Commonwealth: Telecommunications (Industry Levy) Act 2012 (Cth)

Telecommunications (Industry Levy) Act 2012 No. 45, 2012 Compilation No. 3 Compilation date: 19 June 2018 Includes amendments up to: Act No. 41, 2018 Registered: 19 June 2018 About this compilation This compilation This is a compilation of the Telecommunications (Industry Levy) Act 2012 that shows the text of the law as amended and in force on 19 June 2018 (the compilation date). The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law. Uncommenced amendments The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law. Application, saving and transitional provisions for provisions and amendments If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes. Editorial changes For more information about any editorial changes made in this compilation, see the endnotes. Modifications If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law. Self‑repealing provisions If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes. Contents Part 1—Preliminary 1 Short title 2 Commencement 4 Act to bind Crown Part 2—Levy for the 2014‑15 financial year and later financial years 4A Definitions 4B Extension to external Territories 4C Imposition of levy 4D Amount of levy 4E Person liable to pay levy Endnotes Endnote 1—About the endnotes Endnote 2—Abbreviation key Endnote 3—Legislation history Endnote 4—Amendment history An Act to impose a levy to support the provision of public interest telecommunications services, and for related purposes Part 1—Preliminary 1 Short title This Act may be cited as the Telecommunications (Industry Levy) Act 2012. 2 Commencement (1) Each provision of this Act 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. Commencement information Column 1 Column 2 Column 3 Provision(s) Commencement Date/Details 1. Sections 1 and 2 and anything in this Act not elsewhere covered by this table The day this Act receives the Royal Assent. 16 April 2012 2. Sections 3 to 8 At the same time as section 3 of the Telecommunications Universal Service Management Agency Act 2012 commences. 1 July 2012 Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act. (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act. 4 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. However, it does not bind the Crown in right of the Commonwealth. Part 2—Levy for the 2014‑15 financial year and later financial years 4A Definitions In this Part: eligible levy period has the same meaning as in the Telecommunications (Consumer Protection and Service Standards) Act 1999. levy amount has the same meaning as in the Telecommunications (Consumer Protection and Service Standards) Act 1999. person has the same meaning as in the Telecommunications Act 1997. Note: See also subsection 5(1) of the Telecommunications (Consumer Protection and Service Standards) Act 1999. 4B Extension to external Territories (1) This Part extends to each external Territory referred to in subsection 10(1) of the Telecommunications Act 1997. Note: See also section 7 of the Telecommunications (Consumer Protection and Service Standards) Act 1999. (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. 4C Imposition of levy If a person has a levy amount for an eligible levy period because of section 50 of the Telecommunications (Consumer Protection and Service Standards) Act 1999, levy is imposed on that amount. 4D Amount of levy The amount of a levy that this Part imposes on a levy amount for an eligible levy period is equal to that levy amount. 4E Person liable to pay levy Levy imposed by this Part on a person's levy amount for an eligible levy period is payable by the person. Endnotes Endnote 1—About the endnotes The endnotes provide information about this compilation and the compiled law. The following endnotes are included in every compilation: Endnote 1—About the endnotes Endnote 2—Abbreviation key Endnote 3—Legislation history Endnote 4—Amendment history Abbreviation key—Endnote 2 The abbreviation key sets out abbreviations that may be used in the endnotes. Legislation history and amendment history—Endnotes 3 and 4 Amending laws are annotated in the legislation history and amendment history. The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation. The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law. Editorial changes The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date. If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel. Misdescribed amendments A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation "(md)" added to the details of the amendment included in the amendment history. If a misdescribed amendment cannot be given effect as intended, the abbreviation "(md not incorp)" is added to the details of the amendment included in the amendment history. Endnote 2—Abbreviation key ad = added or inserted o = order(s) am = amended Ord = Ordinance amdt = amendment orig = original c = clause(s) par = paragraph(s)/subparagraph(s) C[x] = Compilation No. x /sub‑subparagraph(s) Ch = Chapter(s) pres = present def = definition(s) prev = previous Dict = Dictionary (prev…) = previously disallowed = disallowed by Parliament Pt = Part(s) Div = Division(s) r = regulation(s)/rule(s) ed = editorial change reloc = relocated exp = expires/expired or ceases/ceased to have renum = renumbered effect rep = repealed F = Federal Register of Legislation rs = repealed and substituted gaz = gazette s = section(s)/subsection(s) LA = Legislation Act 2003 Sch = Schedule(s) LIA = Legislative Instruments Act 2003 Sdiv = Subdivision(s) (md) = misdescribed amendment can be given SLI = Select Legislative Instrument effect SR = Statutory Rules (md not incorp) = misdescribed amendment Sub‑Ch = Sub‑Chapter(s) cannot be given effect SubPt = Subpart(s) mod = modified/modification underlining = whole or part not No. = Number(s) commenced or to be commenced Endnote 3—Legislation history Act Number and year Assent Commencement Application, saving and transitional provisions Telecommunications (Industry Levy) Act 2012 45, 2012 16 Apr 2012 s 3–8: 1 July 2012 (s 2(1) item 2) Remainder: 16 Apr 2012 (s 2(1) item 1) Telecommunications (Industry Levy) Amendment Act 2015 37, 2015 13 Apr 2015 Sch 1: 1 July 2015 (s 2(1) item 2) Sch 1 (item 5) Territories Legislation Amendment Act 2016 33, 2016 23 Mar 2016 Sch 5 (items 90–92): 1 July 2016 (s 2(1) item 7) — Statute Update (Autumn 2018) Act 2018 41, 2018 22 May 2018 Sch 4 (item 19): 19 June 2018 (s 2(1) item 4) — Endnote 4—Amendment history Provision affected How affected Part 1 Part 1 heading............. ad No 37, 2015 s 3..................... rep No 37, 2015 s 4..................... am No 41, 2018 Part 2 Part 2................... ad No 37, 2015 s 4A.................... ad No 37, 2015 s 4B.................... ad No 37, 2015 am No 33, 2016 s 4C.................... ad No 37, 2015 s 4D.................... ad No 37, 2015 s 4E.................... ad No 37, 2015 s 5..................... rep No 37, 2015 s 6..................... rep No 37, 2015 s 7..................... rep No 37, 2015 s 8..................... rep No 37, 2015