Commonwealth Numbered Acts

TELECOMMUNICATIONS ACT 1975 No. 55 of 1975 - SECT 12

12. (1) This section applies to the Commission in respect of a financial year
where-

   (a)  the Commission has submitted to the Minister for his approval a
        determination that it proposes to make under sub-section 11 (1) with a
        view to fulfilling the financial policy that it is pursuing in respect
        of that financial year, but the Minister has refused to grant his
        approval; and

   (b)  subsequent to that refusal, the Commission-

        (i)    after having given consideration to any suggestions with
               respect to rentals and charges made by the Minister when
               refusing to approve the determination referred to in paragraph
               (a); and

        (ii)   after having reconsidered the proposed expenditures of the
               Commission, the proportion specified in the application for the
               Minister's approval in accordance with sub-paragraph 11 (3) (c)
               (i) and all rentals and charges referred to in section 11, with
               a view to formulating a financial policy in respect of that
               year and carrying out that policy otherwise than by charging
               the rentals and charges proposed in the determination referred
               to in paragraph (a),

has submitted to the Minister an application in accordance with sub-section 11
(3) for his approval of another determination (in this section referred to as
the second determination), whether or not differing from the original proposed
determination, that the Commission proposes to make under sub-section 11 (1),
but the Minister has refused to grant his approval.

(2) Where, after the end of a financial year in respect of which this section
applies to the Commission, the Minister is satisfied that the Commission has
complied with sub-section 73 (2) in respect of the year and that, for reasons
related, either in whole or in part, to his having refused to approve under
sub-section 11 (1) the second determination, the revenue that the Commission
would have required in respect of the financial year for the purpose of
enabling it-

   (a)  to have met, out of that revenue, all expenditure, and provision for
        expenditure, of the Commission in respect of that year properly
        chargeable to the revenue; and

   (b)  to have provided, for expenditure by the Commission by way of capital
        expenditure, a sum equal to the proportion specified in the
        application made to the Minister in respect of the second
        determination in pursuance of sub-paragraph 11 (3) (c) (i) of the
        amount ascertained in respect of that financial year in accordance
        with the formula specified in paragraph 73 (1) (b) or equal to
        one-half of the amount so ascertained, whichever is the less, exceeds
        the revenue of the Commission in respect of that year, the Commission
        is entitled to be paid by Australia-

   (c)  an amount equal to the excess;

   (d)  an amount equal to the amount by which the revenue of the Commission
        in respect of that year was less than the amount specified in the
        application made to the Minister in respect of that second
        determination in pursuance of sub-paragraph 11 (3) (c) (ii); or

   (e)  an amount equal to the amount by which the revenue of the Commission
        in respect of that year is less than the revenue that, in the opinion
        of the Minister, the Commission would have received in respect of that
        year if that second determination had been approved by the Minister
        and made by the Commission, whichever is the least.

(3) Where the Minister, when refusing to approve the second determination in
respect of a financial year, notifies the Commission the rentals and charges
of a kind referred to in sub-section 11 (1) that he would be prepared to
approve in respect of that year but the Commission does not make a
determination under sub-section 11 (1) fixing or varying the rentals and
charges accordingly, the Commission is not entitled to be paid an amount by
Australia under sub-section (2) of this section in respect of that financial
year.

(4) The Minister may, when notifying the Commission the rentals and charges
that he would be prepared to approve in respect of a year, specify any
concessional rentals or charges that should, in his opinion, be provided for
persons included in a specified class of persons.

(5) The Treasurer may, out of moneys appropriated by the Parliament for the
purpose, make advances to the Commission, at such times as he thinks fit, of
such amounts as he thinks fit on account of any amount that may become payable
under sub-section (2).

(6) The Commission is liable to repay to Australia, upon demand by the
Treasurer, the amount by which the total amounts (including advances) paid to
the Commission under this section exceeds the total of those amounts that have
become payable to the Commission under sub-section (2).

(7) The Commission shall cause particulars of any refusal by the Minister to
approve a determination under sub-section 11 (1) to be set out in the report
of the Commission under section 99 with respect to its operations during the
year in which the approval was refused.