Insert:

(1)

If a body or association proposes to develop an industry code that:

(a) applies to participants in a particular section of the telecommunications industry; and
(b) deals with one or more matters relating to the telecommunications activities of those participants; and
(c) deals wholly or mainly with one or more matters relating to the relationship between carriage service providers and their retail customers;

the body or association may apply to the ACMA for a declaration that the body or association is eligible for reimbursement of refundable costs incurred by it in developing the code.

Note: For refundable cost , see section 136E.

Form of application etc.

(2)

An application must be:

(a) in writing; and
(b) in accordance with the form approved in writing by the ACMA; and
(c) accompanied by:
(i) an estimate of the total of the refundable costs likely to be incurred by the body or association in developing the code; and
(ii) a statement breaking down that estimate into categories of refundable costs.

Further information

(3)

The ACMA may, within 20 business days after an application is made, request the applicant to give the ACMA, within the period specified in the request, further information about the application.

(4)

The ACMA may refuse to consider the application until the applicant gives the ACMA the information.

Definition

(5)

In this section:

(1)

If a body or association makes an application under subsection 136A(1) for a declaration in relation to a code, the ACMA must make the declaration if it is satisfied that:

(a) the body or association represents the section of the telecommunications industry referred to in paragraph 136A(1)(a); and
(b) the code will deal wholly or mainly with one or more matters relating to the relationship between carriage service providers and their retail customers; and
(c) the process for developing the code, as outlined in the application, is likely to ensure that the interests of those retail customers are adequately represented in relation to the development of the code; and
(d) the total of the refundable costs likely to be incurred by the body or association in developing the code, as set out in the estimate that accompanied the application, is reasonable.

(2)

If the ACMA is not satisfied as to the matters set out in subsection (1), the ACMA must, by written notice given to the applicant, refuse to make the declaration.

(3)

A declaration under this section is irrevocable, and remains in force for 2 years.

(4)

A declaration under this section is not a legislative instrument for the purposes of the Legislative Instruments Act 2003 .

Reimbursement of costs

(1)

If:

(a) a section 136B declaration was made in relation to the development of an industry code by a body or association; and
(b) when the section 136B declaration was in force, the body or association gave a copy of the code to the ACMA under section 117; and
(c) the ACMA is satisfied that the code deals wholly or mainly with one or more matters relating to the relationship between carriage service providers and their retail customers; and
(d) the ACMA is satisfied that the process for the development of the code ensured that the interests of those retail customers were adequately represented in relation to the development of the code; and
(e) the copy of the code was accompanied by:
(i) a written statement itemising one or more costs incurred by the body or association in developing the code; and
(ii) a written claim for reimbursement of those costs; and
(iii) a written declaration by an approved auditor that he or she is of the opinion that the subparagraph (i) statement complies with the approved auditing requirements; and
(iv) a written statement describing the process for the development of the code; and
(f) the ACMA is satisfied that each of the costs itemised in the subparagraph (e)(i) statement:
(i) is a refundable cost incurred by the body or association in developing the code; and
(ii) was incurred when the section 136B declaration was in force;

the ACMA must, by written notice given to the body or association, determine that the body or association is entitled to be paid a specified amount.

Note: For refundable cost , see section 136E.

(2)

The specified amount must be equal to whichever is the lesser of the following:

(a) the total of the costs itemised in the subparagraph (1)(e)(i) statement;
(b) the estimate that accompanied the application for the section 136B declaration.

(3)

The ACMA, on behalf of the Commonwealth, must pay the specified amount to the body or association within 30 days after the day on which the body or association was notified under subsection (1) of its entitlement to be paid that amount.

(4)

The Consolidated Revenue Fund is appropriated for payments under this section.

Approved auditors and approved auditing requirements

(5)

The ACMA may make a written determination specifying:

(a) the persons who are to be approved auditors for the purposes of this section; and
(b) the requirements that are to be approved auditing requirements for the purposes of this section.

Note: For specification by class, see subsection 13(3) of the Legislative Instruments Act 2003 .

(6)

A determination under subsection (5) has effect accordingly.

(7)

A determination under subsection (5) is a legislative instrument for the purposes of the Legislative Instruments Act 2003 .

If:

(a) a body or association has incurred a cost in connection with a transaction where the parties to the transaction are not dealing with each other at arm's length in relation to the transaction; and
(b) apart from this section, the cost is counted for the purposes of the application of this Division to the body or association; and
(c) the amount of the cost is greater than is reasonable;

the amount of the cost is taken, for the purposes of the application of this Division in relation to the body or association, to be the amount that would have been reasonable if the parties were dealing with each other at arm's length.

(1)

For the purposes of this Division, a refundable cost incurred by a body or association in developing a code is a cost incurred by the body or association in developing the code other than a cost specified in a written determination made by the ACMA under this subsection.

Note: For specification by class, see subsection 13(3) of the Legislative Instruments Act 2003 .

(2)

A determination under subsection (1) is a legislative instrument for the purposes of the Legislative Instruments Act 2003 .