{"id":"F2022L01253","name":"Telecommunications (Charges) Determination 2022","slug":"telecommunications-charges-determination-2022","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":102676,"registerId":"commonwealth-F2022L01253-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Telecommunications (Charges) Determination 2022","content":"![Commonwealth of Australia coat of arms](image.001.jpeg)\n\nTelecommunications (Charges) Determination 2022\n\nmade under subsection 60(1) of the\n\nAustralian Communications and Media Authority Act 2005\n\nCompilation No. 3\n\nCompilation date: 9 August 2025\n\nIncludes amendments: F2025L00911\n\nPrepared by the Australian Communications and Media Authority, Melbourne\n\nAbout this compilation\n\nThis compilation\n\nThis is a compilation of the Telecommunications (Charges) Determination 2022 that shows the text of the law as amended and in force on 9 August 2025 (the compilation date).\n\nThe notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.\n\nUncommenced amendments\n\nThe effect of uncommenced amendments is not shown in the text of the compiled law. The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au).\n\nApplication, saving and transitional provisions\n\nIf the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.\n\nModifications\n\nIf the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. Any modifications affecting the law are accessible on the Register.\n\nSelf‑repealing provisions\n\nIf a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.\n\nPart 1 Preliminary\n\n1 Name\n\nThis is the Telecommunications (Charges) Determination 2022.\n\n3 Authority\n\nThis instrument is made under subsection 60(1) of the Australian Communications and Media Authority Act 2005.\n\n4 Definitions\n\nIn this instrument:\n\nACMA Act means the Australian Communications and Media Authority Act 2005.\n\ncarriage service provider has the same meaning as in section 87 of the Telecommunications Act.\n\ncarrier has the same meaning as in section 7 of the Telecommunications Act.\n\ncertification body has the same meaning as in section 410 of the Telecommunications Act.\n\nenhanced rights of use has the same meaning as in the numbering plan.\n\nEROU applicant has the same meaning as in the numbering plan.\n\nEROU-holder has the same meaning as in the numbering plan.\n\nfacility installation permit means a permit, as described in clause 21 of Schedule 3 to the Telecommunications Act, authorising a carrier to carry out the installation of one or more facilities.\n\nfacility installation permit application means an application under clause 21 of Schedule 3 to the Telecommunications Act for a facility installation permit.\n\ngeographic number has the same meaning as in the numbering plan.\n\nhourly rate: see section 8.\n\nnominated carrier declaration has the same meaning as in section 7 of the Telecommunications Act.\n\nnon-protection zone installation permit has the same meaning as in clause 2 of Schedule 3A to the Telecommunications Act.\n\nnon-protection zone installation permit application means an application under clause 64 of Schedule 3A to the Telecommunications Act for a non-protection zone installation permit.\n\nnumbering plan means\n\n1. the Telecommunications Numbering Plan 2025; or\n if an instrument made under subsection 455(1) of the Telecommunications Act replaces the instrument mentioned in paragraph (a) – the later instrument.\n\nprotection zone has the same meaning as in clause 2 of Schedule 3A to the Telecommunications Act.\n\nprotection zone (declaration) request means a request under clause 5 of Schedule 3A to the Telecommunications Act that the ACMA declare a protection zone.\n\nprotection zone installation permit has the same meaning as in clause 2 of Schedule 3A to the Telecommunications Act.\n\nprotection zone installation permit application means an application under clause 51 of Schedule 3A to the Telecommunications Act for a protection zone installation permit.\n\nprotection zone (revocation) request means a request under clause 24 of Schedule 3A to the Telecommunications Act that the ACMA revoke a declaration of a protection zone.\n\nprotection zone (variation) request means a request under clause 24 of Schedule 3A to the Telecommunications Act that the ACMA vary a declaration of a protection zone.\n\npublic inquiry means a public inquiry held by the ACMA under subclause 25(2) of Schedule 3 to the Telecommunications Act in relation to a facility installation permit.\n\nregistered carriage service provider has the same meaning as in the numbering plan.\n\nstandard unit has the same meaning as in the numbering plan.\n\nsubmarine cable has the same meaning as in clause 2 of Schedule 3A to the Telecommunications Act.\n\nTelecommunications Act means the Telecommunications Act 1997.\n\nunassigned unallocated smartnumber has the same meaning as in the numbering plan.\n\nNote: The following expressions used in this instrument are defined in the ACMA Act:\n\n ACMA;\n ACMA official.\n\n5 References to other instruments\n\nIn this instrument, unless the contrary intention appears:\n\n1. a reference to any other legislative instrument is a reference to that other legislative instrument as in force from time to time; and\n2. 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\nPart 2 Charges for services or matters under the Telecommunications Act\n\n6 Purpose\n\n (1) Under subsection 60(1) of the ACMA Act, the ACMA may make determinations fixing charges for:\n (a) services provided by the ACMA; and\n (b) any matter in relation to which expenses are incurred by the ACMA under the Acts specified in the subsection (including the Telecommunications Act) or in an instrument made under such an Act (including the numbering plan).\n (2) This instrument fixes the charges that are to be applied in relation to:\n (a) services provided; and\n (b) expenses incurred,\n\nby the ACMA in performing its functions or exercising its powers under the Telecommunications Act and instruments made under that Act.\n\n7 Charges relating to ACMA’s costs\n\nFor the purposes of section 60 of the ACMA Act, the charge mentioned in column 3 of an item in Schedule 1 is the charge fixed for:\n\n (a) provision of a service or matter mentioned in column 2 of that item; or\n (b) the service or matter mentioned in column 2 of the item, in relation to which expenses are incurred, or to be incurred, by the ACMA,\n as the case requires.\n\n8 Hourly rate of charge\n\nFor this instrument, the hourly rate of charge for each person providing a service or matter to which the rate applies is:\n\n (a) for each completed hour – $239; and\n (b) for a part of an hour – the proportion of $239 equal to the proportion of an hour for which charge is to be made.\n\n9 Special rules – refund of numbering plan application charge\n\nIf a person:\n\n (a) makes the application mentioned in column 2 of item 2.1 of Part 2 of Schedule 1; and\n (b) the ACMA decides not to approve the application;\n\nthe ACMA must refund any payment of the charge mentioned in column 3 of the item.\n\n10 Special rules – charges for facility installation permit applications (not relating to public inquiry)\n\n (1) This section applies if a deposit is paid under item 3.1 of Schedule 1 (the deposit).\n (2) If:\n (a) 1 or more amounts are payable under item 3.2 of Schedule 1; and\n (b) the aggregate of those amounts is less than the deposit,\n the amounts referred to in paragraph (a) will be deducted from the deposit, and the ACMA must refund the difference to the applicant.\n (3) If:\n (a) 1 or more amounts are payable under item 3.2 of Schedule 1; and\n (b) the aggregate of those amounts is greater than the deposit,\n\nthe applicant must pay the difference under subparagraph 14(1)(d)(i).\n\n11 Special rules – charges for facility installation permit applications (relating to public inquiry)\n\n (1) This section applies if a deposit is paid under item 4.1 of Schedule 1 (the public inquiry deposit).\n (2) If:\n (a) 1 or more amounts are payable under items 4.2 or 4.3 of Schedule 1; and\n (b) the aggregate of those amounts is less than the public inquiry deposit,\n\nthe amounts mentioned in paragraph (a) will be deducted from the public inquiry deposit, and the ACMA must refund the difference to the applicant.\n\n (3) If:\n (a) 1 or more amounts are payable under items 4.2 or 4.3 of Schedule 1; and\n (b) the aggregate of those amounts is greater than the public inquiry deposit,\n\nthe applicant must pay the difference under subparagraph 14(1)(d)(ii).\n\n12 Special rules – charges payable in relation to a request for a declaration, variation or revocation of a protection zone\n\n (1) This section applies if a deposit is paid under items 5.1 or 5.2 of Schedule 1 (the protection zone deposit).\n (2) If:\n (a) 1 or more amounts are payable under items 5.3 or 5.4 of Schedule 1; and\n (b) the aggregate of those amounts is less than the protection zone deposit,\n\nthe amounts mentioned in paragraph (a) will be deducted from the protection zone deposit, and the ACMA must refund the difference to the requesting person.\n\n (3) If:\n (a) 1 or more amounts are payable under items 5.3 or 5.4 of Schedule 1; and\n (b) the aggregate of those amounts is greater than the protection zone deposit,\n\nthe requesting person must pay the difference under subparagraph 14(1)(d)(iii).\n\n13 Special rules – charges payable in relation to an application for a permit to install a submarine cable\n\n (1) This section applies if a deposit is paid under item 6.4 of Schedule 1 (the submarine cable deposit).\n (2) If:\n (a) 1 or more amounts are payable under item 6.5 of Schedule 1; and\n (b) the aggregate of those amounts is less than the submarine cable deposit,\n\nthe amounts mentioned in paragraph (a) will be deducted from the submarine cable deposit, and the ACMA must refund the difference to the applicant.\n\n (3) If:\n (a) 1 or more amounts are payable under item 6.5 of Schedule 1; and\n (b) the aggregate of those amounts is greater than the submarine cable deposit,\n\nthe applicant must pay the difference under subparagraph 14(1)(d)(iv).\n\n14 By whom and when is a charge payable?\n\n (1) The charges are payable by the applicant or requesting person:\n (a) in the case of a charge mentioned in items 1.1, 2.2, 3.1, 5.1, 5.2, 6.1, 6.2, 6.3, 6.4 or 6.6 of Schedule 1 — when the application or request is made;\n (b) in the case of a charge mentioned in item 2.1 of Schedule 1:\n (i) for an application made under Part 2 of Chapter 6 of the numbering plan – in accordance with subsection 48(6) of the numbering plan;\n (ii) for an application made under Part 3 of Chapter 6 of the numbering plan – in accordance with subsection 53(6) of the numbering plan;\n (c) in the case of a charge mentioned in item 4.1 of Schedule 1 — within 7 days of the applicant being notified by the ACMA of the intention to hold a public inquiry in relation to the facility installation permit application;\n (d) in the case of a charge mentioned in:\n (i) subsection 10(3) in relation to item 3.2 of Schedule 1;\n (ii) subsection 11(3) in relation to items 4.2 or 4.3 of Schedule 1;\n (iii) subsection 12(3) in relation to items 5.3 or 5.4 of Schedule 1; or\n (iv) subsection 13(3) in relation to item 6.5 of Schedule 1,\n\nby the due date specified in an invoice issued by the ACMA to the applicant or requesting person for the charge;\n\n (e) in the case of a charge mentioned in item 7.1 of Schedule 1 – by the due date specified in an invoice issued by the ACMA to the applicant for the charge; and\n (f) in any other case in which a charge is payable at the hourly rate or on the basis of actual costs — by the due date specified in an invoice issued by the ACMA to the applicant or requesting person for the charge.\n (2) In the case of a charge mentioned in item 2.3 of Schedule 1, the charge is payable by the person registering to use the electronic system immediately before registration.\n\n \n\nPart 3 Transitional arrangements – amendments made by the Australian Communications and Media Authority (Charges) Amendment Determination 2025 (No.1)\n\n15 Definitions\n\nIn this Part:\n\n Amendment Determination means the Australian Communications and Media Authority (Charges) Amendment Determination 2025 (No.1).\n commencement day means the day on which the Amendment Determination commences.\n\n16 Transitional arrangements – applications or requests made before commencement day\n\n (1) If:\n\n before the commencement day:\n\n an application or request has been made to the ACMA, the handling of which involves the provision of a service or dealing with a matter; and\n the service or matter is of a kind mentioned in an item of Schedule 1, as in force immediately before the commencement day, for which a charge is payable under the item; and\n the charge is a dollar amount mentioned in the item, as in force immediately before the commencement day; and\n charge has been paid; and\n on the commencement day, the item is amended by Schedule 3 to the Amendment Determination;\n\n no additional charge is payable under the item in relation to the application or request, even if the ACMA continues to handle the application or request on or after the commencement day.\n (2) If:\n\n before the commencement day:\n\n an application or request has been made to the ACMA, the handling of which involves the provision of a service or dealing with a matter; and\n the service or matter is of a kind mentioned in an item of Schedule 1, as in force immediately before the commencement day, for which a charge is payable under the item; and\n the charge is a dollar amount mentioned in the item, as in force immediately before the commencement day (the old dollar amount); and\n on the commencement day, the item is amended by Schedule 3 to the Amendment Determination; and\n on or after the commencement day, the charge is due to be paid;\n\n despite the amendment, the charge payable under the item in relation to the application or request continues to be the old dollar amount, as if the amendment had not been made.\n (3) If:\n\n before the commencement day:\n\n an application or request has been made to the ACMA, the handling of which involves the provision of a service or dealing with a matter; and\n the service or matter is of a kind mentioned in an item of Schedule 1, as in force immediately before the commencement day, for which a charge is payable under the item; and\n the charge is calculated at the hourly rate (within the meaning of section 8, as in force immediately before the commencement day) (the old hourly rate); and\n on or after the commencement day, the ACMA continues to handle the application or request;\n\n despite the amendment of section 8 made by Schedule 3 to the Amendment Determination, the charge payable under the item in relation to the application or request continues to be calculated at the old hourly rate, as if the amendment had not been made.\n\n17 Transitional arrangements – deposits paid in relation to applications or requests made before commencement day\n\n To avoid any doubt, the following provisions have effect:\n\n if a deposit is paid under item 3.1 of Schedule 1 in relation to a facility installation permit application made before the commencement day, section 10 continues to apply in relation to:\n\n the deposit; and\n any amount payable under item 3.2 of Schedule 1 in relation to the application;\n if a deposit is paid under item 4.1 of Schedule 1 for the holding of a public inquiry in relation to a facility installation permit application made before the commencement day, section 11 continues to apply in relation to:\n\n the deposit; and\n any amount payable under item 4.2 or 4.3 of Schedule 1 in relation to the application;\n if a deposit is paid under item 5.1 of Schedule 1 in relation to a protection zone (declaration) request, or item 5.2 in relation to a protection zone (revocation) request or a protection zone (variation) request, made before the commencement day, section 12 continues to apply in relation to:\n\n the deposit; and\n any amount payable under item 5.3 or 5.4 of Schedule 1 in relation to the request.\n\nSchedule 1 Charges payable\n\n(sections 7, 8, 9, 10, 11, 12, 13 and 14)\n\nPart 1 Nominated carrier declaration charges\n\n| Column 1Item | Column 2Matter | Column 3Charge |\n| ------------ | ------------------------------------------------------------------------------------------------------------------------------------------------------------------ | -------------- |\n| 1.1 | Making an application mentioned in section 77 of the Telecommunications Act for a nominated carrier declaration in relation to one or more specified network units | $2,365 |\n\nPart 2 Charges payable in relation to applications for numbers under the numbering plan\n\n| Column 1Item | Column 2Matter | Column 3Charge |\n| ------------ | ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- | -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- |\n| 2.1 | Making an application mentioned in paragraph 457 (1) (a) of the Telecommunications Act for the allocation of a number otherwise than in accordance with an allocation system determined under section 463 of the Telecommunications Act | (1) For an application made under Part 2 of Chapter 6 of the numbering plan for allocation of one or more standard units of geographic numbers — $57.00(2) For an application made under Part 3 of Chapter 6 of the numbering plan for allocation of one or more geographic numbers — $57.00 |\n| | | (3) For any other application made under the numbering plan for allocation of a number — zero |\n| 2.2 | Making an application under subsection 113(1) of the numbering plan for registration of a carriage service provider under section 114 of the numbering plan | $57.00 |\n| 2.3 | Registering to use the electronic system, made available by the ACMA, for EROU applicants to apply with a registered carriage service provider under section 63 of the numbering plan for the initial allocation of an unassigned unallocated smartnumber, and for EROU-holders to manage their enhanced rights of use | $57.00 |\n\n> Note An allocation charge may also be imposed on the allocation of a number under the Telecommunications (Numbering Charges) Act 1997.\n\nPart 3 Facility installation permits – application charges\n\n| Column 1Item | Column 2Matter | Column 3Charge |\n| ------------ | ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- | -------------- |\n| 3.1 | Deposit to accompany a facility installation permit application | $9,632 |\n| 3.2 | Activities of ACMA official in connection with dealing with a facility installation permit application that does not relate to the conduct of a public inquiry in relation to the permit | hourly rate |\n\nPart 4 Facility installation permits – public inquiry charges\n\n| Column 1Item | Column 2Matter | Column 3Charge |\n| ------------ | --------------------------------------------------------------------------------------------------------------- | -------------- |\n| 4.1 | Deposit payable on account of the expenses to be incurred by the ACMA for the holding of a public inquiry | $60,686 |\n| 4.2 | Activities of ACMA officials in relation to the holding of a public inquiry | hourly rate |\n| 4.3 | Any other expenses incurred by the ACMA not included in item 4.2 in relation to the holding of a public inquiry | actual costs |\n\nPart 5 Charges payable to declare, vary or revoke a protection zone\n\n| Column 1Item | Column 2Matter | Column 3Charge |\n| ------------ | ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- | -------------- |\n| 5.1 | Deposit payable on account of the expenses to be incurred by the ACMA in relation to a protection zone (declaration) request | $170,527 |\n| 5.2 | Deposit payable on account of the expenses to be incurred by the ACMA in relation to a protection zone (revocation) request or a protection zone (variation) request | $144,117 |\n| 5.3 | Charges for the activities of ACMA officials in relation to a:protection zone (declaration) request;protection zone (revocation) request;protection zone (variation) request | hourly rate |\n| 5.4 | External costs incurred by the ACMA in relation to a protection zone (declaration) request, protection zone (revocation) request or protection zone (variation) request including, but not limited to, the following:advertising costs;venue hire and catering costs;travel expenses;consultation costs | actual costs |\n\nPart 6 Charges payable in relation to certain permits to install a submarine cable\n\n| Column 1Item | Column 2Matter | Column 3Charge |\n| ------------ | --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- | -------------------------------------------------------------- |\n| 6.1 | Protection zone installation permit application — charge for the purposes of clause 53 of Schedule 3A to the Telecommunications Act, in relation to considering and processing a protection zone installation permit application | $5,417 for each submarine cable the subject of the application |\n| 6.2 | Protection zone installation permit —considering and processing an application under clause 61 of Schedule 3A to the Telecommunications Act to extend the duration of a protection zone installation permit | $1,474 |\n| 6.3 | Non‑protection zone installation permit application — charge for the purposes of clause 66 of Schedule 3A to the Telecommunications Act, in relation to considering and processing a non-protection zone installation permit application, excluding the additional charges mentioned at items 6.4 and 6.5 | $6,294 for each submarine cable the subject of the application |\n| 6.4 | Non‑protection zone installation permit application — deposit payable on account of the charges at item 6.5 | $25,000 |\n| 6.5 | Non-protection zone installation permit application — charge for the purposes of clause 66 of Schedule 3A to the Telecommunications Act, in relation to external costs for the use of external consultants in considering a non-protection zone installation permit application | actual costs |\n| 6.6 | Non‑protection zone installation permit — considering and processing an application under clause 76 of Schedule 3A to the Telecommunications Act to extend the duration of a non-protection zone installation permit | $1,474 |\n\nPart 7 Charges payable in relation to labelling certifications\n\n| Column 1Item | Column 2Matter | Column 3Charge |\n| ------------ | -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- | -------------- |\n| 7.1 | Activities of an ACMA official acting as a certification body in connection with dealing with an application for a written statement under paragraph 408(5)(a) of the Telecommunications Act | hourly rate |\n\nEndnotes\n\nEndnote 1—About the endnotes\n\nThe endnotes provide information about this compilation and the compiled law.\n\nThe following endnotes are included in every compilation:\n\nEndnote 1—About the endnotes\n\nEndnote 2—Abbreviation key\n\nEndnote 3—Legislation history\n\nEndnote 4—Amendment history\n\nAbbreviation key—Endnote 2\n\nThe abbreviation key sets out abbreviations that may be used in the endnotes.\n\nLegislation history and amendment history—Endnotes 3 and 4\n\nAmending laws are annotated in the legislation history and amendment history.\n\nThe legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.\n\nThe amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.\n\nMisdescribed amendments\n\nA misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.\n\nIf a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.\n\nEndnote 2—Abbreviation key\n\n| ad = added or inserted | orig = original |\n| ---------------------------------------------- | ----------------------------------- |\n| am = amended | par = paragraph(s)/subparagraph(s) |\n| amdt = amendment | /sub‑subparagraph(s) |\n| c = clause(s) | pres = present |\n| C[x] = Compilation No. x | prev = previous |\n| Ch = Chapter(s) | (prev…) = previously |\n| def = definition(s) | Pt = Part(s) |\n| Dict = Dictionary | r = regulation(s)/rule(s) |\n| disallowed = disallowed by Parliament | reloc = relocated |\n| Div = Division(s) | renum = renumbered |\n| exp = expires/expired or ceases/ceased to have | rep = repealed |\n| effect | rs = repealed and substituted |\n| F = Federal Register of Legislation | s = section(s)/subsection(s) |\n| gaz = gazette | Sch = Schedule(s) |\n| LA = Legislation Act 2003 | Sdiv = Subdivision(s) |\n| LIA = Legislative Instruments Act 2003 | SLI = Select Legislative Instrument |\n| (md not incorp) = misdescribed amendment | SR = Statutory Rules |\n| cannot be given effect | Sub‑Ch = Sub‑Chapter(s) |\n| mod = modified/modification | SubPt = Subpart(s) |\n| No. = Number(s) | underlining = whole or part not |\n| o = order(s) | commenced or to be commenced |\n| Ord = Ordinance | |\n\nEndnote 3—Legislation history\n\n| Name | Registration | Commencement | Application, saving and transitional provisions |\n| ------------------------------------------------------------------------------------------- | ----------------------------------- | -------------- | ----------------------------------------------- |\n| Telecommunications (Charges) Determination 2022 | 26 September 2022 (see F2022L01253) | 1 October 2022 | - |\n| Telecommunications (Charges) Amendment Determination 2025 (No.1) | 22 March 2025 (see F2025L00411) | 23 March 2025 | - |\n| Telecommunications (Charges) Amendment Determination 2025 (No.2) | 4 April 2025 (see F2025L00483) | 5 April 2025 | |\n| Australian Communications and Media Authority (Charges) Amendment Determination 2025 (No.1) | 8 August 2025 (see F2025L00911) | 9 August 2025 | |\n\nEndnote 4—Amendment history\n\n```html\n

Provision affected

How affected

Part 1

s.2...........................

rep. LA s.48D

s.4...........................

am. F2025L00411

s.8...........................

am. F2025L00911

Part 2

s.14(1)(b).......................

am. F2025L00411

Part 3.........................

rs. F2025L00911

Schedule 1

Schedule 1, Part 1, table item 1.1.......

am. F2025L00911

Schedule 1, Part 2, table item 2.2

am. F2025L00411

Schedule 1, Part 2, table item 2.3

md not incorp. F2025L00411, am. F2025L00483

Schedule 1, Part 3, table item 3.1.......

am. F2025L00911

Schedule 1, Part 4, table item 4.1.......

am. F2025L00911

Schedule 1, Part 5, table items 5.1 and 5.2.

am. F2025L00911

Schedule 1, Part 6, table items 6.1, 6.2, 6.3 and 6.6

am. F2025L00911

\n```","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"},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation remains focused on its original purpose: setting charges for ACMA services under the Telecommunications Act. The 2025 amendments updated specific dollar amounts and refined transitional arrangements, but did not expand the scope beyond telecommunications regulation. The structure (permits, numbering, submarine cables, protection zones) matches the original 2022 intent."},"complexity_factors":["18 defined terms in section 4, many referencing external legislation (Telecommunications Act 1997, numbering plan)","Cross-referencing structure: charges defined in Schedule 1 tables, but payment timing and special rules in sections 9–14","Nested conditional logic in sections 10–13 (deposit/refund calculations with multiple scenarios)","Transitional provisions in Part 3 with complex temporal conditions (pre-commencement vs post-commencement applications)","Multiple charging mechanisms: fixed fees, hourly rates ($239), actual costs, and deposit-based reconciliations","Schedule 1 spans 7 Parts with 20+ individual charge items, some with sub-conditions (e.g., item 2.1 has 3 pricing tiers)"],"plain_english_summary":"This fee schedule sets exact charges telecom businesses must pay the ACMA for permits, registrations and approvals—affecting carriers, service providers, submarine-cable operators and special-number applicants. It prescribes fixed fees, an hourly rate ($239/hr), and substantial deposits for major actions (protection zones and public inquiries can require deposits up to $170,527), with refunds or top-ups based on actual costs.\n\nTransitional rules let applicants who lodged before recent increases keep old rates, ensuring fairness for in‑flight applications."},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"The Determination continues to perform its original function — fixing charges the ACMA may recover for services and matters under the Telecommunications Act and related instruments (see section 6 and Schedule 1). Amendments reflected in the compilation adjust fee amounts, add or modify line items (for example, updated deposits and hourly-rate amendments), and add transitional provisions for existing applications, but they do not expand the Determination’s substantive scope beyond setting and administrating charges for the same categories of ACMA activity."},"complexity_factors":["Around 26 defined terms in the interpretation section (section 4), many cross‑referencing the Telecommunications Act, Schedule 3/3A and the numbering plan","Schedule 1 divided into 7 Parts with ~25 discrete fee items (fixed, hourly-rate and actual-cost categories)","Multiple charging bases: fixed dollar fees, an hourly rate (section 8), and ‘actual costs’ for external items (mix increases conditional logic)","Deposit mechanics and nested rules across sections 9–13 (deduction, refund, shortfall payments) including special rules for public inquiries, protection zones and submarine cables","Detailed payment timing rules with multiple branches in section 14 (different due dates, invoices, registration timing)","Extensive cross-references to external instruments (Telecommunications Act, Telecommunications Numbering Plan, Schedule 3 and 3A) meaning reading requires consulting other instruments","Transitional arrangements in Part 3 preserving prior rates/charges for ongoing applications (exceptional temporal rules)","Amendment history and modifications referenced in endnotes (multiple 2025 amendments) requiring attention to which amounts or sections are current"],"plain_english_summary":"**What this instrument does (mechanics)\n\n- This Determination sets the fees and deposits the Australian Communications and Media Authority (ACMA) can charge for specific services and matters it handles under the Telecommunications Act and the Telecommunications Numbering Plan (see section 6 and Schedule 1).\n- Some charges are fixed dollar amounts (Schedule 1 items); others are charged at an hourly rate (section 8) or as \"actual costs\" (for external consultants, advertising, venue hire, etc.).\n- The instrument sets the hourly rate used when ACMA staff time is charged (currently $239 per hour: section 8). It also prescribes when fees are payable and how deposits are applied or refunded (section 14 and sections 9–13).\n- Where an application attracts a deposit, the Determination provides rules for deducting final charges from the deposit and either refunding the remainder or requiring an applicant to pay any shortfall (sections 10–13).\n- Transitional rules preserve the charge that applied to applications or requests made before later amendments (Part 3).\n\n**Who is affected\n\n- Applicants and requesting persons who interact with the ACMA under the Telecommunications Act and the Telecommunications Numbering Plan. Typical payers include:\n - organisations applying for nominated carrier declarations (item 1.1);\n - parties applying for number allocations or registrations under the numbering plan (items 2.1–2.3);\n - applicants for facility installation permits, including those that trigger public inquiries (items 3.1, 4.1–4.3);\n - persons requesting a protection zone to be declared, varied or revoked (items 5.1–5.4);\n - applicants to install submarine cables (items 6.1–6.6);\n - certification/labelling applicants where ACMA officials act as the certifying body (item 7.1).\n- Invoices and deposits are paid by the applicant or requesting person; some specific timing rules apply (section 14).\n\n**Key headline fees (examples from Schedule 1)\n\n- Nominated carrier declaration application: $2,365 (item 1.1).\n- Number allocation/registration and related small numbering-plan fees: typically $57 (items 2.1–2.3).\n- Facility installation permit deposit: $9,632 (item 3.1). Public inquiry deposit: $60,686 (item 4.1).\n- Protection zone deposits: $170,527 for a declaration request; $144,117 for variation/revocation requests (items 5.1–5.2).\n- Submarine-cable application charges: e.g. $5,417 per cable for protection-zone installation permit applications; non-protection application charge $6,294 per cable, with a $25,000 deposit for external costs (items 6.1, 6.3, 6.4).\n- Where staff time is charged, the hourly rate applies; where \"actual costs\" are specified, ACMA may recover third-party or out-of-pocket expenses (various items).\n\n**Why it matters (stated purpose vs practical effects)\n\n- The stated purpose is to fix charges that allow the ACMA to recover expenses it incurs when performing telecommunications regulatory functions (section 6).\n- Mechanically, the Determination shifts processing costs onto applicants/requesting persons rather than funding those activities from general appropriations. That affects the marginal cost of making regulatory applications.\n\n**Practical implications, incentives and trade-offs (testing the purpose-claim)\n\n- Who pays and who benefits: Applicants/requesting persons pay. The ACMA recovers its processing costs (benefit to ACMA in revenue terms). The instrument does not create subsidies or grants to applicants.\n- Incentives for applicants: Fixed fees and sizable deposits (especially for protection-zone and public-inquiry items) raise the upfront cost of seeking certain regulatory outcomes. That may deter marginal or low-value applications or push applicants to adjust projects to avoid costly processes (for example, redesigning works to avoid a protection-zone process). These are direct behavioural incentives created by price signals (see Schedule 1 and sections 10–13 on deposits).\n- Effect on competition and entry: Large, non-refundable deposits and uncertain \"actual costs\" for external consultants may pose relatively higher burdens on smaller firms or community groups compared with larger firms, because fixed upfront costs are proportionally larger for smaller applicants. This influences who can practically seek ACMA decisions.\n- Bureaucratic discretion and uncertainty: Several recoverable items are charged as \"actual costs\" (e.g., external consultant fees, advertising, venue hire). That introduces some uncertainty for applicants about final liabilities and requires ACMA billing and accounting processes (Schedule 1 parts 4, 5, 6). The Determination prescribes invoicing and payment timing (section 14), but final cost outcomes depend on ACMA's actual expenses and procurement.\n- Compliance and administrative burden: Applicants must budget for deposits, possible shortfalls, and the potential requirement to pay additional invoices. ACMA must maintain invoicing, refund and cost-allocation processes; disputes may arise about time charged at hourly rates or what constitutes reasonable \"actual costs.\" The Determination provides mechanics (e.g., deduction from deposits and refunds) but not detailed dispute-resolution clauses.\n- Opportunity cost and resource allocation: By transferring costs to applicants, ACMA may better match resource use to demand. But if fees are set high relative to the social value of some applications, fewer applications may be made, reducing ACMA workload but also potentially reducing regulatory scrutiny where it might be socially valuable.\n- Predictability and small-fee items: Low, fixed charges for routine numbering-plan matters ($57) improve predictability and lower barriers for standard actions (Schedule 1, Part 2).\n\n**Implementation risks and administrative points to watch\n\n- Accuracy of invoices and timeliness of refunds where deposits exceed final charges (sections 9–13).\n- Potential disputes over the reasonableness of \"actual costs\" recovered for external consultants or third-party expenses.\n- Cash-flow impact on applicants for high-deposit items (protection zones, public inquiries, submarine cables).\n\n**Where to look in the Determination for detail**\n- Purpose and scope: section 6.\n- Hourly rate: section 8.\n- Refunds and deposit rules: sections 9–13.\n- Payment timing and invoicing rules: section 14.\n- Specific fees and categories: Schedule 1 (Parts 1–7).\n- Transitional arrangements preserving prior charges for existing applications: Part 3.\n\n(References in parentheses refer to the sections and Schedule 1 of the Determination.)"}},"importantCases":[],"_links":{"self":"/api/acts/telecommunications-charges-determination-2022","history":"/api/acts/telecommunications-charges-determination-2022/history","analysis":"/api/acts/telecommunications-charges-determination-2022/analysis","conflicts":"/api/acts/telecommunications-charges-determination-2022/conflicts","importantCases":"/api/acts/telecommunications-charges-determination-2022/important-cases","documents":"/api/acts/telecommunications-charges-determination-2022/documents"}}