{"id":"F2017L00656","name":"Determination under paragraph 15(1)(b) No. 1 of 2017","slug":"determination-under-paragraph-15-1-b-no-1-of-2017","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":96433,"registerId":"commonwealth-F2017L00656-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Determination under paragraph 15(1)(b) No. 1 of 2017","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\nmeta-generator: Aspose.Words for .NET 20.2\n---\n\n?xml version=\"1.0\" encoding=\"utf-8\" standalone=\"no\"?>\n\nAUSTRALIAN COMPETITION & CONSUMER COMMISSION\n\n \n\nTelecommunications (Carrier Licence Charges) Act 1997\n\n \n\n###### DETERMINATION UNDER PARAGRAPH 15(1)(b) No. 1 of 2017\n\n \n\n \n\nThe AUSTRALIAN COMPETITION & CONSUMER COMMISSION (ACCC) makes this determination under section 15(1)(b) of the Telecommunications (Carrier Licence Charges) Act 1997 and determines that the proportion of the ACCC’s costs for the 2015-16 financial year that is attributable to the ACCC’s telecommunications functions and powers is $13,641,023.\n\n \n\n \n\nDated this 1st day of June 2017\n\n \n\n \n\n \n\n……………………………\n\nRodney Graham Sims\n\nChairman\n\nAustralian Competition & Consumer Commission\n","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":1,"scope_assessment":{"changed":false,"description":"This determination performs exactly the narrow, specific function it was designed for under section 15(1)(b) of the Telecommunications (Carrier Licence Charges) Act 1997 — setting the attributable costs figure for a single financial year. There is no scope creep or expansion beyond this original purpose."},"complexity_factors":["Single operative provision: one monetary determination ($13,641,023)","No defined terms section","No cross-references to other legislation beyond the enabling Act citation","No conditional logic or exceptions","Extremely short: approximately 150 words total","Straightforward administrative instrument with single purpose"],"plain_english_summary":"This is a formal decision by the Australian Competition & Consumer Commission (ACCC) about how much it spent on telecommunications regulation in the 2015-16 financial year.\n\n**What it does:**\nThe ACCC is required by law to calculate what portion of its total running costs relate to its telecommunications work (things like regulating phone companies, monitoring competition in the telecoms market, and enforcing consumer protections in that sector). This document formally determines that amount to be **$13,641,023** for the 2015-16 year.\n\n**Why this matters:**\nThis figure is important because telecommunications companies (carriers) must pay licence fees to the government, and part of those fees goes toward covering the ACCC's costs of regulating the industry. The amount determined here helps calculate what carriers will be charged.\n\n**Who it affects:**\n- **Telecommunications carriers** (phone and internet companies) — their licence fees are partly based on this figure\n- **Consumers** — indirectly, as these regulatory costs flow through to the pricing of telecom services"},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The instrument records a specific cost allocation for 2015–16 under the statutory power cited. It does not indicate any change in scope from the authority it invokes: it makes a single-year determination of attributable costs and does not expand or narrow the stated subject matter beyond that determination."},"complexity_factors":["Single-paragraph substantive content (one explicit numeric determination).","No methodological detail or formula provided for the cost figure.","Relies on an external legislative provision (paragraph 15(1)(b) of the named Act) for legal authority but does not reproduce operative rules from that provision.","Limited temporal scope (single financial year: 2015–16) reducing procedural complexity.","No stated mechanisms for allocation, recovery, review, or appeal in the text."],"plain_english_summary":"What this instrument does (mechanically)\n\n- The Australian Competition & Consumer Commission (ACCC) uses a power under paragraph 15(1)(b) of the Telecommunications (Carrier Licence Charges) Act 1997 to make a formal determination. (see heading and first line)\n- The determination states that, for the 2015–16 financial year, the share of the ACCC’s total costs that is attributable to the ACCC’s telecommunications functions and powers is $13,641,023. (see paragraph: \"the proportion ... is $13,641,023\")\n- The document is dated 1 June 2017 and is signed by the ACCC Chairman. (see date and signature)\n\nWho decides and what this establishes\n\n- The ACCC (through its Chair) is the decision-maker who records the figure and relies on the statutory power named in the heading. The instrument establishes a numeric allocation of costs for a single financial year (2015–16). (see heading; signature)\n\nWhat the instrument does not itself say\n\n- The text does not set out how that $13,641,023 is calculated, apportioned among categories, or recovered. It does not describe the accounting method, how the figure will feed into any charge or invoicing process, nor who ultimately pays any resulting charges. The only statutory reference is the Telecommunications (Carrier Licence Charges) Act 1997 and paragraph 15(1)(b). (see entire text)\n\nPractical implications, incentives and trade-offs (source-grounded)\n\n- Immediate effect: the instrument records an internal allocation — a declared telecommunications-related cost amount for 2015–16. The determination itself imposes no procedural obligations or compliance steps on third parties in the text provided. (based on the single declaratory paragraph)\n- Downstream use: because the determination invokes the Carrier Licence Charges Act, a plausible downstream use is to inform calculations under that Act. The instrument itself does not specify whether or how that will alter charges, nor does it state who will bear any costs. Any effect on private parties (for example, licence holders or carriers) depends on subsequent action under the enabling Act, which is not contained in this document. (heading reference; absence of further detail)\n- Incentives and costs: the text identifies a quantified administrative cost pool ($13,641,023) tied to telecommunications functions. If that figure is later used to set recoverable charges, the cost would be borne by whoever is designated by the implementing provisions of the enabling Act. This instrument does not allocate costs between payers, so it does not itself change commercial incentives or prices. (the amount stated; lack of allocation detail)\n- Bureaucratic discretion and transparency: the instrument exercises delegated statutory authority by making a numeric determination, but it contains no explanation of the methodology, assumptions, or opportunities for review. That creates implementation dependence on other documents or processes (for methodology, allocation, and recovery). (single-paragraph determinative text; signature)\n\nWho pays, who decides, and what behaviour changes (directly supported by the text)\n\n- Who decides: the ACCC (Chairman) made the determination. (signature)\n- Who pays: the document does not specify who pays. It only records the ACCC’s determined telecommunications-attributable cost amount for 2015–16. (entire text)\n- Behaviour changes: the instrument itself is a recorded allocation and does not directly require behaviour changes by external parties; any behavioural effects would arise only if and when the enabling Act or other instruments use this determined amount to impose charges or obligations. (text absence)\n\nImplementation risks and opportunity costs (source-grounded)\n\n- Implementation risk: without accompanying methodology or allocation instructions in this document, there is a risk that third parties cannot verify or predict how the figure will be applied. (absence of methodological detail)\n- Opportunity cost and administrative burden: the determination creates a defined cost figure that may be folded into later administrative processes; the immediate administrative burden is on the ACCC to maintain the record, while any broader compliance or cost burden depends on further action under the enabling Act. (nature of instrument)\n\nBottom line\n\nThis short instrument formally records that, under paragraph 15(1)(b) of the Telecommunications (Carrier Licence Charges) Act 1997, the ACCC has determined $13,641,023 as the amount of its 2015–16 costs attributable to telecommunications functions. It is a single-year declaratory allocation signed by the ACCC Chair. The document does not explain calculation methods, allocation mechanisms, or how the amount will be recovered or borne by external parties; any such consequences would arise only through further statutory or administrative steps not contained here."}},"importantCases":[],"_links":{"self":"/api/acts/determination-under-paragraph-15-1-b-no-1-of-2017","history":"/api/acts/determination-under-paragraph-15-1-b-no-1-of-2017/history","analysis":"/api/acts/determination-under-paragraph-15-1-b-no-1-of-2017/analysis","conflicts":"/api/acts/determination-under-paragraph-15-1-b-no-1-of-2017/conflicts","importantCases":"/api/acts/determination-under-paragraph-15-1-b-no-1-of-2017/important-cases","documents":"/api/acts/determination-under-paragraph-15-1-b-no-1-of-2017/documents"}}