Commonwealth Numbered Acts

TELECOMMUNICATIONS ACT 1997 No. 47 of 1997 - SECT 73

Definitions

(1) In this section:
annual charge means charge imposed by Part 3 of the
Telecommunications (Carrier Licence Charges) Act 1997.
application charge means charge imposed by Part 2 of the
Telecommunications (Carrier Licence Charges) Act 1997.
late payment penalty means an amount that is payable by way of penalty in
accordance with a determination under subsection (4).

When application charge due and payable

(2) Application charge imposed on an application for a carrier licence is due
and payable when the application is made.

When annual charge due and payable

(3) Annual charge is due and payable at the time ascertained in accordance
with a written determination made by the ACA.

Late payment penalty

(4) The ACA may, by written instrument, determine that, if any annual charge
payable by a person remains unpaid after the time when it became due for
payment, the person is liable to pay to the Commonwealth, by way of penalty,
an amount calculated at the rate of:

   (a)  20% per annum; or

   (b)  if the determination specifies a lower percentage-that lower
        percentage per annum; on the amount unpaid, computed from that time.

Determination has effect

(5) A determination under subsection (4) has effect accordingly.

Remission of penalty

(6) A determination under subsection (4) may authorise the ACA to make
decisions about the remission of the whole or a part of an amount of late
payment penalty.

Payment of charge and late payment penalty

(7) Annual charge, application charge and late payment penalty are payable to
the ACA on behalf of the Commonwealth.

Recovery of charge and penalty

(8) Annual charge, application charge and late payment penalty may be
recovered by the ACA, on behalf of the Commonwealth, as debts due to the
Commonwealth.

Payment into Consolidated Revenue Fund

(9) Amounts received by way of annual charge, application charge or late
payment penalty must be paid into the Consolidated Revenue Fund.

Disallowable instrument

(10) A determination under subsection (3) or (4) is a disallowable instrument
for the purposes of section 46A of the Acts Interpretation  Act 1901.