Telecommunications (Consumer Protection and Service Standards) (Late Payment of USO Levy) Determination 2001 (Cth)

Telecommunications (Consumer Protection and Service Standards) (Late Payment of USO Levy) Determination 2001

as amended

made under subsection 23D (2) of the

Telecommunications (Consumer Protection and Service Standards) Act 1999

This compilation was prepared on 5 April 2005
taking into account amendments up to Telecommunications (Consumer Protection and Service Standards) (Late Payment of USO Levy) Amendment Determination
2005 (No. 1)

Prepared by the Office of Legislative Drafting and Publishing,
Attorney-General’s Department, Canberra

Contents

1Name of Determination [see Note 1]  3

2Commencement [see Note 1]  3

3Definitions  3

4Purpose of Determination  3

5Application  3

6Rate of late payment penalty  4

Schedule 1Calculation of previous financial year average GIC rate              5

Notes   6

1. Name of Determination [see Note 1]

This Determination is the Telecommunications (Consumer Protection and Service Standards) (Late Payment of USO Levy) Determination 2001.

1. Commencement [see Note 1]

This Determination commences on gazettal.

1. Definitions

In this Determination:

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

previous financial year average GIC rate means the rate worked out in accordance with Schedule 1.

1. Purpose of Determination

(1)Under section 20U of the Act, the ACA must make a written assessment setting out certain matters relating to the levy imposed by the Telecommunications (Universal Service Levy) Act 1997.

(2)Under section 20Z of the Act, levy assessed under section 20U becomes due and payable on:

(a)the 28th day; or

(b)such later day as is determined in writing by the ACA;

after the ACA gives a copy of the assessment to the participating person in respect of which the levy has been assessed.

(3)Under section 23D of the Act:

(a)if any amount of levy assessed under section 20U that is payable by a person remains unpaid after the day by which it must be paid, the person is liable to a penalty on the unpaid amount for each day until all of the levy has been paid; and

(b)the penalty rate is 20% per year, or such lower rate as the ACA determines in writing for the purposes of subsection 23D (2).

(4)This Determination determines a lower penalty rate.

1. Application

This Determination applies on a day only if the previous financial year average GIC rate on that day is less than 20% per year.

1. Rate of late payment penalty

For subsection 23D (2) of the Act, the penalty rate for a day is the previous financial year average GIC rate.

Schedule 1          Calculation of previous financial year average GIC rate

(section 3)

1. For the definition of previous financial year average GIC rate in section 3, the rate is worked out using the formula:

where:

Q1 means the average of the general interest charge rates, determined under section 8AAD of the Taxation Administration Act 1953, that applied during the first quarter of the financial year that ended most recently before the day for which the rate is being worked out.

Q2 means the average of the general interest charge rates, determined under section 8AAD of the Taxation Administration Act 1953, that applied during the second quarter of the financial year that ended most recently before the day for which the rate is being worked out.

Q3 means the average of the general interest charge rates, determined under section 8AAD of the Taxation Administration Act 1953, that applied during the third quarter of the financial year that ended most recently before the day for which the rate is being worked out.

Q4 means the average of the general interest charge rates, determined under section 8AAD of the Taxation Administration Act 1953, that applied during the fourth quarter of the financial year that ended most recently before the day for which the rate is being worked out.

1. The previous financial year average GIC rate must be rounded to the second decimal place (rounding 0.005 upwards).

Note   The average of the general interest charge rates determined for each quarter is published by the Australian Taxation Office on the website where it is referred to as ‘GIC annual rate (simple interest)’. That reference may be found by searching on that website for ‘GIC rates’.

Notes to the Telecommunications (Consumer Protection and Service Standards) (Late Payment of USO Levy) Determination 2001

Note 1

The Telecommunications (Consumer Protection and Service Standards) (Late Payment of USO Levy) Determination 2001 (in force under subsection 23D (2) of the Telecommunications (Consumer Protection and Service Standards) Act 1999) as shown in this compilation is amended as indicated in the Tables below.

Under the Legislative Instruments Act 2003, which came into force on 1 January 2005, it is a requirement for all non-exempt legislative instruments to be registered on the Federal Register of Legislative Instruments.

Table of Instruments

Title	Date of notification in Gazette or FRLI registration	Date of commencement	Application, saving or transitional provisions
Telecommunications (Consumer Protection and Service Standards) (Late Payment of USO Levy) Determination 2001	28 Nov 2001 (see Gazette 2001, No. GN47)	28 Nov 2001
Telecommunications (Consumer Protection and Service Standards) (Late Payment of USO Levy) Amendment Determination 2005 (No. 1)	24 Mar 2005 (see F2005L00754)	25 Mar 2005	—

Table of Amendments

ad. = added or inserted   am. = amended   rep. = repealed   rs. = repealed and substituted
Provision affected	How affected
S. 3.........................................	am. 2005 No. 1
S. 5.........................................	am. 2005 No. 1
S. 6.........................................	am. 2005 No. 1
Schedule 1
Schedule 1............................	ad. 2005 No. 1