Commonwealth Numbered Acts

TELECOMMUNICATIONS LAWS AMENDMENT (UNIVERSAL SERVICE CAP) ACT 1999 NO. 42, 1999 - SCHEDULE 1--Amendment

1 At the end of section 183

Add:

(7) The ACA may waive compliance with subsection (5) in relation to a particular claim for a capped financial year (within the meaning of section 186).

(8) If:

(a) a person lodges a claim for a levy credit for the 1998-99 financial year or the 1999-2000 financial year; and

(b) after the claim is lodged, the Minister makes or varies a determination under subsection 186(16) or (17) in relation to that financial year;

(9) The variation of the claim must be in a form approved in writing by the ACA.

(10) The variation of the claim must be accompanied by a report of an approved auditor that:

(a) is in a form approved in writing by the ACA; and

(b) states that the auditor has been given sufficient access to the person's records in order to audit the variation; and

(c) states that the auditor has audited the variation; and

(d) contains a declaration of the opinion of the auditor, being a declaration in the terms specified in the form.

(12) The ACA may waive compliance with subsection (10) in relation to a particular variation of a claim.

2 At the end of section 185

Add:

(3) In this section:

claim includes a variation of a claim.

3 Subsection 186(1)

After "financial year" (first occurring), insert "(other than a capped financial year)".

4 At the end of section 186

Add:

Capped financial years

(13) For the purposes of this section, each of the following is a capped financial year :

(a) the 1997-1998 financial year;

(b) the 1998-1999 financial year;

(c) the 1999-2000 financial year.

(a) $253.32 million;

(b) the amount that would have been the person's net universal service cost for that financial year worked out under subsection (1) if it were assumed that the 1997-1998 financial year were not a capped financial year.

(a) if:

(i) the person is Telstra; and

(ii) a determination is in force under subsection (16) in relation to that financial year;

the person's net universal service cost for that financial year is the amount specified in, or worked out in accordance with, the determination;

(b) if:

(i) the person is Telstra; and

(ii) no determination is in force under subsection (16) in relation to that financial year;

the person's net universal service cost for that financial year is worked out using the following formula:

where:

indexation factor means the indexation factor for that financial year worked out under subsection (20);

(c) if:

(i) the person is not Telstra; and

(ii) a determination is in force under subsection (17) in relation to that financial year;

the person's net universal service cost for that financial year is the amount specified in, or worked out in accordance with, the determination;

(d) if:

(i) the person is not Telstra; and

(ii) no determination is in force under subsection (17) in relation to that financial year;

the person's net universal service cost for that financial year is zero dollars.

(a) specifying an amount for the purposes of the application of paragraph (15)(a) to a specified financial year; or

(b) specifying a method of ascertaining an amount for the purposes of the application of paragraph (15)(a) to a specified financial year.

(a) specifying an amount for the purposes of the application of paragraph (15)(c) to a specified financial year; or

(b) specifying a method of ascertaining an amount for the purposes of the application of paragraph (15)(c) to a specified financial year.

(19) A determination under subsection (16) or (17) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901 .

(20) For the purposes of subsection (15), the indexation factor for a financial year is the number worked out by dividing:

(a) the sum of the index numbers for quarters in the 12-month period ending on 31 March in that financial year;

(b) the sum of the index numbers for quarters in the 12-month period ending on 31 March in the 1997-1998 financial year.

(22) For the purposes of subsection (20), if:

(a) at any time, whether before or after the commencement of this subsection, the Australian Statistician has changed or changes the reference base for the Consumer Price Index;

(b) after the change, only numbers published in terms of the new base are to be used.

(24) The ACA must comply with a direction under subsection (23).

(25) Subsection (23) does not, by implication, limit the Minister's powers under section 486 (which deals with public inquiries).

(26) As soon as practicable after the ACA makes an assessment under section 193 of a person's net universal service cost for the 1997-1998 financial year, the ACA must cause to be published in the Gazette a statement setting out the amount that, in the ACA's opinion, would have been the person's net universal service cost for that financial year worked out under subsection (1) if it were assumed that the 1997-1998 financial year were not a capped financial year.

(27) In this section:

capped financial year has the meaning given by subsection (13).

index number , in relation to a quarter, means the All Groups Consumer Price Index number, being the weighted average of the 8 capital cities, published by the Australian Statistician in respect of that quarter (ignoring any later number that may be published in substitution for it).

5 Transitional--section 591 of the Telecommunications Act 1997

Section 591 of the Telecommunications Act 1997 applies to this Act in a corresponding way to the way in which it applies to the Telecommunications Act 1997 .