{"id":"F2023L01635","name":"Telecommunications (Payment of Annual Carrier Licence Charge) Determination 2023","slug":"telecommunications-payment-of-annual-carrier-licence-charge-determination-2023","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":105007,"registerId":"commonwealth-F2023L01635-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"section","heading":"Preliminary","content":"#### Part 1—Preliminary\n\n#### 1 Name\n\n  This is the Telecommunications (Payment of Annual Carrier Licence Charge) Determination 2023.\n\n#### 2 Commencement\n\n  This instrument commences at the start of the day after the day it is registered on the Federal Register of Legislation.\n\n> Note: The Federal Register of Legislation may be accessed free of charge at [www.legislation.gov.au](http://www.legislation.gov.au).\n\n#### 3 Authority\n\n  This instrument is made under subsections 73(3) and (4) of the Telecommunications Act 1997.\n\n#### 4 Repeal of the Telecommunications (Payment of Annual Carrier Licence Charge) Determination 2014.\n\n  The Telecommunications (Payment of Annual Carrier Licence Charge) Determination 2014 (Registration No. F2014L01215) is repealed.\n\n#### 5 Definitions\n\n  In this instrument:\n\n> Act means the Telecommunications Act 1997.\n\n> annual charge has the meaning given by subsection 73(1) of the Act.\n\n> applicant means a person who has applied for a remission of the whole or a part of an amount of late payment penalty calculated in accordance with Part 3.\n\n> due date: see section 7.\n\n> GIC rate (short for general interest charge rate) means the rate determined under section 8AAD of the Taxation Administration Act 1953 and published by the Australian Taxation Office.\n\n> Note: The average of the GIC rates determined for each quarter is published by the Australian Taxation Office and accessible, free of charge, on its website at www.ato.gov.au.\n\n> late payment penalty has the meaning given by subsection 73(1) of the Act.\n\n> previous financial year average GIC rate means the rate worked out in accordance with Schedule 1.\n\n> Note: The expression ‘ACMA’ is defined in the Act.","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name","content":"#### 1 Name\n\n  This is the Telecommunications (Payment of Annual Carrier Licence Charge) Determination 2023.","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n  This instrument commences at the start of the day after the day it is registered on the Federal Register of Legislation.\n\n> Note: The Federal Register of Legislation may be accessed free of charge at [www.legislation.gov.au](http://www.legislation.gov.au).","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Authority","content":"#### 3 Authority\n\n  This instrument is made under subsections 73(3) and (4) of the Telecommunications Act 1997.","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"Repeal of the Telecommunications (Payment of Annual Carrier Licence Charge) Determination 2014.","content":"#### 4 Repeal of the Telecommunications (Payment of Annual Carrier Licence Charge) Determination 2014.\n\n  The Telecommunications (Payment of Annual Carrier Licence Charge) Determination 2014 (Registration No. F2014L01215) is repealed.","sortOrder":4},{"sectionNumber":"5","sectionType":"section","heading":"Definitions","content":"#### 5 Definitions\n\n  In this instrument:\n\n> Act means the Telecommunications Act 1997.\n\n> annual charge has the meaning given by subsection 73(1) of the Act.\n\n> applicant means a person who has applied for a remission of the whole or a part of an amount of late payment penalty calculated in accordance with Part 3.\n\n> due date: see section 7.\n\n> GIC rate (short for general interest charge rate) means the rate determined under section 8AAD of the Taxation Administration Act 1953 and published by the Australian Taxation Office.\n\n> Note: The average of the GIC rates determined for each quarter is published by the Australian Taxation Office and accessible, free of charge, on its website at www.ato.gov.au.\n\n> late payment penalty has the meaning given by subsection 73(1) of the Act.\n\n> previous financial year average GIC rate means the rate worked out in accordance with Schedule 1.\n\n> Note: The expression ‘ACMA’ is defined in the Act.","sortOrder":5},{"sectionNumber":"6","sectionType":"section","heading":"References to other instruments","content":"#### 6 References to other instruments\n\n  In this instrument, unless the contrary intention appears:\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    (b) a reference to any other kind of instrument is a reference to that other instrument as in force or existing from time to time.\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> Note 3: For paragraph (b), see section 589 of the Act.","sortOrder":6},{"sectionNumber":"Part 2","sectionType":"section","heading":"Due date for annual charge","content":"#### Part 2—Due date for annual charge\n\n#### 7 When annual charge is due and payable\n\n  For the purposes of subsection 73(3) of the Act, an annual charge is due and payable by a person 30 calendar days after the date specified on an invoice issued to the person by the ACMA (due date).","sortOrder":7},{"sectionNumber":"7","sectionType":"section","heading":"When annual charge is due and payable","content":"#### 7 When annual charge is due and payable\n\n  For the purposes of subsection 73(3) of the Act, an annual charge is due and payable by a person 30 calendar days after the date specified on an invoice issued to the person by the ACMA (due date).","sortOrder":8},{"sectionNumber":"Part 3","sectionType":"section","heading":"Late payment penalties","content":"#### Part 3—Late payment penalties\n\n#### 8 Late payment penalty payable\n\n(1) If any annual charge payable by a person remains unpaid after the due date, the person is liable to pay to the Commonwealth, by way of penalty, an amount calculated in accordance with this section.\n\n(2) The amount is calculated, for each day the charge remains unpaid from the due date, by multiplying the daily rate worked out by reference to the rate of late payment penalty mentioned in section 9 for the day by the sum of so much of the following amounts as remains unpaid:\n\n(a) annual charge; and\n\n(b) late payment penalty payable from previous days.\n\n#### 9 Rate of late payment penalty\n\nIn order to work out the daily rate referred to in subsection 8(2), the rate of late payment penalty is:\n\n(a) 20% per annum; or\n\n(b) if, for any day, the previous financial year average GIC rate is less than 20% per annum – the previous financial year average GIC rate.\n\n#### 10 Remission of late payment penalty\n\n  (1) Subject to subsection (5), the ACMA may remit the whole or a part of an amount of late payment penalty, on the ACMA’s own initiative or on receiving an application under subsection (2).\n  (2) A person may apply to the ACMA for remission of an amount of late payment penalty payable by the person.\n  (3) An application under subsection (2):\n\n(a) must be in writing; and\n\n(b) must specify the reasons why the applicant failed to pay the annual charge concerned by the due date; and\n\n(c) may include any other information that the applicant considers relevant.\n\n(4) The ACMA may ask the applicant, in writing, to give it additional information to allow it to make a decision in relation to the application.\n\nNote: If a person does not provide the additional information, the ACMA may make a decision based on the information available, noting the timeframe within which the ACMA must make the decision (see section 556 of the Act).","sortOrder":9},{"sectionNumber":"8","sectionType":"section","heading":"Late payment penalty payable","content":"#### 8 Late payment penalty payable\n\n(1) If any annual charge payable by a person remains unpaid after the due date, the person is liable to pay to the Commonwealth, by way of penalty, an amount calculated in accordance with this section.\n\n(2) The amount is calculated, for each day the charge remains unpaid from the due date, by multiplying the daily rate worked out by reference to the rate of late payment penalty mentioned in section 9 for the day by the sum of so much of the following amounts as remains unpaid:\n\n(a) annual charge; and\n\n(b) late payment penalty payable from previous days.","sortOrder":10},{"sectionNumber":"9","sectionType":"section","heading":"Rate of late payment penalty","content":"#### 9 Rate of late payment penalty\n\nIn order to work out the daily rate referred to in subsection 8(2), the rate of late payment penalty is:\n\n(a) 20% per annum; or\n\n(b) if, for any day, the previous financial year average GIC rate is less than 20% per annum – the previous financial year average GIC rate.","sortOrder":11},{"sectionNumber":"10","sectionType":"section","heading":"Remission of late payment penalty","content":"#### 10 Remission of late payment penalty\n\n  (1) Subject to subsection (5), the ACMA may remit the whole or a part of an amount of late payment penalty, on the ACMA’s own initiative or on receiving an application under subsection (2).\n  (2) A person may apply to the ACMA for remission of an amount of late payment penalty payable by the person.\n  (3) An application under subsection (2):\n\n(a) must be in writing; and\n\n(b) must specify the reasons why the applicant failed to pay the annual charge concerned by the due date; and\n\n(c) may include any other information that the applicant considers relevant.\n\n(4) The ACMA may ask the applicant, in writing, to give it additional information to allow it to make a decision in relation to the application.\n\nNote: If a person does not provide the additional information, the ACMA may make a decision based on the information available, noting the timeframe within which the ACMA must make the decision (see section 556 of the Act).","sortOrder":12}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"This is a routine annual/sunsetting instrument that replaces the 2014 version with substantively identical provisions. The scope remains limited to setting due dates and late payment penalties for carrier licence charges, which is precisely what the enabling legislation (Telecommunications Act 1997, s 73) authorises."},"complexity_factors":["Short instrument with only 10 operative sections plus Schedule 1 (not fully reproduced)","Only 7 defined terms in section 5, with straightforward definitions","Simple conditional logic in section 9 (if-then rate selection)","Daily compounding calculation in section 8(2) requires mathematical computation but is clearly expressed","Single cross-reference to external rate (GIC rate from Taxation Administration Act 1953)","No nested exceptions or complex procedural requirements","Remission process in section 10 follows standard administrative law template"],"plain_english_summary":"This law requires telecommunications carriers to pay annual licence fees to the ACMA within 30 days of the invoice and imposes a daily‑compounded penalty interest on late payments — 20% p.a. unless the lower government GIC rate applies. \n\nThe ACMA can remit or reduce penalties if a carrier applies in writing with reasons. It enforces timely funding for regulation while allowing relief for genuine hardship or error."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"The instrument repeals the Telecommunications (Payment of Annual Carrier Licence Charge) Determination 2014 (s 4) and restates rules on due date, late-payment calculation, penalty rate selection, and remission (ss 7–10). Mechanically it replaces the prior instrument; on the face of this text the scope remains confined to timing, penalty calculation and remission, but stakeholders must treat it as the operative instrument replacing the 2014 Determination."},"complexity_factors":["Cross-references to the Telecommunications Act 1997 for statutory authority and definitions (s 3 and definitions)","External dependence on the Taxation Administration Act 1953 GIC rate and calculation of a previous financial year average GIC rate (definitions; Schedule 1)","Daily accrual mechanism that applies penalty to both outstanding annual charge and previously accrued penalties (s 8(2)) creating compound growth","Two-tier penalty ceiling (fixed 20% p.a. vs previous financial year average GIC rate) requiring daily comparison (s 9)","Administrative discretion allowing ACMA to remit penalties on its own initiative or by application, with evidentiary and procedural steps for applicants (s 10(1)–(4))","Repeal of the 2014 Determination requiring stakeholders to track the new instrument as replacing prior rules (s 4)"],"plain_english_summary":"This instrument specifies when an annual carrier licence charge is payable (30 days after the date on an ACMA invoice), how daily late-payment penalties are calculated (20% p.a. or, if lower, the previous financial year average GIC rate), and allows the ACMA to remit whole or part of penalties on its own initiative or after an application. It also repeals the 2014 Determination. It matters to carriers because it sets cashflow deadlines, a compound-style penalty on unpaid amounts, and a regulatory discretion that can reduce penalties."},"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"}},"importantCases":[],"_links":{"self":"/api/acts/telecommunications-payment-of-annual-carrier-licence-charge-determination-2023","history":"/api/acts/telecommunications-payment-of-annual-carrier-licence-charge-determination-2023/history","analysis":"/api/acts/telecommunications-payment-of-annual-carrier-licence-charge-determination-2023/analysis","conflicts":"/api/acts/telecommunications-payment-of-annual-carrier-licence-charge-determination-2023/conflicts","importantCases":"/api/acts/telecommunications-payment-of-annual-carrier-licence-charge-determination-2023/important-cases","documents":"/api/acts/telecommunications-payment-of-annual-carrier-licence-charge-determination-2023/documents"}}