TELECOMMUNICATIONS ACT 1997 - SECT 72 Cancellation of carrier licence

TELECOMMUNICATIONS ACT 1997 - SECT 72

Failure to pay annual charge

  (1)   The ACMA may cancel a carrier licence held by a carrier if the carrier fails to pay in full any annual charge on or before the date on which the charge becomes due and payable. For this purpose, annual charge means charge imposed by Part   3 of the Telecommunications (Carrier Licence Charges) Act 1997.

Failure to pay industry levy

  (2A)   The ACMA may cancel a carrier licence held by a carrier if the carrier fails to pay in full any industry levy on or before the date on which the industry levy becomes due and payable.

Note:   Industry levy is defined by section   7 to mean levy imposed by the Telecommunications (Industry Levy) Act 2012 .

Failure to pay funding charge

  (2B)   The ACMA may cancel a carrier licence held by a carrier if the carrier fails to pay in full any funding charge on or before the date on which the funding charge becomes due and payable. For this purpose, funding charge means charge imposed by the Telecommunications (Regional Broadband Scheme) Charge Act 2020 .

Becoming a disqualified body corporate

  (3)   If the holder of a carrier licence becomes a disqualified body corporate (within the meaning of section   58), the ACMA may cancel the licence.

Becoming a disqualified partnership

  (4)   If the holder of a carrier licence becomes a disqualified partnership (within the meaning of section   58), the ACMA may cancel the licence.

Ceasing to be a constitutional corporation, eligible partnership or public body

  (5)   If, at a particular time, the holder of a carrier licence is none of the following:

  (a)   a constitutional corporation;

  (b)   an eligible partnership;

  (c)   a public body;

the licence is taken to have been cancelled at that time.

Submissions relating to proposed cancellation

  (6)   The ACMA must not cancel a carrier licence under subsection   (1), (2), (3) or (4) unless the ACMA has first:

  (a)   given the carrier a written notice:

  (i)   setting out a proposal to cancel the licence; and

  (ii)   inviting the carrier to make a submission to the ACMA on the proposal; and

  (b)   considered any submission that was received within the time limit specified in the notice.

Time limit

  (7)   A time limit specified in the notice under subsection   (6) must run for at least 7 days.

Notification of cancellation

  (8)   If a carrier licence held by a person is cancelled, the ACMA must give written notice of the cancellation to the person.