Telecommunications (Numbering Charges) Amendment Act 2016

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Legislation au C2016A00008 In force Act

Legislation content

Telecommunications (Numbering Charges) Amendment Act 2016

No. 8, 2016

Compilation No. 1

Compilation date:   12 December 2019

Includes amendments up to: Act No. 120, 2019

Registered:    9 January 2020

 

About this compilation

This compilation

This is a compilation of the Telecommunications (Numbering Charges) Amendment Act 2016 that shows the text of the law as amended and in force on 12 December 2019 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.

Selfrepealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

 

 

 

Contents

1 Short title

2 Commencement

3 Schedules

Schedule 1—Amendments

Telecommunications (Numbering Charges) Act 1997

Endnotes

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

 

An Act to amend the Telecommunications (Numbering Charges) Act 1997, and for related purposes

1  Short title

  This Act may be cited as the Telecommunications (Numbering Charges) Amendment Act 2016.

2  Commencement

 (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

 

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1.  The whole of this Act

The later of:

(a) the start of the day after this Act receives the Royal Assent; and

(b) immediately after the commencement of the Communications Legislation Amendment (Deregulation and Other Measures) Act 2019.

However, the provisions do not commence at all if the event mentioned in paragraph (b) does not occur.

12 December 2019

(paragraph (b) applies)

Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.

 (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.

3  Schedules

  Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

Schedule 1Amendments

 

Telecommunications (Numbering Charges) Act 1997

1  Section 5 (definition of allocation)

Repeal the definition, substitute:

allocation, in relation to a number, means the allocation of the number in accordance with:

 (a) an allocation system; or

 (b) the rules and processes published by the numbering scheme manager; or

 (c) if there is no numbering scheme manager—the numbering plan made by the ACMA.

2  Section 5

Insert:

numbering scheme manager has the same meaning as in the Telecommunications Act 1997.

ported, in relation to a number issued to a customer for a carriage service, means that the carriage service provider or the carrier network involved in providing the service, or both, is changed while the customer continues to receive the carriage service using the number.

3  Section 5 (definition of surrendered)

Repeal the definition, substitute:

surrendered, in relation to a number, means surrendered in accordance with:

 (a) the rules and processes published by the numbering scheme manager; or

 (b) if there is no numbering scheme manager—the numbering plan made by the ACMA.

4  Section 5 (definition of transferred)

Omit “meaning”, substitute “meanings”.

5  Section 5 (definition of withdrawn)

Repeal the definition, substitute:

withdrawn, in relation to a number, means withdrawn in accordance with:

 (a) the rules and processes published by the numbering scheme manager; or

 (b) if there is no numbering scheme manager—the numbering plan made by the ACMA.

6  Before subsection 5A(1)

Insert:

 (1A) A number is transferred if it is transferred in accordance with:

 (a) the rules and processes published by the numbering scheme manager; or

 (b) if there is no numbering scheme manager—the numbering plan made by the ACMA.

7  Subsection 5A(2)

After “notice of the transfer”, insert “, and also give the notice to the numbering scheme manager if there is one”.

8  Subsection 17(2)

Omit “in accordance with the numbering plan”.

 

Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.

If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.

Endnote 2—Abbreviation key

 

ad = added or inserted

o = order(s)

am = amended

Ord = Ordinance

amdt = amendment

orig = original

c = clause(s)

par = paragraph(s)/subparagraph(s)

C[x] = Compilation No. x

    /subsubparagraph(s)

Ch = Chapter(s)

pres = present

def = definition(s)

prev = previous

Dict = Dictionary

(prev…) = previously

disallowed = disallowed by Parliament

Pt = Part(s)

Div = Division(s)

r = regulation(s)/rule(s)

ed = editorial change

reloc = relocated

exp = expires/expired or ceases/ceased to have

renum = renumbered

    effect

rep = repealed

F = Federal Register of Legislation

rs = repealed and substituted

gaz = gazette

s = section(s)/subsection(s)

LA = Legislation Act 2003

Sch = Schedule(s)

LIA = Legislative Instruments Act 2003

Sdiv = Subdivision(s)

(md) = misdescribed amendment can be given

SLI = Select Legislative Instrument

    effect

SR = Statutory Rules

(md not incorp) = misdescribed amendment

SubCh = SubChapter(s)

    cannot be given effect

SubPt = Subpart(s)

mod = modified/modification

underlining = whole or part not

No. = Number(s)

    commenced or to be commenced

 

Endnote 3—Legislation history

 

Act

Number and year

Assent

Commencement

Application, saving and transitional provisions

Telecommunications (Numbering Charges) Amendment Act 2016

8, 2016

25 Feb 2016

12 Dec 2019 (s 2(1) item 1)

 

Communications Legislation Amendment (Deregulation and Other Measures) Act 2019

120, 2019

12 Dec 2019

Sch 6 (item 33): 12 Dec 2019 (s 2 (1) item 1)

 

Endnote 4—Amendment history

 

Provision affected

How affected

s 2.....................

am No 120, 2019

 

 

Overview

The Telecommunications (Numbering Charges) Amendment Act 2016 was enacted to amend the Telecommunications (Numbering Charges) Act 1997, addressing specific gaps in the regulatory framework concerning the allocation, portability, and transfer of telecommunications numbers. The Act was passed by the Parliament of Australia and received Royal Assent on 25 February 2016. It was designed to refine and modernise the definitions and processes surrounding telecommunications numbering, ensuring alignment with contemporary practices and regulatory requirements. The policy objective was to provide clearer and more effective guidelines for the management of telecommunications numbers, enhancing the efficiency and transparency of the telecommunications market. The Act came into force on 12 December 2019, contingent upon the commencement of the Communications Legislation Amendment (Deregulation and Other Measures) Act 2019. Its primary focus is on updating and clarifying the definitions related to the allocation, portability, and transfer of telecommunications numbers, ensuring they reflect current industry practices and the roles of various entities, such as the numbering scheme manager and the Australian Communications and Media Authority (ACMA). This legislative amendment aims to streamline processes and reduce ambiguities, ultimately benefiting both service providers and consumers in the telecommunications sector.

Scope and Application

The Telecommunications (Numbering Charges) Amendment Act 2016 amends the Telecommunications (Numbering Charges) Act 1997, which regulates the charges for telecommunications services in Australia. The Amendment Act applies to the definitions and procedures regarding the allocation, transfer, and other related activities of telecommunications numbers. The Act applies to entities and individuals involved in the telecommunications industry, specifically those who manage and utilise telecommunications numbers. The geographic reach of the Act is national, as it pertains to the telecommunications industry across Australia, subject to the overarching telecommunications laws and regulations of the Commonwealth. The Act does not specify exclusions or exemptions explicitly, but the scope of its application is limited to the activities covered under the Telecommunications (Numbering Charges) Act 1997. The application and enforcement of the Act may be further detailed through subordinate instruments or regulations made under the authority of the Act. The commencement of the Act is contingent upon the Communications Legislation Amendment (Deregulation and Other Measures) Act 2019, with the Act coming into effect on 12 December 2019, following the satisfaction of the specified conditions.

Key Provisions

The Telecommunications (Numbering Charges) Amendment Act 2016 amends the Telecommunications (Numbering Charges) Act 1997 to introduce new definitions and provisions regarding the allocation, transfer, and withdrawal of telecommunications numbers. Section 5 of the Act redefines the terms "allocation," "ported," "surrendered," and "transferred" to provide clarity and ensure that these actions adhere to the rules and processes set by the numbering scheme manager or, in the absence of such a manager, the Australian Communications and Media Authority (ACMA). The Act also mandates that any transfer of a number must be reported to the numbering scheme manager, if one exists, as outlined in subsection 5A(2). Entities governed by this Act, primarily telecommunications service providers, are required to comply with the updated definitions and reporting obligations. They must ensure that the allocation, transfer, and withdrawal of telecommunications numbers follow the rules and processes published by the numbering scheme manager or the ACMA. These entities are also required to notify the numbering scheme manager, if one exists, of any number transfers, as stipulated in subsection 5A(2). Failure to comply with the provisions of this Act can result in legal consequences. While the Act does not specify particular offences or penalties, breaches of the amended provisions could potentially lead to enforcement actions by the ACMA or other relevant authorities. The severity of the consequences would depend on the nature and extent of the non-compliance, but could include fines or other sanctions under the broader telecommunications regulatory framework.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.