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

Overview

The Telecommunications (Numbering Charges) Act 1997 was enacted to establish a framework for the imposition of charges on telecommunications services, addressing the need for a structured approach to managing and regulating such charges. This Act is significant in ensuring that there is a fair and transparent system for levying charges on telecommunications services, thereby protecting consumers and ensuring the viability of service providers. The Act was passed by the Parliament of Australia and aims to provide clarity and consistency in the application of charges related to telecommunications services. The Authority makes determinations under the Act to specify particular dates when charges will apply, ensuring that all stakeholders are aware of and can prepare for these financial obligations.

Scope and Application

The Telecommunications (Numbering Charges) Act 1997 applies to carriage service providers in Australia, which includes telecommunications companies and other entities that provide services such as voice, data, and internet connectivity. The Act imposes charges on these providers for the use of allocated numbers, with the specifics of these charges determined by the Australian Communications and Media Authority (ACMA) through the process outlined in the Act. The ACMA's authority to set these charges is exercised under subsection 18(2) of the Act, with the date for imposing charges on allocated numbers specified in a Determination made by the ACMA. This particular Determination sets 7 April 2019 as the day for imposing charges under subsection 18(1) of the Act. The Act's jurisdiction is national, applying across all states and territories in Australia, and it does not include specific exclusions or exemptions, meaning that all applicable providers are subject to the charges unless otherwise specified in subordinate instruments.

Key Provisions

The Australian Communications and Media Authority (ACMA) has issued a determination under the Telecommunications (Numbering Charges) Act 1997. Specifically, subsection 18(2) of the Act allows the ACMA to set a particular day for the purposes of subsection 18(1), which pertains to the imposition of charges on allocated numbers held by carriage service providers. In this instance, the ACMA has determined that 7 April 2019 is the day to be used under subsection 18(1) (subsection 18(2), Determination). This means that any carriage service provider holding an allocated number on 7 April 2019 will be subject to a charge as stipulated in Part 3 of the Act. The Act imposes certain obligations on the parties it governs. Primarily, it requires that carriage service providers ensure they are aware of the specific day set by the ACMA, in this case, 7 April 2019, and be prepared to comply with any charges that may apply to their allocated numbers on that date. This includes maintaining accurate records of their number holdings and being ready to remit any applicable charges as prescribed by the Act. Additionally, the ACMA must ensure that its determination is clear and communicated effectively to all relevant parties to avoid any confusion or non-compliance. Breach of the obligations under the Telecommunications (Numbering Charges) Act 1997 can result in various consequences. If a carriage service provider fails to comply with the charge requirements, they may face civil penalties. The Act does not explicitly state the maximum civil penalty, but it generally includes fines that can be substantial enough to ensure compliance. Additionally, persistent or severe breaches might lead to criminal charges, which could result in fines and imprisonment. The exact penalties would be determined based on the severity and frequency of the breach, as well as any mitigating or aggravating factors present in the case.