Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) The ACMA may, by written instrument, make determinations fixing charges for:
(a) services provided by the ACMA; and
(b) any matter in relation to which expenses are incurred by the ACMA under:
(i) this Act; or
(ii) the Telecommunications Act 1997 ; or
(iii) the Telecommunications (Consumer Protection and Service Standards) Act 1999 ; or
(iv) the Radiocommunications Act 1992 ; or
(v) the Broadcasting Services Act 1992 ; or
(vi) an instrument made under an Act referred to in subparagraph (ii), (iii), (iv) or (v);
and specifying the persons by whom, and the times when, the charges are payable.
(2) A charge fixed under subsection (1) must not be such as to amount to taxation.
(3) For the purposes of recovering all or part of the ACMA's expenses relating to the performance of its functions under paragraph 11(1)(a) or (b), the ACMA may charge a person an amount that has been:
(a) agreed with the person; or
(b) worked out under an agreement with the person.
Note 1: Paragraph 11(1)(a) is about the ACMA preparing to provide for the management of electronic addressing, and paragraph 11(1)(b) is about the ACMA providing for the management of electronic addressing.
Note 2: Subsection (3) lets the ACMA charge a consenting person for things done by the ACMA in performing those functions, even though the charge would be a tax if it were imposed on the person without his or her consent.
(4) Subsection (3) does not limit subsection (1).
Note: The ACMA need not obtain a person's agreement to a charge that relates to the ACMA's expenses in performing its functions mentioned in subsection (3) and does not amount to taxation (either because the charge is a fee for the ACMA providing the person with services or facilities or for another reason).
(5) This section does not apply to services or facilities provided under contract.