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TELECOMMUNICATIONS (CONSUMER PROTECTION AND SERVICE STANDARDS) ACT 1999 - SECT 86

Nominal funding entitlement certificate

Funding financial year

  (1)   For the purposes of this section, funding financial year means:

  (a)   the second eligible financial year; or

  (b)   a later eligible financial year.

Issue of certificate

  (2)   If a carrier is an eligible funding recipient at the start of 1   February in a funding financial year, the Secretary must:

  (a)   issue to the carrier a certificate stating that a specified amount is the nominal funding entitlement of the carrier for the funding financial year; and

  (b)   do so:

  (i)   by the end of 31   March in the funding financial year; and

  (ii)   if the carrier has applied under subsection   98(1) for a charge offset certificate in relation to the previous financial year--before making a decision in response to the application.

  (3)   A certificate issued under subsection   (1) is to be known as a nominal funding entitlement certificate .

Estimated balance of Regional Broadband Scheme Special Account

  (4)   The following provisions have effect in relation to the issue of nominal funding entitlement certificates in relation to a funding financial year:

  (a)   before issuing those certificates, the Secretary must make an estimate of so much of the balance of the Regional Broadband Scheme Special Account as at 7   May in the funding financial year as is attributable to amounts paid to the Commonwealth by way of:

  (i)   so much of an amount of charge as is attributable to the annual base amount for a financial year; or

  (ii)   a base instalment of charge; and

  (b)   in issuing those certificates, the Secretary must have regard to that estimate.

Payments to holder of certificate

  (5)   If:

  (a)   a carrier is an eligible funding recipient; and

  (b)   the carrier is the holder of a nominal funding entitlement certificate in relation to a funding financial year;

the Secretary must take all reasonable steps to ensure that the total of:

  (c)   the amounts that have, or will, become due and payable by the Commonwealth to the carrier under section   80 contracts during the funding financial year; and

  (d)   the section   80 grants that were, or will be, made to the carrier during the funding financial year;

equals whichever of the following amounts is applicable:

  (e)   if the carrier holds a charge offset certificate for the previous financial year--the nominal funding entitlement of the carrier for the funding financial year, reduced by the amount specified in the charge offset certificate;

  (f)   if the carrier does not hold a charge offset certificate for the previous financial year--the nominal funding entitlement of the carrier for the funding financial year.

Copy of certificate to be given to the ACMA

  (6)   If the Secretary issues a nominal funding entitlement certificate, the Secretary must give a copy of the certificate to the ACMA.

Publication of certificate

  (7)   If the Secretary issues a nominal funding entitlement certificate, the Secretary must publish a copy of the certificate on the Department's website.

Certificate cannot be transferred

  (8)   A nominal funding entitlement certificate cannot be transferred.



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