1996 The Parliament of the Commonwealth of Australia HOUSE OF REPRESENTATIVES Presented and read a first time Telecommunications (Numbering Charges) Bill 1996 No. , 1996 (Communications and the Arts) A Bill for an Act to impose charges in relation to numbers allocated to certain carriage service providers under the Telecommunications Act 1996 9617320--1,025/13.11.1996--(173/96) Cat. No. 96 5474 7 ISBN 0644 482796 Contents A Bill for an Act to impose charges in relation to numbers allocated to certain carriage service providers under the Telecommunications Act 1996 The Parliament of Australia enacts: Part 1--Introduction 1 Short title This Act may be cited as the Telecommunications (Numbering Charges) Act 1996. 2 Commencement (1) Parts 1 and 4 commence on the day on which this Act receives the Royal Assent. (2) Parts 2 and 3 commence on 1 July 1997. 3 Act to bind Crown 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. 4 Extension to eligible Territories This Act extends to each eligible Territory. 5 Interpretation In this Act: ACA means the Australian Communications Authority. allocation, in relation to a number, means the allocation of the number under the authority of the numbering plan. allocation system means a system determined under section 447 of the Telecommunications Act 1996. carriage service provider has the same meaning as in the Telecommunications Act 1996. eligible Territory has the same meaning as in the Telecommunications Act 1996. number has the same meaning as in Division 2 of Part 22 of the Telecommunications Act 1996. numbering plan has the same meaning as in the Telecommunications Act 1996. surrendered, in relation to a number, means surrendered in accordance with the numbering plan. transferred, in relation to a number, means transferred between carriage service providers in accordance with the numbering plan. withdrawn, in relation to a number, means withdrawn in accordance with the numbering plan. Part 2--Allocation charges Division 1--Allocation in accordance with an allocation system 6 Definition of charge In this Division: charge means charge imposed by this Division. 7 Imposition of charge If a number is allocated to a carriage service provider in accordance with an allocation system, charge is imposed on the allocation of the number to the provider. 8 By whom charge payable Charge imposed on the allocation of a number to a carriage service provider is payable by the provider. 9 Amount of charge The amount of charge imposed on the allocation of a number is equal to the amount that is the eligible amount in relation to the allocation of the number for the purposes of section 447 of the Telecommunications Act 1996. Division 2--Allocation otherwise than in accordance with an allocation system 10 Definition of charge In this Division: charge means charge imposed by this Division. 11 Imposition of charge If a number is allocated to a carriage service provider otherwise than in accordance with an allocation system, charge is imposed on the allocation of the number to the provider. 12 By whom charge payable Charge imposed on the allocation of a number to a carriage service provider is payable by the provider. 13 Amount of charge (1) The amount of charge imposed on the allocation of a number 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. 14 Maximum charge The amount of charge imposed on the allocation of a number must not exceed $100,000. 15 Exemption from charge (1) The ACA may, by written determination, exempt a specified number from charge. Note: For specification by class, see subsection 46(2) of the Acts Interpretation Act 1901. (2) A determination under subsection (1) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901. Part 3--Annual charge 16 Definition of charge In this Part: charge means charge imposed by this Part. 17 Holder of a number (1) For the purposes of this Part, if a number is allocated or transferred to a carriage service provider at a particular time, the provider holds the number throughout the period: (a) beginning at that time; and (b) ending when: (i) the number is subsequently withdrawn; or (ii) the number is subsequently surrendered; or (iii) the number is subsequently transferred; whichever first happens. (2) For the purposes of this section, the renumbering of a number in accordance with the numbering plan does not affect the continuity of the holding of the number. 18 Imposition of charge (1) If: (a) a carriage service provider holds an allocated number at the beginning of a relevant anniversary; and (b) the relevant anniversary occurs after 1 July 1997; charge is imposed on the number. (2) For the purposes of subsection (1), a relevant anniversary is an anniversary of the commencement of the Telecommunications (Numbering Fees) Amendment Act 1996. 19 By whom charge payable Charge imposed on a number is payable by the carriage service provider who holds the number. 20 Amount of charge (1) The amount of charge imposed on a number held at a particular time 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. 21 Maximum charge The amount of charge imposed on a number held at a particular time must not exceed $100,000. 22 Exemption from charge (1) The ACA may, by written determination, exempt a specified number from charge. (2) A determination under subsection (1) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901. Note: For specification by class, see subsection 46(2) of the Acts Interpretation Act 1901. Part 4--Transitional 23 Exercise of powers by AUSTEL before 1 July 1997--Division 2 of Part 2 (1) This section applies if: (a) an eligible provision confers, or will confer, a power on the ACA; and (b) assuming that Part 3 of Australian Communications Authority Act 1996 had commenced at the commencement of this section, section 4 of the Acts Interpretation Act 1901 would have authorised the ACA to: (i) exercise that power; or (ii) do a particular thing in relation to the exercise of that power; before 1 July 1997. (2) Section 4 of the Acts Interpretation Act 1901 is taken to authorise AUSTEL to exercise that power, or do that thing, before 1 July 1997 as if a reference in that eligible provision to the ACA were a reference to AUSTEL. (3) Anything done by AUSTEL in accordance with this section before 1 July 1997 has effect, on and after 1 July 1997, as if it had been done by the ACA. (4) In this section: AUSTEL means the Australian Telecommunications Authority. eligible provision means a provision of Division 2 of Part 2.