, thereby providing a uniform regulatory approach across Australia.

Scope and Application

The Telecommunications (Numbering Charges) Act 1991 is an Act of the Commonwealth of Australia designed to impose a charge on numbers used for public telecommunications services. The Act applies to carriers and service providers who hold a number allocated for telecommunications services on a public telecommunications network. This includes entities such as Telstra and Optus, as specified within the Act. The Act extends its jurisdiction across the Commonwealth of Australia, including eligible Territories, and binds the Crown in right of each state, the Australian Capital Territory, the Northern Territory, and Norfolk Island. The Act specifies that the charge imposed on a number held at the commencement of the Telecommunications (Numbering Fees) Amendment Act 1997, or at the beginning of an anniversary of that commencement, is payable by the carrier or service provider holding the number. The amount of this charge is determined by the Australian Telecommunications Authority (AUSTEL) and cannot exceed $100,000. Exemptions from this charge include geographic numbers allocated for providing a standard telephone service to a customer, and AUSTEL may also exempt specified numbers by written determination. The Act allows for its application to be extended through subordinate instruments.

Key Provisions

The Telecommunications (Numbering Charges) Act 1991 (Cth) imposes a charge on certain numbers used for public telecommunications services. Section 7 states that if a carrier or service provider holds a number at the commencement of the Telecommunications (Numbering Fees) Amendment Act 1997 or at the beginning of an anniversary of that commencement, a charge is imposed on the number. Section 8 specifies that the charge is payable by the carrier or service provider who holds the number. The amount of the charge is determined by the Australian Telecommunications Authority (AUSTEL) in accordance with a written determination, as outlined in Section 9. However, the maximum charge that can be imposed on a number held at a particular time is capped at $100,000, as stipulated in Section 10. The Act imposes obligations on carriers and service providers to ensure that they are aware of the imposition of charges and the need to pay them. It mandates that the charge be paid by the entity holding the number, and requires that the amount of the charge be determined by AUSTEL. Additionally, the Act requires carriers and service providers to comply with the maximum charge limit of $100,000. The Act also outlines potential consequences for non-compliance. While the Act does not explicitly state offences or penalties for breach, non-compliance with the Act’s provisions could potentially lead to enforcement actions by AUSTEL or other regulatory bodies. The determinations made by AUSTEL regarding charges and exemptions are disallowable instruments under the Acts Interpretation Act 1901, indicating that there are avenues for review and challenge in case of disputes. Additionally, the Minister may give AUSTEL directions in relation to the performance of its functions and the exercise of its powers, which could result in administrative or legal consequences for non-compliance.

Area of Law: Telecommunications Law
Instrument: Act
Concepts: Definitions & Interpretation; Commencement Provisions; Offence Provisions; Licensing & Registration

Interactions

Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.

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