Levy Amount Formula Modification Determination 2015 (Cth)

Commonwealth of Australia

Telecommunications (Consumer Protection and Service Standards) Act 1999

Levy Amount Formula Modification
 Determination 2015

I, MALCOLM BLIGH TURNBULL, Minister for Communications, make the following Determination under subsection 50(2) of the Telecommunications (Consumer Protection and Service Standards) Act 1999.

Dated 30 June 2015

MALCOLM BLIGH TURNBULL

Minister for Communications _________________________________________________________________

1. Name of Determination

This Determination is the Levy Amount Formula Modification Determination

2015.

1. Commencement

This Determination commences on the day after it is registered on the Federal Register of Legislative Instruments.

1. Application

This Determination applies to all eligible levy periods.

1. Definitions

In this Determination:

ACMA means the Australian Communications and Media Authority.

Note: The terms eligible levy period, eligible revenue period and participating person have the same meaning as given by section 5 of the Act.

Act means the Telecommunications (Consumer Protection and Service Standards) Act 1999.

1. Modification of the formula in subsection 50(1) of the Act

The formula in subsection 50(1) of the Act is modified by omitting subsection 50(1) and substituting the following:

Levy amount – for participating persons that cease to exist

(1)          If:

(a)a person is a participating person for an eligible revenue period (the relevant eligible revenue period); and

(b)that person ceases to exist before the date of assessment;

then, for the purposes of this Act, the levy amount for that person for the eligible levy period starting immediately after the relevant eligible revenue period is zero.

where:

date of assessment means the date decided by the ACMA, being a date which is no earlier than the end of the relevant eligible revenue period and no later than the date the ACMA issues its written assessment under section 51 of the Act.

Levy amount – for participating persons under external administration

(1A)       If:

(a)a person is a participating person for an eligible revenue period (the relevant eligible revenue period); and

(b)that person is an externally-administered body corporate before the date of assessment;

then, for the purposes of this Act, the levy amount for that person for the eligible levy period starting immediately after the relevant eligible revenue period is the amount worked out using the formula:

Levy contribution factor x Overall levy target amount

where:

date of assessment means the date decided by the ACMA, being a date which is no earlier than the end of the relevant eligible revenue period and no later than the date the ACMA issues its written assessment under section 51 of the Act.

externally-administered body corporate has the same meaning as in section 9 of the Corporations Act 2001.

levy contribution factor means the person’s levy contribution factor for the eligible levy period, worked out under section 49 of the Act.

overall levy target amount means the overall levy target amount for the eligible levy period worked out under section 41 of the Act.

Note 1: External administration is primarily dealt with by Chapter 5 of the Corporations Act 2001. Chapter 5 includes provisions dealing with schemes of arrangement, administration, receivership and winding up.

Note 2:     The Telecommunications (Industry Levy) Act 2012 imposes levy on the levy amount.

Levy amount – all other participating persons

(1B)       If:

(a)a person is a participating person for an eligible revenue period (the relevant eligible revenue period); and

(b)   subsections (1) and (1A) of the Act do not apply to that person;

then, for the purposes of this Act, the levy amount for that person for the eligible levy period starting immediately after the relevant eligible revenue period is the amount worked out using the formula:

Levy contribution factor x (Overall levy target amount + Previous levy deficit)

Adjustment factor

where:

adjustment factor means the sum of the levy contribution factors for that eligible levy period worked out under section 49 of the Act for all participating persons covered by this subsection (1B).

levy contribution factor means the person’s levy contribution factor for the eligible levy period worked out under section 49 of the Act.

overall levy target amount means the overall levy target amount for that eligible levy period worked out under section 41 of the Act.

previous levy deficit means:

(a)for the eligible levy period which is the 2014-15 financial year, the total of any shortfall between the ‘overall levy target amount’ (as defined in the Telecommunications Universal Service Management Agency Act 2012 immediately prior to its repeal) for the 2013-14 financial year and the aggregate levy paid under the Telecommunications (Industry Levy) Act 2012 in respect of the 2013-14 financial year; and

(b)unless paragraph (a) applies, the total of any shortfall between the ‘overall levy target amount’ for the eligible levy period immediately before the relevant eligible levy period and the amounts paid by all participating persons to the Commonwealth for that earlier eligible levy period.

Note:         The Telecommunications (Industry Levy) Act 2012 imposes levy on the levy amount.