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Telecommunications (Recovery of ITU Budget Contribution) Determination 2007

Telecommunications (Recovery of ITU Budget Contribution) Determination 2007

Administered by Department of Communications and the Arts

Legislation au F2007L01539 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

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

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; and

e) the amount determined by the Minister, by written instrument, to be the proportion of the Commonwealth's costs for the immediately preceding financial year that is attributable to the administration of Part 2 of Schedule 1 to the Telecommunications Act 1997. Although paragraph 15(1)(e) of the Act was repealed under Telecommunications Legislation Amendment (Competition Consumer Interests) Act 2005, the operation of transitional provisions in the Telecommunications (Carrier Licence Charges) Act 1997 provides a statutory power for the Minister for Communications, Information Technology and the Arts to make a determination.

The accompanying Determination has been made for the purposes of paragraph 15(1)(c) of the Act. The Determination provides that $1,643,383 is the amount determined to be the proportion of the Commonwealth's contribution to the budget of the International Telecommunication Union (ITU) for 2006 associated with telecommunications. The amount is calculated by apportioning the Commonwealth’s total ITU contribution between the ITU’s Radiocommunication Sector and Telecommunication Standardisation Sector on the basis of the total ITU budget for both sectors.

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 May 2007 the Office of Best Practice Regulation advised that a Regulation Impact Statement was not required for this determination (exemption number 9141), as the changes were minor and machinery in nature, and did not substantially alter existing arrangements.

On 27 April 2007 the Department of Communications, Information Technology and the Arts provided the figures for the Commonwealth’s 2006 contribution to the budget of the International Telecommunication Union.

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 – Definitions

This section provides the key definitions used within the determination.

Section 4 – Amount determined

This section sets out the amount determined under the determination.

Overview

The Telecommunications (Recovery of ITU Budget Contribution) Determination 2007 was made under the authority of the Australian Communications and Media Authority (ACMA) in accordance with the Telecommunications (Carrier Licence Charges) Act 1997. This legislation was enacted to regulate the imposition of carrier licence charges on telecommunications carriers, ensuring that these charges are used for specified purposes related to the administration and oversight of telecommunications. The determination addresses the need to recover the Commonwealth's contribution to the budget of the International Telecommunication Union (ITU) from telecommunications carriers. By specifying the amount to be recovered, the determination ensures that the financial burden associated with international telecommunications governance is appropriately shared among the relevant industry participants. The Determination was registered on the Federal Register of Legislative Instruments and commenced the day after its registration, providing a clear and legally binding method for calculating the ITU budget contribution to be recovered from carriers.

Scope and Application

The Telecommunications (Carrier Licence Charges) Act 1997 governs the method of calculating annual charges for carrier licences held by telecommunications carriers. The Act applies to telecommunications carriers who hold a carrier licence at the beginning of a financial year. The determination applies to the Commonwealth's contribution to the budget of the International Telecommunication Union (ITU) for the calendar year in which the beginning of the financial year occurs. The Act has a national jurisdictional reach as it is a Commonwealth Act. The Act extends its application through subordinate instruments, such as the Telecommunications (Recovery of ITU Budget Contribution) Determination 2007, which provides for the amount determined to be the proportion of the Commonwealth's contribution to the budget of the ITU for 2006 associated with telecommunications. The Act does not specify any exclusions, exemptions, or thresholds. The Act was amended by the Telecommunications Legislation Amendment (Competition Consumer Interests) Act 2005, which repealed paragraph 15(1)(e) of the Act. However, the operation of transitional provisions in the Telecommunications (Carrier Licence Charges) Act 1997 provides a statutory power for the Minister for Communications, Information Technology and the Arts to make a determination.

Key Provisions

The Telecommunications (Recovery of ITU Budget Contribution) Determination 2007 (subsection 15(1)(c) of the Telecommunications (Carrier Licence Charges) Act 1997) outlines the specific amount to be recovered from telecommunications carriers for the Commonwealth's contribution to the budget of the International Telecommunication Union (ITU). According to the Determination, the amount to be recovered for the calendar year 2006 is $1,643,383. This amount is calculated by apportioning the Commonwealth’s total ITU contribution between the ITU’s Radiocommunication Sector and Telecommunication Standardisation Sector based on the total ITU budget for both sectors. The Act imposes obligations on telecommunications carriers holding a licence on the first day of the financial year. These carriers must include the determined ITU budget contribution in their carrier licence charges for the financial year. The total charges imposed on carrier licences must not exceed the sum of several components, including the ACMA’s and ACCC’s costs attributable to telecommunications functions and powers, the Commonwealth’s ITU contribution, and the estimated grants under section 593 of the Telecommunications Act 1997. Failure to comply with the requirements of the Determination can lead to various consequences. While the Act does not explicitly outline penalties for non-compliance, breaches of the carrier licence charge provisions could result in civil or administrative actions. Non-compliance with telecommunications regulations can also lead to penalties under the Telecommunications Act 1997, which may include fines or other sanctions. The exact penalties would depend on the specific nature and severity of the breach.

Area of Law: Telecommunications Law
Instrument: Determination
Concepts: Definitions & Interpretation; Commencement Provisions; Regulatory Standards

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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.

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