Document ID: chunk:federal_register_of_legislation:C2024C00742:section:73
Version: federal_register_of_legislation:C2024C00742
Segment Type: section
Provision Reference: s 73
Character Range: 155080–157173

73  Collection of charges relating to carrier licences

Definitions
 (1) In this section:
annual charge means charge imposed by Part 3 of the Telecommunications (Carrier Licence Charges) Act 1997.
application charge means charge imposed by Part 2 of the Telecommunications (Carrier Licence Charges) Act 1997.
late payment penalty means an amount that is payable by way of penalty in accordance with a determination under subsection (4).

When application charge due and payable
 (2) Application charge imposed on an application for a carrier licence is due and payable when the application is made.

When annual charge due and payable
 (3) Annual charge is due and payable at the time ascertained in accordance with a written determination made by the ACMA.

Late payment penalty
 (4) The ACMA may, by written instrument, determine that, if any annual charge payable by a person remains unpaid after the time when it became due for payment, the person is liable to pay to the Commonwealth, by way of penalty, an amount calculated at the rate of:
 (a) 20% per annum; or
 (b) if the determination specifies a lower percentage—that lower percentage per annum;
on the amount unpaid, computed from that time.

Determination has effect
 (5) A determination under subsection (4) has effect accordingly.

Remission of penalty
 (6) A determination under subsection (4) may authorise the ACMA to make decisions about the remission of the whole or a part of an amount of late payment penalty.

Payment of charge and late payment penalty
 (7) Annual charge, application charge and late payment penalty are payable to the ACMA on behalf of the Commonwealth.

Recovery of charge and penalty
 (8) Annual charge, application charge and late payment penalty may be recovered by the ACMA, on behalf of the Commonwealth, as debts due to the Commonwealth.

Payment to the Commonwealth
 (9) Amounts received by way of annual charge, application charge or late payment penalty must be paid to the Commonwealth.

Legislative instrument
 (10) A determination under subsection (3) or (4) is a legislative instrument.