Commonwealth Numbered Acts

TELECOMMUNICATIONS (CARRIER LICENCE FEES) TERMINATION ACT 1997 No. 50 of 1997 - SCHEDULE 1

Schedule 1-Amendments Telecommunications (Carrier Licence Fees) Act 1991 1
Section 4
Repeal the section, substitute: 4 Fees for carrier licences
If a person:

   (a)  held a general telecommunications licence or a public mobile licence
        immediately before 1 July 1997; or

   (b)  ceased to hold such a licence at any time during the period:

        (i)    beginning on 2 July 1996; and

        (ii)   ending immediately before 1 July 1997; the person must pay to
               the Commonwealth, by way of tax in respect of the licence, on 1
               July 1997, a fee of an amount determined in accordance with the
               regulations as in force immediately before 1 July 1997. 2
               Paragraph 6(a)
Before "all amounts", insert "in any case-". 3 Paragraph 6(b)
Before "an amount", insert "in any case-". 4 Paragraph 6(b)
Omit "carriers.", substitute "carriers; and". 5 At the end of section 6
Add:

   (c)  in the case of the fees that become payable under this Act on 1 July
        1997-the amount determined, by a written instrument made by the ACCC,
        to be the proportion of the ACCC's appropriation for the financial
        year ending on 30 June 1997 that is attributable to the ACCC's special
        telecommunications functions and powers.

(2) An instrument under paragraph (1)(c) must be notified in the Gazette
before 1 July 1997.

(3) An instrument under paragraph (1)(c) is a disallowable instrument for the
purposes of section 46A of the Acts Interpretation  Act 1901 .

(4) In this section:
ACCC means the Australian Competition and Consumer Commission.
ACCC's appropriation, in relation to a financial year, means the total of the
amounts appropriated, in respect of the financial year, for the purposes of
the ACCC.
ACCC's special telecommunications functions and powers means the functions and
powers conferred on the ACCC by or under any of the following provisions:

   (a)  a provision of the Telecommunications Act 1997;

   (b)  a provision of Part XIB of the Trade Practices Act 1974;

   (c)  a provision of Part XIC of the Trade Practices Act 1974;

   (d)  a provision of Part 3 of the Telecommunications (Transitional 
        Provisions and Consequential Amendments) Act 1997 ; and includes
        anything done by the ACCC (whether before or after the commencement of
        this subsection) in preparation for the commencement of such a
        provision. 6 Transitional-regulations

(1) This item applies to regulations made for the purposes of section 4 of the
Telecommunications (Carrier Licence Fees) Act 1991 that were in force
immediately before 1 July 1997.

(2) The regulations have effect as if they had been made for the purposes of
section 4 of the Telecommunications (Carrier Licence Fees)  Act 1991 as
amended by this Act.