Explanatory Memorandum
(Circulated by authority of Senator the Hon. Helen Coonan, Minister for Communications, Information Technology and the Arts)Telecommunications (Numbering Charges) Amendment Bill 2004
Notes on clauses
Clause 1 provides that the Bill, when enacted, may be cited as the Telecommunications (Numbering Charges) Amendment Act 2004.
Clause 2 provides that each provision of the Bill specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
Item 1 of the table provides that clauses 1 to 3 of the Bill (containing the short title, the commencement provision and explaining the operation of the Schedules to the Bill) will commence on the day on which the Bill receives the Royal Assent.
Item 2 of the table provides that Schedules 1 and 2 to the Bill, containing various consequential amendments and transitional provisions in relation to the Telecommunications (Numbering Charges) Act 1997, will commence at the same time that clause 6 of the ACMA Bill commences. Clause 6 of the ACMA Bill, which establishes the ACMA, will commence on proclamation or 1 July 2005, if clause 6 has not commenced by that date.
Clause 3 provides that each Act that is specified in a Schedule to the Bill is amended or repealed as set out in that Schedule and any other item in a Schedule has effect according to its terms.
Schedule 1 to the Bill amends the Telecommunications (Numbering Charges) Act 1997 to replace references to the ACA with references to the ACMA. It also repeals Part 4 of the Telecommunications (Numbering Charges) Act, which relates to the exercise of powers by the former Australian Telecommunications Authority (AUSTEL) before 1 July 1997, as this Part is spent.
Schedule 2 to the Bill gives continuing effect to any existing notice given to the ACA about the transfer of a number between two carriage service providers and to any existing determinations made by the ACA for the amount of charge imposed on the allocation of a number, exempting a specified number from charge, specifying the day on which charge is imposed and specifying the amount of charge imposed on a number held at a particular time, as if they had been made by the ACMA.
Schedule 1 - Amendments
Telecommunications (Numbering Charges) Act 1997
Items 1 and 2 - Amendments to section 5
Items 1 and 2 repeal the definition of 'ACA' in section 5 of the Telecommunications (Numbering Charges) Act and insert a definition of 'ACMA' in that section.
Items 3 to 9 - Amendments of subsection 5A(2), 13(1), 15(2), 18(2), 18(3), 20(1) and 22(2)
Items 3 to 9 amend subsections 5A(2), 13(1), 15(2), 18(2), 18(3), 20(1) and 22(2) to replace references to the ACA with references to the ACMA.
Item 13 repeals Part 4 of the Telecommunications (Numbering Charges) Act, which relates to the exercise of powers by the former Australian Telecommunications Authority (AUSTEL) before 1 July 1997, as this Part is spent.
Schedule 2 - Transitional provisions
Item 1 contains definitions for the purposes of items 2 and 3. In particular, 'transition time' is defined to mean the commencement of Schedule 2 to the Bill. Schedule 2 will commence at the same time that clause 6 of the ACMA Bill commences. Clause 6 of the ACMA Bill, which establishes the ACMA, will commence on proclamation or 1 July 2005, if clause 6 has not commenced by that date.
Item 2 - Continued effect of transfer notices
Subsection 5A(2) of the Telecommunications (Numbering Charges) Act provides that 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 ACA written notice of the transfer.
Item 2 provides for the continued effect of any such existing notice.
Item 3 - Continued effect of amount etc. determinations
Subsection 13(1) of the Telecommunications (Numbering Charges) Act provides that the amount of charge imposed on the allocation of a number is the amount ascertained in accordance with a written determination made by the ACA. Subsection 15(2) of that Act allows the ACA, by written determination, to exempt a specified number from allocation charge. For the purposes of Part 3 of that Act, dealing with annual charge, subsection 20(1) provides that 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 ACA. Subsection 22(1) allows the ACA, by written determination, to exempt a specified number from annual charge.
Item 3 gives continuing effect to any existing determinations made by the ACA under subsection 13(1), 15(2), 20(1) or 22(2) as if they had been made by the ACMA.
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