Commonwealth Numbered Acts

TELECOMMUNICATIONS (NUMBERING FEES) AMENDMENT ACT 1997 No. 54 of 1997 - SCHEDULE 1

Schedule 1-Amendments Telecommunications (Numbering Fees) Act 1991 1 Title
Omit "provide for the payment of fees for the allocation of ", substitute
"impose a charge on". 2 Section 1
Omit "Fees", substitute "Charges". 3 Sections 3, 4, 5, 6 and 7 Repeal the
sections, substitute: 3 Act to bind the Crown
This Act binds the Crown in right of each of the States, of the Australian
Capital Territory, of the Northern Territory and of Norfolk Island. 4
Extension to eligible Territories
This Act extends to each eligible Territory. 5 Definitions
In this Act:
AMPS means the Advanced Mobile Phone System. Note: The Advanced Mobile Phone
System does not incorporate digital modulation techniques.
AUSTEL means the Australian Telecommunications Authority.
carrier has the same meaning as in the Telecommunications Act 1991.
charge means charge imposed by this Act.
class licence has the same meaning as in the Telecommunications  Act 1991 .
eligible service has the same meaning as in the Telecommunications  Act 1991 .
eligible Territory has the same meaning as in the Telecommunications  Act 1991
.
national numbering plan has the same meaning as in the Telecommunications  Act
1991 .
number means a number in respect of telecommunications services to be provided
across a public telecommunications network.
Optus means Optus Mobile Pty Ltd.
service provider means a person who provides an eligible service under a class
licence.
standard telephone service has the same meaning as in the
Telecommunications Act 1991.
public telecommunications network has the same meaning as in Division 2 of
Part 11 of the Telecommunications Act 1991.
telecommunications service has the same meaning as in the
Telecommunications Act 1991.
Telstra has the same meaning as in the Telstra Corporation Act  1991 . 6
Holder of a number

(1) For the purposes of this Act, if a number is allocated to a particular
carrier or service provider under subsection 242(1) of the
Telecommunications Act 1991 at a particular time, the carrier or service
provider holds the number throughout the period:

   (a)  beginning at that time; and

   (b)  ending when:

        (i)    the number is subsequently recovered by AUSTEL in accordance
               with the national numbering plan; or

        (ii)   the number is subsequently returned to AUSTEL in accordance
               with the national numbering plan; or

        (iii)  in a case where the number is allocated to Telstra-the number
               is subsequently allocated by Telstra to Optus for use by Optus
               in connection with the supply of AMPS services; whichever first
               happens.

(2) For the purposes of this Act, Telstra holds a number at a particular time
if no allocation of the number to Telstra is in force at that time and:

   (a)  both:

        (i)    before that time, Telstra, or any of its predecessors,
               allocated the number to a customer; and

        (ii)   that allocation is in force at that time; or

   (b)  at that time, the number is available to be allocated by Telstra to a
        customer.

(3) A reference in subsection (2) to a customer does not include a reference
to a service provider.

(4) Subsection (2) applies to an allocation, whether or not the allocation is
under section 242 of the Telecommunications Act 1991.

(5) For the purposes of this Act, if, at a particular time, a number is
allocated by Telstra to Optus for use in connection with the supply of AMPS
services, Optus holds the number throughout the period:

   (a)  beginning at that time; and

   (b)  ending when:

        (i)    the number is subsequently recovered by AUSTEL in accordance
               with the national numbering plan; or

        (ii)   the number is subsequently returned to AUSTEL in accordance
               with the national numbering plan; or

        (iii)  the number is subsequently returned to Telstra; whichever first
               happens.

(6) Subsections (2) and (5) have effect in addition to subsection (1).

(7) For the purposes of subparagraph (1)(b)(iii) and subsection (5), if a
number allocated to Telstra under subsection 242(1) of the
Telecommunications Act 1991 is subsequently taken by Optus for use in
connection with the supply of AMPS services:

   (a)  the taking of the number by Optus is to be treated as the allocation
        of the number by Telstra to Optus for use by Optus in connection with
        the supply of AMPS services; and

   (b)  if Optus subsequently relinquishes the number-the relinquishing of the
        number is to be treated as the return of the number to Telstra.

(8) This section applies to an allocation, whether or not the allocation
occurs before or after this section commences.

(9) For the purposes of this section, the renumbering of a number does not
affect the continuity of the holding of the number. 7 Imposition of charge
If a carrier or service provider holds a number:

   (a)  at the commencement of the Telecommunications (Numbering  Fees)
        Amendment Act 1997 ; or

   (b)  at the beginning of an anniversary of that commencement; charge is
        imposed on the number. 8 By whom charge payable
Charge imposed on a number is payable by the carrier or service provider who
holds the number. 9 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 AUSTEL.

(2) A determination under subsection (1) is a disallowable instrument for the
purposes of section 46A of the Acts  Interpretation Act 1901 . Note: Under
section 50 of the Telecommunications Act 1991, the Minister may give AUSTEL
directions in relation to the performance of its functions and the exercise of
its powers. 10 Maximum charge
The amount of charge imposed on a number held at a particular time must not
exceed $100,000. 11 Exemption from charge

(1) A number is exempt from charge if the number is a geographic number
allocated to a carrier or service provider for the purposes of providing a
standard telephone service to a customer.

(2) AUSTEL may, by written determination, exempt a specified number from
charge.

(3) A determination under subsection (2) is a disallowable instrument for the
purposes of section 46A of the Acts  Interpretation Act 1901 . Note 1: For
specification by class, see subsection 46(2) of the Acts  Interpretation Act
1901 . Note 2: Under section 50 of the Telecommunications Act 1991, the
Minister may give AUSTEL directions in relation to the performance of its
functions and the exercise of its powers.

[Minister's second reading speech made in-
House of Representatives on 30 October 1996
Senate on 10 February 1997]