Commonwealth Numbered Acts

TELECOMMUNICATIONS (CONSUMER PROTECTION AND SERVICE STANDARDS) ACT 1999 - SECT 61A

(a) if:

(i) the person is a digital data service provider in relation to that financial year because of the operation of a selection system determined under section 26C or 26D; and

(ii) the person has elected that a specified amount will be the person's digital data cost for the financial year;

the person's digital data cost for the financial year is equal to that amount;

(b) if:

(i) the person is a digital data service provider in relation to that financial year because of the operation of a selection system determined under section 26C or 26D; and

(ii) the person has elected that a specified method of ascertaining an amount will apply for the purposes of determining the person's digital data cost for the financial year;

the person's digital data cost for the financial year is worked out using that method;

(c) if:

(i) the person is a digital data service provider in relation to that financial year; and

(ii) the person is not a digital data service provider in relation to that financial year because of the operation of a selection system determined under section 26C or 26D; and

(iii) a determination is in force under subsection (4) in relation to that financial year;

the person's digital data cost for the financial year is worked out in accordance with the determination;

(d) if:

(i) the person is a digital data service provider in relation to that financial year; and

(ii) the person is not a digital data service provider in relation to that financial year because of the operation of a selection system determined under section 26C or 26D; and

(iii) no determination is in force under subsection (4) in relation to that financial year;

then:

(iv) if the amount worked out using the formula in subsection (3) is greater than zero dollars--the person's digital data cost for the financial year is equal to that amount; or

(v) if the amount worked out using the formula in subsection (3) is not greater than zero dollars--the person's digital data cost for the financial year is zero dollars.

(a) the total costs incurred by the person in acquiring customer equipment that:

(i) is covered by a declaration that was in force under section 46B during the financial year in relation to charges imposed, or proposed to be imposed, by the person for the supply of customer equipment of a kind specified in regulations made for the purposes of paragraph 14A(1)(a) or (5)(a); and

(ii) was supplied by the person during the financial year to persons in the area; and

(b) the total rebates that became payable during the financial year by the person, in accordance with regulations made for the purposes of subsection 19A(8), in respect of customer equipment acquired or hired by persons in the area.

where:

customer charges means the total amount payable by persons in the area referred to in subsection (2) by way of charges for the supply by the person during the financial year of customer equipment covered by paragraph (2)(a).

customer equipment costs means the person's customer equipment costs for the financial year.

supplementary amount means the amount (if any) specified in, or ascertained in accordance with, regulations made for the purposes of this definition.

(4) The Minister may make a written determination specifying a method of ascertaining an amount for the purposes of paragraph (1)(c). The determination has no effect unless each person who was a participating carrier immediately before the determination was made gave a written consent to the making of the determination.

(5) The amount worked out under a determination under subsection (4) may be zero dollars.

(6) A copy of a determination under subsection (4) must be published in the Gazette .