Telecommunications (Numbering Charges) Act 1997 – Census Date Determination 2018

Overview

The Telecommunications (Numbering Charges) Act 1997 was enacted to regulate the imposition of charges for telecommunications services, including mobile and fixed-line telephone services, in Australia. This legislation was introduced to address the need for a structured approach to the allocation and charging of telecommunications numbers, ensuring that such charges are fair, reasonable, and transparent. The Act was enacted by the Parliament of Australia, with the policy objective of maintaining a competitive telecommunications market while ensuring consumers are not unfairly burdened by charges. The Australian Communications and Media Authority (ACMA), as the body responsible for enforcing this Act, plays a crucial role in determining specific charges and the dates on which they apply. In this context, the ACMA has the authority to set the date by which a carriage service provider must hold an allocated number for a charge to be imposed, as per the provisions of the Act. This ensures that the telecommunications industry operates within a clear regulatory framework designed to protect consumer interests and promote competition.

Scope and Application

The Telecommunications (Numbering Charges) Act 1997 applies to carriage service providers, specifically those holding allocated numbers on the designated day determined by the Australian Communications and Media Authority (ACMA) under subsection 18(2) of the Act. This legislation pertains to the imposition of charges on these numbers, as stipulated in Part 3 of the Act. The Act has a national reach, operating within the Commonwealth of Australia. It sets out specific obligations and financial implications for providers that hold allocated numbers on the day determined by the ACMA. Notably, this Act does not specify exclusions, exemptions, or thresholds within the Determination itself, but rather these aspects are addressed through subordinate instruments or other relevant provisions of the Act. The ACMA, as the regulatory authority, extends or restricts the application of the Act through such subordinate instruments, ensuring that the regulatory framework remains responsive to the needs of the telecommunications industry and its consumers.

Key Provisions

The Australian Communications and Media Authority (ACMA) has issued a Determination under subsection 18(2) of the Telecommunications (Numbering Charges) Act 1997 (the Act), which specifies a particular date for the imposition of charges on numbering services as outlined in subsection 18(1). According to this Determination (paragraph 3), for the year 2018, the ACMA has identified 8 April 2018 as the critical date. This means that if a carriage service provider holds an allocated number at the beginning of this specified day, the charge will be imposed as per Part 3 of the Act. The Act imposes certain obligations on the parties it governs, primarily focusing on the allocation and usage of telecommunications numbers. It ensures that any charges related to the usage of these numbers are accurately assessed and applied based on the provisions set forth in the Act. The Act mandates that if a provider retains an allocated number at the start of the determined day, it must comply with the financial requirements set out, which include the imposition of charges as specified. Failure to comply with the provisions of the Act can lead to several consequences. While the text does not explicitly state offences or penalties, it is reasonable to infer that non-compliance could result in legal repercussions. Given the nature of the Act, breaches may lead to civil or criminal penalties, although the specific penalties are not detailed in the provided text. In general, under Australian law, breaches of telecommunications regulations could result in fines or other legal actions, depending on the severity and intent behind the non-compliance. It is advisable for providers to adhere strictly to the Act's provisions to avoid any potential legal issues.