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This is a Bill, not an Act. For current law, see the Acts databases.
1998-99
The Parliament of
the
Commonwealth of
Australia
HOUSE OF
REPRESENTATIVES
Presented and read a first
time
Telecommunications
Laws Amendment (Universal Service Cap) Bill
1999
No. ,
1999
(Communications, Information Technology and the
Arts)
A Bill for an Act to amend the
Telecommunications Act 1997 and the Telecommunications (Consumer
Protection and Service Standards) Act 1999, and for other
purposes
ISBN: 0642
391491
Contents
A Bill for an Act to amend the Telecommunications
Act 1997 and the Telecommunications (Consumer Protection and Service
Standards) Act 1999, and for other purposes
The Parliament of Australia enacts:
This Act may be cited as the Telecommunications Laws Amendment
(Universal Service Cap) Act 1999.
(1) Subject to this section, this Act commences on the day on which it
receives the Royal Assent.
(2) If this Act does not receive the Royal Assent before 30 June 1999,
Schedule 1 is taken to have commenced on 30 June 1999.
(3) Schedule 2 commences, or is taken to have commenced, immediately after
the commencement of Part 2 of the Telecommunications (Consumer Protection and
Service Standards) Act 1999.
Subject to section 2, each Act that is specified in a Schedule to this
Act is amended or repealed as set out in the applicable items in the Schedule
concerned, and any other item in a Schedule to this Act has effect according to
its terms.
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;
the person may, by written notice given to the ACA within 60 days after the
determination was made or varied, vary the claim.
(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.
(11) A form approved by the ACA for the purposes of subsection (9) may
provide for verification by a statutory declaration of statements in variations
of claims for levy credits.
(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.
(14) A person’s net universal service cost for the 1997-1998
financial year is whichever is the lesser of the following amounts:
(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.
(15) A person’s net universal service cost for the 1998-1999
financial year or 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 (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.
(16) The Minister may make a written determination:
(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.
(17) The Minister may make a written determination:
(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.
(18) To avoid doubt, in making a determination under subsection (16) or
(17), the Minister is not required to have regard to paragraph 138(c) or
(d).
(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;
by:
(b) the sum of the index numbers for quarters in the 12-month period
ending on 31 March in the 1997-1998 financial year.
(21) The indexation factor is to be calculated to 3 decimal places, but
increased by .001 if the fourth decimal place is more than 4.
(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;
then:
(b) after the change, only numbers published in terms of the new base are
to be used.
(23) Before deciding whether to make or vary a determination under
subsection (16) or (17), 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.
(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.
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;
the person may, by written notice given to the ACA within 60 days after the
determination was made or varied, vary the claim.
(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.
(11) A form approved by the ACA for the purposes of subsection (9) may
provide for verification by a statutory declaration of statements in variations
of claims for levy credits.
(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.
(14) The Minister may make a written determination:
(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.
(15) The Minister may make a written determination:
(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.
(16) To avoid doubt, in making a determination under subsection (14) or
(15), the Minister is not required to have regard to paragraph 9(c) or
(d).
(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;
by:
(b) the sum of the index numbers for quarters in the 12-month period
ending on 31 March in the 1997-1998 financial year.
(19) The indexation factor is to be calculated to 3 decimal places, but
increased by .001 if the fourth decimal place is more than 4.
(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;
then:
(b) after the change, only numbers published in terms of the new base are
to be used.
(21) Section 48 (definition of financial year) does not
apply to subsection (18).
(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).