Telecommunications (Numbering Charges) Act 1997 – Subsection 18(2) Determination for the purposes of subsection 18(1) – January 2026

Overview

The Telecommunications (Numbering Charges) Act 1997 was enacted to regulate the charges associated with telecommunications services in Australia, particularly addressing the economic and administrative burdens of number allocation. The Act was introduced to fill a gap in the regulation of charges levied on telecommunications numbers, aiming to ensure that these charges are fair and reasonable. Enacted by the Parliament of Australia, the policy objective of the Act is to protect consumers and promote fair competition within the telecommunications sector by imposing and regulating these charges. This legislation is pivotal in maintaining a balanced and transparent telecommunications market. The Australian Communications and Media Authority (ACMA) has been delegated the responsibility of determining specific dates for the imposition of these charges, as outlined in the Act, ensuring that the regulatory framework remains effective and responsive to market changes.

Scope and Application

The Telecommunications (Numbering Charges) Act 1997 applies to all carriage service providers in Australia, meaning entities that provide telecommunications services by way of a network or other means, such as internet service providers, mobile network operators, and other similar businesses. The Act imposes a charge on these providers for holding an allocated number on a specific day determined by the Australian Communications and Media Authority (ACMA). The geographic reach of the Act is national, extending across the entire Commonwealth of Australia, and applies to all telecommunications services regardless of state or territory boundaries. The Act does not specify any exclusions or exemptions, and the charge is applied uniformly to all qualifying providers on the designated day. Subordinate instruments may further clarify or extend the application of the Act, providing additional rules or guidelines for compliance and enforcement. This Determination, made by the ACMA under subsection 18(2) of the Act, sets the specific date for 2026, 12 April, for which the charge will be applicable, ensuring clarity and consistency in the implementation of the Act’s provisions.

Key Provisions

The Australian Communications and Media Authority (ACMA) has made a Determination under subsection 18(2) of the Telecommunications (Numbering Charges) Act 1997 (section 1). This Determination specifies the day in 2026 for which the Act's provisions regarding numbering charges will apply. The date set by the ACMA is 12 April 2026, as outlined in section 3 of the Determination. This means that from 12 April 2026, any carriage service provider holding an allocated number will be subject to the charge imposed by Part 3 of the Act. The Act imposes specific obligations on the parties it governs, particularly on carriage service providers. If a provider holds an allocated number on the specified date, they must be prepared to incur the charge as stipulated by Part 3 of the Act (subsection 18(1)). The ACMA's role is to ensure that the provisions of the Act are properly implemented and enforced. Providers must keep accurate records and be ready to comply with the charge as it applies from the determined date. Breaching the provisions of the Act can result in serious consequences. The Act includes provisions for both civil and criminal penalties for non-compliance. Although the specific penalties are not detailed in this Determination, they can include fines and other penalties as prescribed by the Act. It is essential for carriage service providers to understand and comply with the requirements to avoid these penalties. Failure to do so can lead to enforcement actions by the ACMA, which may include legal proceedings and additional financial penalties.