Commonwealth of Australia Bills Commonwealth of Australia Bills[Index] [Search] [Download] [Related Items] [Help]
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
(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:
This Act may be cited as the Telecommunications (Numbering Charges)
Act 1996.
(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.
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.
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withdrawn, in relation to a number, means withdrawn in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.
In this Division:
charge means charge imposed by this Division.
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.
Charge imposed on the allocation of a number to a carriage service
provider is payable by the provider.
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.
In this Division:
charge means charge imposed by this Division.
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.
Charge imposed on the allocation of a number to a carriage service
provider is payable by the provider.
(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.
The amount of charge imposed on the allocation of a number must
not exceed $100,000.
(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.
In this Part:
charge means charge imposed by this Part.
(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.
(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.
Charge imposed on a number is payable by the carriage service provider
who holds the number.
(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.
The amount of charge imposed on a number held at a particular time must
not exceed $100,000.
(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.
(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.