Telecommunications (Numbering Charges) Act 1997 – Subsection 18(2) Determination for the purposes of subsection 18(1) – 10 January 2023

Overview

The Telecommunications (Numbering Charges) Act 1997 was enacted to regulate and manage the charges associated with telecommunications services in Australia, aiming to address issues related to the allocation and use of telecommunications numbers. The Act was introduced to create a structured framework that ensures fair and efficient allocation of telecommunications numbers, while also providing a mechanism for imposing charges on such numbers. This legislative measure was enacted by the Australian Parliament to maintain order and clarity in the telecommunications sector. The policy objective behind the Act is to ensure that the allocation and use of telecommunications numbers are handled in a way that supports the broader telecommunications infrastructure, while also providing a financial basis for the ongoing management and maintenance of these services.

Scope and Application

The Australian Communications and Media Authority Telecommunications (Numbering Charges) Act 1997 applies to carriage service providers who hold an allocated number as of a specific date determined under the Act. The legislation mandates that the ACMA, under its powers conferred by subsection 18(2) of the Act, sets the specific date for the application of charges under subsection 18(1) for the calendar year in question. In this instance, for 2023, the ACMA has determined that 2 April 2023 will be the day for these purposes, meaning that any carriage service provider holding an allocated number on that date will be subject to the charges outlined in Part 3 of the Act. This Determination is effective from the date it is made, which in this case is 10 January 2023. The Act extends its reach nationally, applying to all entities and persons involved in telecommunications within Australia, subject to the specific date set by the ACMA for the imposition of charges.

Key Provisions

The Telecommunications (Numbering Charges) Act 1997 sets out provisions for the imposition of charges on certain telecommunications services, particularly in relation to numbering. Section 18(2) of the Act allows the Australian Communications and Media Authority (ACMA) to determine a specific day in the year, which becomes the reference point for the imposition of charges on numbering under section 18(1). This particular Determination, made on 10 January 2023, establishes 2 April 2023 as the day for these purposes (subsection 18(2)). This means that if a carriage service provider holds an allocated number on or after 2 April 2023, they will be subject to the charges outlined in Part 3 of the Act. The ACMA's role in this context is to set the specific date each year for when the charges will apply. This ensures that there is a clear and consistent reference point for the imposition of these charges, allowing both service providers and consumers to plan accordingly. The obligation on the ACMA is to make this determination under the authority granted by the Act, and it must do so in a timely manner to ensure that the charges can be applied as intended. Non-compliance with the requirements of the Act, including the failure to pay the charges imposed on numbering as determined by the ACMA, may result in civil or criminal penalties. The Act does not specify the exact nature of these penalties within the Determination itself, but generally, breaches of telecommunications legislation can lead to fines and other legal consequences. The maximum penalties can vary depending on the severity and frequency of the breach, and are detailed in other sections of the Act or in associated regulations. It is essential for carriage service providers to be aware of their obligations under the Act and to ensure that they are holding and using numbers in accordance with the law. Failure to do so can result in financial penalties and legal action, which can have significant repercussions for their business operations. The ACMA is responsible for enforcing the Act and ensuring that all parties comply with its provisions.