CTHRepealedAct
Telecommunications Act 1991
242DCollection of numbering charges
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##### 242D Collection of numbering charges
Definitions
(1) In this section:
> late payment penalty means an amount that is payable by way of penalty in accordance with a determination under subsection (3).
> numbering charge means a charge imposed by the Telecommunications (Numbering Charges) Act 1991.
When numbering charge due and payable
(2) A numbering charge is due and payable at the time ascertained in accordance with a written determination made by AUSTEL. The time must not be later than 15 June in the financial year in which the numbering charge is imposed.
Late payment penalty
(3) AUSTEL may, by written instrument, determine that, if any numbering charge payable by a person remains unpaid after the time when it became due for payment, the person is liable to pay the Commonwealth, by way of penalty, an amount calculated at the rate of:
(a) 20% per annum; or
(b) if the determination specifies a lower percentage—that lower percentage per annum;
on the amount unpaid, computed from that time.
Determination has effect
(4) A determination under subsection (3) has effect accordingly.
Remission of penalty
(5) A determination under subsection (3) may authorise AUSTEL to make decisions about the remission of the whole or a part of an amount of late payment penalty.
Payment of numbering charge and late payment penalty
(6) Numbering charge and late payment penalty are payable to AUSTEL on behalf of the Commonwealth.
Recovery of numbering charge and penalty
(7) Numbering charge and late payment penalty may be recovered by AUSTEL, on behalf of the Commonwealth, as debts due to the Commonwealth.
Payment into Consolidated Revenue Fund
(8) Amounts received by way of numbering charge or late payment penalty must be paid into the Consolidated Revenue Fund.
Withdrawal of number for non-payment of numbering charge
(9) If any numbering charge payable by a person in relation to a number remains unpaid after the time when it became due for payment, AUSTEL may, by written notice given to the person, withdraw the number. A number withdrawn under this subsection is taken to be recovered by AUSTEL in accordance with the national numbering plan.
Disallowable instrument
(10) A determination under subsection (2) or (3) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.