Telecommunications (Universal Service Levy) Amendment Act 1999

Overview

The Telecommunications (Universal Service Levy) Amendment Act 1999, enacted by the Parliament of Australia, amends the Telecommunications (Universal Service Levy) Act 1997 to expand the scope of the universal service levy. This amendment was introduced to address the need for broader coverage of services subject to the levy, ensuring that the financial contributions support a wider range of telecommunications services. The Act ensures that the levy applies to payphones, prescribed carriage services, and digital data services, thus aligning with evolving telecommunications technologies and services. The policy objective of the Act is to maintain the integrity and effectiveness of the universal service levy in funding essential telecommunications infrastructure and services. The amendments also update references within the Act to reflect changes in related legislation, specifically substituting references to the Telecommunications Act 1997 with references to the Telecommunications (Consumer Protection and Service Standards) Act 1999. This ensures consistency and coherence across the legislative framework governing telecommunications services. The Act commenced on 1 July 1999, with specific transitional provisions to ensure the levy continued to apply to financial years ending before this date without disruption.

Scope and Application

The Telecommunications (Universal Service Levy) Amendment Act 1999 amends the Telecommunications (Universal Service Levy) Act 1997 to update the scope of services subject to the Universal Service Levy. This Act applies to entities providing telecommunications services, including payphones, prescribed carriage services, and now digital data services, ensuring that the levy captures a broader range of services within the telecommunications industry. The amendment expands the definition of services covered under the levy to reflect the evolving nature of the telecommunications sector. The Act applies on a national level across Australia and does not explicitly state any exclusions or exemptions beyond the specified amendments. The amendments made by this Act do not affect the application of the Universal Service Levy for financial years that ended before 1 July 1999.

Key Provisions

The Telecommunications (Universal Service Levy) Amendment Act 1999 (the Act) primarily focuses on updating the Telecommunications (Universal Service Levy) Act 1997 to include changes in the definitions and references to other legislative instruments. The key operative sections include modifications to the title and definitions within the Act itself. Section 1 of the Act alters the title to encompass "payphones, prescribed carriage services, and digital data services" instead of just "payphones and prescribed carriage services". Section 4 replaces references to "section 139 of the Telecommunications Act 1997" with "section 10 of the Telecommunications (Consumer Protection and Service Standards) Act 1999", while Section 5 modifies the definition of "participating carrier" by replacing references to "section 146 of the Telecommunications Act 1997" with "section 16 of the Telecommunications (Consumer Protection and Service Standards) Act 1999". Additionally, Section 6 changes references from "section 197 of the Telecommunications Act 1997" to "section 68 of the Telecommunications (Consumer Protection and Service Standards) Act 1999". The Act imposes specific obligations and requirements on entities subject to the Telecommunications (Universal Service Levy) Act 1997. These entities must ensure that their services fall within the newly defined scope of "payphones, prescribed carriage services, and digital data services". They must also comply with the updated references to legislative instruments as specified in the amended sections. This means that any calculations, reporting, or compliance activities related to the Universal Service Levy must now take into account the changes to the relevant sections of other Acts. Breaches of the provisions outlined in the Act can lead to various civil and criminal consequences. Although the Act itself does not detail specific offences or penalties, the broader legislative framework within which it operates provides for potential penalties. For instance, non-compliance with the requirements of the Telecommunications (Universal Service Levy) Act 1997 can result in civil penalties, including fines. The exact penalties would depend on the specific nature of the breach and the provisions of the overarching legislation. In more serious cases, criminal penalties may apply, particularly if the breach is found to be deliberate or involves significant non-compliance. The maximum penalties for such offences would be as prescribed by the relevant sections of the Telecommunications Act 1997 and any other applicable laws.