Telecommunications (Non-refundable Code Development Costs) Determination 2006 (Cth)

Telecommunications (Non-refundable Code Development Costs) Determination 2006

as amended

made under subsection 136E(1) of the

Telecommunications Act 1997

This compilation was prepared on 29 May 2014

taking into account amendments up to Telecommunications (Non-refundable Code Development Costs) Determination Variation 2014 (No 1)

Prepared by the Australian Communications and Media Authority

1              Name of Determination

This Determination is the Telecommunications (Non‑refundable Code Development Costs) Determination 2006.

2              Commencement

This Determination commences on the day after it is registered.

3              Definitions

In this Determination:

Act means the Telecommunications Act 1997.

industry participant means:

(a)a person mentioned in section 111 of the Act who is a participant in a section of the telecommunications industry;

(b)a person mentioned in section 111A of the Act who is a participant in a section of the e-marketing industry;

(c)a person mentioned in section 111AA of the Act who is a participant in a section of the telemarketing industry;

(d)a person mentioned in section 111AB of the Act who is a participant in a section of the fax marketing industry.

Note   The following terms are defined in the Act:

·ACMA (section 7);

·      consumer body (subsection 593 (8)).

4              Purpose of determination

(1)   Subsection 136E (1) of the Act allows the ACMA to determine, for Division 6A of Part 6 of the Telecommunications Act 1997, costs that are not refundable costs incurred by a body or association in developing or varying a code.

(2)   This determination sets out non‑refundable costs for Division 6A of Part 6.

5              Costs that are not refundable

For subsection 136E (1) of the Act, the following costs are specified:

(a)    costs that are not directly attributable to the development or variation of a consumer-related industry code;

(b)    costs incurred by an industry participant during the development or variation of a consumer-related industry code that would have been incurred had the participant not participated in the code development or variation process;

(c)    costs incurred by a consumer body that are the subject of:

(i)         a grant of financial assistance under subsection 593 (1) of the Act by the Minister; or

(ii)        another program funded by the Commonwealth;

(d)any cost to the extent to which it was not reasonably incurred as part of the code development or variation process.

Notes to the Telecommunications (Non-refundable Code Development Costs) Determination 2006

Note 1

The Telecommunications (Non-refundable Code Development Costs) Determination 2006 (in force under subsection 136E(1) of the Telecommunications Act 1997) as shown in this compilation is amended as indicated in the Tables below.

Table of Instruments

Title	Date of FRLI registration	Date of commencement	Application, saving or transitional provisions
Telecommunications (Non-refundable Code Development Costs) Determination 2006	24 March 2006 (see F2006L00920)	25 March 2006	___
Telecommunications (Non-refundable Code Development Costs) Determination Variation 2014 (No. 1)	20 May 2014 (see F2014L00569)	21 May 2014	___

Table of Amendments

ad. = added or inserted      am. = amended      rep. = repealed      rs. = repealed and substituted
Provision affected	How affected
S. 3.........................................	am. 2014 No.1
S. 4.........................................	am. 2014 No.1
S. 5.........................................	rs. 2014 No. 1