Commonwealth Consolidated Acts

TELECOMMUNICATIONS (CONSUMER PROTECTION AND SERVICE STANDARDS) ACT 1999 - SECT 98

Application

  (1)   If:

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

  (b)   the ACMA has made an assessment under section   102 setting out the charge payable by the person for a financial year (the charge financial year );

the person may, at any time during the period:

  (c)   beginning when the assessment was made; and

  (d)   ending at the end of the standard due date (within the meaning of section   102D) for the charge financial year;

apply to the Secretary for the issue to the person of a charge offset certificate for the charge financial year.

  (2)   An application under subsection   (1) must:

  (a)   be in writing; and

  (b)   be in a form approved, in writing, by the Secretary; and

  (c)   be accompanied by such information as is specified in rules made under subsection   (9).

Issue of certificate

  (3)   If:

  (a)   an application under subsection   (1) has been made for the issue to a person of a charge offset certificate for the charge financial year; and

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

  (c)   rules made under subsection   (9) for the purposes of this paragraph are in force; and

  (d)   the conditions set out in those rules are satisfied;

the Secretary must:

  (e)   issue a certificate stating that the person is entitled to a charge offset for the charge financial year equal to the amount specified in the certificate; and

  (f)   do so by the end of 31   March next following the charge financial year.

  (4)   The amount specified in the certificate:

  (a)   must be the amount ascertained in accordance with rules made under subsection   (9); and

  (b)   must not exceed the nominal funding entitlement of the person for the next financial year; and

  (c)   must not exceed the annual base amount of the person for the charge financial year.

  (5)   A certificate issued under subsection   (3) is to be known as a charge offset certificate .

Refusal

  (6)   If the Secretary decides to refuse to issue a charge offset certificate to a person, the Secretary must give written notice of the decision to the person.

Copy of certificate

  (7)   If the Secretary issues a charge offset certificate, the Secretary must give a copy of the certificate to the ACMA.

Charge offset certificate cannot be transferred

  (8)   A charge offset certificate cannot be transferred.

Rules

  (9)   The Minister may, by legislative instrument, make rules for the purposes of this section.