EXPLANATORY STATEMENT

Telecommunications (Recovery of amounts paid under section 136C of the Telecommunications Act 1997) Determination 2009

Telecommunications (Carrier Licence Charges) Act 1997

This instrument is issued by the authority of the Australian Communications and Media Authority (‘ACMA’).

Legislative Provisions

The Telecommunications (Carrier Licence Charges) Act 1997 (the Act) sets out the method of calculating annual charges that apply to the carrier licences held by the telecommunications carriers.  Subsection 15(1) of the Act states that the total of charges that are imposed on carrier licences in force at the beginning of a financial year must not exceed the sum of:

a)   the amount determined, by a written instrument made by the ACMA, to be the proportion of the ACMA's costs for the immediately preceding financial year that is attributable to the ACMA's telecommunications functions and powers; and

b)   the amount determined, by a written instrument made by the Australian Competition and Consumer Commission  (ACCC), to be the proportion of the ACCC's costs for the immediately preceding financial year that is attributable to the ACCC's telecommunications functions and powers; and

c)   the amount determined, by a written instrument made by the ACMA, to be the proportion of the Commonwealth’s contribution to the budget of the International Telecommunication Union for the calendar year in which the beginning of the financial year occurs that is to be recovered from carriers; and

ca) the amount determined, by a written instrument made by the ACMA, to be the sum of the amounts paid under section 136C of the Telecommunications Act 1997 during the immediately preceding financial year; and

d)     the amount determined, in a written instrument made by the Minister, to be the estimated total amount of grants likely to be made during the financial year under section 593 of the Telecommunications Act 1997.

The accompanying Determination has been made for the purposes of paragraph 15(1)(ca) of the Act. The Determination provides that $280,640 is the amount determined to be sum of the amounts paid under section 136C of the Telecommunications Act 1997 during the immediately preceding financial year.  The total amount is the sum of all amounts paid by ACMA pursuant to subsection 136C(3) of the Telecommunications Act 1997.

For the purposes of the Legislative Instruments Act 2003, a Determination is considered as a legislative instrument. The accompanying Determination must therefore be registered on the Federal Register of Legislative Instruments (FRLI).

Consultation

On application for a licence, carriers are advised that this determination is relevant to the calculation and imposition of a carrier licence charge, to recover costs for a financial year if they hold a licence on the first day of the financial year.

On 15 April 2009 the Office of Best Practice Regulation advised that a Regulation Impact Statement was not required for this determination (exemption number ID 10261), as the changes were minor and machinery in nature, and did not substantially alter existing arrangements.

On 25 February 2008, ACMA gave a written notice of entitlement to reimbursement of refundable costs under subsection 136C of the Telecommunications Act 1997 to Communications Alliance Limited, in relation to the development of the Telecommunications Consumer Protections Code (a related declaration was made pursuant to section 136B of that Act on 12 October 2006).   Payment was made by ACMA pursuant to subsection 136C(3) on 13 March 2008.

Attachment 1

Notes on the Instrument

Section 1 – Name of Determination

This section sets out the name of the determination.

Section 2 – Commencement

This section provides for the commencement of the determination; which is the day after it is registered on the FRLI.

Section 3 – Amount determined

This section sets out the amount determined under the determination.