Telecommunications Numbering Charges Act 1997 – Determination for the purposes of subsection 18(1) - (04/01/2016)

Overview

The Telecommunications (Numbering Charges) Act 1997 was enacted to regulate and impose charges on numbering within the telecommunications sector, addressing the need for a structured financial framework that ensures the efficient allocation and use of telecommunications numbers. The Act was enacted by the Australian Parliament, aiming to provide clear guidelines and policies on how numbering charges should be applied and managed. The Australian Communications and Media Authority (ACMA) is tasked with determining specific dates under subsection 18(2) of the Act, which then facilitate the imposition of charges on numbers held by carriage service providers at the start of designated days, as outlined in subsection 18(1). This Determination for 2016, made under the authority granted by the Act, sets the operational framework for these charges, ensuring compliance and clarity within the telecommunications industry.

Scope and Application

The Telecommunications (Numbering Charges) Act 1997 applies to any carriage service providers that hold an allocated number on a specified date, which triggers a charge under Part 3 of the Act. The charge applies to entities or individuals providing telecommunications services within Australia, encompassing various industries such as mobile, fixed-line, and internet service providers. This Determination, made under subsection 18(2) of the Act, specifies that for the year 2016, the relevant date for imposing the charge is 3 April 2016. The Act’s reach is national, applying across all states and territories within the Commonwealth of Australia. The Determination is an example of how the Act can extend its application through subordinate instruments, providing flexibility in the imposition of charges as determined by the Australian Communications and Media Authority. This legislation does not explicitly outline exclusions or exemptions, but its application is inherently tied to the specific conditions set out within the Act and any subsequent Determinations.

Key Provisions

The Australian Communications and Media Authority (ACMA) has made a Determination under subsection 18(2) of the Telecommunications (Numbering Charges) Act 1997 (the Act). This Determination sets 3 April 2016 as the day for the purposes of subsection 18(1) of the Act. This means that any carriage service provider holding an allocated number at the beginning of this day will incur a charge imposed by Part 3 of the Act on that number. The obligations imposed by the Act on the parties it governs are primarily centred around the timing and recognition of number allocations. Specifically, subsection 18(1) requires that a charge is levied if a carriage service provider holds an allocated number at the beginning of the day determined by the ACMA. The ACMA's role is to ensure that these provisions are accurately applied, which involves setting the specific date when the charge will be applicable. Any breach of the provisions set out in the Act could result in civil or criminal consequences. Although the specific penalties are not detailed in this Determination, breaches of telecommunications legislation can generally result in fines or other legal actions. The exact penalties would depend on the nature and severity of the breach, but the Act does provide for significant enforcement measures to ensure compliance. In summary, the main operative sections of this Determination set a specific date for the imposition of charges on allocated numbers held by carriage service providers, with subsection 18(1) of the Act dictating the application of these charges. The obligations on the parties governed by the Act are straightforward: if a number is held at the beginning of the specified day, a charge is to be applied. The potential for civil or criminal consequences underscores the importance of adhering to these provisions.