Commonwealth Numbered Acts

TELECOMMUNICATIONS LAWS AMENDMENT (UNIVERSAL SERVICE CAP) ACT 1999 NO. 42, 1999 - SCHEDULE 2--Amendment

1 At the end of section 54

Add:

(7) The ACA may waive compliance with subsection (5) in relation to a particular claim for the 1999-2000 financial year.

(8) If:

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

(b) after the claim is lodged, the Minister makes or varies a determination under subsection 57(14) or (15) 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 56

Add:

(3) In this section:

claim includes a variation of a claim.

3 Subsection 57(1)

After "financial year" (first occurring), insert "(other than the 1999-2000 financial year)".

4 At the end of section 57

Add:

1999-2000 financial year

(13) A person's net universal service cost for the 1999-2000 financial year depends on which of the following paragraphs is applicable for that financial year:

(a) if:

(i) the person is Telstra; and

(ii) a determination is in force under subsection (14) 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 (14) 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 (18);

(c) if:

(i) the person is not Telstra; and

(ii) a determination is in force under subsection (15) 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 (15) 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 (13)(a) to a specified financial year; or

(b) specifying a method of ascertaining an amount for the purposes of the application of paragraph (13)(a) to a specified financial year.

(a) specifying an amount for the purposes of the application of paragraph (13)(c) to a specified financial year; or

(b) specifying a method of ascertaining an amount for the purposes of the application of paragraph (13)(c) to a specified financial year.

(17) A determination under subsection (14) or (15) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901 .

(18) For the purposes of subsection (13), 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.

(20) For the purposes of subsection (18), 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.

(22) Before deciding whether to make or vary a determination under subsection (14) or (15), the Minister may direct the ACA to give the Minister such reports and/or advice as the Minister requires to assist in making the decision.

(23) The ACA must comply with a direction under subsection (22).

(24) Subsection (22) does not, by implication, limit the Minister's powers under section 486 of the Telecommunications Act 1997 (which deals with public inquiries).

(25) In this section:

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).

[ Minister's second reading speech made in--

House of Representatives on 25 March 1999

Senate on 19 April 1999 ]

(53/99)