{"id":"F2024L01661","name":"Telecommunications Carrier Licence Charges (Annual Charges) Determination 2024","slug":"telecommunications-carrier-licence-charges-annual-charges-determination-2024","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":105533,"registerId":"commonwealth-F2024L01661-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name","content":"#### 1 Name\n\n  This is the Telecommunications Carrier Licence Charges (Annual Charges) Determination 2024.","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n(1) This instrument commences on the later of:\n\n(a) the start of the day after the day it is registered on the Federal Register of Legislation; and\n\n(b) immediately after the commencement of the Telecommunications Carrier Licence Charges (Specification of Costs by the ACMA) Determination 2024.\n\n> Note 1: The Federal Register of Legislation may be accessed free of charge at www.legislation.gov.au.\n\n> Note 2: The Telecommunications Carrier Licence Charges (Specification of Costs by the ACMA) Determination 2024 commences on 15 December 2024.\n\n> Note: (2) However, this instrument does not commence at all unless both of the events mentioned in paragraphs (1)(a) and (b) occur.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Authority","content":"#### 3 Authority\n\n  This instrument is made under subsection 14(1) of the Telecommunications (Carrier Licence Charges) Act 1997.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Repeal of this instrument","content":"#### 1 Name\n\n  This is the Telecommunications Carrier Licence Charges (Annual Charges) Determination 2024.\n\n#### 2 Commencement\n\n(1) This instrument commences on the later of:\n\n(a) the start of the day after the day it is registered on the Federal Register of Legislation; and\n\n(b) immediately after the commencement of the Telecommunications Carrier Licence Charges (Specification of Costs by the ACMA) Determination 2024.\n\n> Note 1: The Federal Register of Legislation may be accessed free of charge at www.legislation.gov.au.\n\n> Note 2: The Telecommunications Carrier Licence Charges (Specification of Costs by the ACMA) Determination 2024 commences on 15 December 2024.\n\n> Note: (2) However, this instrument does not commence at all unless both of the events mentioned in paragraphs (1)(a) and (b) occur.\n\n#### 3 Authority\n\n  This instrument is made under subsection 14(1) of the Telecommunications (Carrier Licence Charges) Act 1997.\n\n#### 4 Repeal of this instrument\n\n#### This instrument is repealed at the start of 1 July 2026.\n\n#### 5 Application\n\n  This instrument applies to carrier licences that were in force at the beginning of the 2023-2024 financial year.\n\n#### 6 Definitions\n\nIn this instrument:\n\n> ACCC means the Australian Competition and Consumer Commission.\n\n> Act means the Telecommunications (Carrier Licence Charges) Act 1997.\n\n> carrier licence means a carrier licence to which this instrument applies, as provided by section 5.\n\n> carrier licence charge means a charge within the meaning of Part 3 of the Act.\n\nCSPA (or Consumer Safeguards Part A) means the program of work undertaken by the ACMA to enhance analysis, transparency and reporting of telecommunications complaints data.\n\neligible revenue has the same meaning as in the TCPSS Act.\n\neligible revenue period has the same meaning as in the TCPSS Act.\n\n> exempt carrier licence means a carrier licence that was held by a carrier that was a non-participating person for the eligible revenue period that began on 1 July 2022 and ended on 30 June 2023.\n\n> MBA means the Measuring Broadband Australia program conducted by the ACCC to monitor and report on the performance of fixed line broadband services delivered over the National Broadband Network (NBN).\n\n> NBN fixed line connection means a fixed line broadband service delivered over the NBN fixed line network.\n\n> Note: The NBN fixed line network is part of the NBN but does not include a fixed wireless network or satellite access network.\n\n> non-participating person has the same meaning as in the Telecommunications (Participating Persons) Determination 2015.\n\n> Note: The Telecommunications (Participating Persons) Determination 2015 is available, free of charge, on the Federal Register of Legislation: www.legislation.gov.au.\n\n> qualifying retail carriage service provider or QRCSP has the same meaning as in the Telecommunications (Consumer Complaints) Record-Keeping Rules 2018.\n\n> Note: The Telecommunications (Consumer Complaints) Record-Keeping Rules 2018 are available, free of charge, on the Federal Register of Legislation: www.legislation.gov.au.\n\n> TCPSS Act means the Telecommunications (Consumer Protection and Service Standards) Act 1999.\n\n> test segment means a class of broadband service that is tested in accordance with specified conditions under the MBA.\n\n> Note: The following expressions used in this instrument are defined in subsection 15(4) of the Act:\n\n    (a) ACMA’s telecommunications functions;\n    (b) ACMA’s telecommunications powers.\n\n#### 7 References to other instruments\n\n  In this instrument, unless the contrary intention appears:\n\n(a) a reference to any other legislative instrument is a reference to that other legislative instrument as in force from time to time; and\n\n(b) a reference to any other kind of instrument is a reference to that other instrument as in force at the commencement of this instrument.\n\n> Note 1: For references to Commonwealth Acts, see section 10 of the Acts Interpretation Act 1901; and see also subsection 13(1) of the Legislation Act 2003 for the application of the Acts Interpretation Act 1901 to legislative instruments.\n\n> Note 2: All Commonwealth Acts and legislative instruments are registered on the Federal Register of Legislation.\n\n#### 8 Carrier licence charge – exempt carrier licence\n\n> The amount of carrier licence charge imposed on an exempt carrier licence is $0.\n\n#### 9 Method of ascertaining carrier licence charge – other carrier licences\n\n1.  This section applies to a carrier licence that is not an exempt carrier licence.\n2.  The amount of carrier licence charge imposed on a carrier licence in relation to a carrier named in column 2 of the table in Schedule 1 is equal to the sum of the amounts ascertained using the formulas in subsections (3) to (5), as applicable.\n\n> Note: The formula in subsection (3) applies to all the carriers named in column 2 of Schedule 1. In addition, the formula in subsection (4) applies to all the carriers named in column 2 of Schedule 2 (carriers who were also qualifying retail carriage service providers during the 2022-2023 financial year), and the formula in subsection (5) applies to all the carriers named in column 2 of Schedule 3.\n\n> ![Start formula open bracket MCA minus OTC close bracket multiplied by start fraction ER over TER end fraction end formula](image.002.png)  \n> The amount for the purposes of this subsection is ascertained using the formula:\n\n> where:\n\n> MCA (maximum charge amount, excluding costs relating to the CSPA and the MBA) is $29,480,166.\n\n> Note: This amount is the total sum of the amounts determined under subsection 15(1) of the Act as specified in the following instruments, excluding costs relating to the CSPA and the MBA:\n\n> Note: the Telecommunications Carrier Licence Charges (Specification of Costs by the ACMA) Determination 2024, made by the ACMA under paragraphs 15(1)(a), (c) and (ca) of the Act (excluding the portion of the amount determined by the ACMA under paragraph 15(1)(a) that relates to the CSPA);\n\n> Note: the 2024 Determination under Paragraph 15(1)(b), made by the ACCC under paragraph 15(1)(b) of the Act (excluding the portion of the amount that relates to the MBA); and\n\n> Note: the Telecommunications (Carrier Licence Charges) (Paragraph 15(1)(d)) Determination 2024, made by the Minister under paragraph 15(1)(d) of the Act.\n\n> OTC (other telecommunications costs) is $220,203.\n\n> Note: This amount relates to costs that:\n\n> Note: (a) are part of the proportion of the ACMA’s costs for the 2022-2023 financial year that is attributable to the ACMA’s telecommunications functions and powers; and\n\n> Note: (b) have been recovered from telecommunications charges (other than annual carrier licence charges).\n\n> Note: The amount determined to be the proportion of the ACMA’s costs for the 2022-2023 financial year that is attributable to the ACMA’s telecommunications functions and powers is $13,860,811 — see section 6 of the Telecommunications Carrier Licence Charges (Specification of Costs by the ACMA) Determination 2024). This figure includes the CSPA costs.\n\n> ER (eligible revenue), for the carrier, is the amount mentioned in column 4 of the row in the table in Schedule 1 in which the carrier’s name appears in column 2.\n\n> Note: This amount is the eligible revenue of the carrier for the 2022-23 eligible revenue period as assessed by the ACMA under subsection 47(1) of the TCPSS Act.\n\n> TER (total eligible revenue) is $25,474,470,520.\n\n> Note: This amount is the total sum of the eligible revenue of all the carriers named in Schedule 1 for the 2022-2023 eligible revenue period as assessed by the ACMA under subsection 47(1) of the TCPSS Act.\n\n> The amount for the purposes of this subsection is ascertained using the formula:\n\n![start formula CSPA multiplied by start fraction ERQRCSP over TERQRCSP end fraction end formula](image.003.png)\n\n> Note: where:\n\n> Note: CSPA (Consumer Safeguards Part A) program cost is equal to $581,350.\n\n> Note: This amount is the portion of the costs incurred by the ACMA during the 2022-2023 financial year, as determined by the ACMA under paragraph 15(1)(a) of the Act, that relates to the CSPA.\n\n> Note: ERQRCSP (eligible revenue of qualifying retail carriage service provider), for the QRCSP, is the amount mentioned in column 4 of the row in the table in Schedule 2 in which the QRCSP’s name appears in column 2.\n\n> Note: This amount is the eligible revenue of the carrier, who was also a QRCSP for the 2022-2023 financial year, as assessed by the ACMA under subsection 47(1) of the TCPSS Act. Schedule 2 lists each carrier who was also a QRCSP in the 2022-2023 financial year and their eligible revenue for the 2022-2023 eligible revenue period.\n\n> Note: TERQRCSP (total eligible revenue of qualifying retail carriage service providers) is $14,137,438,527.\n\n> Note: This amount (specified in Schedule 2) is the total sum of the eligible revenue of all the carriers who were also QRCSPs for the 2022-2023 financial year, as assessed by the ACMA under subsection 47(1) of the TCPSS Act.\n\n> The amount for the purpose of this subsection is ascertained using the formula:\n\n![start formula APC multiplied by start fraction FLC over TFLC end fraction end formula](image.004.png)\n\nwhere:\n\nAPC (annual program costs) is equal to $1,644,950.\n\n> Note: This amount is the portion of the costs incurred by the ACCC during the 2022-2023 financial year, as determined by the ACCC under paragraph 15(1)(b) of the Act, that are attributable to the MBA.\n\nFLC (fixed line connections) for the carrier, is the number listed in column 4 of the row in the table in Schedule 3 in which the carrier’s name appears in column 2.\n\n> Note: The FLC figure for each carrier is derived from information provided by the ACCC about the number of NBN fixed line connections operated in a test segment which are attributable to the carriers named in column 2 of the table in Schedule 3, during the 2022-2023 financial year.\n\nTFLC (total fixed line connections) is equal to 7,919,502.\n\n> Note: This figure is derived from information provided by the ACCC about the total number of NBN fixed line connections operated in a test segment that are attributable to the carriers named in column 2 of the table in Schedule 3, during the 2022-2023 financial year.","sortOrder":3},{"sectionNumber":"This instrument is repealed at the start","sectionType":"section","heading":"This instrument is repealed at the start of 1 July 2026.","content":"#### 1 Name\n\n  This is the Telecommunications Carrier Licence Charges (Annual Charges) Determination 2024.\n\n#### 2 Commencement\n\n(1) This instrument commences on the later of:\n\n(a) the start of the day after the day it is registered on the Federal Register of Legislation; and\n\n(b) immediately after the commencement of the Telecommunications Carrier Licence Charges (Specification of Costs by the ACMA) Determination 2024.\n\n> Note 1: The Federal Register of Legislation may be accessed free of charge at www.legislation.gov.au.\n\n> Note 2: The Telecommunications Carrier Licence Charges (Specification of Costs by the ACMA) Determination 2024 commences on 15 December 2024.\n\n> Note: (2) However, this instrument does not commence at all unless both of the events mentioned in paragraphs (1)(a) and (b) occur.\n\n#### 3 Authority\n\n  This instrument is made under subsection 14(1) of the Telecommunications (Carrier Licence Charges) Act 1997.\n\n#### 4 Repeal of this instrument\n\n#### This instrument is [Repealed] at the start of 1 July 2026.\n\n#### 5 Application\n\n  This instrument applies to carrier licences that were in force at the beginning of the 2023-2024 financial year.\n\n#### 6 Definitions\n\nIn this instrument:\n\n> ACCC means the Australian Competition and Consumer Commission.\n\n> Act means the Telecommunications (Carrier Licence Charges) Act 1997.\n\n> carrier licence means a carrier licence to which this instrument applies, as provided by section 5.\n\n> carrier licence charge means a charge within the meaning of Part 3 of the Act.\n\nCSPA (or Consumer Safeguards Part A) means the program of work undertaken by the ACMA to enhance analysis, transparency and reporting of telecommunications complaints data.\n\neligible revenue has the same meaning as in the TCPSS Act.\n\neligible revenue period has the same meaning as in the TCPSS Act.\n\n> exempt carrier licence means a carrier licence that was held by a carrier that was a non-participating person for the eligible revenue period that began on 1 July 2022 and ended on 30 June 2023.\n\n> MBA means the Measuring Broadband Australia program conducted by the ACCC to monitor and report on the performance of fixed line broadband services delivered over the National Broadband Network (NBN).\n\n> NBN fixed line connection means a fixed line broadband service delivered over the NBN fixed line network.\n\n> Note: The NBN fixed line network is part of the NBN but does not include a fixed wireless network or satellite access network.\n\n> non-participating person has the same meaning as in the Telecommunications (Participating Persons) Determination 2015.\n\n> Note: The Telecommunications (Participating Persons) Determination 2015 is available, free of charge, on the Federal Register of Legislation: www.legislation.gov.au.\n\n> qualifying retail carriage service provider or QRCSP has the same meaning as in the Telecommunications (Consumer Complaints) Record-Keeping Rules 2018.\n\n> Note: The Telecommunications (Consumer Complaints) Record-Keeping Rules 2018 are available, free of charge, on the Federal Register of Legislation: www.legislation.gov.au.\n\n> TCPSS Act means the Telecommunications (Consumer Protection and Service Standards) Act 1999.\n\n> test segment means a class of broadband service that is tested in accordance with specified conditions under the MBA.\n\n> Note: The following expressions used in this instrument are defined in subsection 15(4) of the Act:\n\n    (a) ACMA’s telecommunications functions;\n    (b) ACMA’s telecommunications powers.\n\n#### 7 References to other instruments\n\n  In this instrument, unless the contrary intention appears:\n\n(a) a reference to any other legislative instrument is a reference to that other legislative instrument as in force from time to time; and\n\n(b) a reference to any other kind of instrument is a reference to that other instrument as in force at the commencement of this instrument.\n\n> Note 1: For references to Commonwealth Acts, see section 10 of the Acts Interpretation Act 1901; and see also subsection 13(1) of the Legislation Act 2003 for the application of the Acts Interpretation Act 1901 to legislative instruments.\n\n> Note 2: All Commonwealth Acts and legislative instruments are registered on the Federal Register of Legislation.\n\n#### 8 Carrier licence charge – exempt carrier licence\n\n> The amount of carrier licence charge imposed on an exempt carrier licence is $0.\n\n#### 9 Method of ascertaining carrier licence charge – other carrier licences\n\n1.  This section applies to a carrier licence that is not an exempt carrier licence.\n2.  The amount of carrier licence charge imposed on a carrier licence in relation to a carrier named in column 2 of the table in Schedule 1 is equal to the sum of the amounts ascertained using the formulas in subsections (3) to (5), as applicable.\n\n> Note: The formula in subsection (3) applies to all the carriers named in column 2 of Schedule 1. In addition, the formula in subsection (4) applies to all the carriers named in column 2 of Schedule 2 (carriers who were also qualifying retail carriage service providers during the 2022-2023 financial year), and the formula in subsection (5) applies to all the carriers named in column 2 of Schedule 3.\n\n> ![Start formula open bracket MCA minus OTC close bracket multiplied by start fraction ER over TER end fraction end formula](image.002.png)  \n> The amount for the purposes of this subsection is ascertained using the formula:\n\n> where:\n\n> MCA (maximum charge amount, excluding costs relating to the CSPA and the MBA) is $29,480,166.\n\n> Note: This amount is the total sum of the amounts determined under subsection 15(1) of the Act as specified in the following instruments, excluding costs relating to the CSPA and the MBA:\n\n> Note: the Telecommunications Carrier Licence Charges (Specification of Costs by the ACMA) Determination 2024, made by the ACMA under paragraphs 15(1)(a), (c) and (ca) of the Act (excluding the portion of the amount determined by the ACMA under paragraph 15(1)(a) that relates to the CSPA);\n\n> Note: the 2024 Determination under Paragraph 15(1)(b), made by the ACCC under paragraph 15(1)(b) of the Act (excluding the portion of the amount that relates to the MBA); and\n\n> Note: the Telecommunications (Carrier Licence Charges) (Paragraph 15(1)(d)) Determination 2024, made by the Minister under paragraph 15(1)(d) of the Act.\n\n> OTC (other telecommunications costs) is $220,203.\n\n> Note: This amount relates to costs that:\n\n> Note: (a) are part of the proportion of the ACMA’s costs for the 2022-2023 financial year that is attributable to the ACMA’s telecommunications functions and powers; and\n\n> Note: (b) have been recovered from telecommunications charges (other than annual carrier licence charges).\n\n> Note: The amount determined to be the proportion of the ACMA’s costs for the 2022-2023 financial year that is attributable to the ACMA’s telecommunications functions and powers is $13,860,811 — see section 6 of the Telecommunications Carrier Licence Charges (Specification of Costs by the ACMA) Determination 2024). This figure includes the CSPA costs.\n\n> ER (eligible revenue), for the carrier, is the amount mentioned in column 4 of the row in the table in Schedule 1 in which the carrier’s name appears in column 2.\n\n> Note: This amount is the eligible revenue of the carrier for the 2022-23 eligible revenue period as assessed by the ACMA under subsection 47(1) of the TCPSS Act.\n\n> TER (total eligible revenue) is $25,474,470,520.\n\n> Note: This amount is the total sum of the eligible revenue of all the carriers named in Schedule 1 for the 2022-2023 eligible revenue period as assessed by the ACMA under subsection 47(1) of the TCPSS Act.\n\n> The amount for the purposes of this subsection is ascertained using the formula:\n\n![start formula CSPA multiplied by start fraction ERQRCSP over TERQRCSP end fraction end formula](image.003.png)\n\n> Note: where:\n\n> Note: CSPA (Consumer Safeguards Part A) program cost is equal to $581,350.\n\n> Note: This amount is the portion of the costs incurred by the ACMA during the 2022-2023 financial year, as determined by the ACMA under paragraph 15(1)(a) of the Act, that relates to the CSPA.\n\n> Note: ERQRCSP (eligible revenue of qualifying retail carriage service provider), for the QRCSP, is the amount mentioned in column 4 of the row in the table in Schedule 2 in which the QRCSP’s name appears in column 2.\n\n> Note: This amount is the eligible revenue of the carrier, who was also a QRCSP for the 2022-2023 financial year, as assessed by the ACMA under subsection 47(1) of the TCPSS Act. Schedule 2 lists each carrier who was also a QRCSP in the 2022-2023 financial year and their eligible revenue for the 2022-2023 eligible revenue period.\n\n> Note: TERQRCSP (total eligible revenue of qualifying retail carriage service providers) is $14,137,438,527.\n\n> Note: This amount (specified in Schedule 2) is the total sum of the eligible revenue of all the carriers who were also QRCSPs for the 2022-2023 financial year, as assessed by the ACMA under subsection 47(1) of the TCPSS Act.\n\n> The amount for the purpose of this subsection is ascertained using the formula:\n\n![start formula APC multiplied by start fraction FLC over TFLC end fraction end formula](image.004.png)\n\nwhere:\n\nAPC (annual program costs) is equal to $1,644,950.\n\n> Note: This amount is the portion of the costs incurred by the ACCC during the 2022-2023 financial year, as determined by the ACCC under paragraph 15(1)(b) of the Act, that are attributable to the MBA.\n\nFLC (fixed line connections) for the carrier, is the number listed in column 4 of the row in the table in Schedule 3 in which the carrier’s name appears in column 2.\n\n> Note: The FLC figure for each carrier is derived from information provided by the ACCC about the number of NBN fixed line connections operated in a test segment which are attributable to the carriers named in column 2 of the table in Schedule 3, during the 2022-2023 financial year.\n\nTFLC (total fixed line connections) is equal to 7,919,502.\n\n> Note: This figure is derived from information provided by the ACCC about the total number of NBN fixed line connections operated in a test segment that are attributable to the carriers named in column 2 of the table in Schedule 3, during the 2022-2023 financial year.","sortOrder":4},{"sectionNumber":"5","sectionType":"section","heading":"Application","content":"#### 5 Application\n\n  This instrument applies to carrier licences that were in force at the beginning of the 2023-2024 financial year.","sortOrder":5},{"sectionNumber":"6","sectionType":"section","heading":"Definitions","content":"#### 6 Definitions\n\nIn this instrument:\n\n> ACCC means the Australian Competition and Consumer Commission.\n\n> Act means the Telecommunications (Carrier Licence Charges) Act 1997.\n\n> carrier licence means a carrier licence to which this instrument applies, as provided by section 5.\n\n> carrier licence charge means a charge within the meaning of Part 3 of the Act.\n\nCSPA (or Consumer Safeguards Part A) means the program of work undertaken by the ACMA to enhance analysis, transparency and reporting of telecommunications complaints data.\n\neligible revenue has the same meaning as in the TCPSS Act.\n\neligible revenue period has the same meaning as in the TCPSS Act.\n\n> exempt carrier licence means a carrier licence that was held by a carrier that was a non-participating person for the eligible revenue period that began on 1 July 2022 and ended on 30 June 2023.\n\n> MBA means the Measuring Broadband Australia program conducted by the ACCC to monitor and report on the performance of fixed line broadband services delivered over the National Broadband Network (NBN).\n\n> NBN fixed line connection means a fixed line broadband service delivered over the NBN fixed line network.\n\n> Note: The NBN fixed line network is part of the NBN but does not include a fixed wireless network or satellite access network.\n\n> non-participating person has the same meaning as in the Telecommunications (Participating Persons) Determination 2015.\n\n> Note: The Telecommunications (Participating Persons) Determination 2015 is available, free of charge, on the Federal Register of Legislation: www.legislation.gov.au.\n\n> qualifying retail carriage service provider or QRCSP has the same meaning as in the Telecommunications (Consumer Complaints) Record-Keeping Rules 2018.\n\n> Note: The Telecommunications (Consumer Complaints) Record-Keeping Rules 2018 are available, free of charge, on the Federal Register of Legislation: www.legislation.gov.au.\n\n> TCPSS Act means the Telecommunications (Consumer Protection and Service Standards) Act 1999.\n\n> test segment means a class of broadband service that is tested in accordance with specified conditions under the MBA.\n\n> Note: The following expressions used in this instrument are defined in subsection 15(4) of the Act:\n\n    (a) ACMA’s telecommunications functions;\n    (b) ACMA’s telecommunications powers.","sortOrder":6},{"sectionNumber":"7","sectionType":"section","heading":"References to other instruments","content":"#### 7 References to other instruments\n\n  In this instrument, unless the contrary intention appears:\n\n(a) a reference to any other legislative instrument is a reference to that other legislative instrument as in force from time to time; and\n\n(b) a reference to any other kind of instrument is a reference to that other instrument as in force at the commencement of this instrument.\n\n> Note 1: For references to Commonwealth Acts, see section 10 of the Acts Interpretation Act 1901; and see also subsection 13(1) of the Legislation Act 2003 for the application of the Acts Interpretation Act 1901 to legislative instruments.\n\n> Note 2: All Commonwealth Acts and legislative instruments are registered on the Federal Register of Legislation.","sortOrder":7},{"sectionNumber":"8","sectionType":"section","heading":"Carrier licence charge — exempt carrier licence","content":"#### 8 Carrier licence charge – exempt carrier licence\n\n> The amount of carrier licence charge imposed on an exempt carrier licence is $0.","sortOrder":8},{"sectionNumber":"9","sectionType":"section","heading":"Method of ascertaining carrier licence charge — other carrier licences","content":"#### 9 Method of ascertaining carrier licence charge – other carrier licences\n\n1.  This section applies to a carrier licence that is not an exempt carrier licence.\n2.  The amount of carrier licence charge imposed on a carrier licence in relation to a carrier named in column 2 of the table in Schedule 1 is equal to the sum of the amounts ascertained using the formulas in subsections (3) to (5), as applicable.\n\n> Note: The formula in subsection (3) applies to all the carriers named in column 2 of Schedule 1. In addition, the formula in subsection (4) applies to all the carriers named in column 2 of Schedule 2 (carriers who were also qualifying retail carriage service providers during the 2022-2023 financial year), and the formula in subsection (5) applies to all the carriers named in column 2 of Schedule 3.\n\n> ![Start formula open bracket MCA minus OTC close bracket multiplied by start fraction ER over TER end fraction end formula](image.002.png)  \n> The amount for the purposes of this subsection is ascertained using the formula:\n\n> where:\n\n> MCA (maximum charge amount, excluding costs relating to the CSPA and the MBA) is $29,480,166.\n\n> Note: This amount is the total sum of the amounts determined under subsection 15(1) of the Act as specified in the following instruments, excluding costs relating to the CSPA and the MBA:\n\n> Note: the Telecommunications Carrier Licence Charges (Specification of Costs by the ACMA) Determination 2024, made by the ACMA under paragraphs 15(1)(a), (c) and (ca) of the Act (excluding the portion of the amount determined by the ACMA under paragraph 15(1)(a) that relates to the CSPA);\n\n> Note: the 2024 Determination under Paragraph 15(1)(b), made by the ACCC under paragraph 15(1)(b) of the Act (excluding the portion of the amount that relates to the MBA); and\n\n> Note: the Telecommunications (Carrier Licence Charges) (Paragraph 15(1)(d)) Determination 2024, made by the Minister under paragraph 15(1)(d) of the Act.\n\n> OTC (other telecommunications costs) is $220,203.\n\n> Note: This amount relates to costs that:\n\n> Note: (a) are part of the proportion of the ACMA’s costs for the 2022-2023 financial year that is attributable to the ACMA’s telecommunications functions and powers; and\n\n> Note: (b) have been recovered from telecommunications charges (other than annual carrier licence charges).\n\n> Note: The amount determined to be the proportion of the ACMA’s costs for the 2022-2023 financial year that is attributable to the ACMA’s telecommunications functions and powers is $13,860,811 — see section 6 of the Telecommunications Carrier Licence Charges (Specification of Costs by the ACMA) Determination 2024). This figure includes the CSPA costs.\n\n> ER (eligible revenue), for the carrier, is the amount mentioned in column 4 of the row in the table in Schedule 1 in which the carrier’s name appears in column 2.\n\n> Note: This amount is the eligible revenue of the carrier for the 2022-23 eligible revenue period as assessed by the ACMA under subsection 47(1) of the TCPSS Act.\n\n> TER (total eligible revenue) is $25,474,470,520.\n\n> Note: This amount is the total sum of the eligible revenue of all the carriers named in Schedule 1 for the 2022-2023 eligible revenue period as assessed by the ACMA under subsection 47(1) of the TCPSS Act.\n\n> The amount for the purposes of this subsection is ascertained using the formula:\n\n![start formula CSPA multiplied by start fraction ERQRCSP over TERQRCSP end fraction end formula](image.003.png)\n\n> Note: where:\n\n> Note: CSPA (Consumer Safeguards Part A) program cost is equal to $581,350.\n\n> Note: This amount is the portion of the costs incurred by the ACMA during the 2022-2023 financial year, as determined by the ACMA under paragraph 15(1)(a) of the Act, that relates to the CSPA.\n\n> Note: ERQRCSP (eligible revenue of qualifying retail carriage service provider), for the QRCSP, is the amount mentioned in column 4 of the row in the table in Schedule 2 in which the QRCSP’s name appears in column 2.\n\n> Note: This amount is the eligible revenue of the carrier, who was also a QRCSP for the 2022-2023 financial year, as assessed by the ACMA under subsection 47(1) of the TCPSS Act. Schedule 2 lists each carrier who was also a QRCSP in the 2022-2023 financial year and their eligible revenue for the 2022-2023 eligible revenue period.\n\n> Note: TERQRCSP (total eligible revenue of qualifying retail carriage service providers) is $14,137,438,527.\n\n> Note: This amount (specified in Schedule 2) is the total sum of the eligible revenue of all the carriers who were also QRCSPs for the 2022-2023 financial year, as assessed by the ACMA under subsection 47(1) of the TCPSS Act.\n\n> The amount for the purpose of this subsection is ascertained using the formula:\n\n![start formula APC multiplied by start fraction FLC over TFLC end fraction end formula](image.004.png)\n\nwhere:\n\nAPC (annual program costs) is equal to $1,644,950.\n\n> Note: This amount is the portion of the costs incurred by the ACCC during the 2022-2023 financial year, as determined by the ACCC under paragraph 15(1)(b) of the Act, that are attributable to the MBA.\n\nFLC (fixed line connections) for the carrier, is the number listed in column 4 of the row in the table in Schedule 3 in which the carrier’s name appears in column 2.\n\n> Note: The FLC figure for each carrier is derived from information provided by the ACCC about the number of NBN fixed line connections operated in a test segment which are attributable to the carriers named in column 2 of the table in Schedule 3, during the 2022-2023 financial year.\n\nTFLC (total fixed line connections) is equal to 7,919,502.\n\n> Note: This figure is derived from information provided by the ACCC about the total number of NBN fixed line connections operated in a test segment that are attributable to the carriers named in column 2 of the table in Schedule 3, during the 2022-2023 financial year.","sortOrder":9}],"analysis":{"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":false,"description":"This instrument stays within the statutory power in the Telecommunications (Carrier Licence Charges) Act 1997 to specify annual licence charges and to allocate costs determined by ACMA, ACCC and the Minister. It does not expand the legal scope of the Act; it implements cost recovery for specified 2022–23 programs and apportions those costs among carriers using established metrics (eligible revenue and fixed‑line connections). Any new or different costs appear as line items supplied by ACMA/ACCC determinations rather than a broadened statutory purpose."},"complexity_factors":["About 16 defined terms (ACCC, Act, carrier licence, carrier licence charge, CSPA, eligible revenue, eligible revenue period, exempt carrier licence, MBA, NBN fixed line connection, non-participating person, QRCSP, TCPSS Act, test segment, plus expressions defined by subsection 15(4) of the Act)","Three separate arithmetic components (base eligible‑revenue allocation; CSPA allocation for QRCSPs; MBA allocation for carriers with FLC) each with different denominators and eligible carrier lists","Multiple numeric constants embedded (MCA, OTC, TER, CSPA, TERQRCSP, APC, TFLC, plus fixed schedules)","Cross-references to several external determinations and Acts (ACMA determination, ACCC determination, TCPSS Act subsection 47(1), Telecommunications (Participating Persons) Determination 2015, Record‑Keeping Rules 2018)","Conditional commencement that depends on registration and a separate ACMA instrument (section 2)","Repeal provision with fixed date (start of 1 July 2026)","Reliance on schedules for carrier‑specific inputs (Schedules 1–3) — practical complexity for implementers","Some nested notes and repeated explanatory text increasing review time (notes to section 9 explaining components and sources)"],"plain_english_summary":"**What this instrument does (mechanics)**\n\n- It sets the annual carrier-licence charges for 2024 to be imposed on companies that held a carrier licence at the start of the 2023–24 financial year (section 5).  The instrument is repealed on 1 July 2026 and only starts once it is registered and once a separate ACMA cost-specification instrument has started (section 2).\n\n- Carriers that meet the instrument’s definition of an “exempt carrier licence” (carriers that were non‑participating persons for the eligible revenue period 1 July 2022–30 June 2023) pay $0 (section 8).\n\n- For all other carrier licences the annual charge is calculated as the sum of up to three components (section 9):\n  - A base allocation based on each carrier’s share of total eligible revenue: (MCA − OTC) × (ER / TER).  Key numbers: MCA (maximum charge amount, excluding CSPA and MBA costs) = $29,480,166; OTC (other recovered telecommunications costs) = $220,203; TER (total eligible revenue) = $25,474,470,520. ER (eligible revenue) for each carrier is listed in Schedule 1 and is the ACMA-assessed eligible revenue for 2022–23.\n  - An ACMA Consumer Safeguards Part A (CSPA) program allocation, charged only to carriers who were qualifying retail carriage service providers (QRCSPs): CSPA × (ERQRCSP / TERQRCSP). CSPA cost = $581,350; TERQRCSP = $14,137,438,527; each QRCSP’s ERQRCSP is in Schedule 2.\n  - An ACCC Measuring Broadband Australia (MBA) allocation, charged only to carriers listed in Schedule 3: APC × (FLC / TFLC). APC (MBA program cost) = $1,644,950; TFLC (total fixed line connections in test segments) = 7,919,502; each carrier’s FLC is in Schedule 3.\n\n- The instrument relies on (and cross-references) other instruments and statutory rules: ACMA’s and ACCC’s separate determinations of costs under paragraph 15(1) of the Telecommunications (Carrier Licence Charges) Act 1997, the TCPSS Act eligibility assessments, and various record‑keeping/participation instruments (see section 7 and section 6 notes).\n\n**Who this affects (who pays and who decides)**\n\n- Who pays: licensed carriers listed in the Schedules (those holding licences at the start of 2023–24), except for exempt carriers (non‑participating persons for 2022–23) who pay $0. A carrier’s bill is proportional to either its eligible revenue (most carriers), its eligible revenue as a QRCSP (CSPA component), and/or its number of NBN fixed line connections in the MBA test segments (MBA component).\n\n- Who decides the inputs: the ACMA assesses eligible revenue amounts under the TCPSS Act and specifies ACMA costs; the ACCC specifies its MBA costs and fixed‑line connection data; the Minister may specify amounts under the primary Act. This instrument assembles those inputs into the final arithmetic (section 3 authority; notes to section 9).\n\n**Why it matters (purpose claims and practical effects)**\n\n- The stated purpose (in the instrument’s notes) is to recover specified regulatory program costs from licensed carriers for the 2022–23 financial year by allocating those costs across licence-holders in proportion to measurable metrics (eligible revenue and fixed-line connections).\n\n- Who benefits from the charges: the ACMA and the ACCC — the instrument raises money to cover specified regulatory work (CSPA and MBA programs and other telecommunications functions identified by ACMA/ACCC under paragraph 15(1) of the Act).\n\n- Who bears the cost: the carriers named in the Schedules. The cost is distributed: larger eligible‑revenue carriers and carriers operating more NBN fixed‑line connections in tested segments carry proportionally larger shares.\n\n**Practical trade‑offs, incentives and implementation risks**\n\n- Cost allocation and incentives: the formulaic allocation makes each carrier’s payment predictable given the ACMA/ACCC inputs. Charges are proportional to economic scale measures (eligible revenue or number of connections), so relatively larger providers bear larger overall shares.\n\n- Administrative and compliance burden: carriers must rely on ACMA/ACCC assessments and the Schedule values. Disputes or errors in those inputs (eligible revenue, FLC counts, or cross‑referenced determinations) could create compliance risk and downstream correction costs.\n\n- Dependence on other instruments: the determination will not operate unless the ACMA specification instrument has commenced and the ACMA/ACCC determinations supply the inputs; errors or delays in those upstream instruments affect when and how charges take effect (section 2 and notes to section 9).\n\n- Redistribution effects: the instrument transfers the cost of particular regulatory activities from government budgets to regulated carriers. The mechanism does not directly set retail prices, but these charges increase carriers’ operating costs and could indirectly affect pricing, margins, or investment choices.\n\n- Concentrated vs diffuse costs: the charges are concentrated on the listed carriers; funds raised are concentrated to specific regulatory programs (CSPA and MBA and ACMA/ACCC functions). The instrument itself does not create new regulatory powers — it allocates the cost of activities already specified by ACMA/ACCC/Minister determinations under the Act.\n\n**Implementation notes (where to check details)**\n\n- To calculate a carrier’s final dollar liability you must consult Schedules 1–3 in this instrument for that carrier’s ER, ERQRCSP or FLC, and the numeric constants set out in section 9.\n\n- The ACMA’s eligible‑revenue assessments (TCPSS Act subsection 47(1)) and the ACCC’s FLC data are the factual bases for the allocations; any challenge to amounts would require engaging with those assessment processes.\n\n(References: commencement rules, application, definitions, exemption and method sections are the operative parts: sections 2–9 and Schedules.)"},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"This instrument appears consistent with the original intent of the Telecommunications (Carrier Licence Charges) Act 1997, which has always provided for annual carrier licence charges calculated by reference to costs incurred by the ACMA and ACCC. The three-formula approach (base charge plus specific program charges for CSPA and MBA) represents an evolution in cost allocation methodology but remains within the statutory framework of cost-recovery based charges. The scope has not expanded beyond recovering regulatory costs from the telecommunications industry."},"complexity_factors":["Multiple interdependent legislative instruments referenced (Telecommunications Carrier Licence Charges (Specification of Costs by the ACMA) Determination 2024, Telecommunications (Participating Persons) Determination 2015, Telecommunications (Consumer Complaints) Record-Keeping Rules 2018, and the TCPSS Act)","Three separate mathematical formulas with distinct variables that must be summed to determine final charge","Cross-referencing between Schedules 1, 2, and 3 (not provided in text but referenced extensively) to determine applicable formulas and input values","Conditional application: different formulas apply depending on carrier classification (exempt vs non-exempt, QRCSP status, Schedule 3 inclusion)","13 defined terms in section 6, several incorporating definitions from external legislation by reference","Temporal complexity: applies to licences in force at beginning of 2023-2024 financial year but uses revenue data from 2022-2023 financial year","Dual commencement triggers requiring coordination with another determination","Automatic repeal provision (sunset clause) creating limited duration instrument"],"plain_english_summary":"This law sets the 2023–24 annual licence fees for Australian telecommunications carriers. It applies to carrier licence holders (exempt carriers pay $0) and uses three added charges — a revenue‑based base charge for ACMA regulation, a retail‑revenue charge funding the CSPA consumer complaints program, and an NBN‑connection charge funding ACCC broadband monitoring. It ensures larger carriers pay more and funds regulator oversight, complaint transparency, and internet performance testing."}},"importantCases":[],"_links":{"self":"/api/acts/telecommunications-carrier-licence-charges-annual-charges-determination-2024","history":"/api/acts/telecommunications-carrier-licence-charges-annual-charges-determination-2024/history","analysis":"/api/acts/telecommunications-carrier-licence-charges-annual-charges-determination-2024/analysis","conflicts":"/api/acts/telecommunications-carrier-licence-charges-annual-charges-determination-2024/conflicts","importantCases":"/api/acts/telecommunications-carrier-licence-charges-annual-charges-determination-2024/important-cases","documents":"/api/acts/telecommunications-carrier-licence-charges-annual-charges-determination-2024/documents"}}