Telecommunications (Numbering Charges) Act 1997 - Determination for the purposes of subsection 18(1)

Overview

The Telecommunications (Numbering Charges) Act 1997 was enacted to address the need for regulating charges associated with telecommunications services in Australia, particularly focusing on the allocation and use of telecommunication numbers. This Act was introduced by the Parliament of Australia to ensure that the imposition of charges for these services was fair and transparent. The problem it aimed to address included the need for a structured approach to billing and the prevention of unfair practices by telecommunications providers. The Act provides a legislative framework for the Australian Communications and Media Authority (ACMA) to manage these aspects effectively. Under this Act, the ACMA has the authority to determine specific dates for the imposition of charges, ensuring that these charges are applied consistently and in accordance with the law. This Determination, made under subsection 18(2) of the Act, sets a particular date for 2017, ensuring clarity and compliance with the legislative requirements.

Scope and Application

The Telecommunications (Numbering Charges) Act 1997 applies to carriage service providers, which include entities that provide telecommunications services such as telephony and internet. The Act imposes charges on these providers for holding an allocated number on a specific day, as determined by the Australian Communications and Media Authority (ACMA) under the Act. The jurisdiction of the Act extends across the Commonwealth of Australia, and it applies to any entity providing a telecommunications service within this scope. The ACMA has the authority to determine the specific day each year when these charges are to be applied, as per the provisions outlined in subsection 18(2) of the Act. The charges are levied under Part 3 of the Act for any allocated number held by a carriage service provider on the designated day. The Determination made by the ACMA in 2017 specified that 2 April 2017 was the day for the purposes of subsection 18(1), and this determination is effective from the date it was made.

Key Provisions

The Telecommunications (Numbering Charges) Act 1997, under subsection 18(2), provides a mechanism for the Australian Communications and Media Authority (ACMA) to determine a specific date that triggers certain charges on telecommunications numbers. Specifically, section 18(1) of the Act states that if a carriage service provider holds an allocated number at the beginning of a day determined by the ACMA under section 18(2), a charge is imposed on that number by Part 3 of the Act. The ACMA has exercised its power under this subsection to determine 2 April 2017 as the relevant day for the purposes of section 18(1). The obligations imposed by the Act on the parties it governs are primarily concerned with the timely payment of charges as determined by the ACMA. Any carriage service provider that holds an allocated number at the start of the specified date must be prepared to pay the charges as stipulated. This involves ensuring that the provider is aware of the date set by the ACMA and has the necessary arrangements in place to account for and remit the charges when they become applicable. In terms of consequences for non-compliance, the Act does not explicitly outline penalties for failing to pay the charges within the stipulated timeframe. However, non-compliance with the Act can lead to enforcement actions by the ACMA, which may include fines or other administrative penalties. The exact nature and severity of these penalties would be governed by the broader regulatory framework within which the ACMA operates. It is important for providers to adhere strictly to the determination to avoid any potential legal or financial repercussions.