TELECOMMUNICATIONS (CARRIER LICENCE FEES) REGULATIONS 1991 NO. 358 TELECOMMUNICATIONS (CARRIER LICENCE FEES) REGULATIONS 1991 NO. 358 - TABLE OF PROVISIONS 1. Citation 2. Interpretation 3. Amount of licence fee 1991 No. 358 TELECOMMUNICATIONS (CARRIER LICENCE FEES) REGULATIONS - REG 1 Citation 1. These Regulations may be cited as the Telecommunications (Carrier Licence Fees) Regulations. (NOTE: These Regulations commence on gazettal: see Acts Interpretation Act 1901, s. 48) 1991 No. 358 TELECOMMUNICATIONS (CARRIER LICENCE FEES) REGULATIONS - REG 2 Interpretation 2. In these Regulations, unless the contrary intention appears: "Act" means the Telecommunications (Carrier Licence Fees) Act 1991; "carrier's traffic share", in relation to the holder of a general telecommunications licence or a public mobile licence, means the figure calculated using the formula: (licensee's timed traffic all carriers' timed traffic); "excluded money", in relation to AUSTEL, means the sum of: (a) the amount of expenditure by AUSTEL in the relevant financial year on public inquiries that: (i) are held under Part 14 of the Telecommunications Act 1991; and (ii) do not relate to the regulation of the activities of a holder of a general telecommunications licence and public mobile licence; and (b) the amount payable to AUSTEL in the relevant financial year from any source, other than: (i) the RFY appropriation; and (ii) fees payable under the Act; and (c) the received fees; "proportional fee", in relation to a person who does not hold a general telecommunications licence or a public mobile licence for the whole of a financial year, means an amount calculated using the formula: $500,000 x number of days for which licence is held; 365 "PY appropriation", in relation to a fee that is payable under the Act in a calendar year, means the total of all amounts appropriated for the purposes of AUSTEL in the financial year that ends on 30 June in the calendar year; "received fees", in relation to AUSTEL, means the sum of the amounts of: (a) $500,000; or (b) if the proportional fee applies-the proportional fee; for each general telecommunications licence and public mobile licence in force at any time during the financial year that ends on 30 June in the calendar year in which a fee is payable under the Act; "relevant financial year", in relation to a fee that is payable under the Act in a calendar year, means the financial year that ends on 30 June of the calendar year immediately before that calendar year; "RFY appropriation", in relation to a fee that is payable under the Act in a calendar year, means the total of all amounts appropriated for the purposes of AUSTEL in the relevant financial year; "timed traffic", in relation to the holder of a general telecommunications licence or a public mobile licence, means the number of minutes of timed traffic of the holder, within the meaning of section 305 of the Telecommunications Act 1991, for the relevant financial year. 1991 No. 358 TELECOMMUNICATIONS (CARRIER LICENCE FEES) REGULATIONS - REG 3 Amount of licence fee 3. (1) Subject to this regulation, for the purposes of section 4 of the Act, the amount of the fee to be paid by the holder of a general telecommunications licence or a public mobile licence, by way of tax in respect of the licence, is the sum of $500,000 (or, if the proportional fee applies, the proportional fee) and: (a) an amount calculated using the formula: (RFY appropriation-excluded moneys) x carrier's traffic share; or (b) if the amount calculated under paragraph (a) is a negative amount-nil. (2) Subject to subregulation (3), if the total of the amounts calculated under subregulation (1) in relation to each holder of a general telecommunications licence or a public mobile licence is greater than the PY appropriation, the amount of the fee to be paid by each holder of a general telecommunications licence and public mobile licence, by way of tax in respect of the licence, is the sum of: (a) $500,000, or, if the proportional fee applies, the proportional fee, and: (b) an amount calculated using the formula: (PY appropriation-received fees) x carrier's traffic share. (3) In spite of subregulations (1) and (2), if, for the purpose of calculating a fee under these Regulations, the amount of the received fees is greater than the amount of the PY appropriation, the amount of the fee to be paid by each holder of a general telecommunications licence or a public mobile licence, by way of tax in respect of the licence, is an amount calculated using the formula: PY appropriation x carrier's traffic share. - NOTES 1991 No. 358*1* TELECOMMUNICATIONS (CARRIER LICENCE FEES) REGULATIONS *1*Notified in the Commonwealth of Australia Gazette on 25 November 1991.