{"id":"F2017L00542","name":"Australian Communications and Media Authority (Annual Carrier Licence Charge) Direction 2017","slug":"australian-communications-and-media-authority-annual-carrier-licence-charge-direction-2017","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":96321,"registerId":"commonwealth-F2017L00542-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Australian Communications and Media Auth","sectionType":"section","heading":"Australian Communications and Media Authority Act 2005","content":"###### Australian Communications and Media Authority Act 2005\n\nAustralian Communications and Media Authority (Annual Carrier Licence Charge)\n\nDirection 2017\n\nI, MITCH FIFIELD, Minister for Communications, make the following Direction under the Australian Communications and Media Authority Act 2005.\n\nDated: 21 April 2017\n\nMITCH FIFIELD\n\nMinister for Communications \\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\n\n1 Name of Direction\n\nThis Direction is the Australian Communications and Media Authority (Annual Carrier Licence Charge) Direction 2017.\n\n2 Commencement\n\nThis Direction commences on the day after this Direction is registered on the Federal Register of Legislation.\n\n3 Authority\n\nThis Direction is made under section 14 of the Australian Communications and Media Authority Act 2005.\n\n4 Repeal\n\nThe Australian Communications and Media Authority (Annual Carrier Licence Charge) Direction 2013 is repealed.\n\n5 Definitions\n\nIn this Direction:\n\n> ACMA means the Australian Communications and Media Authority.\n\n> annual carrier licence charge means charge within the meaning of Part 3 of the Carrier Licence Charges Act.\n\n> carrier has the same meaning as in section 7 of the Telecommunications Act 1997.\n\n> carrier licence has the same meaning as in section 7 of the Telecommunications Act 1997.\n\n> Carrier Licence Charges Act means the Telecommunications (Carrier Licence Charges) Act 1997.\n\n> eligible revenue period has the same meaning as in section 5 of the TCPSS Act.\n\n> non-participating person has the same meaning as in subsection 4(3) of the Telecommunications (Participating Persons) Determination 2015.\n\n> relevant financial year means the financial year that begins on 1 July 2017 and each later financial year.\n\n> TCPSS Act means the Telecommunications (Consumer Protection and Service Standards) Act 1999.\n\n6 Direction  \n\nI direct the ACMA to make such determinations as are necessary under subsection 14(1) of the Carrier Licence Charges Act to have the effect of imposing an annual carrier licence charge in the amount of $0 on each carrier licence that is:\n\n(a) in force at the beginning of a relevant financial year; and\n\n(b) held by a carrier that was a non-participating person for the eligible revenue period immediately preceding that financial year.","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The Direction replaces the 2013 instrument (s4) and prescribes that ACMA must impose a $0 annual carrier licence charge for licences held by carriers who were non‑participating persons for the prior eligible revenue period (s6). It does not expand ACMA's statutory powers; it specifies the charge outcome for a defined class of licences rather than extending the class of regulated persons."},"complexity_factors":["Short, single-purpose instrument directing ACMA to impose a $0 charge (s6).","Relies heavily on defined terms and other statutes for meaning (definitions in s5; references to Carrier Licence Charges Act, Telecommunications Act 1997, TCPSS Act, and the Telecommunications (Participating Persons) Determination 2015).","Ministerial direction made under ACMA Act s14 (s3), creating a clear command rather than discretionary policy.","Repeals an earlier direction (2013) but does not itself set new administrative procedures (s4).","Operational complexity limited to ACMA making statutory determinations under the Carrier Licence Charges Act (subsection 14(1) referenced in s6)."],"plain_english_summary":"This Direction orders the Australian Communications and Media Authority (ACMA) to make the formal determinations needed to set the annual carrier licence charge at $0 for each carrier licence held by carriers who were \"non‑participating persons\" in the eligible revenue period immediately preceding each relevant financial year (from 2017–18). It changes carriers' fee obligations (qualifying carriers pay nothing) and requires ACMA to administer and record that outcome (see s6)."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"This direction performs exactly the function intended by section 14 of the ACMA Act: it gives the Minister power to direct the ACMA on carrier licence charges. The scope remains tightly focused on setting charge amounts for specific carrier categories."},"complexity_factors":["Short document (only 6 sections)","7 defined terms, but all are straightforward references to other legislation rather than complex new definitions","Single operative provision (section 6) with clear conditional logic (two simple criteria)","Heavy reliance on external statutory references (Telecommunications Act 1997, Carrier Licence Charges Act 1997, TCPSS Act 1999) — requires reading multiple other laws to fully understand scope","No nested exceptions or complex procedural requirements"],"plain_english_summary":"This ministerial direction tells the communications regulator (ACMA) to set the annual carrier licence fee at zero dollars from 2017–18 onward for carriers that were “non‑participating persons” in the prior year — i.e., network owners who did not take part in the universal service scheme. It replaces a 2013 direction. The result is a financial incentive / avoidance of double‑charging: firms outside the subsidised universal service framework have their licence fee waived, altering commercial incentives in the telecoms market."}},"importantCases":[],"_links":{"self":"/api/acts/australian-communications-and-media-authority-annual-carrier-licence-charge-direction-2017","history":"/api/acts/australian-communications-and-media-authority-annual-carrier-licence-charge-direction-2017/history","analysis":"/api/acts/australian-communications-and-media-authority-annual-carrier-licence-charge-direction-2017/analysis","conflicts":"/api/acts/australian-communications-and-media-authority-annual-carrier-licence-charge-direction-2017/conflicts","importantCases":"/api/acts/australian-communications-and-media-authority-annual-carrier-licence-charge-direction-2017/important-cases","documents":"/api/acts/australian-communications-and-media-authority-annual-carrier-licence-charge-direction-2017/documents"}}