Document ID: chunk:federal_register_of_legislation:C2004A04681:body:0:p23
Version: federal_register_of_legislation:C2004A04681
Segment Type: other
Provision Reference: 
Character Range: 59134–61987

(Numbering Fees) Act 1991 prevents a person from charging a fee in respect of any allocation or use of numbers to which this section applies.

"(4) Such a fee may only be charged in accordance with:

SCHEDULE—continued

  (a) the policies set out in the national numbering plan; and

    (b) any determination under section 242B applicable in relation to that number.

Conditions in respect of allocation or use of numbers

  "242B.(1) In this section:

'numbers' means numbers in respect of telecommunications services to be provided across a public telecommunications network;

'use', in relation to a number, means the continuing use of that number by a person after the allocation of that number to that person.

  "(2) This section applies to:

     (a) the use, after this section commences, of numbers allocated before or after this section commences; and

     (b) any further allocation, after this section commences, of numbers allocated before or after this section commences; and

  (c) any allocation of numbers made after this section commences.

"(3) AUSTEL may, in writing, determine conditions that are applicable in relation to any allocation or use of numbers to which this section applies.

"(4) A determination is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.

"(5) AUSTEL must not determine conditions that are inconsistent with the policies set out in the national numbering plan.

"(6) Without limiting subsection (3), AUSTEL may determine under that subsection conditions including:

     (a) conditions relating to the prohibition of, or any restrictions on, the allocation or use of numbers; or

     (b) conditions relating to the charging of fees in relation to the allocation or use of numbers.

     Note 1: An example of a condition referred to in paragraph (6)(a) is a condition to the effect that a number which was allocated by a carrier to a user of telecommunications services provided by that carrier does not revert to that carrier merely because the user has elected to have the services provided by another carrier.
     Note 2: An example of a condition referred to in paragraph (6)(b) is a condition specifying the basis on which a fee in relation to the allocation of a number is to be calculated. Another example of a condition referred to in that paragraph is a condition prohibiting the charging of fees in relation to classes of numbers.
     Note 3: AUSTEL may issue directions to a carrier in respect of compliance of these conditions (see sections 39 and 46).".

SCHEDULE—continued

Transport and Communications Legislation Amendment Act 1991

129. Schedule (amendment to subsection 65(2) of the Federal Airports Corporation Act 1986):

  Omit "(d)", substitute "(e)".

NOTES ABOUT SECTION HEADINGS

  1. On the day on which the Navigation Act 1912 is