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1996
THE PARLIAMENT OF THE COMMONWEALTH OF
AUSTRALIA
HOUSE OF
REPRESENTATIVES
TELECOMMUNICATIONS
(NUMBERING CHARGES) BILL 1996
EXPLANATORY
MEMORANDUM
(Circulated
by authority of Senator the Hon. Richard Alston, Minister for Communications and
the Arts)
79584 Cat. No. 96 5542 5 ISBN 0644 480157
TELECOMMUNICATIONS (NUMBERING
CHARGES) BILL 1996
OUTLINE
The Telecommunications (Numbering Charges) Bill 1996 (‘the
Bill’) provides for the imposition of charges in relation to numbers
allocated to certain carriage service providers.
If a number is allocated
to a carriage service provider in accordance with an allocation system
determined under proposed s. 447 of the Telecommunications Act 1996,
charge will be imposed on the allocation of the number to the provider and will
be payable by the provider. The amount of charge imposed will be the amount
determined by reference to the results of a tender process, public auction or
some other process carried out or conducted as provided by the allocation
system.
If a number is allocated to a carriage service provider otherwise
than in accordance with an allocation system determined under proposed s. 447,
charge (ascertained in accordance with a disallowable determination made by
AUSTEL or by the proposed Australian Communications Authority (ACA)) will be
imposed on the allocation of the number to the provider. This amount will not
be able to exceed $100,000 per number and will be payable by the provider.
AUSTEL or the ACA will, however, be able to exempt a specified number or a
specified class of numbers from charge.
With respect to the 1997/98
financial year, and subsequent financial years, the Bill will impose the annual
numbering charge on carriage service providers who hold an allocated number as
at an anniversary of the commencement of the proposed Telecommunications
(Numbering Fees) Amendment Act 1996, discussed below. (A carriage service
provider will ‘hold’ a number if the number has been allocated or
transferred to the provider and has not been subsequently withdrawn, surrendered
or transferred.) This charge will be ascertained in accordance with a
disallowable determination made by the ACA. This amount will not be able to
exceed $100,000 per number and will be payable by the carriage service provider
who holds the number. The ACA will, however, be able to exempt a specified
number or a specified class of numbers from charge.
With respect to the
current financial year, the Telecommunications (Numbering Fees) Act 1991
is proposed to be amended by the Telecommunications (Numbering Fees) Amendment
Bill 1996 (‘the Amendment Bill’). Its purpose is to provide for a
carrier or carriage service provider holding a number to pay a numbering charge
for the current financial year which will be due and payable at the commencement
of the Amendment Bill.
FINANCIAL IMPACT
With respect to the 1997/98 financial year and subsequent financial
years, the Bill is expected to derive in the vicinity of $30 million per annum
in revenue to the Commonwealth.
NOTES ON CLAUSES
Part 1––Introduction
Clause 1 – Short title
Clause 1 provides for the
citation of the Telecommunications (Numbering Charges) Act
1996.
Clause 2 – Commencement
Parts 1 and 4 of
the Bill, when enacted, will commence on Royal Assent (clause 2(1)). Part 1
deals with introductory matters (including definitions of key terms used in the
Bill). Part 4 will enable AUSTEL, before 1 July 1997, to exercise powers
conferred on the ACA under Division 2 of Part 2 of the Bill.
These powers
are:
• the power to make a determination setting out how the amount
of charge imposed on the allocation of a number otherwise than in accordance
with an allocation system is to be ascertained; and
• the power to
make a determination exempting a specified number from charge.
Parts 2
and 3 of the Bill, dealing with allocation charges and annual charges for
numbers, will commence on 1 July 1997 (clause 2(2)).
Clause 3 –
Act to bind Crown
Clause 3 provides that the Bill, when enacted, will
bind the Crown in all its rights.
Clause 4 – Extension to
eligible Territories
Clause 4 provides that the Bill, when enacted,
will extend to each eligible Territory. The term ‘eligible
Territory’ is defined in clause 5 to have the same meaning as in the
proposed Telecommunications Act 1996 ie. the Indian Ocean Territories of
Christmas Island and the Cocos (Keeling) Islands and any other external
Territory prescribed in the Telecommunications Regulations for the purposes of
proposed s. 10 of the Telecommunications Act 1996 (which enables that Act
to be extended to additional external Territories).
Clause 5 –
Interpretation
Clause 5 sets out the definitions of key terms used in
the Bill.
The term ‘number’ will have the same meaning as in
Division 2 of Part 22 of the proposed Telecommunications Act 1996.
Clause 457 in that Division provides that for the purposes of the Division a
letter or symbol is taken to be a number.
The term ‘numbering
plan’ is defined to have the same meaning as in the proposed
Telecommunications Act 1996 ie. the plan made by the ACA for the
numbering of carriage services in Australia and the use of numbers in connection
with the supply of such services (see s. 439 of the proposed
Telecommunications Act 1996). Proposed
s. 439 of the
Telecommunications Act 1996 provides that the numbering plan may set out
rules, among other things, about the allocation of numbers to carriage service
providers, the transfer of allocated numbers between carriage service providers
and the surrender or withdrawal of allocated numbers.
Part 2––Allocation charges
Division 1––Allocation in accordance with an allocation system
Division 1 deals with the allocation charge payable by carriage service
providers to whom numbers have been allocated in accordance with an allocation
system under
s. 447 of the proposed Telecommunications Act 1996. The
rules set out in the numbering plan under s. 439 of that proposed Act about the
allocation of numbers to carriage service providers will be able to authorise
the allocation of specified numbers in accordance with such an allocation
system.
Clause 6 – Definition of charge
Clause
6 defines ‘charge’, for the purposes of Division 1 of Part 2, to
mean charge imposed by this Division.
Clause 7 – Imposition of
charge
Clause 7 provides that 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.
Clause 8 – By whom
charge payable
Clause 8 provides that charge imposed on the
allocation of a number to a carriage service provider is payable by the
provider.
Proposed s. 452 of the Telecommunications Act 1996
provides for the collection of allocation charges imposed by Part 2 of the
proposed Telecommunications (Numbering Charges) Act 1996, the imposition
of late payment penalties and the remission of penalties in relation to such
allocation charges.
Clause 9 – Amount of charge
An
allocation system will be required to provide for an amount, to be known as the
eligible amount, in relation to the allocation of a number, to be determined by
reference to the results of a tender process, a public auction or another
process carried out or conducted as provided by the system (s. 447(6) of the
proposed Telecommunications Act 1996).
Clause 9 provides that the
amount of charge imposed on the allocation of a number is equal to the amount
that is the eligible amount for the purposes of s. 447 of the proposed
Telecommunications Act 1996.
Division 2––Allocation otherwise than in accordance with an allocation system
Division 2 deals with the allocation charge payable by carriage service
providers to whom numbers have been allocated otherwise than in accordance with
an allocation system under s. 447 of the proposed Telecommunications Act
1996. The rules set out in the numbering plan under s. 439 of the proposed
Act about the allocation of numbers to carriage service providers will also be
able to authorise the allocation of specified numbers otherwise than in
accordance with such an allocation system.
As a result of Division 15 of
the proposed Telecommunications (Transitional Provisions and Consequential
Amendments) Act 1996, AUSTEL will be able to allocate numbers under Division
2 before 1 July 1997. Such allocation will be taken to have effect, on and
after 1 July 1997, as if it had been made by the ACA.
Clause 10
– Definition of charge
Clause 10 defines
‘charge’, for the purposes of Division 2 of Part 2, to mean charge
imposed by this Division.
Clause 11 – Imposition of
charge
Clause 11 provides that 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.
Clause 12
– By whom charge payable
Clause 12 provides that charge imposed
on the allocation of a number to a carriage service provider is payable by the
provider.
Clause 13 – Amount of charge
Clause 13
provides for the amount of charge imposed on the allocation of a number to be
the amount ascertained in accordance with a written disallowable determination
made by the ACA. Under Part 22 of the proposed Telecommunications Act
1996, the ACA will have the functions of making a numbering plan and
allocating numbers to carriage service providers. Given the ACA’s
responsibility for, and knowledge about the administration of, the numbering
functions, it will be best placed to determine the appropriate charge to be
imposed on the allocation of particular numbers or classes of numbers.
As
a result of ss. 6 and 12 of the proposed Australian Communications Authority
Act 1996, the Minister will be able to give the ACA written directions in
relation to the setting of this charge.
As a result of Part 4 of the
Bill, AUSTEL will be able to make a determination under clause 13 before 1 July
1997 and this will have effect, on and after 1 July 1997, as if it had been made
by the ACA.
Clause 14 – Maximum charge
The maximum
amount of charge imposed on the allocation of a single number otherwise than in
accordance with an allocation system will not be able to exceed $100,000. For
many numbers, a much lower charge will be appropriate. However, the maximum
charge is proposed to be set at $100,000 in recognition that there are certain
particularly attractive numbers with a high commercial value. An example of
such a number is ‘13 13 13’.
Clause 15 – Exemption
from charge
Clause 15, when read with s. 46(2) of the Acts
Interpretation Act 1901, will empower the ACA to make a written disallowable
determination exempting a specified number or a specified class or specified
classes of numbers from charge under Division 2.
As a result of Part 4 of
the Bill, AUSTEL will be able to make a determination under clause 15 before 1
July 1997 and this will have effect, on and after 1 July 1997, as if it had been
made by the ACA.
Part 3––Annual
charge
Part 3 provides for the imposition of annual numbering
charges.
Clause 16 – Definition of
charge
Clause 16 defines ‘charge’, for the
purposes of Part 3, to mean charge imposed by this Part.
Clause 17
– Holder of a number
Clause 17 defines the circumstances in
which a carriage service provider will be taken to hold a number for the
purposes of Part 3.
A carriage service provider will be taken to hold a
number if the number has been allocated or transferred to the provider at a
particular time and has not been subsequently withdrawn, surrendered or
transferred (clause 17(1)).
As a result of Division 14 of Part 3 of the
proposed Telecommunications (Transitional Provisions and Consequential
Amendments) Act 1996, the numbering plan will be able to contain a
declaration that a specified number is taken to have been allocated under the
authority of the numbering plan to a specified person at the beginning of
1
July 1997. This declaration will apply for the purposes of clause 17 and other
provisions in Part 3 of the proposed Telecommunications (Numbering Charges)
Act 1996. (Prior to the passage of the Telecommunications Act 1991,
Telstra and its predecessors were solely responsible for allocating numbers.
Notwithstanding AUSTEL’s current role in allocating numbers, Telstra still
holds some number ranges not allocated by AUSTEL and has continued to allocate
those numbers to its customers. As a result of Division 14 of Part 3 of the
proposed Telecommunications (Transitional Provisions and Consequential
Amendments) Act 1996, these numbers will be taken to have been allocated
under the authority of the numbering plan made by the ACA.)
For the
purposes of clause 17, the renumbering of a number in accordance with the
numbering plan will not affect the continuity of the holding of the number
(clause 17(2)). This will ensure that continuity is not affected when an
additional digit is included at the start of a number as a result of changes in
the numbering plan.
Clause 18 – Imposition of
charge
With respect to the 1997/98 financial year, and subsequent
financial years, clause 18 of the Bill will impose the annual numbering charge
on carriage service providers who hold an allocated number as at an anniversary
of the commencement of the proposed Telecommunications (Numbering Fees)
Amendment Act 1996. (With respect to the current financial year, the
Telecommunications (Numbering Fees) Act 1991 is proposed to be amended by
the Telecommunications (Numbering Fees) Amendment Bill 1996 (‘the
Amendment Bill’). Its purpose is to provide for a carrier or carriage
service provider holding a number to pay a numbering charge for the current
financial year which will be due and payable at the commencement of the
Amendment Bill.)
Clause 19 – By whom charge
payable
The annual charge imposed on a number under Part 3 of the
Bill will be payable by the carriage service provider who holds the
number.
Proposed s. 452 of the Telecommunications Act 1996
provides, among other things, for the collection of annual numbering charges
imposed by Part 3 of the proposed Telecommunications (Numbering Charges) Act
1996, the imposition of late payment penalties and the remission of
penalties in relation to such allocation charges. Under clause 452(10), if any
annual charge payable by a person in relation to a number remains unpaid after
the time when it became due for payment, the ACA will be able, by written notice
given to the person, to withdraw the number.
Clause 20 – Amount
of charge
The amount of annual charge imposed on a number held at a
particular time will be the amount ascertained in accordance with a written
disallowable determination made by the ACA (clause 20). Under Part 22 of the
proposed Telecommunications Act 1996, the ACA will have the functions of
making a numbering plan and allocating numbers to carriage service providers.
Given the ACA’s responsibility for, and knowledge about the administration
of, the numbering functions, it will be best placed to determine the appropriate
charge to be imposed on the holding of particular numbers or classes of
numbers.
As a result of proposed ss. 6 and 12 of the proposed
Australian Communications Authority Act 1996, the Minister will be able
to give the ACA written directions in relation to the setting of this
charge.
Clause 21 – Maximum charge
The amount of
annual charge imposed on a single number held at a particular time will not be
able to exceed $100,000. For many numbers, a much lower charge will be
appropriate. However, the maximum charge is proposed to be set at $100,000 in
recognition that there are certain particularly attractive numbers with a high
commercial value. An example of such a number is ‘13 13
13’.
Clause 22 – Exemption from charge
Clause
22, when read with s. 46(2) of the Acts Interpretation Act 1901, will
empower the ACA to make a written disallowable determination exempting a
specified number or a specified class or specified classes of numbers from
annual charge under Part 3.
Part 4––Transitional
Clause 23 – Exercise of powers by AUSTEL before 1 July
1997––Division 2 of Part 2
Section 4 of the Acts
Interpretation Act 1901 provides that where an Act that is not to come into
operation immediately upon its enactment confers power to make an appointment or
to make an instrument of a legislative or administrative character (including
rules and regulations) then, unless the contrary intention appears, the power
may be exercised, and anything may be done for the purpose of enabling the
exercise of the power or of bringing the appointment or instrument into effect,
before the Act concerned comes into operation as if it had come into
operation.
The relevant appointment or instrument cannot take effect
before the commencement of the relevant provisions of the new Act.
Clause
23 will apply if a provision of Division 2 of Part 2 of the Bill (called an
‘eligible provision’) confers, or will confer, a power on the ACA
and, assuming that Part 3 of the proposed Australian Communications Authority
Act 1996 (dealing, among other things, with the establishment of the ACA)
had commenced at the commencement of clause 23, s. 4 of the Acts
Interpretation Act 1901 would have authorised the ACA to exercise that
power, or do a particular thing in relation to the exercise of that power,
before 1 July 1997 (clause 23(1)).
Section 4 of the Acts
Interpretation Act 1901 will be 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 (clause 23(2)).
Anything
done by AUSTEL in accordance with clause 23 before 1 July 1997 will have effect,
on and after 1 July 1997, as if it had been done by the ACA (clause
23(3)).
This mechanism will enable AUSTEL, in the period between Royal
Assent to the Bill and 1 July 1997, to make
determinations:
• setting out how the charge for the allocation of
a number otherwise than in accordance with an allocation system is to be
ascertained (see clause 13); and
• exempting such a number, or a
class of such numbers, from charge (see clause 15).