Telecommunications Carrier Licence Charges (Specification of Costs by the ACMA) Determination 2024

The Determination uses a small set of concrete legal concepts drawn directly from the Carrier Licence Charges Act and from related telecommunications legislation. Primary concepts present in the instrument are:

• Specification of costs attributable to ACMA’s telecommunications functions and powers. The instrument determines a dollar amount representing the proportion of ACMA’s costs for the 2022-2023 financial year attributable to its telecommunications functions and powers, namely $13,860,811 (section 6). The instrument refers to the definitions of those phrases as set out in subsection 15(4) of the Act (section 5, note). The Determination therefore ties an aggregate ACMA cost figure to the statutory concept of “telecommunications functions and powers” in the Carrier Licence Charges Act.

• Recovery of the Commonwealth’s ITU contribution. The Determination specifies the amount of the Commonwealth’s contribution to the ITU budget for the 2023 calendar year that is to be recovered from carriers, $2,179,686 (section 7). That figure is intended to be recovered from carriers under the Carrier Licence Charges Act’s recovery mechanism (the instrument cites paragraph 15(1)(c) of the Act as its legal basis).

• Amounts paid under section 136C of the Telecommunications Act 1997. The instrument records that, for the 2022-2023 financial year, there were no amounts paid under s136C of the Telecommunications Act 1997 to be recovered from carriers (section 8). That finding is made for the purpose of paragraph 15(1)(ca) of the Carrier Licence Charges Act.

• Temporal references and scope. The instrument operates with different temporal anchors: the ACMA cost determination relates to the 2022-2023 financial year (section 6), the ITU contribution relates to the 2023 calendar year (section 7), and the instrument itself commences on 15 December 2024 and is repealed at the start of 1 July 2026 (sections 2 and 4). Those differing time horizons are embedded in the instrument’s determinations.

• Delegated/secondary law production. The Determination is made “under paragraphs 15(1)(a), (c) and (ca) of the Telecommunications (Carrier Licence Charges) Act 1997” (section 3). It is therefore an exercise of delegated statutory power to specify amounts that the primary Act requires be determined for recovery purposes.

The instrument does not specify apportionment rules, timing or invoice procedures for recovery, nor does it include enforcement or penalty provisions. Those mechanisms are left to the Carrier Licence Charges Act and any administrative processes of the ACMA. The instrument’s text repeatedly references the statutory provisions in the Act (for definitions and legal basis), signalling that the Determination is a numerical specification designed to feed into that established statutory recovery regime.

The Determination operates on the direct legal premise that the amounts specified are to be recovered from carriers under the Telecommunications (Carrier Licence Charges) Act 1997. The instrument itself names the Act as “the Act” (section 5) and cites the relevant paragraphs of that Act as its authority (section 3). Accordingly the affected parties, directly and indirectly, are:

• Carriers subject to the Carrier Licence Charges Act. The instrument specifies amounts “to be recovered from carriers” (section 7) and an amount “to be recovered from carriers” under paragraph 15(1)(a) by implication through the Act. Although the instrument does not define who is a “carrier” (that definition is in the Carrier Licence Charges Act), the financial consequence of the Determination is that carriers will bear the obligation to fund the specified aggregate amounts via the statutory recovery mechanism.

• The ACMA. ACMA is the relevant agency whose costs are the subject of the determination: the instrument identifies a proportion of ACMA’s costs for the 2022-2023 financial year as attributable to ACMA’s telecommunications functions and powers (section 6). That has budgeting and accounting effects within ACMA, and it is a basis for the statutory cost-recovery flow from carriers.

• The Commonwealth (central government budget). The instrument identifies the portion of the Commonwealth contribution to the ITU budget that is to be recovered from carriers (section 7). This changes the proportion of that Commonwealth expenditure that is ultimately borne by carriers rather than by the broader Commonwealth budget. The instrument also records zero amounts under s136C for the 2022-2023 year (section 8), which is a statement about Commonwealth payments during that period.

• Entities that contract with or depend on carriers. Because carriers will face an obligation to contribute to the aggregated amounts specified, downstream economic effects may fall on customers, resellers, or suppliers to carriers through price changes, cost-management or contractual reallocation. The instrument does not itself provide mechanisms or timing for such adjustments, but the imposition of collective monetary recoveries is the relevant economic fact.

• Auditors, accountants and compliance officers. The Determination creates specific dollar amounts tied to discrete fiscal/calendar years that will need to be accounted for in carriers’ financial reporting and in ACMA and Commonwealth reconciliations.

Who does not appear to be directly affected by this instrument are parties outside the statutory ambit of the Carrier Licence Charges Act, because the instrument’s determinations are framed explicitly as amounts to be recovered from carriers under that Act (sections 6-8). The instrument does not create new obligations on parties outside that statutory recovery scheme.

The Determination itself imposes no novel duties or rights beyond specifying aggregate dollar sums for recovery under the Carrier Licence Charges Act. The principal legal effect is to supply quantitative inputs the primary Act requires. The key duty and rights implications that can be drawn from the instrument’s text are these:

• Duty of carriers to fund the specified amounts. The instrument states that the ITU contribution amount and the ACMA-attributable cost amount are to be recovered from carriers (sections 6 and 7). The Determination supplies the aggregate amounts that carriers, collectively, will be required to fund under the statutory recovery regime established by the Carrier Licence Charges Act. The precise legal duty to pay, the timing of payment, the apportionment among carriers and any exemptions or offsets are not set out in the Determination and remain governed by provisions of the Act.

• Right to rely on statutory definitions. The Determination directs readers to the Carrier Licence Charges Act for key definitional matters, notably the meaning of “ACMA’s telecommunications functions” and “ACMA’s telecommunications powers” as defined in subsection 15(4) of the Act (section 5, note). Carriers and other interested parties have the right to interpret the Determination in light of those statutory definitions.

• Accounting and reporting duties. Because the instrument specifies amounts referencing particular accounting periods (the 2022-2023 financial year and the 2023 calendar year), ACMA and carriers will have duties under their separate statutory, accounting and audit obligations to recognise, reconcile and report those amounts in the appropriate reporting cycles. The Determination itself does not set reporting procedures, but it creates a numerical requirement for reconciliation.

• No penalty provisions within the Determination. The instrument contains no enforcement or penalty clauses. Any rights to appeal, dispute or seek review of the specified amounts, and any penalty for non-payment, would arise under the Carrier Licence Charges Act or other relevant legislation and administrative processes, not under this instrument. Practitioners and carriers should therefore consult the underlying Act for appeal and enforcement mechanics.

• Temporal duty implications. The Determination commences on 15 December 2024 and is repealed at the start of 1 July 2026 (sections 2 and 4). These dates create a bounded window during which the specified determinations are operational. Carriers should note that the Determination applies post-commencement and until repeal for the purpose of recovery under the Act; any obligations arising after repeal would depend on subsequent instruments or the primary Act.

The instrument’s primary function is therefore to create an administrative quantification that triggers duties created by the Carrier Licence Charges Act. It does not itself articulate procedural rights, dispute-resolution processes, or any apportionment formula among carriers.

The Determination contains no provisions establishing penalties, enforcement regimes, administrative sanctions or criminal offences. The text is a narrow specification of monetary amounts to be recovered under the Carrier Licence Charges Act; it does not itself set out enforcement mechanics. The relevant passages are sections 6-8 which set amounts, section 2 which sets commencement, and section 4 which sets repeal. There is no penal or enforcement language in the instrument.

Because enforcement and penalties are absent from the Determination, parties seeking to understand consequences for non-payment, the ACMA’s collection powers, late-payment interest, administrative sanctions or appeals must look to the Carrier Licence Charges Act and any related regulations or administrative instruments referenced by that Act. The Determination expressly positions itself within the framework of the Carrier Licence Charges Act by citing paragraphs 15(1)(a), (c) and (ca) as its authority (section 3) and by defining “the Act” to mean the Carrier Licence Charges Act (section 5). Therefore, any enforcement power, recovery procedure, interest provision, objection right, or prosecution would arise from the Act and the ACMA’s statutory powers, not from this Determination.

Practical consequences for carriers include:

• Risk of statutory collection action under the Carrier Licence Charges Act. Since this Determination supplies the aggregate amounts to be recovered, failure to comply with the recovery process prescribed in the Act may expose carriers to whatever enforcement mechanisms the Act provides. The Determination itself does not vary or set those mechanisms.

• No administrative remedies provided here. The Determination does not provide a process for carriers to challenge the specified figures within its text. Any challenge must therefore be pursued under the review or objection processes available under the Act or more general administrative law avenues.

• Audit and reconciliation. Enforcement may operate through audit or reconciliation processes administered by ACMA; however, the Determination does not specify those processes. Carriers should therefore consult the Act and ACMA guidance for applicable enforcement procedures.

In short, this document is a numerical input into a statutory recovery mechanism. The penalties and enforcement that give those numbers effect are external to the Determination and reside in the Carrier Licence Charges Act and the ACMA’s operational procedures.

The Determination explicitly situates itself as an instrument made under the Telecommunications (Carrier Licence Charges) Act 1997 and repeatedly references that Act (sections 3 and 5). It therefore interacts directly with that primary statute in a dependant and subordinate way. Specific interactions present in the text are:

• Carrier Licence Charges Act 1997. The Determination is made under paragraphs 15(1)(a), (c) and (ca) of the Act (section 3). It relies on subsection 15(4) for definitions of “ACMA’s telecommunications functions” and “ACMA’s telecommunications powers” (section 5, note). The figures specified in sections 6 and 7 are therefore inputs into the recovery process mandated by the Carrier Licence Charges Act. The Determination does not restate the Act’s charging formulas, apportionment rules, payment timelines, enforcement provisions or appeal rights , those remain in the Act and any associated subordinate instruments.

• Telecommunications Act 1997. The Determination expressly references section 136C of the Telecommunications Act 1997 in section 8, recording that there were no amounts paid under s136C during the 2022-2023 financial year for the purposes of paragraph 15(1)(ca) of the Carrier Licence Charges Act. That reference creates a legal interplay between payments under s136C (a provision of the Telecommunications Act) and recovery under the Carrier Licence Charges Act, at least insofar as section 15(1)(ca) of the Carrier Licence Charges Act contemplates the recovery of amounts paid under s136C.

• International obligations and budgeting. By specifying the ITU contribution portion to be recovered from carriers ($2,179,686, section 7), the Determination links domestic carrier charges to an international organisation’s budget. The instrument thus operationalises part of the Commonwealth’s international contribution as a cost to be borne by carriers under domestic law. This is an interaction between international obligations (the ITU contribution) and domestic cost-recovery mechanisms.

• Accounting and financial reporting regimes. The Determination uses discrete accounting periods (2022-23 financial year; 2023 calendar year) to fix amounts (sections 6 and 7). That choice interacts with statutory reporting cycles and financial accounting practices applicable to ACMA, carriers and the Commonwealth, though the Determination itself does not modify statutory reporting duties.

• Regulatory instruments. The Determination is a subordinate instrument; its legal force and operational effect depend on the Carrier Licence Charges Act and any regulations or administrative instruments issued under that Act. The Determination’s silence on procedural matters means those other instruments and ACMA practices will govern implementation.

In sum, the Determination functions as a numerical bridge between ACMA’s incurred costs, the Commonwealth’s ITU contribution and the Carrier Licence Charges Act’s cost-recovery framework. It references the Telecommunications Act 1997 where relevant (s136C) and thereby creates limited cross-legislative linkages centred on cost attribution and recovery; substantive recovery mechanics and enforcement remain located in the primary statutes and their administrative apparatus.

The instrument as provided contains no recorded amendments prior to the publication text and no history of past variants. The content shows that the instrument:

• Is named the Telecommunications Carrier Licence Charges (Specification of Costs by the ACMA) Determination 2024 (section 1).

• Commences on 15 December 2024 (section 2).

• Is made under paragraphs 15(1)(a), (c) and (ca) of the Telecommunications (Carrier Licence Charges) Act 1997 (section 3).

• Is repealed at the start of 1 July 2026 (section 4).

The text repeatedly restates the same name, commencement, authority, repeal and determinations multiple times. That repetition appears in the published text itself, without alteration to the substantive determinations in sections 6-8. The instrument does not indicate any prior instrument being amended or replaced by this Determination. There is no listed history of amendment such as “amended by” notes, nor is there any indication of transitional provisions affecting prior determinations.

The explicit repeal provision (repealed at the start of 1 July 2026, section 4) establishes a built-in sunset. That suggests the Determination was intended to be operative only for a discrete period (from 15 December 2024 to 1 July 2026), after which a new determination or instrument would be required to specify subsequent amounts for recovery. No successor instrument is recorded in the text.

Given the absence of an amendment trail in the instrument, practitioners requiring historical tracking of changes should rely on the official legislative database or the ACMA’s own administrative records to identify earlier or later determinations made under paragraph 15(1) of the Carrier Licence Charges Act. This instrument, as presented, contains only the single set of determinations for the stated years and the explicit repeal date; it does not itself contain amending text or transitional modifications.

The Determination contains no reference to litigation, judicial review, or any adjudicative proceedings. The instrument does not record any court decisions, appeals or legal challenges to its content. The text supplies monetary determinations (sections 6-8), commencement and repeal dates (sections 2 and 4), and definitional notes (section 5), but it is silent on any disputes or legal proceedings.

Practically, that means:

• There is no litigation history recorded within this instrument for parties to rely upon.

• Any challenges to the Determination would need to be brought under the general administrative law framework or the specific merits and judicial review provisions available under the Carrier Licence Charges Act and more general judicial review statutes. The Determination itself does not set out a review mechanism or record prior litigation outcomes.

• In the absence of recorded litigation, advisers should not infer settled judicial construction from the Determination’s text. Instead, they should consider the underlying Act and ACMA administrative practice when assessing legal risks and potential grounds for challenge.

Because the instrument operates as a subordinate statutory determination setting amounts for recovery, factual or legal disputes that could be litigated would likely concern the methodology for attributing ACMA costs, the proper calculation of the Commonwealth ITU contribution to be recovered from carriers, or the application of s136C payments. None of those methodologies or calculation rules are detailed in this instrument; any contestation of them would therefore implicate either the ACMA’s administrative processes or the primary Act’s provisions. The Determination itself does not document litigation or precedent.

The Determination is short and numerically specific, but several practical and legal pitfalls arise from the instrument’s form and content. These are matters parties should verify or anticipate because they can affect compliance, accounting and dispute risk.

• Aggregate figures without apportionment rules. Sections 6 and 7 specify aggregate amounts ($13,860,811 and $2,179,686 respectively) but do not allocate those amounts among individual carriers, nor do they state the apportionment method. The Carrier Licence Charges Act is the statutory source for allocation mechanics, but the Determination itself provides no guidance. Practitioners should note that aggregate specification does not equate to clarity on per-carrier billing. Verify the Act’s apportionment rules and ACMA billing methodology before preparing payments or client advice.

• Different temporal bases. The ACMA cost figure refers to the 2022-2023 financial year (section 6), the ITU amount to the 2023 calendar year (section 7), and the instrument itself commences on 15 December 2024 and ends at 1 July 2026 (sections 2 and 4). Those mismatched time frames may create reconciliation complexities for accountants and auditors. Carriers should check which reporting period the Act requires payments to be treated against and whether retrospective adjustments or carry-forwards apply.

• Repeal date shortens operational window. The Determination is repealed at the start of 1 July 2026 (section 4). Any charges or recovery actions effective after that date would need a subsequent determination or statutory mechanism. Carriers should anticipate a new determination to succeed this instrument and plan for possible changes.

• Absence of enforcement and dispute-resolution detail. The instrument is silent on remedies, appeals, interest on unpaid amounts or penalties. Those are governed by the Carrier Licence Charges Act. Parties should not assume enforcement practices from this Determination and should instead consult the Act and ACMA guidance to understand procedural rights and liabilities.

• Repeated text and drafting duplications. The instrument repeats the name, commencement, authority and repeal provisions multiple times verbatim in the published text. That repetition could cause administrative confusion or raise questions about drafting quality should the figures be contested. Legal advisers may want to seek clarifying administrative materials from ACMA where the duplication could give rise to interpretive arguments.

• s136C statement may mask later changes. Section 8 records that "there were no amounts paid under section 136C of the Telecommunications Act 1997 during the 2022-2023 financial year." If subsequent accounting reveals a payment or adjustment under s136C, the absence of an amount in this Determination could require a further instrument or adjustment. Parties should confirm ACMA and Commonwealth records if s136C exposure is anticipated.

• Scope of “ACMA’s telecommunications functions and powers.” The Determination relies on definitions found in subsection 15(4) of the Carrier Licence Charges Act (section 5, note). Disputes about the proper scope of those functions and powers could affect whether particular ACMA activities are properly attributable to the telecommunications component. The Determination assumes those statutory definitions but does not engage in argument about boundaries.

• Practical cashflow impacts. The aggregate sums are not trivial. Collectively, carriers will face a financial obligation to fund the figures specified. The Determination does not specify timing of invoices or instalments. Carriers should budget for potential immediate or retrospective reconciliations once ACMA publishes apportionments.

These "gotchas" arise from what the instrument explicitly states and what it leaves to the Carrier Licence Charges Act and ACMA administrative practice. The Determination is precise about totals but deliberately compact about process.

Complying with the legal and administrative effects of this Determination requires attention to both the instrument’s specified figures and the underlying statutory framework referenced in the text. The Determination fixes aggregate amounts to be recovered from carriers (sections 6 and 7) and records no s136C payments for 2022-2023 (section 8); it commences 15 December 2024 and is repealed 1 July 2026 (sections 2 and 4). Practical compliance steps for carriers, advisers, accountants and compliance officers are:

1. Confirm carrier status under the Carrier Licence Charges Act. The Determination presumes recovery from “carriers” as defined in the Act (section 5, definition note). Entities should confirm whether they are within that statutory definition, including any exemptions or threshold rules in the Act.

2. Consult the Carrier Licence Charges Act for allocation and payment procedures. The Determination provides aggregate amounts only. For apportionment formulas, invoicing cycles, payment due dates, penalty interest and enforcement, consult the primary Act and any ACMA guidance or regulation that implements the recovery mechanism referenced by paragraphs 15(1)(a), (c) and (ca).

3. Reconcile accounting periods. Note the mismatch of periods: ACMA cost attribution for 2022-2023 (section 6) and ITU contribution for the 2023 calendar year (section 7). Align internal accounting and audit treatments with the periods specified, and determine whether amounts will be treated as current liabilities or require retrospective adjustments in financial statements.

4. Budget for aggregate charges. Although per-carrier amounts are not specified, the aggregate figures are known: $13,860,811 (ACMA telecom attributable costs) and $2,179,686 (ITU contribution) (sections 6-7). Carriers should estimate potential per-carrier exposure based on their share under the Act’s apportionment regime to ensure cashflow readiness.

5. Verify s136C exposure. Section 8 reports no amounts paid under s136C in 2022-2023. Carriers should confirm with ACMA or the Commonwealth whether any subsequent adjustments or late recognitions under s136C will alter that position.

6. Monitor ACMA communications and invoices. The Determination is a number-setting instrument; ACMA will be the administrative actor implementing recovery. Expect ACMA publications, invoices or policy statements that translate the aggregate figures into carrier-specific bills. Keep records of all communications for compliance and challenge purposes.

7. Prepare for possible review or objection. The Determination does not set out appeal rights. If a carrier disputes apportionment, invoice amounts or ACMA methodology, pursue the internal objection processes in the Act or administrative avenues, and preserve evidence for any merits review or judicial review. Timely action is critical given the instrument’s repeal date (1 July 2026).

8. Recordkeeping and audit trail. Retain documentation tying payments or reconciliations to this Determination (sections 6-8), including ACMA invoices and any calculations used to apportion the aggregate amounts. This helps in subsequent audits and in resolving any retrospective adjustments.

9. Coordinate with finance and legal teams. Ensure legal, regulatory and finance advisers collaborate to interpret the Act’s apportionment rules, to model payment scenarios based on likely allocation, and to align tax, accounting and regulatory filings.

10. Watch for successor determinations. Because this Determination expires on 1 July 2026 (section 4), carriers should track ACMA and Departmental announcements for replacement determinations or changes to recovery methodology, and plan for transition effects.

Carriers and their advisers should treat this Determination as a fixed input into a statutory cost-recovery process. Compliance is therefore not just payment of sums, but also engagement with the Carrier Licence Charges Act and with ACMA’s administrative implementation of the recovery regime.