{"id":"C2004A05151","name":"Telecommunications (Universal Service Levy) Act 1997","slug":"telecommunications-universal-service-levy-act-1997","collection":"act","jurisdiction":"commonwealth","status":"repealed","isInForce":false,"actNumber":"53 of 1997","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":27213,"registerId":"commonwealth-C2004A05151-current","compilationNumber":null,"startDate":"2026-04-01","status":"Repealed","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Short title [see Note 1]","content":"#### 1 Short title \\[see Note 1\\]\n\n  This Act may be cited as the Telecommunications (Universal Service Levy) Act 1997.","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n  This Act commences on 1 July 1997.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Act to bind Crown","content":"#### 3 Act to bind Crown\n\n  This Act binds the Crown in right of each of the States, of the Australian Capital Territory, of the Northern Territory and of Norfolk Island.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Extension to external Territories","content":"#### 4 Extension to external Territories\n\n  This Act extends to each external Territory referred to in section 8B of the Telecommunications (Consumer Protection and Service Standards) Act 1999.","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Definition","content":"#### 5 Definition\n\n  In this Act:\n\n> participating person has the same meaning as in Part 2 of the Telecommunications (Consumer Protection and Service Standards) Act 1999.","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Imposition of levy","content":"#### 6 Imposition of levy\n\n  If a participating person has a levy debit balance for a claim period because of section 20S of the Telecommunications (Consumer Protection and Service Standards) Act 1999, levy is imposed on that balance.\n\n> Note: The last claim period will end on or before 30 June 2012: see section 8D of the Telecommunications (Consumer Protection and Service Standards) Act 1999.","sortOrder":5},{"sectionNumber":"7","sectionType":"section","heading":"Amount of levy","content":"#### 7 Amount of levy\n\n  The amount of a levy that this Act imposes on a levy debit balance for a claim period is equal to that balance.","sortOrder":6},{"sectionNumber":"8","sectionType":"section","heading":"Participating person liable to pay levy","content":"#### 8 Participating person liable to pay levy\n\n  Levy imposed on a participating person’s levy debit balance for a claim period is payable by the participating person.","sortOrder":7}],"analysis":{"kimi_summary":{"_metrics":{"model":"kimi-k2.5","source":"moonshot-batch","completionTokens":1716},"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The Act remains a narrow, technical statute focused solely on imposing the levy as originally intended. It has not expanded beyond its original purpose of creating the legal mechanism to collect universal service contributions from participating telecommunications companies."},"complexity_factors":["Extremely short statute (only 8 sections)","Single defined term ('participating person') that references external legislation","No nested exceptions or complex conditional logic","Purely mechanical operation: levy amount equals pre-calculated balance from another Act","No substantive calculations or administrative processes defined within this Act"],"plain_english_summary":"This Act creates a **tax-like payment (levy)** that certain telecommunications companies must pay to the government.\n\n**What it does:**\n- If a phone or internet company (called a \"participating person\" under another law) owes money calculated under the *Telecommunications (Consumer Protection and Service Standards) Act 1999* (referred to as a \"levy debit balance\"), this Act turns that calculation into a formal legal debt payable to the Commonwealth.\n- The amount owed is exactly equal to the balance calculated under the 1999 Act.\n\n**Who it affects:**\n- Telecommunications carriers and service providers designated as \"participating persons\" — typically larger telcos required to contribute to universal service funding.\n\n**Why it matters:**\n- This law provides the collection mechanism for funding universal service obligations (ensuring standard phone services remain available and affordable across Australia, including rural and remote areas).\n- The legislation notes that claim periods ended by 30 June 2012, meaning this levy applies only to historical obligations rather than current operations."},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The text of this Act is a narrowly focused imposition-of-liability instrument and contains no amendments, repeals or transitional provisions that alter its own scope. It binds the Crown and extends to specified Territories (ss3–4) and defers substantive definitions and mechanics to the Telecommunications (Consumer Protection and Service Standards) Act 1999 (s5, s6). There is no indication within the Act that its scope has been changed from what is expressed in these provisions."},"complexity_factors":["Very short statute with a narrow, mechanical function (impose levy equal to levy debit balance) (ss6–8).","Core terms and the triggering condition (levy debit balance; participating person) are defined or created in another Act, requiring cross-reference (s5, s6).","No procedural detail (calculation, invoicing, enforcement, dispute resolution) is contained here; implementation depends on external legislation, increasing practical complexity despite textual simplicity (s5, s6).","Coverage details (binding the Crown; extension to external Territories) add minor jurisdictional complexity (ss3–4).","Contains a timing note referencing the final claim period in the other Act, so temporal application depends on external rules (s6 note)."],"plain_english_summary":"This Act creates a simple, mechanically-applied levy on telecom industry participants when they have a “levy debit balance” that arises under another telecommunications law.\n\n- What the Act does, mechanically\n  - Imposes a levy on a participating person that has a levy debit balance for a claim period because of section 20S of the Telecommunications (Consumer Protection and Service Standards) Act 1999 (s6).\n  - Sets the amount of the levy equal to the levy debit balance (s7).\n  - Makes the participating person who has that levy debit balance responsible for paying the levy (s8).\n  - Uses the term participating person by reference to the definition in Part 2 of the Telecommunications (Consumer Protection and Service Standards) Act 1999 (s5).\n  - Binds the Crown in each State and the Territories, and extends to specified external Territories (s3, s4).\n  - Commenced on 1 July 1997 and is titled the Telecommunications (Universal Service Levy) Act 1997 (s1, s2).\n\n- Who pays and who decides\n  - The cost falls on a “participating person” who has a levy debit balance as defined under the other Act. This Act does not create discretion over the amount: it simply makes the levy equal to the balance (s6–s8).\n  - The Act relies on the separate provisions in the Telecommunications (Consumer Protection and Service Standards) Act 1999 to generate the levy debit balance and to define who is a participating person (s5, s6). This Act does not itself describe how levy debit balances are calculated, claimed, invoiced or enforced.\n\n- Why this matters and what it implies for incentives, costs and compliance\n  - Direct financial burden: participating persons carry the full cash cost of any levy debit balance because the levy amount equals that balance and is payable by them (s7–s8).\n  - No rate-setting discretion in this Act: the levy amount is a mathematical equal to the underlying debit balance, so the main levers over size and incidence lie in the referenced provisions of the other Act (s6, s7).\n  - Administrative dependency and implementation risk: this Act is narrowly focused on imposition and liability; it delegates definition and the mechanics that create levy debit balances to the Telecommunications (Consumer Protection and Service Standards) Act 1999. Any procedural detail (calculation, timing, collection, dispute resolution) depends on that other legislation and associated instruments (s5, s6 note).\n  - Compliance burden is financial rather than procedural in this Act: affected parties must pay the amount of the levy when they have a levy debit balance (s8). The Act does not specify exemptions, waivers or payment arrangements.\n  - Territorial and Crown coverage: the Act applies to Commonwealth, State and Territory Crown bodies and to external Territories specified in the other Act, so public-sector entities falling within the statutory definition can be liable (s3, s4, s5).\n\n- Trade-offs and points for implementers\n  - Concentration of cost: liability is concentrated on defined participants; this Act does not allocate burdens across a broader base itself — allocation depends on how the other Act establishes who is a participating person (s5–s8).\n  - Reliance on cross-references: effective operation requires consistent and accessible rules in the Telecommunications (Consumer Protection and Service Standards) Act 1999 for calculating levy debit balances and for collection. If those cross-referenced provisions change, the practical effect of this levy will change accordingly (s5, s6).\n  - Time-limited mechanics noted: the Act includes a note that the last claim period will end on or before 30 June 2012 as described in the other Act; the timing and duration of levy application therefore depend on that other Act (s6 note).\n\nSources: provisions of the Telecommunications (Universal Service Levy) Act 1997 cited above (ss1–8) and the cross-references to the Telecommunications (Consumer Protection and Service Standards) Act 1999 (s5, s6).\n"}},"importantCases":[],"_links":{"self":"/api/acts/telecommunications-universal-service-levy-act-1997","history":"/api/acts/telecommunications-universal-service-levy-act-1997/history","analysis":"/api/acts/telecommunications-universal-service-levy-act-1997/analysis","conflicts":"/api/acts/telecommunications-universal-service-levy-act-1997/conflicts","importantCases":"/api/acts/telecommunications-universal-service-levy-act-1997/important-cases","documents":"/api/acts/telecommunications-universal-service-levy-act-1997/documents"}}