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This is a Bill, not an Act. For current law, see the Acts databases.
2019
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Telecommunications (Regional
Broadband Scheme) Charge Bill 2019
No. , 2019
(Communications, Cyber Safety and the Arts)
A Bill for an Act to impose a charge to support the
funding of fixed wireless broadband and satellite
broadband, and for related purposes
No. , 2019
Telecommunications (Regional Broadband Scheme) Charge Bill 2019
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Definitions ......................................................................................... 2
4
Extension to external Territories ....................................................... 4
5
Act to bind Crown ............................................................................. 5
6
Imposition of charge .......................................................................... 5
7
Amount of charge .............................................................................. 5
8
Person liable to pay charge ................................................................ 5
9
Annual chargeable premises amount ................................................. 5
10
Annual base amount .......................................................................... 6
11
Monthly base amount ........................................................................ 6
12
Base component ................................................................................ 6
13
Advice by the ACCC about base component..................................... 8
14
Annual administrative cost amount ................................................... 9
15
Monthly administrative cost amount ............................................... 10
16
Administrative cost component ....................................................... 10
17
Advice by the ACCC about administrative cost component ............ 12
17A
Combined component cap ............................................................... 13
18
Indexation factor .............................................................................. 13
19
Disallowance of determinations ...................................................... 14
20
Transitional--reduction in total number of chargeable
premises ........................................................................................... 16
No. , 2019
Telecommunications (Regional Broadband Scheme) Charge Bill 2019
1
A Bill for an Act to impose a charge to support the
1
funding of fixed wireless broadband and satellite
2
broadband, and for related purposes
3
The Parliament of Australia enacts:
4
1 Short title
5
This Act is the
Telecommunications (Regional Broadband Scheme)
6
Charge Act 2019.
7
2 Commencement
8
(1) Each provision of this Act specified in column 1 of the table
9
commences, or is taken to have commenced, in accordance with
10
Section 3
2
Telecommunications (Regional Broadband Scheme) Charge Bill 2019
No. , 2019
column 2 of the table. Any other statement in column 2 has effect
1
according to its terms.
2
3
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. Sections 1 and
2 and anything in
this Act not
elsewhere covered
by this table
The day this Act receives the Royal Assent.
2. Sections 3 to
20
At the same time as Schedule 4 to the
Telecommunications Legislation Amendment
(Competition and Consumer) Act 2019
commences.
Note:
This table relates only to the provisions of this Act as originally
4
enacted. It will not be amended to deal with any later amendments of
5
this Act.
6
(2) Any information in column 3 of the table is not part of this Act.
7
Information may be inserted in this column, or information in it
8
may be edited, in any published version of this Act.
9
3 Definitions
10
In this Act:
11
ACCC
means the Australian Competition and Consumer
12
Commission.
13
administrative cost component
, for a month,
has the meaning
14
given by section 16.
15
amount
includes a nil amount.
16
annual administrative cost amount
, for an eligible financial year,
17
has the meaning given by section 14.
18
annual base amount
, for an eligible financial year, has the
19
meaning given by section 10.
20
Section 3
No. , 2019
Telecommunications (Regional Broadband Scheme) Charge Bill 2019
3
annual chargeable premises amount
, for an eligible financial
1
year, has the meaning given by section 9.
2
base component
, for a month, has the meaning given by
3
section 12.
4
carriage service provider
has the same meaning as in the
5
Telecommunications Act 1997
.
6
chargeable premises associated with a local access line
of a
7
person for a month
has the same meaning as in Part 3 of the
8
Telecommunications (Consumer Protection and Service Standards)
9
Act 1999
.
10
combined component cap
, for a month, has the meaning given by
11
section 17A.
12
connection
, in relation to a telecommunications network, has the
13
same meaning as in the
Telecommunications Act 1997
.
14
Note:
See the definition of
connected
in section 7 of the
15
Telecommunications Act 1997
,
and section 18A of the
Acts
16
Interpretation Act 1901
.
17
designated administrative costs
has the same meaning as in Part 3
18
of the
Telecommunications (Consumer Protection and Service
19
Standards) Act 1999
.
20
eligible financial year
has the same meaning as in Part 3 of the
21
Telecommunications (Consumer Protection and Service Standards)
22
Act 1999
.
23
eligible funding recipient
has the same meaning as in Part 3 of the
24
Telecommunications (Consumer Protection and Service Standards)
25
Act 1999
.
26
eligible service
has the same meaning as in section 152AL of the
27
Competition and Consumer Act 2010
.
28
facilities
has the same meaning as in the
Telecommunications Act
29
1997
.
30
Note:
See the definition of
facility
in section 7 of the
Telecommunications
31
Act 1997
(when read together with section 18A of the
Acts
32
Interpretation Act 1901
).
33
Section 4
4
Telecommunications (Regional Broadband Scheme) Charge Bill 2019
No. , 2019
fixed wireless broadband service
has the same meaning as in the
1
Telecommunications Act 1997
.
2
indexation factor
, for a financial year,
has the meaning given by
3
section 18.
4
index number
, in relation to a quarter, means the All Groups
5
Consumer Price Index number, being the weighted average of the 8
6
capital cities, published by the Australian Statistician in respect of
7
that quarter.
8
month
means calendar month.
9
monthly administrative cost amount
, for a month,
has the meaning
10
given by section 15.
11
monthly base amount
, for a month,
has the meaning given by
12
section 11.
13
person
has the same meaning as in the
Telecommunications Act
14
1997
.
15
potentially concessional premises
has the same meaning as in
16
Part 3 of the
Telecommunications (Consumer Protection and
17
Service Standards) Act 1999
.
18
recently connected greenfield premises
, in relation to a person for
19
a month,
has the same meaning as in Part 3 of the
20
Telecommunications (Consumer Protection and Service Standards)
21
Act 1999
.
22
satellite broadband service
has the same meaning as in Part 3 of
23
the
Telecommunications (Consumer Protection and Service
24
Standards) Act 1999
.
25
telecommunications network
has the same meaning as in the
26
Telecommunications Act 1997
.
27
4 Extension to external Territories
28
This Act extends to each external Territory referred to in section 10
29
of the
Telecommunications Act 1997
.
30
Section 5
No. , 2019
Telecommunications (Regional Broadband Scheme) Charge Bill 2019
5
Note:
See also section 7 of the
Telecommunications (Consumer Protection
1
and Service Standards) Act 1999
.
2
5 Act to bind Crown
3
This Act binds the Crown in right of each of the States, of the
4
Australian Capital Territory and of the Northern Territory.
5
However, it does not bind the Crown in right of the
6
Commonwealth.
7
6 Imposition of charge
8
If a person has an annual chargeable premises amount for an
9
eligible financial year, charge is imposed on that amount.
10
7 Amount of charge
11
The amount of a charge that this Act imposes on an annual
12
chargeable premises amount for an eligible financial year is equal
13
to that annual chargeable premises amount.
14
8 Person liable to pay charge
15
Charge imposed by this Act on a person's annual chargeable
16
premises amount for an eligible financial year is payable by the
17
person.
18
9 Annual chargeable premises amount
19
(1) For the purposes of this Act, a person's
annual chargeable
20
premises amount
for an eligible financial year is the sum of:
21
(a) the person's annual base amount for the eligible financial
22
year; and
23
(b) the person's annual administrative cost amount for the
24
eligible financial year.
25
(2) If a person's annual chargeable premises amount
for an eligible
26
financial year:
27
(a) is not an amount of whole dollars; and
28
(b) is above zero;
29
Section 10
6
Telecommunications (Regional Broadband Scheme) Charge Bill 2019
No. , 2019
the amount is to be rounded to the nearest dollar (rounding 50 cents
1
upwards).
2
(3) For the purposes of subsection (2),
dollar
includes $0.
3
10 Annual base amount
4
(1) For the purposes of this Act, a person's
annual base amount
for an
5
eligible financial year is the sum of the person's monthly base
6
amounts for each of the months in the eligible financial year.
7
(2) If there are no chargeable premises associated with a local access
8
line of the person for a particular month, disregard that month for
9
the purposes of subsection (1).
10
11 Monthly base amount
11
For the purposes of this Act, a person's
monthly base amount
for a
12
month is the amount calculated using the formula:
13
Number of chargeable premises
Base component
associated with a local access line
14
where:
15
base component
means the base component for that month.
16
number of chargeable premises associated with a local access
17
line
means the total number of chargeable premises associated with
18
a local access line of the person for that month.
19
Note:
If that month is in the first, second, third, fourth or fifth eligible
20
financial year, the total number may be reduced under section 20.
21
12 Base component
22
First eligible financial year
23
(1) For the purposes of this Act, the
base component
for a month in
24
the first eligible financial year is:
25
(a) $7.09; or
26
(b) if another amount is determined under subsection (4) in
27
relation to that month--that other amount.
28
Section 12
No. , 2019
Telecommunications (Regional Broadband Scheme) Charge Bill 2019
7
Second and subsequent eligible financial years
1
(2) For the purposes of this Act, the
base component
for a month in:
2
(a) the second eligible financial year; or
3
(b) a later financial year;
4
is:
5
(c) the amount calculated using the formula in subsection (3); or
6
(d) if another amount is determined under subsection (4) in
7
relation to that month--that other amount.
8
(3) The formula mentioned in paragraph (2)(c) is:
9
Previous base component
Indexation factor
10
where:
11
indexation factor
means the indexation factor for the financial
12
year.
13
previous base component
means the base component for a month
14
in the previous financial year.
15
Determinations
16
(4) The Minister may, by legislative instrument:
17
(a) for the purposes of paragraph (1)(b), determine a single
18
specified amount in relation to each of the months in the first
19
eligible financial year; or
20
(b) for the purposes of paragraph (2)(d), determine a single
21
specified amount in relation to each of the months in a
22
specified financial year.
23
Note:
See also section 19.
24
(5) In deciding whether to make a determination under subsection (4),
25
the Minister must have regard to the following:
26
(a) the most recent advice that the ACCC has given to the
27
Minister under section 13;
28
(b) such other matters (if any) as the Minister considers relevant.
29
Section 13
8
Telecommunications (Regional Broadband Scheme) Charge Bill 2019
No. , 2019
(6) The Minister must not make a determination under subsection (4)
1
unless the ACCC has given advice to the Minister under
2
section 13.
3
(7) A determination under subsection (4) must not be inconsistent with
4
section 17A (which deals with the combined component cap).
5
13 Advice by the ACCC about base component
6
(1) The ACCC:
7
(a) may give advice to the Minister in relation to the exercise of
8
the Minister's power under subsection 12(4); and
9
(b) must do so:
10
(i) at least once during the 5-year period beginning at the
11
commencement of this section; and
12
(ii) at least once during each subsequent 5-year period.
13
(2) In giving advice under subsection (1), the ACCC:
14
(a) must have regard to the principle set out in subsection (3);
15
and
16
(b) may have regard to such other matters (if any) as the ACCC
17
considers relevant.
18
(3) The principle mentioned in paragraph (2)(a) is that amounts
19
received by the Commonwealth by way of so much of charge
20
imposed under this Act as is attributable to the annual base amount
21
should be sufficient, over time, to offset reasonable losses incurred
22
by eligible funding recipients in relation to:
23
(a) the connection of premises to a telecommunications network
24
in order that a carriage service provider can provide:
25
(i) fixed wireless broadband services to an end-user at the
26
premises; or
27
(ii) satellite broadband services to an end-user at the
28
premises; or
29
(b) the supply of eligible services to a carriage service provider
30
in order that the carriage service provider can provide:
31
(i) fixed wireless broadband services to an end-user at
32
premises; or
33
Section 14
No. , 2019
Telecommunications (Regional Broadband Scheme) Charge Bill 2019
9
(ii) satellite broadband services to an end-user at premises;
1
or
2
(c) facilities that are used, or proposed to be used, to supply:
3
(i) fixed wireless broadband services; or
4
(ii) satellite broadband services; or
5
(d) a matter that is incidental or ancillary to a matter mentioned
6
in paragraph (a), (b) or (c).
7
(4) For the purposes of subsection (3), it is immaterial whether losses
8
were incurred before or after the commencement of this section.
9
(5) In giving advice under subsection (1), the ACCC must assume that
10
Division 6 of Part 3 of the
Telecommunications (Consumer
11
Protection and Service Standards) Act 1999
had not been enacted.
12
Note:
That Division deals with charge offset certificates.
13
(6) To avoid doubt, the use of the word "Regional"
in:
14
(a) the short title of this Act; or
15
(b) the name of the Regional Broadband Scheme Special
16
Account; or
17
(c) section 92A of the
Telecommunications (Consumer
18
Protection and Service Standards) Act 1999
;
19
does not limit subsection (3) of this section.
20
14 Annual administrative cost amount
21
(1) For the purposes of this Act, a person's
annual administrative cost
22
amount
for an eligible financial year is the sum of the person's
23
monthly administrative cost amounts for each of the months in the
24
eligible financial year.
25
(2) If there are no chargeable premises associated with a local access
26
line of the person for a particular month, disregard that month for
27
the purposes of subsection (1).
28
Section 15
10
Telecommunications (Regional Broadband Scheme) Charge Bill 2019
No. , 2019
15 Monthly administrative cost amount
1
For the purposes of this Act, a person's
monthly administrative
2
cost amount
for a month is the amount calculated using the
3
formula:
4
Number of chargeable premises
Administrative cost component
associated with a local access line
5
where:
6
administrative cost component
means the administrative cost
7
component for that month.
8
number of chargeable premises associated with a local access
9
line
means the total number of chargeable premises associated with
10
a local access line of the person for that month.
11
Note:
If that month is in the first, second, third, fourth or fifth eligible
12
financial year, the total number may be reduced under section 20.
13
16 Administrative cost component
14
(1) For the purposes of this Act, the
administrative cost component
15
for a month in the first eligible financial year is:
16
(a) $0.01; or
17
(b) if another amount is determined under subsection (8) in
18
relation to that month--that other amount.
19
(2) For the purposes of this Act, the
administrative cost component
20
for a month in the second eligible financial year is:
21
(a) $0.00172; or
22
(b) if another amount is determined under subsection (8) in
23
relation to that month--that other amount.
24
(3) For the purposes of this Act, the
administrative cost component
25
for a month in the third eligible financial year is:
26
(a) $0.00; or
27
(b) if another amount is determined under subsection (8) in
28
relation to that month--that other amount.
29
Section 16
No. , 2019
Telecommunications (Regional Broadband Scheme) Charge Bill 2019
11
(4) For the purposes of this Act, the
administrative cost component
1
for a month in the fourth eligible financial year is:
2
(a) $0.0027; or
3
(b) if another amount is determined under subsection (8) in
4
relation to that month--that other amount.
5
(5) For the purposes of this Act, the
administrative cost component
6
for a month in the fifth eligible financial year is:
7
(a) $0.00; or
8
(b) if another amount is determined under subsection (8) in
9
relation to that month--that other amount.
10
(6) For the purposes of this Act, the
administrative cost component
11
for a month in:
12
(a) the sixth eligible financial year; or
13
(b) a later financial year;
14
is:
15
(c) the amount calculated, to 5 decimal places (rounding up if the
16
sixth decimal place is 5 or more), using the formula in
17
subsection (7); or
18
(d) if another amount is determined under subsection (8) in
19
relation to that month--that other amount.
20
(7) The formula mentioned in paragraph (6)(c) is:
21
Previous administrative cost component
Indexation factor
22
where:
23
indexation factor
means the indexation factor for the financial
24
year.
25
previous administrative cost component
means the administrative
26
cost component for a month in the previous financial year.
27
Determinations
28
(8) The Minister may, by legislative instrument:
29
(a) for the purposes of paragraph (1)(b), determine a single
30
specified amount in relation to each of the months in the first
31
eligible financial year; or
32
Section 17
12
Telecommunications (Regional Broadband Scheme) Charge Bill 2019
No. , 2019
(b) for the purposes of paragraph (2)(b), determine a single
1
specified amount in relation to each of the months in the
2
second eligible financial year; or
3
(c) for the purposes of paragraph (3)(b), determine a single
4
specified amount in relation to each of the months in the third
5
eligible financial year; or
6
(d) for the purposes of paragraph (4)(b), determine a single
7
specified amount in relation to each of the months in the
8
fourth eligible financial year; or
9
(e) for the purposes of paragraph (5)(b), determine a single
10
specified amount in relation to each of the months in the fifth
11
eligible financial year; or
12
(f) for the purposes of paragraph (6)(d), determine a single
13
specified amount in relation to each of the months in a
14
specified financial year.
15
Note:
See also section 19.
16
(9) In deciding whether to make a determination under subsection (8),
17
the Minister must have regard to the following:
18
(a) the most recent advice that the ACCC has given to the
19
Minister under section 17;
20
(b) such other matters (if any) as the Minister considers relevant.
21
(10) The Minister must not make a determination under subsection (8)
22
unless the ACCC has given advice to the Minister under
23
section 17.
24
(11) A determination under subsection (8) must not be inconsistent with
25
section 17A (which deals with the combined component cap)
26
17 Advice by the ACCC about administrative cost component
27
(1) The ACCC:
28
(a) may give advice to the Minister in relation to the exercise of
29
the Minister's power under subsection 16(8); and
30
(b) must do so:
31
(i) at least once during the 5-year period beginning at the
32
commencement of this section; and
33
(ii) at least once during each subsequent 5-year period.
34
Section 17A
No. , 2019
Telecommunications (Regional Broadband Scheme) Charge Bill 2019
13
(2) In giving advice under subsection (1), the ACCC:
1
(a) must have regard to the principle that amounts received by
2
the Commonwealth by way of so much of charge imposed
3
under this Act as is attributable to the annual administrative
4
cost amount should be sufficient, over time, to offset
5
designated administrative costs incurred after the start of the
6
first eligible financial year; and
7
(b) may have regard to such other matters (if any) as the ACCC
8
considers relevant.
9
17A Combined component cap
10
(1) The sum of:
11
(a) the base component for a month; and
12
(b) the administrative cost component for that month;
13
must not exceed the combined component cap for that month.
14
(2) For the purposes of this Act, the
combined component cap
for a
15
month in the first eligible financial year is $7.10.
16
(3) For the purposes of this Act, the
combined component cap
for a
17
month in:
18
(a) the second eligible financial year; or
19
(b) a later eligible financial year;
20
is the amount calculated using the following formula:
21
Previous combined component cap
Indexation factor
22
where:
23
indexation factor
means the indexation factor for the financial
24
year.
25
previous combined component cap
means the combined
26
component cap for a month in the previous financial year.
27
18 Indexation factor
28
(1) For the purposes of this Act, the
indexation factor
for a financial
29
year is the number calculated, to 3 decimal places (rounding up if
30
the fourth decimal place is 5 or more), using the formula:
31
Section 19
14
Telecommunications (Regional Broadband Scheme) Charge Bill 2019
No. , 2019
Index number for the reference March quarter
Index number for the base March quarter
1
where:
2
base March quarter
means the last March quarter before the
3
reference March quarter.
4
reference March quarter
means the last March quarter before the
5
financial year.
6
(2) Subject to subsection (3), if (whether before or after the
7
commencement of this section) the Australian Statistician has
8
published or publishes an index number in respect of a quarter in
9
substitution for an index number previously published in respect of
10
that quarter, the publication of the later index number must be
11
disregarded for the purposes of this section.
12
(3) If (whether before or after the commencement of this section) the
13
Australian Statistician has changed or changes the index reference
14
period for the Consumer Price Index, then, for the purposes of the
15
application of this section after the change took place or takes
16
place, regard must only be had to the index number published in
17
terms of the new index reference period.
18
19 Disallowance of determinations
19
Scope
20
(1) This section applies to a determination made under
21
subsection 12(4) or 16(8).
22
Disallowance
23
(2) Either House of the Parliament may, following a motion upon
24
notice, pass a resolution disallowing the determination. For the
25
resolution to be effective:
26
(a) the notice must be given in that House within 15 sitting days
27
of that House after the copy of the determination was tabled
28
in the House under section 38 of the
Legislation Act 2003
;
29
and
30
Section 19
No. , 2019
Telecommunications (Regional Broadband Scheme) Charge Bill 2019
15
(b) the resolution must be passed, in pursuance of the motion,
1
within 15 sitting days of that House after the giving of that
2
notice.
3
(3) If neither House passes such a resolution, the determination takes
4
effect on the day immediately after the last day upon which such a
5
resolution could have been passed if it were assumed that notice of
6
a motion to disallow the determination was given in each House on
7
the last day of the 15 sitting day period of that House mentioned in
8
paragraph (2)(a).
9
(3A) If:
10
(a) notice of a motion to disallow the determination is given in a
11
House of the Parliament within 15 sitting days of that House
12
after the copy of the determination was tabled in that House
13
under section 38 of the
Legislation Act 2003
; and
14
(b) at the end of 15 sitting days of that House after the giving of
15
that notice of motion:
16
(i) the notice has not been withdrawn and the motion has
17
not been called on; or
18
(ii) the motion has been called on, moved and (where
19
relevant) seconded and has not been withdrawn or
20
otherwise disposed of;
21
the determination is then taken to have been disallowed, and
22
subsection (3) does not apply to the determination.
23
(4) Section 42 (disallowance) of the
Legislation Act 2003
does not
24
apply to the determination.
25
Note 1:
The 15 sitting day notice period mentioned in paragraph (2)(a) of this
26
section is the same as the 15 sitting day notice period mentioned in
27
paragraph 42(1)(a) of the
Legislation Act 2003
.
28
Note 2:
The 15 sitting day disallowance period mentioned in paragraph (2)(b)
29
of this section is the same as the 15 sitting day disallowance period
30
mentioned in paragraph 42(1)(b) of the
Legislation Act 2003
.
31
Section 20
16
Telecommunications (Regional Broadband Scheme) Charge Bill 2019
No. , 2019
20 Transitional--reduction in total number of chargeable premises
1
25,000 or more potentially concessional premises where no
2
premises are recently connected greenfield premises
3
(1) For the purposes of this Act, if:
4
(a) the total number of potentially concessional premises in
5
relation to a person for a month in:
6
(i) the first eligible financial year; or
7
(ii) the second eligible financial year; or
8
(iii) the third eligible financial year; or
9
(iv) the fourth eligible financial year; or
10
(v) the fifth eligible financial year;
11
is 25,000 or more; and
12
(b) none of the chargeable premises associated with a local
13
access line of the person for that month are recently
14
connected greenfield premises in relation to the person for
15
that month;
16
the total number of chargeable premises associated with a local
17
access line of the person for that month is to be reduced by 25,000.
18
Less than 25,000 potentially concessional premises where no
19
premises are recently connected greenfield premises
20
(2) For the purposes of this Act, if:
21
(a) the total number of potentially concessional premises in
22
relation to a person for a month in:
23
(i) the first eligible financial year; or
24
(ii) the second eligible financial year; or
25
(iii) the third eligible financial year; or
26
(iv) the fourth eligible financial year; or
27
(v) the fifth eligible financial year;
28
is less than 25,000; and
29
(b) none of the chargeable premises associated with a local
30
access line of the person for that month are recently
31
connected greenfield premises in relation to the person for
32
that month;
33
Section 20
No. , 2019
Telecommunications (Regional Broadband Scheme) Charge Bill 2019
17
the total number of chargeable premises associated with a local
1
access line of the person for that month is to be reduced by that
2
total number of potentially concessional premises.
3
55,000 or more recently connected greenfield premises
4
(3) For the purposes of this Act, if the total number of recently
5
connected greenfield premises in relation to a person for a month
6
in:
7
(a) the first eligible financial year; or
8
(b) the second eligible financial year; or
9
(c) the third eligible financial year; or
10
(d) the fourth eligible financial year; or
11
(e) the fifth eligible financial year;
12
is 55,000 or more, the total number of chargeable premises
13
associated with a local access line of the person for that month is to
14
be reduced by 55,000.
15
Less than 55,000 recently connected greenfield premises
16
(4) For the purposes of this Act, if the total number of recently
17
connected greenfield premises in relation to a person for a month
18
in:
19
(a) the first eligible financial year; or
20
(b) the second eligible financial year; or
21
(c) the third eligible financial year; or
22
(d) the fourth eligible financial year; or
23
(e) the fifth eligible financial year;
24
is less than 55,000, the total number of chargeable premises
25
associated with a local access line of the person for that month is to
26
be reduced by that total number of recently connected greenfield
27
premises.
28
Exception--subordinate members of associated groups
29
(5) Subsections (1) and (2) do not apply in relation to a person for a
30
month if the person is a subordinate member of an associated
31
group during the whole or a part of the month.
32
Section 20
18
Telecommunications (Regional Broadband Scheme) Charge Bill 2019
No. , 2019
Associated group
1
(6) For the purposes of this section, if:
2
(a) a person is in a position to exercise control of:
3
(i) a local access line; or
4
(ii) a telecommunications network; and
5
(b) the person has one or more associates;
6
then:
7
(c) the person is taken to belong to an associated group; and
8
(d) the associated group consists of the person and those
9
associates; and
10
(e) each of those associates is a subordinate member of the
11
associated group.
12
(7) For the purposes of subsection (6), the question of whether a
13
person is in a position to exercise control of:
14
(a) a local access line; or
15
(b) a telecommunications network;
16
is to be determined in the same manner in which that question is
17
determined for the purposes of Part 8 of the
Telecommunications
18
Act 1997
.
19
(8) For the purposes of subsection (6), the question of whether a
20
person has one or more associates is to be determined in the same
21
manner in which that question is determined for the purposes of
22
Part 8 of the
Telecommunications Act 1997
.
23
(9) For the purposes of subsection (7),
local access line
has the same
24
meaning as in Part 3 of the
Telecommunications (Consumer
25
Protection and Service Standards) Act 1999
.
26
27