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

Overview

The Telecommunications (Numbering Charges) Act 1997, enacted by the Australian Parliament, was introduced to address the need for a structured and regulated approach to the imposition of charges related to telecommunications numbering services. The Act provides a framework for the regulation of charges levied on telecommunications services, ensuring that such charges are reasonable and do not unfairly burden consumers or service providers. The policy objective of the Act is to maintain a balanced and efficient telecommunications market while protecting the interests of consumers. The Australian Communications and Media Authority (ACMA), as the regulatory body under the Act, has the authority to determine specific dates for the imposition of these charges to ensure they are applied consistently and transparently. This Determination by the ACMA, published in the Gazette on 11 January 2021, specifies 11 April 2021 as the date for the application of numbering charges for the year 2021, aligning with the provisions of subsection 18(1) of the Act.

Scope and Application

The Telecommunications (Numbering Charges) Act 1997 applies to all carriage service providers, encompassing telecommunications companies and entities that provide services involving the use of telecommunications networks. This legislation is applicable on a national level across Australia, ensuring consistent regulation and oversight of numbering charges throughout the Commonwealth, states, and territories. The Act imposes charges on these providers for holding allocated numbers at the beginning of a specified day, as determined by the Australian Communications and Media Authority (ACMA) under subsection 18(2). The ACMA, as the regulatory body, has the authority to make determinations regarding the specific dates on which these charges apply, with the most recent determination setting 11 April 2021 as the applicable date for 2021 under subsection 18(1). This legislative framework is designed to ensure the fair and efficient management of telecommunications resources, with the ACMA's authority extending to establishing the timing for the imposition of these charges through subordinate instruments.

Key Provisions

The main operative sections of the Determination revolve around the specific date set for imposing charges on allocated numbers under the Telecommunications (Numbering Charges) Act 1997. Section 3 of the Determination establishes 11 April 2021 as the critical date for determining when charges apply to carriage service providers who hold allocated numbers (subsection 18(1)). This date is pivotal as it triggers the imposition of charges on such numbers as per Part 3 of the Act. The Act imposes several obligations and requirements on the parties it governs. Firstly, it requires carriage service providers to ensure they are aware of the date specified in the Determination (11 April 2021). Providers must maintain their records and operations to accurately reflect whether they held an allocated number on this date, as this will determine whether they are subject to the charges outlined in Part 3 of the Act. Furthermore, the ACMA’s role as the governing body mandates that it must formally determine and announce the date in question, ensuring transparency and compliance across the telecommunications sector. In terms of legal consequences, breaches of the provisions set forth in the Act may lead to various penalties and consequences. Although the Determination itself does not specify the exact nature of these consequences, the Act generally includes provisions for both civil and criminal penalties for non-compliance. For civil penalties, the Act may allow for fines that are commensurate with the breach’s severity. In more serious cases, particularly those involving wilful or negligent behaviour, the Act may also provide for criminal penalties, including imprisonment. However, the specific maximum penalties would need to be referred to in the broader sections of the Telecommunications (Numbering Charges) Act 1997.