Telecommunications (Numbering Charges) Amendment Act 2000

Overview

The Telecommunications (Numbering Charges) Amendment Act 2000 (C2004A00643) was enacted by the Parliament of Australia to address gaps and issues in the existing framework governing the charging of telecommunications numbering services, particularly the definition and process of number porting between service providers. This Act amends the Telecommunications (Numbering Charges) Act 1997 to clarify the circumstances under which a number is considered transferred between service providers, including the necessity for a binding written agreement and the notification process to the Australian Communications Authority. By providing a more precise definition of "transferred" and setting out the conditions under which a charge is imposed on an allocated number, the Act aims to streamline the regulatory environment and ensure that charges are applied accurately and fairly, reflecting the true movement of numbers between service providers.

Scope and Application

The Telecommunications (Numbering Charges) Amendment Act 2000 amends the Telecommunications (Numbering Charges) Act 1997 to introduce changes concerning the imposition of charges on telecommunications numbers. This Act applies to carriage service providers, which include telecommunications companies that provide services such as telephony and internet access. It specifies the circumstances under which charges are imposed on telecommunications numbers, particularly focusing on the conditions under which a number is transferred between providers and the implications for charge imposition. The Act's amendments apply to charges imposed on numbers held on specific days, and if the Act receives Royal Assent after 15 February 2000, the amendments apply to charges from the first calendar year beginning after the day of Royal Assent. The Act's geographic reach is national, given its enactment by the Commonwealth of Australia, and it does not specify any exclusions, exemptions, or thresholds within the provided excerpt. Subordinate instruments may extend or restrict the application of this Act as necessary.

Key Provisions

The Telecommunications (Numbering Charges) Amendment Act 2000 (No. 51, 2000) amends the Telecommunications (Numbering Charges) Act 1997. Section 5 of the amended Act provides a revised definition for "transferred," specifying that a number is transferred between two carriage service providers when it is ported from one provider to another, as outlined in section 5A. Section 5A details that a number is transferred when two carriage service providers enter into a binding written agreement that a number is transferred from one provider to the other, and they jointly notify the Australian Communications Authority (ACA) in writing. The transfer becomes effective on the later of the day the notice is given to the ACA or another specified day. Section 17(1)(b)(iii) is also amended to clarify that a number is transferred from one provider to another. Section 18 replaces the previous section with new provisions for the imposition of charges, stipulating that a charge is imposed on a number held by a carriage service provider at the start of a day determined by the ACA before 16 February each year and published in the Gazette before the specified day in April. The amended Act imposes several obligations on the parties involved. The most significant is the requirement for carriage service providers to jointly notify the ACA of any number transfers in writing. This requirement is detailed in section 5A and must be followed for the transfer to be legally recognised. Additionally, section 18 imposes the obligation on the ACA to determine a specific day in April each year before 16 February and to publish this determination in the Gazette before the specified day. This ensures transparency and provides clarity on when charges are imposed on numbers held by carriage service providers. The Act also outlines specific consequences for non-compliance with its provisions. Although the Act does not explicitly detail penalties for failure to comply with the notification requirements or the ACA's obligations, breaches of such provisions could potentially lead to legal challenges or disputes regarding the imposition of charges. Non-compliance with the ACA's determination and publication requirements could result in uncertainty and disputes over when charges are legally applicable. The Act's focus is on establishing clear procedures and obligations rather than detailing specific penalties, leaving room for potential civil or administrative consequences for non-compliance.