Telecommunications (Universal Service Levy) Amendment Act 2000

Overview

The Telecommunications (Universal Service Levy) Amendment Act 2000 was enacted by the Parliament of Australia to amend the Telecommunications (Universal Service Levy) Act 1997. This amendment act was introduced to address issues related to the definition and imposition of the Universal Service Levy (USL) within the telecommunications sector. It specifically modifies the definition of participating persons and adjusts the timing and application of the USL to align with changes in other related legislation, such as the Telecommunications (Consumer Protection and Service Standards) Act 1999. The overarching policy objective of these amendments is to ensure that the USL is applied correctly and consistently in light of evolving telecommunications regulations and practices. This Act ensures that the USL continues to effectively support universal service obligations in the telecommunications industry.

Scope and Application

The Telecommunications (Universal Service Levy) Amendment Act 2000 amends the Telecommunications (Universal Service Levy) Act 1997, primarily affecting entities involved in telecommunications services. It applies to participating persons as defined in Part 2 of the Telecommunications (Consumer Protection and Service Standards) Act 1999, which typically includes telecommunications carriers. The act imposes a levy on these entities when they have a levy debit balance for a claim period due to section 20S of the Telecommunications (Consumer Protection and Service Standards) Act 1999. The amendments apply nationally across Australia, impacting telecommunications providers who are required to pay the levy on their debit balances for claim periods following the commencement of this Act. The Act does not alter its application to levy for financial years that ended on or before 30 June 2000, maintaining the previous conditions as if the amendments had not been made. The scope and impact of the amendments are further defined and potentially extended through subordinate instruments issued under the authority of the Act.

Key Provisions

The Telecommunications (Universal Service Levy) Amendment Act 2000 (Act) makes several significant amendments to the Telecommunications (Universal Service Levy) Act 1997. The key operative sections include the substitution of "section 8B" for "section 10" in section 4, the repeal and substitution of the definition of "participating carrier" in section 5, the repeal and substitution of section 6, the substitution of "claim period" for "financial year" in section 7, and the repeal and substitution of section 8. These changes redefine the scope and applicability of the levy imposed on participating persons. Specifically, the amended Act imposes a levy on participating persons who have a levy debit balance for a claim period due to section 20S of the Telecommunications (Consumer Protection and Service Standards) Act 1999. The Act imposes certain obligations and requirements on participating persons, primarily concerning the payment of the Universal Service Levy. As per section 6 of the amended Act, if a participating person has a levy debit balance for a claim period, they are liable to pay the levy imposed on that balance. This requirement ensures that participating persons who incur a levy debit balance are responsible for settling the associated levy, thereby maintaining the financial sustainability of the Universal Service Obligation. The Act also establishes consequences for non-compliance with its provisions. While the specific penalties are not detailed within the text of the Act, it is likely that non-payment of the imposed levy would attract civil or criminal penalties under the broader framework of the Telecommunications (Consumer Protection and Service Standards) Act 1999. Typically, penalties for such breaches could include fines and potential legal action to recover the outstanding amounts. The exact penalties would be governed by the relevant provisions of the overarching Act.