Telecommunications (Charges) Determination 2022

The Determination rests on a small set of interlocking concepts: statutory authorisation, defined chargeable matters, charging bases, hourly rate calculation, deposits and reconciliation, timing of payment, and transitional protections.

Statutory authorisation: the ACMA’s power to make the Determination is subsection 60(1) of the ACMA Act. Section 6 of the instrument restates that the Determination fixes charges for services provided by ACMA and matters in relation to which ACMA incurs expenses under the Acts specified in subsection 60(1), including the Telecommunications Act (s 6(1)-(2)).

Chargeable matters and catalogue approach: Schedule 1 is the operative catalogue. Each item links a discrete matter (application type, request type, or ACMA activity) to a charging model and amount (see Schedule 1, Parts 1-7). The catalogue distinguishes types of applications (e.g. nominated carrier declarations, numbering allocations, facility installation permit applications, protection zone requests, submarine cable permits, certification statements) and applies bespoke charging rules to each.

Charging bases: three charging bases appear repeatedly:

• Fixed dollar charges (for example, $2,365 for nominated carrier declaration in item 1.1; $57 for many numbering applications in item 2.1-2.3).
• Hourly rate for ACMA official activity where the time of staff is the cost driver (items cited throughout e.g. 3.2, 4.2, 5.3, 7.1; and prescribed hourly rate in s 8).
• Actual costs for outsourced or external expenses (explicit in items 4.3, 5.4, 6.5 , “actual costs”).

Hourly rate mechanics: s 8 defines the hourly rate as $239 per completed hour and a pro rata proportion for parts of an hour. This is the charging unit whenever Schedule 1 instructs “hourly rate”.

Deposits and reconciliation: multiple application types require a deposit to be paid on lodgement (e.g. facility installation permit deposit $9,632, item 3.1; public inquiry deposit $60,686 item 4.1; protection zone deposits $170,527 and $144,117 items 5.1-5.2; submarine cable deposit $25,000 item 6.4). Sections 10-13 provide the mechanics that allow the ACMA to deduct amounts from deposits where the ACMA’s time or costs fall below the deposit, or to require applicants to pay the difference if costs exceed the deposit (ss 10(2)-(3), 11(2)-(3), 12(2)-(3), 13(2)-(3)). Section 14(1)(d) cross-refers to how top-ups for excess costs are invoiced and when they are payable.

Timing rules and invoicing: s 14 sets which charges are payable at lodgement, which are payable on invoice, and specific timings for public inquiry deposits (s 14(1)(a)-(c)). It also makes clear that charges payable at the hourly rate or on an actual-cost basis are payable by the due date specified in the ACMA invoice (s 14(1)(f)). For Registration to use the ACMA’s electronic system for enhanced rights of use matters, charge liability is to the person registering to use the system immediately before registration (s 14(2)).

Refunds and application rejection: s 9 requires ACMA to refund the numbering-plan application charge in item 2.1 where ACMA decides not to approve the application. The instrument does not otherwise prescribe detailed refund regimes beyond the deposit reconciliation rules in ss 10-13 and the specific refund in s 9.

Interplay with other instruments: many definitions and processes are anchored in other instruments, most prominently the Telecommunications Numbering Plan 2025 and provisions of the Telecommunications Act (definitions of carriage service provider, carrier, facility installation permit, and the Schedule 3 / Schedule 3A mechanisms). The Determination flags that if the numbering plan is replaced by a later instrument, references follow that later instrument (s 4, definition of “numbering plan”).

Transitional structure: Part 3 (ss 15-17) adjusts treatment of pre‑commencement applications, payments and deposits where later amendments change amounts or the hourly rate. These transitional clauses preserve the charging position for applications lodged before an amendment day and keep deposit reconciliation rules intact for deposits paid before commencement.

Together, these concepts form a tariff framework that converts ACMA’s resource usage (time, external cost) and certain administrative transactions into payable amounts under specific payment and reconciliation rules.

The Determination names the persons or entities who must pay the charges and those whose actions trigger charges. Primary payers are applicants and requesting persons who lodge applications or requests with ACMA under the Telecommunications Act or the numbering plan, and persons registering to use ACMA’s electronic system in relation to enhanced rights of use matters.

Specifically:

• Carriage service providers and carriers: the instrument uses definitions from the Telecommunications Act (see s 4) so many of the Schedule 1 items will be payable by carriers and carriage service providers when they apply for nominated carrier declarations (item 1.1), register to use the numbering system (item 2.2), or apply for facility installation permits and related matters (Parts 3-4). The Schedule and definitions mean standard industry participants are directly exposed to these charges.
• EROU applicants and EROU‑holders: item 2.3 targets registration to use the electronic system for EROU applicants and EROU‑holders (Schedule 1 Part 2). Section 14(2) makes the charge payable by the person registering to use the electronic system immediately before registration.
• Applicants for numbering allocations: entities that apply for geographic numbers or standard units under the numbering plan are liable for the $57 allocation/application fees in item 2.1 when applicable (Sch 1 Part 2).
• Applicants or requesting persons for protection‑zone actions: persons who request the ACMA declare, vary or revoke a protection zone (Schedule 1 Part 5 items 5.1-5.4) are liable for substantial deposits and possible additional charges calculated at staff hourly rates or actual external costs.
• Applicants for submarine cable installation permits: parties (often carriers or cable owners/operators) seeking protection zone installation permits or non‑protection zone installation permits are chargeable under Schedule 1 Part 6, including fixed fees per cable and a $25,000 deposit for non‑protection zone installation permit applications (items 6.1-6.6).
• Applicants for facility installation permits and those subject to public inquiry: parties seeking facility installation permits face deposits and potential hourly/actual-cost charges (Schedule 1 Parts 3-4).
• Certification bodies: where ACMA officials act in connection with providing a written statement under paragraph 408(5)(a) of the Telecommunications Act (labelling/certification), item 7.1 applies and the ACMA charges at the hourly rate.

Who pays and when: s 14 sets which charges must be paid at application lodgement (for example items 1.1, 2.2, 3.1, 5.1, 5.2, 6.1-6.4, 6.6), which are due on invoice, and which are payable within specified days after notification to hold a public inquiry (s 14(1)(a)-(c), (d)-(f)). For applications made under particular parts of the numbering plan, s 14(1)(b) cross-references subsections of the numbering plan governing timing for payment (subsections 48(6) and 53(6) of the numbering plan).

Indirectly affected parties include consultants, venues and advertising suppliers: the instrument explicitly allows the ACMA to recover external costs (item 5.4, 4.3, 6.5) and lists likely categories such as advertising, venue hire, catering and consultation costs (Schedule 1 Part 5 item 5.4). These suppliers may be paid through ACMA processes but the ultimate payer is the applicant or requesting person for the relevant matter.

Entities with budgetary exposure must therefore consider three cost blocks: fixed fees (dollar amounts listed in Schedule 1), billable ACMA time at the hourly rate ($239 per hour, s 8), and variable external costs (actual costs). Applicants contemplating protection-zone processes, submarine cable permits, or public inquiries face particularly material exposure given the high deposit figures.

The Determination imposes payment duties on applicants and requesting persons and grants ACMA certain procedural powers to deduct from and reconcile deposits, impose invoiced charges, and refund in specified circumstances. It also preserves rights in relation to timing and transitional protections.

Primary duties:

• Pay specified charges: Applicants or requesting persons must pay the dollar amounts listed in Schedule 1 per the timing rules in s 14. Examples include paying the nominated carrier declaration application fee (Sch 1 item 1.1), numbering application fees (Sch 1 item 2.1), and deposits required for permit applications and protection zone requests (Sch 1 items 3.1, 4.1, 5.1-5.2, 6.4).
• Top-up or pay differences where actual costs exceed deposits: Under ss 10(3), 11(3), 12(3) and 13(3), if ACMA’s calculated charges (items 3.2, 4.2/4.3, 5.3/5.4, 6.5 respectively) exceed the deposit, the applicant must pay the difference when invoiced by ACMA in accordance with s 14(1)(d).
• Pay hourly-rate charges and actual costs on invoice by due date: s 14(1)(f) states that charges payable at the hourly rate or on the basis of actual costs are payable by the due date specified on ACMA’s invoice.

ACMA’s procedural rights:

• Deduct charges from deposits and refund any surplus: ss 10(2), 11(2), 12(2) and 13(2) require ACMA to deduct applicable amounts from deposits and refund the balance to the applicant where aggregate calculated expenses are less than the deposit.
• Refund specific fees where applications are not approved: s 9 mandates refund of the numbering-plan application charge (item 2.1) if ACMA decides not to approve the application.
• Invoice for and require payment of differences: the instrument contemplates invoicing and payment obligations for shortfalls and sets those invoicing timings under s 14.

Rights and protections for applicants:

• Transitional protections for pre‑amendment applications: Part 3 (ss 16-17) preserves the charging position for applications lodged or deposits paid before the commencement of the Amendment Determination 2025 (No.1). If a charge was a dollar amount before amendment and was paid before the commencement day, no additional charge is payable even if the item is amended (s 16(1)). If an application was made before commencement but the charge becomes due after commencement, the applicant continues to pay the old dollar amount (s 16(2)). Where the hourly rate was changed by amendment, applications in handling continue to be charged the old hourly rate if they were lodged before the commencement day (s 16(3)). Section 17 confirms deposit reconciliation rules continue to apply for deposits paid before commencement.
• Clear timing rules: s 14 specifies when payments must be made (on application, within seven days of notification of public inquiry intention, or by invoice due date) which gives a predictable framework.

Matters not addressed (express absences in the instrument):

• The Determination sets charging and refund rules but does not specify enforcement mechanisms for non‑payment such as penalties, interest on unpaid invoices, or statutory debt recovery processes; nor does it prescribe dispute resolution procedures beyond the refund instruction in s 9 and the invoicing/due date rules in s 14. Those mechanisms, if any, will be found in the ACMA Act or general Commonwealth debt collection practice rather than in this Determination. The instrument also does not alter the ACMA’s substantive decision‑making powers under the Telecommunications Act; it is confined to charging the ACMA’s costs.

Duties therefore attach mainly as financial obligations tied to the discrete application/request events, with ACMA empowered to reconcile deposits against incurred costs and to invoice for shortfalls.

The Determination itself primarily establishes charging rules and does not create express criminal offences, pecuniary penalties or specified enforcement processes within its text. Its enforcement architecture is limited to specifying when charges are payable, how deposits are to be reconciled, and ACMA’s obligation to refund in defined circumstances. The instrument therefore provides the billing, invoicing and refund framework; it does not, in its terms, set administrative sanctions, recovery procedures, interest on overdue payments, or debt collection mechanisms.

What the Determination does provide that is relevant to enforcement and collection:

• Invoice and due‑date framework: Section 14(1)(d)-(f) ties charging events to ACMA invoicing and makes hourly-rate and actual-cost charges payable by the due date specified on an invoice. That creates a contractual-style timing obligation for the applicant or requesting person to meet payment once invoiced.
• Deposit reconciliation and top‑up requirement: Sections 10-13 create an obligation to make up any shortfall where actual charges exceed the deposit, and ACMA is required to deduct lesser actual charges and refund differences. The obligation to pay the shortfall is explicit in s 10(3), s 11(3), s 12(3) and s 13(3).
• Refund requirement where application not approved: Section 9 requires ACMA to refund the numbering-plan application charge in item 2.1 if ACMA decides not to approve the application.

What the Determination does not provide:

• Remedies for non-payment: the text does not outline sanctions such as interest on late payments, suspension of processing, refusal of service, referral to the Commonwealth’s debt collection processes, or other recovery mechanisms. The absence of such text in the Determination means recovery and enforcement would rely on statutory powers or administrative practices outside this Determination (for example, ACMA’s powers under the ACMA Act or Treasury/Commonwealth debt recovery practice). The instrument itself does not identify those external powers.
• Criminal or pecuniary penalties: none are specified in the instrument for failure to pay the charges described in Schedule 1.

Practical enforcement implications from the statute text:

• Non-payment creates commercial and administrative risk for applicants because further steps (for example lodging or processing an application) may depend on the applicant having paid deposits or fees at the times specified in s 14(1)(a)-(c). The Determination expressly links many charges to the timing of lodgement or to the ACMA notifying intention to hold a public inquiry (s 14(1)(a)-(c)). If applicants do not comply with those payment triggers, ACMA’s procedural response is not specified within the Determination.
• Where actual costs exceed deposits, ACMA’s right to invoice a top‑up and the applicant’s duty to pay it on the invoice due date are expressly provided. Enforcement of such invoices will proceed under ACMA’s broader administrative and financial procedures, not under the Determination.

In sum, the Determination creates enforceable payment obligations by framing when charges must be paid, by requiring top‑ups where deposits are insufficient, and by imposing refund duties in limited circumstances. It leaves the mechanisms of enforcement beyond payment due dates to other statutory powers or administrative practice which are not set out in this instrument.

The Determination is explicitly interwoven with the ACMA Act, the Telecommunications Act 1997, and the Telecommunications Numbering Plan 2025. Its operation depends on definitions, application processes and substantive decision‑making that reside in those instruments. The instrument itself states the source of its power and the cross-references that determine charge triggers.

Statutory source and authorisation:

• The Determination is made under subsection 60(1) of the Australian Communications and Media Authority Act 2005; s 3 of the instrument records that authority and s 6 reiterates the general scope of subsection 60(1) (s 3; s 6(1)-(2)).

Interaction with the Telecommunications Act 1997:

• Many defined terms in the Determination rely on the Telecommunications Act definitions: carriage service provider (s 4 referencing s 87 of the Telecommunications Act), carrier (s 4 referencing s 7 of the Telecommunications Act), facility installation permits and Schedule 3 processes, and Schedule 3A protection‑zone mechanisms are all defined or described within the Telecommunications Act. Schedule 1’s items reference specific clauses or processes in Schedule 3 and Schedule 3A to the Telecommunications Act (e.g. items concerning facility installation permits and protection zone processes).
• The Determination charges are applied in relation to the ACMA’s performance of functions under the Telecommunications Act and instruments made under it (s 6(2)).

Interaction with the Telecommunications Numbering Plan 2025:

• The instrument defines “numbering plan” to mean the Telecommunications Numbering Plan 2025 (s 4), and several Schedule 1 items link charging to specific allocation processes under that plan (Schedule 1 Part 2 items 2.1-2.3). Section 14(1)(b) expressly cross-references subsections 48(6) and 53(6) of the numbering plan for timing of payment for applications under Parts 2 and 3 of Chapter 6 respectively.
• The instrument also contemplates that a later instrument made under subsection 455(1) of the Telecommunications Act may replace the numbering plan; the Determination’s references follow the later instrument (s 4 definition of numbering plan).

Interaction with other Commonwealth legislative instruments and practice:

• Section 5 provides that references to legislative instruments are to those instruments as in force from time to time, and references to other instruments are to them as in force at the commencement of this instrument. This means that the Determination’s cross-references will pick up future changes to legislative instruments unless the text indicates otherwise.
• The Determination itself does not set debt recovery or penalty rules; recovery and enforcement would therefore rely on the ACMA Act or Commonwealth financial rules and debt recovery practice outside this instrument.

Amendments and transitional interaction:

• The instrument contains Part 3 (ss 15-17) to manage the interaction of amendments (notably the Australian Communications and Media Authority (Charges) Amendment Determination 2025 (No.1) and other Amendment Determinations referenced in the endnotes) with applications and deposits made before the commencement of those amendments. Those transitional clauses preserve the applicant’s charging position as between the old and amended Schedule 1 entries and hourly rate (s 16(1)-(3); s 17). Endnotes 3-4 in the compilation identify specific amendment instruments and the points of interaction.

Operational dependencies:

• Where Schedule 1 refers to “actual costs” (for example item 4.3, 5.4, 6.5), the Determination links to external expenditure categories (advertising, venue hire, catering, travel, consultation) but does not set procurement or contracting rules for how ACMA incurs those costs. Such procurement and payment will proceed under the Commonwealth’s financial rules and ACMA’s own procurement processes.
• The Determination’s application depends on the ACMA performing statutory functions under other instruments (e.g. holding public inquiries under Schedule 3 clause 25(2) of the Telecommunications Act). The decision to hold a public inquiry is therefore governed by the Telecommunications Act and Schedule 3, with the Determination only governing the deposit and charging consequences.

In practical terms, the Determination implements a user‑pays charging overlay that dovetails with the ACMA’s substantive regulatory processes set out in the Telecommunications Act and the numbering plan. Users must therefore read the Determination alongside those instruments to understand liability, timing and procedural prerequisites.

The compilation includes explicit amendment information in Endnotes 3 and 4. The Determination was originally registered on 26 September 2022 and commenced 1 October 2022 (Endnote 3). Since that time multiple amendment instruments have been made and registered; the compilation shows how several provisions were amended up to the compilation date (9 August 2025).

Amending instruments recorded in the compilation (Endnote 3):

• Telecommunications (Charges) Amendment Determination 2025 (No.1), registered 22 March 2025, commenced 23 March 2025 (F2025L00411).
• Telecommunications (Charges) Amendment Determination 2025 (No.2), registered 4 April 2025, commenced 5 April 2025 (F2025L00483).
• Australian Communications and Media Authority (Charges) Amendment Determination 2025 (No.1), registered 8 August 2025, commenced 9 August 2025 (F2025L00911).

Provision‑level amendment notes (Endnote 4) list where sections and Schedule 1 items were amended and which amending instrument effected the change. Examples from the amendment history in the compilation:

• Section 4 (definitions) was amended by F2025L00411 (Endnote 4).
• Section 8 (hourly rate) was amended by F2025L00911 (Endnote 4).
• Schedule 1 entries were amended in several parts; specific items identified as amended by F2025L00911 include Schedule 1 Part 1 item 1.1, Part 3 item 3.1, Part 4 item 4.1, Part 5 items 5.1 and 5.2, and Part 6 items 6.1-6.3 and 6.6. Part 2 item 2.2 and 2.3 show amendment annotations referencing F2025L00411 and F2025L00483, with item 2.3 marked as a “misdescribed amendment not incorporated” (md not incorp) for F2025L00411 and subsequently amended by F2025L00483 (Endnote 4).
• Part 3 of the determination itself (the transitional arrangements) was repealed and substituted by F2025L00911 (Endnote 4 indicates “rs. F2025L00911” for Part 3).

Transitional protections are part of the Amendment Determination framework: Part 3 of this compilation (ss 15-17) was introduced to deal with applications or deposits made before the Amendment Determination 2025 (No.1) commencement day, so the amendment history affects which charges apply to in‑flight matters. Section 16 clarifies that if an application was lodged before an amendment and a dollar amount was paid, no additional charge arises after amendment (s 16(1)); it further protects the chargeable amount and hourly rate applicable to pre‑commencement applications (s 16(2)-(3)). Section 17 confirms deposit reconciliation for deposits paid pre‑commencement.

The amendment history entries in Endnote 4 identify which provisions were changed and by which instruments; the compilation therefore gives the necessary trail to track increases or reclassification of fees (for example, the raising of certain deposit amounts or the change to the hourly rate in s 8). Practitioners must consult the individual amendment instruments (F2025L00411, F2025L00483, F2025L00911) to see the specific policy text or regulation that effected each numerical change and the exact commencement dates that govern when transitional protections apply.

The compilation also contains editorial notes such as “md not incorp” indicating a misdescribed amendment that was not incorporated as originally drafted; item 2.3 shows that treatment. Where amendments were misdescribed but later fixed, the amendment history indicates the fixing instrument and status. The endnotes therefore provide both a record of changes and pointers to further inquiry when reconciling which fee schedule applied at a particular point in time.

The compilation provided contains no record of litigation or judicial consideration of this Determination. Endnotes 3 and 4 set out the legislative and amendment history, but do not list any cases or judicial decisions. The Determination’s text does not itself reference judicial decisions, nor does the compilation include a litigation or decision history section.

Practical implications of the absence of litigation history in the compilation:

• No precedent within the compilation constrains interpretation of ambiguous charging rules or deposit reconciliation mechanics; therefore, where the Determination is silent or unclear practitioners would need to rely on statutory interpretation principles, ACMA's administrative practice, or any relevant decisions under related instruments such as the Telecommunications Act or the numbering plan.
• Disagreements about the ACMA’s application of the Determination (for example, disputes about the calculation of “actual costs”, the application of the hourly rate, whether a deposit should be refunded, or the proper timing of payment) would be administered through ACMA’s internal processes and, if unresolved, could be amenable to administrative review or judicial review under the Administrative Decisions (Judicial Review) Act or other relevant judicial-review pathways. The Determination itself does not identify an internal appeal mechanism for charging disputes.
• The Determination’s refund obligation in s 9 (refund where ACMA decides not to approve a numbering-plan allocation application) is an explicit statutory duty that could be enforced through judicial review or civil proceedings if ACMA refused to refund; however, no such cases are recorded in this compilation.

For practitioners advising clients, the immediate takeaway is that there are no compilation-recorded cases to consult about contested application of these charging rules. Where disputes arise, they will need to analyse the Determination text, the cross‑referenced Telecommunications Act and numbering-plan instruments, and ACMA administrative records; if necessary, challenge the ACMA decision through available administrative-review or judicial-review channels that exist outside the Determination itself.

This Determination contains multiple practical traps for applicants and advisers. The “gotchas” below are grounded in the instrument text and flag where cost exposure, timing, or procedural detail can produce unexpected liabilities.

1. Deposits can be much larger than the headline fee and may be required on lodgement. Several high deposits are payable on application: facility installation permit deposit $9,632 (Sch 1 item 3.1), public inquiry deposit $60,686 (item 4.1), protection zone deposits $170,527 and $144,117 (items 5.1-5.2), and a $25,000 deposit for non‑protection submarine cable installation permit applications (item 6.4). Applicants must pay these amounts when the application or request is made (s 14(1)(a)), which can create immediate cashflow pressure.

2. Deposits are reconciled against ACMA time and external costs, and shortfalls must be paid on invoice. Sections 10-13 permit ACMA to deduct amounts chargeable under the relevant Schedule 1 items from deposits and require applicants to pay the difference where aggregate charges exceed the deposit (ss 10(3), 11(3), 12(3), 13(3)). The ACMA’s “activities of ACMA officials” are charged at the hourly rate (items 3.2, 4.2, 5.3, 7.1) so administrative time can accumulate quickly on complex matters.

3. External costs are recoverable as “actual costs” and may not be capped. Items such as 4.3 (public inquiry other expenses), 5.4 (external costs for protection zone requests), and 6.5 (external consultants for submarine cable permit consideration) state “actual costs”. Item 5.4 even lists categories (advertising, venue hire and catering, travel, consultation costs). The Determination does not set a cap on these actual costs; it only requires top‑up where the deposit is exceeded (s 14(1)(d)(iii) and ss 12-13). Applicants should assume external consultant, venue and advertising costs will be recoverable.

4. Hourly rate increments and part‑hour calculations may be granular. Section 8 sets $239 per completed hour and pro rata charges for parts of an hour. That means even a small completed hour can produce a full $239 increment; part‑hour rounding rules should be checked against ACMA billing practice to avoid surprises.

5. Timing of payment is strict and tied to specific events. Many charges are payable “when the application or request is made” (s 14(1)(a)). Public inquiry deposits must be paid within seven days of notification of the intention to hold a public inquiry (s 14(1)(c)). Charges payable at the hourly rate or on actual costs are payable by the due date on ACMA’s invoice (s 14(1)(f)). Late payment consequences are not set out in the Determination, but late or non‑payment may affect processing.

6. Registration‑to‑use charge nuance for EROU electronic system. Item 2.3 sets a $57 charge for registering to use the ACMA’s electronic system for enhanced rights of use matters; s 14(2) states the charge is payable by the person registering to use the electronic system immediately before registration. The amendment history shows item 2.3 has complex amendment treatment (Endnote 4 records a misdescribed amendment not incorporated then subsequent amendment). Practitioners should confirm which text applies and whether the person liable is the registrant “immediately before registration.”

7. Refund for numbering application only if ACMA “decides not to approve.” Section 9 requires a refund for the item 2.1 charge if ACMA decides not to approve the application. This narrowly phrased refund right may not extend to other chargeable matters or partial refusals; for example, it does not address refunds where an applicant withdraws or where a decision is made to approve only part of an application. Read s 9 carefully.

8. Amendment and transitional protection complexity. Part 3 (ss 15-17) protects applicants who lodged applications or paid deposits before commencement of an amendment. The protection means pre‑amendment applications may remain charged at the old dollar amount or hourly rate. Practitioners must check the amendment commencement day and whether applications were lodged or deposits paid before that date to understand which schedule applies.

9. “Actual costs” and the scope of recoverable external costs are loosely described. Item 5.4 includes examples but uses inclusive language “including, but not limited to,” which widens the scope of recoverable items. Applicants should budget for a broad set of external expenses connected to public consultation and protection-zone processes.

10. No enforcement text in this Determination on late payment or dispute resolution. The instrument lacks specific remedies or interest provisions for unpaid invoices. If a party disputes a charge, the Determination does not provide a specific internal dispute mechanism; resolution would need to rely on ACMA practice or external legal remedies. This creates legal risk and potential delay if the parties disagree about accounting for “actual costs” or staff time.

Address these gotchas by early budgeting, seeking clarity from ACMA on billing practice (e.g. rounding for partial hours, invoice timing), and assessing the likely scale of external consultation and public inquiry costs before lodging applications that trigger large deposits.

This section translates the Determination’s obligations into practical steps and a compliance checklist grounded in the instrument’s text.

Pre‑application checklist

• Identify the correct Schedule 1 item: Before lodging, map the application or request to the precise Schedule 1 item (Parts 1-7). The charge model differs by item (fixed fee, hourly rate, deposit plus reconciliation, actual costs). Misclassification will expose applicants to unexpected fees (see Schedule 1).
• Check definitions and cross‑references: Verify whether the application is governed by the Telecommunications Act, Schedule 3 or Schedule 3A processes, or the numbering plan. The Determination’s definitions in s 4 link many terms to those instruments (e.g. facility installation permit, protection zone, numbering plan).
• Estimate total cost exposure: For matters requiring deposits (items 3.1, 4.1, 5.1-5.2, 6.4), estimate ACMA official time at $239 per hour (s 8) and likely external costs (advertising, venue hire, consultant costs listed in item 5.4) to assess whether the deposit appears adequate or whether a top‑up is likely.

Payment and lodgement practice

• Pay required deposit or fee at lodgement where specified: Section 14(1)(a) mandates payment at lodgement for listed items (1.1, 2.2, 3.1, 5.1, 5.2, 6.1-6.4, 6.6). Ensure funds clear before or upon submission to avoid processing delay.
• For public inquiries, comply with the seven‑day rule: If ACMA notifies intention to hold a public inquiry, pay the public inquiry deposit within seven days (s 14(1)(c) and Schedule 1 item 4.1). Set internal deadlines to meet this tight timeline.
• For numbering plan allocation payments, observe the numbering plan payment timings: Section 14(1)(b) directs payment timing for Part 2 and Part 3 numbering-plan applications in accordance with subsections 48(6) and 53(6) of the numbering plan. Check the numbering plan for those payment rules.

Billing, invoices and follow‑up

• Track invoices and pay due dates: For hourly-rate or actual-cost charges, ACMA will invoice and payment is due per the invoice due date (s 14(1)(f)). Establish an accounts payable workflow that scans invoices from ACMA and pays by the listed due dates to avoid procedural consequences.
• Prepare for top‑up invoices: If ACMA’s aggregate charges exceed deposits, be prepared to receive an invoice for the difference and pay by the due date specified under s 14(1)(d) referencing the relevant subsection (10-13). Budget contingencies.

Recordkeeping and cost control

• Maintain time and cost records: Keep records of communications, project scopes and any ACMA invoices or supporting items showing how ACMA calculated “activities of ACMA officials” or “actual costs.” While the Determination does not set an internal audit process, such records are crucial if a dispute arises.
• Seek early scoping guidance: Where possible, request ACMA guidance on expected staffing time and likely external costs (venue, advertising) before lodging an application to inform whether alternative procedural options or staged approaches are more cost-effective.

Transitional matters and amendment awareness

• Check amendment commencement dates and transitional protection: If an amendment is impending or has recently occurred, use Part 3 (ss 15-17) to determine which schedule and hourly rate apply to an application or deposit paid before commencement. This is key where amendment instruments (Endnote 3 items) change dollar amounts or the hourly rate.
• Confirm current hourly rate: Section 8 sets the hourly rate and the compilation shows it has been amended (Endnote 4 indicates s 8 am. F2025L00911). Confirm the operative hourly rate at the time of processing for accurate budgeting.

Dispute and refund management

• Use s 9 refund right where applicable: If ACMA decides not to approve a numbering-plan application covered by item 2.1, the ACMA must refund the charge (s 9). If ACMA refuses to refund in that scenario, gather documentary evidence and raise the matter with ACMA’s accounts or legal division promptly.
• If there is disagreement over “actual costs” or time billed, lodge a formal request for itemisation and explanation with ACMA, contemporaneously preserve correspondence, and consider administrative review or legal advice if the dispute remains unresolved. The Determination itself does not provide a specific internal appeal mechanism.

Operational governance within organisations

• Assign a responsible officer: Appoint a person (e.g. regulatory manager or general counsel) to own ACMA application and payment processes, responsible for checking relevant charges, arranging deposits, and dealing with ACMA invoices.
• Incorporate charging risk into project approval and procurement: For projects that will require protection‑zone requests, submarine cable permits or public inquiries, include worst‑case ACMA charging scenarios in project cost approvals and procurement contracts with vendors or consultants.
• Contract clauses with third parties: Where external consultants or contractors are retained to respond to ACMA processes (e.g. consultation management, venue hire), include clauses that allocate responsibility for ACMA charge shortfalls and set processes for approval of additional external costs.

Practical template for a filing:

1. Pre‑lodgement: map the application to Schedule 1 item; calculate deposit; obtain board/financial approval.
2. Lodgement: pay deposit or fee at lodgement where required (s 14(1)(a)); retain proof of payment.
3. Post‑lodgement: track ACMA notifications (public inquiry intent triggers seven‑day payment rule s 14(1)(c)); request ACMA estimate of likely staff hours and external costs where practicable.
4. Invoicing: on receipt of invoice, verify time entries (hourly rate $239 per s 8) and external costs; respond to ACMA within internal dispute timeframe if discrepancies found.
5. Reconciliation: if deposit exceeds actual charges, expect a refund; if deposit is insufficient, pay the invoiced difference by the due date (s 14(1)(d)-(f)).
6. Record retention: keep payment records, ACMA correspondence, invoices, and calculations for a minimum period consistent with organisational document-retention policy.

Following these steps will align internal processes with the Determination’s payment triggers, reconciliation mechanics and transitional protections.