EXPLANATORY STATEMENT
Telecommunications (Period for Providing Return of Eligible Revenue) Specification 2010
Telecommunications (Consumer Protection and Service Standards) Act 1999
The Telecommunications (Period for Providing Return of Eligible Revenue) Specification 2010 (“the Instrument”) is made by the Australian Communications and Media Authority (“the ACMA”) pursuant to paragraph 20(2)(a) of the Telecommunications (Consumer Protection and Service Standards) Act 1999 (“the Act”).
The Instrument specifies the period for providing a return of eligible revenue as referred to in the Act.
Legislative Provisions
Paragraph 20(2)(a) of the Act provides that a participating person must lodge a return of eligible revenue with the ACMA within the period specified in writing by the ACMA for providing returns.
The Instrument is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
Consultation
On 29 June 2010, the ACMA undertook a Best Practice Regulation Preliminary Assessment and identified that the change would have low business compliance costs, would not give rise to any additional regulatory obligation and the impact on business would be low.
On 14 July 2010, the ACMA commenced a four week public consultation process, including with telecommunications carriers that operate in the Australian telecommunications industry and Communications Alliance (the peak body for the Australian telecommunications industry) and asked for comments on a proposed change to the eligible revenue return submission date. Details of the consultation process were made available on the ACMA website.
The consultation process advised of the proposed change to the date for lodgement of eligible revenue returns with the ACMA, from 28 September (i.e. 90 days) to 31 October (i.e. four months) following the end of the relevant eligible revenue period for the purposes of paragraph 20(2)(a) of the Act. This change will align the reporting date with the Corporations Act 2001 for public companies and large proprietary companies that have, as most do, a financial year ending on 30 June.
The ACMA considered all responses to the consultation process, and based on the positive nature of all responses made an Instrument in accordance with paragraph 20(2)(a) of the Act.
Notes on the Instrument
Section 1 - Name of Specification
This section sets out the name of the Instrument.
Section 2 - Commencement
This section provides that the Instrument commences on the day after it is registered.
Section 3 - Revocation
This section revokes the instrument that is being replaced by the Instrument.
Section 4 - Period for providing return of eligible revenue
This section specifies that four months following the end of the eligible revenue period is the period specified as the period for providing a return of eligible revenue.
Overview
The Telecommunications (Period for Providing Return of Eligible Revenue) Specification 2010 was introduced to address the need for a consistent and efficient reporting period for eligible revenue returns under the Telecommunications (Consumer Protection and Service Standards) Act 1999. Enacted by the Australian Communications and Media Authority (ACMA), the Instrument specifies a four-month period for providing returns of eligible revenue, aligning with the reporting date for large companies under the Corporations Act 2001. This change was intended to reduce compliance costs and administrative burden for telecommunications carriers while ensuring timely and accurate reporting to the ACMA. The Instrument was developed following a consultation process that confirmed the low impact and positive reception of the proposed change among industry stakeholders.
Scope and Application
The Telecommunications (Period for Providing Return of Eligible Revenue) Specification 2010, made by the Australian Communications and Media Authority (ACMA), applies to participating persons as defined under the Telecommunications (Consumer Protection and Service Standards) Act 1999. These participating persons, which are likely to include telecommunications carriers and similar entities, are mandated to submit a return of eligible revenue to the ACMA within the period specified by the Instrument. The geographic reach of this legislation is national, given the ACMA’s role as the regulatory body across Australia. The primary purpose of this Instrument is to specify the timeframe within which eligible revenue returns must be provided, extending the period from 90 days to four months following the end of the relevant eligible revenue period. This change was implemented to align the reporting date with the Corporations Act 2001 for public companies and large proprietary companies, thus reducing compliance costs and simplifying the reporting process for those businesses. The Instrument, being a legislative instrument under the Legislative Instruments Act 2003, extends the application of the primary Act through subordinate legislation, ensuring that the specified period for providing returns is clearly defined and observed.
Key Provisions
The Telecommunications (Period for Providing Return of Eligible Revenue) Specification 2010 specifies the timeframe within which participating persons must lodge a return of eligible revenue with the Australian Communications and Media Authority (ACMA). Under section 4 of the Instrument, the specified period for providing such returns is four months following the end of the relevant eligible revenue period, as outlined in paragraph 20(2)(a) of the Telecommunications (Consumer Protection and Service Standards) Act 1999 (the Act). This change in the Instrument alters the previous period of 90 days, aiming to align the reporting date with the Corporations Act 2001 for public companies and large proprietary companies, which generally have financial years ending on 30 June.
The obligations imposed on the parties governed by this Act include ensuring that the return of eligible revenue is lodged with the ACMA within the specified four-month period. This requirement applies to all participating persons who are mandated to report eligible revenue under the Act. The Instrument is designed to streamline the reporting process and ensure that the ACMA receives the necessary information within a reasonable timeframe, facilitating its oversight and regulatory functions.
The Act does not explicitly outline specific offences, penalties, or consequences for non-compliance with the specified return period. However, it is reasonable to infer that non-compliance with regulatory requirements set out in the Act could lead to enforcement actions by the ACMA. Such actions might include issuing notices, imposing administrative penalties, or taking further legal action to compel compliance. Although the maximum penalties are not explicitly stated in the Instrument, they are typically detailed in the overarching Act or related regulations, where penalties for non-compliance with telecommunications regulations can include fines and other sanctions.