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
(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.
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withdrawn, in relation to a number, means withdrawn in accordance with: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
(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
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
(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.
(3) A determination under subsection (2) is a legislative instrument.
Note: For specification by class, see subsection 13(3) of the Legislation Act 2003.
Part Part 2 - Telecommunications (Numbering Charges) Act 1997 - Allocation charges | Zoe