Telecommunications (Regional Broadband Scheme Special Account) (Direction for Offset Debit—Administrative cost component) Notifiable Instrument 2023

Overview

The Telecommunications (Regional Broadband Scheme Special Account) (Direction for Offset Debit—Administrative Cost Component) Notifiable Instrument 2023 was enacted to address the need for financial management within the Regional Broadband Scheme (RBS) as stipulated under the Telecommunications (Consumer Protection and Service Standards) Act 1999. This notifiable instrument was issued by Matthew Brine, a delegate of the Secretary of the Department of Infrastructure, Transport, Regional Development, Communications and the Arts, under the authority granted by subsection 92A(1) of the Act. The primary objective of this instrument is to facilitate the transfer of specified administrative costs from the Regional Broadband Scheme Special Account to the general Consolidated Revenue Fund (CRF), ensuring proper fiscal oversight and compliance with the legislative framework governing the RBS. This measure aims to maintain the financial integrity of the scheme while managing the administrative expenses effectively.

Scope and Application

The Telecommunications (Regional Broadband Scheme Special Account) (Direction for Offset Debit—Administrative cost component) Notifiable Instrument 2023 applies to the Regional Broadband Scheme Special Account established under the Telecommunications (Consumer Protection and Service Standards) Act 1999. This instrument is made under the authority of the Secretary of the Department of Infrastructure, Transport, Regional Development, Communications and the Arts, and it is applicable from the day after its creation. The instrument specifically directs that $589,000 be debited from the Regional Broadband Scheme Special Account to the general Consolidated Revenue Fund (CRF) to cover the administrative cost component of the Regional Broadband Scheme charge. This notifiable instrument is intended to facilitate the transfer of funds for specified administrative costs related to the Regional Broadband Scheme, ensuring compliance with the legislative requirements outlined in the Telecommunications Act.

Key Provisions

The Telecommunications (Regional Broadband Scheme Special Account) (Direction for Offset Debit—Administrative cost component) Notifiable Instrument 2023 (sections 1-5) establishes a directive under the Telecommunications (Consumer Protection and Service Standards) Act 1999. This instrument mandates the debit of $589,000 from the Regional Broadband Scheme Special Account, which is subsequently transferred to the general Consolidated Revenue Fund (CRF) to cover the administrative cost component of the Regional Broadband Scheme charge. The instrument is effective from the day after its creation, as stated in section 2, and was made under the authority of subsection 92A(1) of the Act, as noted in section 3. The power to issue such a direction has been delegated to SES Band 2 officers within the Department, as outlined in the Secretary's Delegation Instrument. Entities governed by this Act, particularly those managing the Regional Broadband Scheme Special Account, are obligated to comply with the directive stipulated in section 4. This includes ensuring that the specified amount is debited from the Special Account and transferred to the CRF, as per the statutory requirements. The obligations extend to maintaining accurate records of the transaction and adhering to any further directives issued under the authority of the Act. Breach of the provisions outlined in this notifiable instrument could result in legal consequences. Although specific offences and penalties are not detailed within the text provided, the Act may contain provisions that address non-compliance. Typically, breaches of legislative instruments in Australia can lead to civil penalties, including fines, or criminal penalties, depending on the nature and severity of the breach. The maximum penalties for such offences can vary widely, but they may include substantial fines and potential imprisonment for individuals, as well as financial penalties for corporations. The exact penalties would be defined in the primary legislation, the Telecommunications (Consumer Protection and Service Standards) Act 1999, or in related regulatory instruments.