Telecommunications (Numbering Charges) Act 1997 – Subsection 18(2) Determination for the purposes of subsection 18(1) – January 2025

Overview

The Telecommunications (Numbering Charges) Act 1997 was enacted to regulate and address the imposition of charges related to numbering within the telecommunications sector, aiming to ensure fair and reasonable practices. This Act was introduced to fill the gap left by the need for structured and transparent charge impositions on allocated numbers held by carriage service providers, thereby maintaining a balanced telecommunications market. Enacted by the Parliament of Australia, the underlying policy objective of this Act is to protect consumers and ensure that any charges applied are both equitable and clearly communicated. The Australian Communications and Media Authority, as the regulatory body, is empowered to make determinations under the Act to ensure these objectives are met, as evidenced by the recent Determination for 2025, which specifies the date from which charges will apply to allocated numbers. This legislative framework ensures that consumers are not unfairly burdened and that the telecommunications market operates within a fair and regulated environment.

Scope and Application

The Telecommunications (Numbering Charges) Act 1997 applies to all entities that provide carriage services within Australia, including telecommunications companies, internet service providers, and other carriers, imposing specific charges on allocated numbers. The act encompasses a broad range of conduct and transactions related to telecommunications services. Geographically, it operates under the Commonwealth jurisdiction, thereby covering the entirety of Australia. However, the Act does not specify exclusions or exemptions within the provided excerpt, and it is likely that these are detailed in other sections or subordinate instruments of the legislation. This Determination, made by the Australian Communications and Media Authority (ACMA), specifies that for the year 2025, 13 April is designated as the day relevant for the imposition of charges under subsection 18(1) of the Act, indicating the precise timing for the application of these charges. The authority of the ACMA to extend or restrict the application of the Act through subordinate instruments is also implied, ensuring that the legislation can adapt to changing circumstances and technological advancements in the telecommunications sector.

Key Provisions

The Telecommunications (Numbering Charges) Act 1997, as amended and determined by the Australian Communications and Media Authority (ACMA), outlines specific provisions regarding the imposition of charges on certain telecommunications numbers. Under subsection 18(2) of the Act, the ACMA has determined that for the year 2025, 13 April 2025 is the designated day for the purposes of subsection 18(1). This means that any carriage service provider holding an allocated number at the beginning of this specified day will be subject to a charge imposed by Part 3 of the Act. The primary obligation imposed by this Determination is that any carriage service provider who holds an allocated telecommunications number on 13 April 2025 must be prepared to incur the charges stipulated in the Act. This requirement ensures that the providers are aware of their financial obligations under the legislation, thereby maintaining transparency and compliance within the telecommunications industry. These charges are intended to cover the costs associated with managing and maintaining the telecommunications infrastructure and services. Failure to comply with the charges imposed by this Determination can result in significant legal consequences. The Act stipulates that non-compliance can lead to enforcement actions, which may include civil or criminal penalties. The specific penalties are not detailed in the Determination but are generally outlined in the main body of the Act, where they can include fines and other sanctions. It is essential for carriage service providers to adhere to the provisions to avoid potential legal repercussions and maintain their operational license within the Australian telecommunications sector.