Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) In this section:
"allocation charge" means a charge imposed by Part 2 of the Telecommunications (Numbering Charges) Act 1997 .
"annual charge" means a charge imposed by Part 3 of the Telecommunications (Numbering 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 allocation charge due and payable
(2) An allocation charge imposed on the allocation of a number is due and payable when the number is allocated.
When annual charge due and payable
(3) An annual charge is due and payable at the time ascertained in accordance with a written determination made by the ACMA.
(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) Allocation charge, annual charge and late payment penalty are payable to the ACMA on behalf of the Commonwealth.
Recovery of charge and penalty
(8) Allocation charge, annual 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 allocation charge, annual charge or late payment penalty must be paid to the Commonwealth.
Withdrawal of number for non - payment of annual charge
(10) If any annual charge payable by a person in relation to a number remains unpaid after the time when it became due for payment, the ACMA or the numbering scheme manager may, by written notice given to the person, withdraw the number. Such a withdrawal is taken to be in accordance with the numbering plan and the numbering scheme.
Legislative instrument
(11) A determination under subsection (3) or (4) is a legislative instrument.