Telecommunications (Numbering Charges) Act 1997 – Subsection 18(2) Determination for the purposes of subsection 18(1) – January 2024

Overview

The Australian Communications and Media Authority (ACMA) has issued a determination under subsection 18(2) of the Telecommunications (Numbering Charges) Act 1997 (the Act), setting 7 April 2024 as the relevant date for the imposition of charges on allocated numbers held by carriage service providers. This Determination is effective from its issuance on 8 January 2024. The enactment of the Telecommunications (Numbering Charges) Act 1997 aimed to address the need for a structured and transparent system of charges associated with telecommunications numbering, ensuring that the costs related to the allocation and maintenance of telecommunications numbers are fairly and consistently applied. This determination is made by the ACMA, a body established by the Australian government, to ensure compliance with the policy objectives outlined in the Act, which include the regulation and management of telecommunications services in a manner that supports fair competition and consumer protection.

Scope and Application

The Telecommunications (Numbering Charges) Act 1997 applies to any person or entity that provides a carriage service in Australia, including telecommunications providers and other service providers that use allocated numbers. The Act governs the imposition of charges for the use of telecommunications numbers and ensures these charges are fair and reasonable. The jurisdiction of the Act extends nationally across Australia, covering both Commonwealth and state-regulated telecommunications services. The Act allows for the Australian Communications and Media Authority (ACMA) to set specific dates for the application of these charges, as illustrated in the 2024 Determination. Notably, this Determination sets out the specific date for when charges will apply to numbers held by carriage service providers. The Act does not explicitly state exclusions or thresholds but permits the ACMA to impose charges under its authority, which can be further detailed through subordinate instruments. This approach allows the ACMA to adapt the application of the Act to changing market conditions and technological advancements in the telecommunications sector.

Key Provisions

The main operative sections of the Determination are concise and straightforward. Under section 1, the Australian Communications and Media Authority (ACMA) asserts its authority to make this Determination under subsection 18(2) of the Telecommunications (Numbering Charges) Act 1997. Section 2 specifies the commencement date of the Determination, which is the date it is made, ensuring immediate effect. Section 3 is particularly significant as it sets the specific date, 7 April 2024, for the purposes of subsection 18(1) of the Act. This date is crucial because it triggers the imposition of a charge on any carriage service provider holding an allocated number at the start of this day, as outlined in Part 3 of the Act. The obligations and requirements imposed by this Determination are primarily directed towards carriage service providers. These providers must ensure that they are aware of the specified date, 7 April 2024, as designated in section 3. If they hold an allocated number at the beginning of this day, they are subject to a charge under the Act. This requirement underscores the necessity for providers to manage their number allocations carefully and be prepared for the financial implications of holding a number on the designated day. Additionally, the ACMA’s role is to enforce and monitor compliance with these provisions, ensuring that the charges are correctly applied and collected. The Determination also outlines potential consequences for non-compliance with the Act’s provisions. Although the Determination itself does not explicitly state offences or penalties, the Act under which it is made, the Telecommunications (Numbering Charges) Act 1997, does provide for such matters. Under the Act, failure to comply with the requirements, such as holding an allocated number on the specified date without incurring the appropriate charge, could lead to enforcement actions. These actions might include fines or other penalties as stipulated in the Act. The maximum penalties would be in line with the general regulatory framework governing telecommunications in Australia, aiming to ensure adherence to the legislative mandates and protect the interests of both providers and consumers.