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This is a Bill, not an Act. For current law, see the Acts databases.
1996
The Parliament of
the
Commonwealth of
Australia
HOUSE OF
REPRESENTATIVES
Presented and read a first
time
Telecommunications
(Carrier Licence Charges) Bill 1996
No.
, 1996
(Communications and the
Arts)
A Bill for an Act to impose charges
in relation to carrier licences under the Telecommunications Act
1996
9617420—1,025/13.11.1996—(174/96) Cat. No.
96 5475 5 ISBN 0644 482788
Contents
A Bill for an Act to impose charges in relation to
carrier licences under the Telecommunications Act
1996
The Parliament of Australia enacts:
This Act may be cited as the Telecommunications (Carrier Licence
Charges) Act 1996.
(1) Subject to this section, this Act commences on the day on which it
receives the Royal Assent.
(2) If the day on which this Act receives the Royal Assent is a later day
than 5 June 1997, this Act is taken to have commenced on 5 June
1997.
This Act binds the Crown in right of each of the States, of the
Australian Capital Territory, of the Northern Territory and of Norfolk
Island.
This Act extends to each eligible Territory.
In this Act:
ACA means the Australian Communications Authority.
ACCC means the Australian Competition and Consumer
Commission.
carrier has the same meaning as in the Telecommunications
Act 1996.
carrier licence has the same meaning as in the
Telecommunications Act 1996.
eligible Territory has the same meaning as in the
Telecommunications Act 1996.
In this Part:
charge means charge imposed by this Part.
Charge is imposed on an application for a carrier licence.
Charge imposed on an application for a carrier licence is payable by the
applicant.
(1) The amount of charge imposed on an application for a carrier licence
is the amount ascertained in accordance with a written determination made by the
ACA.
(2) A determination under subsection (1) is a disallowable instrument for
the purposes of section 46A of the Acts Interpretation Act
1901.
The amount of charge imposed on an application for a carrier
licence must not exceed $100,000.
In this Part:
charge means charge imposed by this Part.
Charge is imposed on a carrier licence that is in force at the beginning
of a financial year, where the financial year begins on or after 1 July
1998.
Charge imposed on a carrier licence is payable by the holder of the
licence.
(1) The amount of charge imposed on a carrier licence is the amount
ascertained in accordance with a written determination made by the
ACA.
(2) A determination under subsection (1) is a disallowable instrument for
the purposes of section 46A of the Acts Interpretation Act
1901.
(1) The total of the 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 ACA, to be
the proportion of the ACA’s costs for the immediately preceding financial
year that is attributable to the ACA’s telecommunications functions and
powers; and
(b) the amount determined, by a written instrument made by the 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 ACA, 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.
(2) An instrument under subsection (1) must be notified in the Gazette
before the day on which the charges referred to in subsection (1) become due
for payment.
(3) An instrument under subsection (1) is a disallowable instrument for
the purposes of section 46A of the Acts Interpretation Act
1901.
(4) In this section:
ACA’s telecommunications functions has the same meaning
as in the Australian Communications Authority Act 1996.
ACA’s telecommunications powers has the same meaning as
in the Telecommunications Act 1996.
ACCC’s telecommunications functions and powers has the
same meaning as in the Telecommunications Act 1996.
cost:
(a) in relation to the ACA, means an amount that, in accordance with
accrual-based accounting principles, is treated as a cost of the ACA;
and
(b) in relation to the ACCC, means an amount that, in accordance with
accrual-based accounting principles, is treated as a cost of the
ACCC.
(1) Before 1 July 1997, Part 2 has effect as if a reference in that Part
to the ACA were a reference to AUSTEL.
(2) Anything done by AUSTEL under Part 2 before 1 July 1997 has
effect, on and after 1 July 1997, as if it had been done by the ACA.
(3) In this section:
AUSTEL means the Australian Telecommunications
Authority.