Commonwealth act

Telecommunications (Numbering Charges) Act 1997

In ForceCTH

Jurisdiction

Commonwealth

Act Number

51 of 1997

Collection

act

Plain English Summary

4/10 complexity

This Act requires carriage service providers to pay fees when telephone numbers are are allocated to them and an annual holding charge for numbers they hold. The ACMA sets or determines the amounts (or applies the 'eligible amount' from the Telecommunications Act), may exempt numbers by written determination, and each charge is capped at $100,000; geographic numbers used for standard telephone service are exempt. The law affects providers that receive, transfer, port, hold, surrender or withdraw numbers.

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What it does

This Act creates a statutory charge regime attaching to telephone numbers allocated to carriage service providers and a recurring annual charge for numbers that are held by those providers. The Act distinguishes two allocation contexts. First, where a number is allocated in accordance with an allocation system as defined by section 463 of the Telecommunications Act 1997, the allocation charge is the "eligible amount" determined under that section and is imposed on allocation (see ss 6-9). Second, where a number is allocated otherwise than under an allocation system, the Australian Communications and Media Authority (ACMA) determines the allocation charge by written determination; such determinations are legislative instruments and are subject to the monetary cap in s 14 ($100,000) (see ss 10-15).

Separately, the Act imposes an annual charge on any allocated number held by a carriage service provider on a day chosen each year by the ACMA. The ACMA must determine a day in April annually and publish that determination in the Gazette; numbers held at the beginning of that day attract the annual charge imposed on the holder (see ss 16-20). The amount of the annual charge is likewise set by ACMA written determination (a legislative instrument) and cannot exceed $100,000 (see ss 20-21). The Act provides narrow exemptions: geographic numbers allocated for provision of standard telephone service to a customer are exempt from both allocation and annual charges (ss 15(1), 22(1)). ACMA may further exempt specified numbers by written determination (ss 15(2), 22(2)), and those determinations are legislative instruments (ss 15(3), 22(3)).

Mechanically, the Act places payment liability on the carriage service provider who is allocated or holds the number (ss 8, 12, 19). Definitions and rules affecting allocation, transfer, surrender, withdrawal and porting are referenced to the Telecommunications Act 1997 or to rules published by a numbering scheme manager if one exists (s 5 and s 5A). The Act binds the Crown (s 3), extends to eligible Territories (s 4), and has staged commencement: Parts 2 and 3 (the charge rules) commenced 1 July 1997 (s 2).

Current sections

Direct links to the current provisions in Telecommunications (Numbering Charges) Act 1997.

Part 1

Introduction

Part 1—Introduction

Short title

1 Short title

This Act may be cited as the Telecommunications (Numbering Charges) Act 1997.

Commencement

2 Commencement

(1) Parts 1 and 4 commence on the day on which this Act receives the Royal Assent. (2) Parts 2 and 3 commence on 1 July 1997.

Act to bind Crown

3 Act to bind Crown

This Act binds the Crown in right of each of the States, of the Australian Capital Territory and of the Northern Territory.

Extension to eligible Territories

4 Extension to eligible Territories

(1) This Act extends to each eligible Territory. (2) The operation of this Act in relation to Norfolk Island is not affected by the amendments made by Division 1 of Part 1 of Schedule 5 to the Territories Legislation Amendment Act 2016.

Interpretation

5 Interpretation

In this Act:

ACMA means the Australian Communications and Media Authority.

allocation, in relation to a number, means the allocation of the number in accordance with:

(a) an allocation system; or
(b) the rules and processes published by the numbering scheme manager; or
(c) if there is no numbering scheme manager—the numbering plan made by the ACMA.

allocation system means a system determined under section 463 of the Telecommunications Act 1997.

carriage service provider has the same meaning as in the Telecommunications Act 1997.

eligible Territory has the same meaning as in the Telecommunications Act 1997.

number has the same meaning as in Division 2 of Part 22 of the Telecommunications Act 1997.

numbering plan has the same meaning as in the Telecommunications Act 1997.

numbering scheme manager has the same meaning as in the Telecommunications Act 1997.

ported, in relation to a number issued to a customer for a carriage service, means that the carriage service provider or the carrier network involved in providing the service, or both, is changed while the customer continues to receive the carriage service using the number.

standard telephone service has the same meaning as in the Telecommunications Act 1997.

surrendered, in relation to a number, means surrendered in accordance with:

(a) the rules and processes published by the numbering scheme manager; or
(b) if there is no numbering scheme manager—the numbering plan made by the ACMA.

transferred has the meanings given by section 5A.

withdrawn, in relation to a number, means withdrawn in accordance with:

(a) the rules and processes published by the numbering scheme manager; or
(b) if there is no numbering scheme manager—the numbering plan made by the ACMA.

Meaning of transferred

5A Meaning of transferred

(1A) A number is transferred if it is transferred in accordance with: (a) the rules and processes published by the numbering scheme manager; or (b) if there is no numbering scheme manager—the numbering plan made by the ACMA. (1) A number is transferred between 2 carriage service providers when the number is ported from one of the providers to the other provider. (2) Two carriage service providers may enter into a binding written agreement that provides that a number is transferred from one of them to the other. The carriage service providers must jointly give the ACMA written notice of the transfer, and also give the notice to the numbering scheme manager if there is one. The transfer takes effect on the later of the following: (a) the day on which the notice is given to the ACMA; (b) another day specified in the notice. (3) A number is transferred at the time worked out under subsection (1), and not at the time worked out under subsection (2), if the number is ported from one carriage service provider to another when: (a) an agreement described in subsection (2) and relating to the number is in force; or (b) a notice relating to the number has been given as described in that subsection.

Part 2

Allocation charges

An Act to impose charges in relation to numbers allocated to certain carriage service providers under the Telecommunications Act 1997

Part 1—Introduction

1 Short title

This Act may be cited as the Telecommunications (Numbering Charges) Act 1997.

2 Commencement

(1) Parts 1 and 4 commence on the day on which this Act receives the Royal Assent. (2) Parts 2 and 3 commence on 1 July 1997.

3 Act to bind Crown

This Act binds the Crown in right of each of the States, of the Australian Capital Territory and of the Northern Territory.

4 Extension to eligible Territories

5 Interpretation

In this Act:

ACMA means the Australian Communications and Media Authority.

allocation, in relation to a number, means the allocation of the number in accordance with:

(a) an allocation system; or
(b) the rules and processes published by the numbering scheme manager; or
(c) if there is no numbering scheme manager—the numbering plan made by the ACMA.

allocation system means a system determined under section 463 of the Telecommunications Act 1997.

carriage service provider has the same meaning as in the Telecommunications Act 1997.

eligible Territory has the same meaning as in the Telecommunications Act 1997.

number has the same meaning as in Division 2 of Part 22 of the Telecommunications Act 1997.

numbering plan has the same meaning as in the Telecommunications Act 1997.

numbering scheme manager has the same meaning as in the Telecommunications Act 1997.

ported, in relation to a number issued to a customer for a carriage service, means that the carriage service provider or the carrier network involved in providing the service, or both, is changed while the customer continues to receive the carriage service using the number.

standard telephone service has the same meaning as in the Telecommunications Act 1997.

surrendered, in relation to a number, means surrendered in accordance with:

(a) the rules and processes published by the numbering scheme manager; or
(b) if there is no numbering scheme manager—the numbering plan made by the ACMA.

transferred has the meanings given by section 5A.

withdrawn, in relation to a number, means withdrawn in accordance with:

(a) the rules and processes published by the numbering scheme manager; or
(b) if there is no numbering scheme manager—the numbering plan made by the ACMA.

5A Meaning of transferred

Part 2—Allocation charges

Division 1—Allocation in accordance with an allocation system

6 Definition of charge

In this Division:

charge means charge imposed by this Division.

7 Imposition of charge

If a number is allocated to a carriage service provider in accordance with an allocation system, charge is imposed on the allocation of the number to the provider.

8 By whom charge payable

Charge imposed on the allocation of a number to a carriage service provider is payable by the provider.

9 Amount of charge

The amount of charge imposed on the allocation of a number is equal to the amount that is the eligible amount in relation to the allocation of the number for the purposes of section 463 of the Telecommunications Act 1997.

Division 2—Allocation otherwise than in accordance with an allocation system

10 Definition of charge

In this Division:

charge means charge imposed by this Division.

11 Imposition of charge

If a number is allocated to a carriage service provider otherwise than in accordance with an allocation system, charge is imposed on the allocation of the number to the provider.

12 By whom charge payable

Charge imposed on the allocation of a number to a carriage service provider is payable by the provider.

13 Amount of charge

(1) The amount of charge imposed on the allocation of a number is the amount ascertained in accordance with a written determination made by the ACMA. (2) A determination under subsection (1) is a legislative instrument.

14 Maximum charge

The amount of charge imposed on the allocation of a number must not exceed $100,000.

15 Exemption from charge

(1) A number is exempt from charge if the number is a geographic number allocated to a carriage service provider for the purposes of providing a standard telephone service to a customer. (2) The ACMA may, by written determination, exempt a specified number from charge.

Note: For specification by class, see subsection 13(3) of the Legislation Act 2003.

(3) A determination under subsection (2) is a legislative instrument.

Part 3—Annual charge

16 Definition of charge

In this Part:

charge means charge imposed by this Part.

17 Holder of a number

(1) For the purposes of this Part, if a number is allocated or transferred to a carriage service provider at a particular time, the provider holds the number throughout the period: (a) beginning at that time; and (b) ending when: (i) the number is subsequently withdrawn; or (ii) the number is subsequently surrendered; or (iii) the number is subsequently transferred from the provider to another carriage service provider; whichever first happens. (2) For the purposes of this section, the renumbering of a number does not affect the continuity of the holding of the number.

18 Imposition of charge

(1) If a carriage service provider holds an allocated number at the beginning of a day determined under subsection (2), charge is imposed on the number. (2) Before 16 February in each year, the ACMA must determine in writing a day in April in that year. (3) The ACMA must publish the determination in the Gazette before the day determined.

19 By whom charge payable

Charge imposed on a number is payable by the carriage service provider who holds the number.

20 Amount of charge

(1) The amount of charge imposed on a number held at a particular time is the amount ascertained in accordance with a written determination made by the ACMA. (2) A determination under subsection (1) is a legislative instrument.

21 Maximum charge

The amount of charge imposed on a number held at a particular time must not exceed $100,000.

22 Exemption from charge

Note: For specification by class, see subsection 13(3) of the Legislation Act 2003.

Division 1

Allocation in accordance with an allocation system

An Act to impose charges in relation to numbers allocated to certain carriage service providers under the Telecommunications Act 1997

Part 1—Introduction

1 Short title

This Act may be cited as the Telecommunications (Numbering Charges) Act 1997.

2 Commencement

(1) Parts 1 and 4 commence on the day on which this Act receives the Royal Assent. (2) Parts 2 and 3 commence on 1 July 1997.

3 Act to bind Crown

This Act binds the Crown in right of each of the States, of the Australian Capital Territory and of the Northern Territory.

4 Extension to eligible Territories

5 Interpretation

In this Act:

ACMA means the Australian Communications and Media Authority.

allocation, in relation to a number, means the allocation of the number in accordance with:

(a) an allocation system; or
(b) the rules and processes published by the numbering scheme manager; or
(c) if there is no numbering scheme manager—the numbering plan made by the ACMA.

allocation system means a system determined under section 463 of the Telecommunications Act 1997.

carriage service provider has the same meaning as in the Telecommunications Act 1997.

eligible Territory has the same meaning as in the Telecommunications Act 1997.

number has the same meaning as in Division 2 of Part 22 of the Telecommunications Act 1997.

numbering plan has the same meaning as in the Telecommunications Act 1997.

numbering scheme manager has the same meaning as in the Telecommunications Act 1997.

ported, in relation to a number issued to a customer for a carriage service, means that the carriage service provider or the carrier network involved in providing the service, or both, is changed while the customer continues to receive the carriage service using the number.

standard telephone service has the same meaning as in the Telecommunications Act 1997.

surrendered, in relation to a number, means surrendered in accordance with:

(a) the rules and processes published by the numbering scheme manager; or
(b) if there is no numbering scheme manager—the numbering plan made by the ACMA.

transferred has the meanings given by section 5A.

withdrawn, in relation to a number, means withdrawn in accordance with:

(a) the rules and processes published by the numbering scheme manager; or
(b) if there is no numbering scheme manager—the numbering plan made by the ACMA.

5A Meaning of transferred

Part 2—Allocation charges

Division 1—Allocation in accordance with an allocation system

6 Definition of charge

In this Division:

charge means charge imposed by this Division.

7 Imposition of charge

If a number is allocated to a carriage service provider in accordance with an allocation system, charge is imposed on the allocation of the number to the provider.

8 By whom charge payable

Charge imposed on the allocation of a number to a carriage service provider is payable by the provider.

9 Amount of charge

Division 2—Allocation otherwise than in accordance with an allocation system

10 Definition of charge

In this Division:

charge means charge imposed by this Division.

11 Imposition of charge

If a number is allocated to a carriage service provider otherwise than in accordance with an allocation system, charge is imposed on the allocation of the number to the provider.

12 By whom charge payable

Charge imposed on the allocation of a number to a carriage service provider is payable by the provider.

13 Amount of charge

14 Maximum charge

The amount of charge imposed on the allocation of a number must not exceed $100,000.

15 Exemption from charge

Note: For specification by class, see subsection 13(3) of the Legislation Act 2003.

(3) A determination under subsection (2) is a legislative instrument.

Part 3—Annual charge

16 Definition of charge

In this Part:

charge means charge imposed by this Part.

17 Holder of a number

18 Imposition of charge

19 By whom charge payable

Charge imposed on a number is payable by the carriage service provider who holds the number.

20 Amount of charge

21 Maximum charge

The amount of charge imposed on a number held at a particular time must not exceed $100,000.

22 Exemption from charge

Note: For specification by class, see subsection 13(3) of the Legislation Act 2003.

Definition of charge

6 Definition of charge

In this Division:

charge means charge imposed by this Division.

Imposition of charge

7 Imposition of charge

If a number is allocated to a carriage service provider in accordance with an allocation system, charge is imposed on the allocation of the number to the provider.

By whom charge payable

8 By whom charge payable

Charge imposed on the allocation of a number to a carriage service provider is payable by the provider.

Amount of charge

9 Amount of charge

Division 2

Allocation otherwise than in accordance with an allocation system

An Act to impose charges in relation to numbers allocated to certain carriage service providers under the Telecommunications Act 1997

Part 1—Introduction

1 Short title

This Act may be cited as the Telecommunications (Numbering Charges) Act 1997.

2 Commencement

(1) Parts 1 and 4 commence on the day on which this Act receives the Royal Assent. (2) Parts 2 and 3 commence on 1 July 1997.

3 Act to bind Crown

This Act binds the Crown in right of each of the States, of the Australian Capital Territory and of the Northern Territory.

4 Extension to eligible Territories

5 Interpretation

In this Act:

ACMA means the Australian Communications and Media Authority.

allocation, in relation to a number, means the allocation of the number in accordance with:

(a) an allocation system; or
(b) the rules and processes published by the numbering scheme manager; or
(c) if there is no numbering scheme manager—the numbering plan made by the ACMA.

allocation system means a system determined under section 463 of the Telecommunications Act 1997.

carriage service provider has the same meaning as in the Telecommunications Act 1997.

eligible Territory has the same meaning as in the Telecommunications Act 1997.

number has the same meaning as in Division 2 of Part 22 of the Telecommunications Act 1997.

numbering plan has the same meaning as in the Telecommunications Act 1997.

numbering scheme manager has the same meaning as in the Telecommunications Act 1997.

ported, in relation to a number issued to a customer for a carriage service, means that the carriage service provider or the carrier network involved in providing the service, or both, is changed while the customer continues to receive the carriage service using the number.

standard telephone service has the same meaning as in the Telecommunications Act 1997.

surrendered, in relation to a number, means surrendered in accordance with:

(a) the rules and processes published by the numbering scheme manager; or
(b) if there is no numbering scheme manager—the numbering plan made by the ACMA.

transferred has the meanings given by section 5A.

withdrawn, in relation to a number, means withdrawn in accordance with:

(a) the rules and processes published by the numbering scheme manager; or
(b) if there is no numbering scheme manager—the numbering plan made by the ACMA.

5A Meaning of transferred

Part 2—Allocation charges

Division 1—Allocation in accordance with an allocation system

6 Definition of charge

In this Division:

charge means charge imposed by this Division.

7 Imposition of charge

If a number is allocated to a carriage service provider in accordance with an allocation system, charge is imposed on the allocation of the number to the provider.

8 By whom charge payable

Charge imposed on the allocation of a number to a carriage service provider is payable by the provider.

9 Amount of charge

Division 2—Allocation otherwise than in accordance with an allocation system

10 Definition of charge

In this Division:

charge means charge imposed by this Division.

11 Imposition of charge

If a number is allocated to a carriage service provider otherwise than in accordance with an allocation system, charge is imposed on the allocation of the number to the provider.

12 By whom charge payable

Charge imposed on the allocation of a number to a carriage service provider is payable by the provider.

13 Amount of charge

14 Maximum charge

The amount of charge imposed on the allocation of a number must not exceed $100,000.

15 Exemption from charge

Note: For specification by class, see subsection 13(3) of the Legislation Act 2003.

(3) A determination under subsection (2) is a legislative instrument.

Part 3—Annual charge

16 Definition of charge

In this Part:

charge means charge imposed by this Part.

17 Holder of a number

18 Imposition of charge

19 By whom charge payable

Charge imposed on a number is payable by the carriage service provider who holds the number.

20 Amount of charge

21 Maximum charge

The amount of charge imposed on a number held at a particular time must not exceed $100,000.

22 Exemption from charge

Note: For specification by class, see subsection 13(3) of the Legislation Act 2003.

Definition of charge

10 Definition of charge

In this Division:

charge means charge imposed by this Division.

Imposition of charge

11 Imposition of charge

If a number is allocated to a carriage service provider otherwise than in accordance with an allocation system, charge is imposed on the allocation of the number to the provider.

By whom charge payable

12 By whom charge payable

Charge imposed on the allocation of a number to a carriage service provider is payable by the provider.

Amount of charge

13 Amount of charge

Maximum charge

14 Maximum charge

The amount of charge imposed on the allocation of a number must not exceed $100,000.

Exemption from charge

15 Exemption from charge

Note: For specification by class, see subsection 13(3) of the Legislation Act 2003.

(3) A determination under subsection (2) is a legislative instrument.

Part 3

Annual charge

Part 3—Annual charge

Definition of charge

16 Definition of charge

In this Part:

charge means charge imposed by this Part.

Holder of a number

17 Holder of a number

Imposition of charge

18 Imposition of charge

By whom charge payable

19 By whom charge payable

Charge imposed on a number is payable by the carriage service provider who holds the number.

Amount of charge

20 Amount of charge

Maximum charge

21 Maximum charge

The amount of charge imposed on a number held at a particular time must not exceed $100,000.

Exemption from charge

22 Exemption from charge

Note: For specification by class, see subsection 13(3) of the Legislation Act 2003.

Source text: opening excerpt

Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.

Part 1 Introduction

Part 1—Introduction

1 Short title

This Act may be cited as the Telecommunications (Numbering Charges) Act 1997.

2 Commencement

(1) Parts 1 and 4 commence on the day on which this Act receives the Royal Assent. (2) Parts 2 and 3 commence on 1 July 1997.

3 Act to bind Crown

This Act binds the Crown in right of each of the States, of the Australian Capital Territory and of the Northern Territory.

4 Extension to eligible Territories

5 Interpretation

In this Act:

ACMA means the Australian Communications and Media Authority.

allocation, in relation to a number, means the allocation of the number in accordance with:

(a) an allocation system; or
(b) the rules and processes published by the numbering scheme manager; or
(c) if there is no numbering scheme manager—the numbering plan made by the ACMA.

allocation system means a system determined under section 463 of the Telecommunications Act 1997.

carriage service provider has the same meaning as in the Telecommunications Act 1997.

eligible Territory has the same meaning as in the Telecommunications Act 1997.

number has the same meaning as in Division 2 of Part 22 of the Telecommunications Act 1997.

numbering plan has the same meaning as in the Telecommunications Act 1997.

numbering scheme manager has the same meaning as in the Telecommunications Act 1997.

ported, in relation to a number issued to a customer for a carriage service, means that the carriage service provider or the carrier network involved in providing the service, or both, is changed while the customer continues to receive the carriage service using the number.

Compliance requires both ongoing monitoring of ACMA instruments and concrete internal processes to ensure correct attribution of allocation and annual charges. Practical compliance steps:

Map legal holding status to inventory. Use s 17 to produce a live register of numbers that your organisation is legally "holding" for the purposes of the Act. Include allocation date, transfer-in date, any renumbering events (noting s 17(2) that renumbering does not interrupt holding), surrender/withdrawal notices and porting dates. This register must support the snapshot on the ACMA-determined day in April and be auditable.
Monitor ACMA and Gazette publications. ACMA must determine in writing a day in April each year before 16 February and publish that determination in the Gazette (s 18(2)-(3)). Subscribe to ACMA notifications, the Federal Register of Legislation and the Gazette to receive the annual day and any legislative instruments setting charge amounts or exemptions (ss 13(2), 20(2), 15(3), 22(3)).
Track legislative instruments and their disallowance process. Since ACMA charge and exemption determinations are legislative instruments, maintain a distribution list in the legal team for instrument registration notices and monitor potential disallowance windows per the Legislation Act 2003 (note to ss 15 and 22). Consider preparing submissions or consultations where ACMA proposes material instruments affecting charges.
Establish transfer governance protocols. For any transfer by agreement under s 5A(2), ensure written agreements expressly address who is financially responsible for allocation and annual charges and require joint notice to ACMA (and to numbering scheme manager, if any). Build checklists for the timing consequences: because the transfer takes effect on the later of ACMA notice or another date specified, coordinate the notice date with the proposed transfer effective date to avoid accidental liability during the ACMA snapshot.
Classify numbering ranges. Identify which numbers in your inventory are geographic numbers used to provide a standard telephone service (automatic exemption under ss 15(1), 22(1)) versus non-geographic, premium or special-service numbers. Maintain evidence supporting the exemption classification in case of ACMA query. For numbers that are not automatically exempt, consider whether applications to ACMA for exemption by written determination are available and match your commercial needs (ss 15(2), 22(2)).
Billing and contract drafting. Insert contractual clauses that allocate charge risk between carriers, and between providers and customers where appropriate. Where transfer by agreement is contemplated, allocate risk for charges in the transfer contract and document notice responsibilities. Ensure commercial pricing models anticipate allocation and annual charges, particularly for non-geographic number services.
Cashflow and provisioning. Build charge scenarios into financial forecasts. The $100,000 per-number cap (ss 14, 21) may still be material for larger blocks. Ensure the finance team can respond to ACMA determinations with prompt payment or dispute arrangements, and coordinate with legal on any challenges to instrument validity.
Coordinate with numbering operations and porting processes. Because porting effects transfers for statutory holding (s 5A(1)), align operational porting timelines with the ACMA annual snapshot and with commercial transfer agreements to avoid unintentionally being the holder on the charge day. Include porting status in the holding register noted above.
Legal review of ACMA instruments and Telecomm Act cross-references. Because Division 1 charges depend on the eligible amount under s 463 of the Telecommunications Act 1997 (s 9), instruct counsel to review s 463 and associated instruments to understand methodology. Also review the numbering plan and any numbering-scheme-manager rules that may change allocation mechanics (s 5).
Dispute and enforcement preparedness. Because the Act itself does not specify enforcement processes, determine the enforcement and recovery mechanisms ACMA would likely use by reviewing the Telecommunications Act 1997 and ACMA’s compliance frameworks. Prepare internal escalation and dispute-resolution procedures in case ACMA asserts unpaid charges.

Administratively, sensible checklist items: allocate responsibility to a senior compliance owner, document operational workflows for allocation/transfer/surrender, run annual internal audits timed to the ACMA April day, and keep contemporaneous records of notices to and from ACMA and any numbering scheme manager.

For transfer-by-agreement transactions, a practical drafting clause should require the parties to give joint written notice to ACMA promptly, confirm the effective date in the notice, and address which party pays any allocation or annual charges that arise because of timing. For porting scenarios, operationally ensure porting completion dates are recorded and reconciled against the holding register.

Because ACMA determinations are legislative instruments, allow time for consultation on proposed determinations and prepare potential submissions if charges or exemptions materially affect your organisation.

Finally, do not assume that absence of an enforcement clause in this Act means non-payment is without consequence. Coordinate with legal to identify the appropriate recovery and enforcement mechanisms in adjacent Commonwealth law and to prepare for any ACMA compliance action.