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This is a Bill, not an Act. For current law, see the Acts databases.
2016-2017
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Telecommunications (Regional
Broadband Scheme) Charge Bill 2017
No. , 2017
(Communications and the Arts)
A Bill for an Act to impose a charge to support the
funding of fixed wireless broadband and satellite
broadband, and for related purposes
No. , 2017
Telecommunications (Regional Broadband Scheme) Charge Bill 2017
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Definitions ......................................................................................... 2
4
Extension to external Territories ....................................................... 4
5
Act to bind Crown ............................................................................. 5
6
Imposition of charge .......................................................................... 5
7
Amount of charge .............................................................................. 5
8
Person liable to pay charge ................................................................ 5
9
Annual chargeable premises amount ................................................. 5
10
Annual base amount .......................................................................... 6
11
Monthly base amount ........................................................................ 6
12
Base component ................................................................................ 6
13
Advice by the ACCC about base component..................................... 8
14
Annual administrative cost amount ................................................... 9
15
Monthly administrative cost amount ............................................... 10
16
Administrative cost component ....................................................... 10
17
Advice by the ACCC about administrative cost component ............ 12
17A
Combined component cap ............................................................... 13
18
Indexation factor .............................................................................. 13
19
Disallowance of determinations ...................................................... 14
20
Transitional--reduction in total number of chargeable
premises ........................................................................................... 15
No. , 2017
Telecommunications (Regional Broadband Scheme) Charge Bill 2017
1
A Bill for an Act to impose a charge to support the
1
funding of fixed wireless broadband and satellite
2
broadband, and for related purposes
3
The Parliament of Australia enacts:
4
1 Short title
5
This Act is the Telecommunications (Regional Broadband Scheme)
6
Charge Act 2017.
7
2 Commencement
8
(1) Each provision of this Act specified in column 1 of the table
9
commences, or is taken to have commenced, in accordance with
10
Section 3
2
Telecommunications (Regional Broadband Scheme) Charge Bill 2017
No. , 2017
column 2 of the table. Any other statement in column 2 has effect
1
according to its terms.
2
3
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. Sections 1 and
2 and anything in
this Act not
elsewhere covered
by this table
The day this Act receives the Royal Assent.
2. Sections 3 to
20
At the same time as Schedule 4 to the
Telecommunications Legislation Amendment
(Competition and Consumer) Act 2017
commences.
Note:
This table relates only to the provisions of this Act as originally
4
enacted. It will not be amended to deal with any later amendments of
5
this Act.
6
(2) Any information in column 3 of the table is not part of this Act.
7
Information may be inserted in this column, or information in it
8
may be edited, in any published version of this Act.
9
3 Definitions
10
In this Act:
11
ACCC means the Australian Competition and Consumer
12
Commission.
13
administrative cost component, for a month, has the meaning
14
given by section 16.
15
amount includes a nil amount.
16
annual administrative cost amount, for an eligible financial year,
17
has the meaning given by section 14.
18
annual base amount, for an eligible financial year, has the
19
meaning given by section 10.
20
Section 3
No. , 2017
Telecommunications (Regional Broadband Scheme) Charge Bill 2017
3
annual chargeable premises amount, for an eligible financial
1
year, has the meaning given by section 9.
2
base component, for a month, has the meaning given by
3
section 12.
4
carriage service provider has the same meaning as in the
5
Telecommunications Act 1997.
6
chargeable premises associated with a local access line of a
7
person for a month has the same meaning as in Part 3 of the
8
Telecommunications (Consumer Protection and Service Standards)
9
Act 1999.
10
combined component cap, for a month, has the meaning given by
11
section 17A.
12
connection, in relation to a telecommunications network, has the
13
same meaning as in the Telecommunications Act 1997.
14
Note:
See the definition of connected in section 7 of the
15
Telecommunications Act 1997, and section 18A of the Acts
16
Interpretation Act 1901.
17
designated administrative costs has the same meaning as in Part 3
18
of the Telecommunications (Consumer Protection and Service
19
Standards) Act 1999.
20
eligible financial year has the same meaning as in Part 3 of the
21
Telecommunications (Consumer Protection and Service Standards)
22
Act 1999.
23
eligible funding recipient has the same meaning as in Part 3 of the
24
Telecommunications (Consumer Protection and Service Standards)
25
Act 1999.
26
eligible service has the same meaning as in section 152AL of the
27
Competition and Consumer Act 2010.
28
facilities has the same meaning as in the Telecommunications Act
29
1997.
30
Note:
See the definition of facility in section 7 of the Telecommunications
31
Act 1997 (when read together with section 18A of the Acts
32
Interpretation Act 1901).
33
Section 4
4
Telecommunications (Regional Broadband Scheme) Charge Bill 2017
No. , 2017
fixed wireless broadband service has the same meaning as in the
1
Telecommunications Act 1997.
2
indexation factor, for a financial year, has the meaning given by
3
section 18.
4
index number, in relation to a quarter, means the All Groups
5
Consumer Price Index number, being the weighted average of the 8
6
capital cities, published by the Australian Statistician in respect of
7
that quarter.
8
month means calendar month.
9
monthly administrative cost amount, for a month, has the meaning
10
given by section 15.
11
monthly base amount, for a month, has the meaning given by
12
section 11.
13
person has the same meaning as in the Telecommunications Act
14
1997.
15
potentially concessional premises has the same meaning as in
16
Part 3 of the Telecommunications (Consumer Protection and
17
Service Standards) Act 1999.
18
satellite broadband service has the same meaning as in Part 3 of
19
the Telecommunications (Consumer Protection and Service
20
Standards) Act 1999.
21
telecommunications network has the same meaning as in the
22
Telecommunications Act 1997.
23
4 Extension to external Territories
24
This Act extends to each external Territory referred to in section 10
25
of the Telecommunications Act 1997.
26
Note:
See also section 7 of the Telecommunications (Consumer Protection
27
and Service Standards) Act 1999.
28
Section 5
No. , 2017
Telecommunications (Regional Broadband Scheme) Charge Bill 2017
5
5 Act to bind Crown
1
This Act binds the Crown in right of each of the States, of the
2
Australian Capital Territory and of the Northern Territory.
3
However, it does not bind the Crown in right of the
4
Commonwealth.
5
6 Imposition of charge
6
If a person has an annual chargeable premises amount for an
7
eligible financial year, charge is imposed on that amount.
8
7 Amount of charge
9
The amount of a charge that this Act imposes on an annual
10
chargeable premises amount for an eligible financial year is equal
11
to that annual chargeable premises amount.
12
8 Person liable to pay charge
13
Charge imposed by this Act on a person's annual chargeable
14
premises amount for an eligible financial year is payable by the
15
person.
16
9 Annual chargeable premises amount
17
(1) For the purposes of this Act, a person's annual chargeable
18
premises amount for an eligible financial year is the sum of:
19
(a) the person's annual base amount for the eligible financial
20
year; and
21
(b) the person's annual administrative cost amount for the
22
eligible financial year.
23
(2) If a person's annual chargeable premises amount for an eligible
24
financial year:
25
(a) is not an amount of whole dollars; and
26
(b) is above zero;
27
the amount is to be rounded to the nearest dollar (rounding 50 cents
28
upwards).
29
Section 10
6
Telecommunications (Regional Broadband Scheme) Charge Bill 2017
No. , 2017
(3) For the purposes of subsection (2), dollar includes $0.
1
10 Annual base amount
2
(1) For the purposes of this Act, a person's annual base amount for an
3
eligible financial year is the sum of the person's monthly base
4
amounts for each of the months in the eligible financial year.
5
(2) If there are no chargeable premises associated with a local access
6
line of the person for a particular month, disregard that month for
7
the purposes of subsection (1).
8
11 Monthly base amount
9
For the purposes of this Act, a person's monthly base amount for a
10
month is the amount calculated using the formula:
11
Number of chargeable premises
Base component
associated with a local access line
12
where:
13
base component means the base component for that month.
14
number of chargeable premises associated with a local access
15
line means the total number of chargeable premises associated with
16
a local access line of the person for that month.
17
Note:
If that month is in the first, second, third, fourth or fifth eligible
18
financial year, the total number may be reduced under section 20.
19
12 Base component
20
First eligible financial year
21
(1) For the purposes of this Act, the base component for a month in
22
the first eligible financial year is:
23
(a) $7.09; or
24
(b) if another amount is determined under subsection (4) in
25
relation to that month--that other amount.
26
Section 12
No. , 2017
Telecommunications (Regional Broadband Scheme) Charge Bill 2017
7
Second and subsequent eligible financial years
1
(2) For the purposes of this Act, the base component for a month in:
2
(a) the second eligible financial year; or
3
(b) a later financial year;
4
is:
5
(c) the amount calculated using the formula in subsection (3); or
6
(d) if another amount is determined under subsection (4) in
7
relation to that month--that other amount.
8
(3) The formula mentioned in paragraph (2)(c) is:
9
Previous base component
Indexation factor
10
where:
11
indexation factor means the indexation factor for the financial
12
year.
13
previous base component means the base component for a month
14
in the previous financial year.
15
Determinations
16
(4) The Minister may, by legislative instrument:
17
(a) for the purposes of paragraph (1)(b), determine a single
18
specified amount in relation to each of the months in the first
19
eligible financial year; or
20
(b) for the purposes of paragraph (2)(d), determine a single
21
specified amount in relation to each of the months in a
22
specified financial year.
23
Note:
See also section 19.
24
(5) In deciding whether to make a determination under subsection (4),
25
the Minister must have regard to the following:
26
(a) the most recent advice that the ACCC has given to the
27
Minister under section 13;
28
(b) such other matters (if any) as the Minister considers relevant.
29
Section 13
8
Telecommunications (Regional Broadband Scheme) Charge Bill 2017
No. , 2017
(6) The Minister must not make a determination under subsection (4)
1
unless the ACCC has given advice to the Minister under
2
section 13.
3
(7) A determination under subsection (4) must not be inconsistent with
4
section 17A (which deals with the combined component cap).
5
13 Advice by the ACCC about base component
6
(1) The ACCC:
7
(a) may give advice to the Minister in relation to the exercise of
8
the Minister's power under subsection 12(4); and
9
(b) must do so:
10
(i) at least once during the 5-year period beginning at the
11
commencement of this section; and
12
(ii) at least once during each subsequent 5-year period.
13
(2) In giving advice under subsection (1), the ACCC:
14
(a) must have regard to the principle set out in subsection (3);
15
and
16
(b) may have regard to such other matters (if any) as the ACCC
17
considers relevant.
18
(3) The principle mentioned in paragraph (2)(a) is that amounts
19
received by the Commonwealth by way of so much of charge
20
imposed under this Act as is attributable to the annual base amount
21
should be sufficient, over time, to offset reasonable losses incurred
22
by eligible funding recipients in relation to:
23
(a) the connection of premises to a telecommunications network
24
in order that a carriage service provider can provide:
25
(i) fixed wireless broadband services to an end-user at the
26
premises; or
27
(ii) satellite broadband services to an end-user at the
28
premises; or
29
(b) the supply of eligible services to a carriage service provider
30
in order that the carriage service provider can provide:
31
(i) fixed wireless broadband services to an end-user at
32
premises; or
33
Section 14
No. , 2017
Telecommunications (Regional Broadband Scheme) Charge Bill 2017
9
(ii) satellite broadband services to an end-user at premises;
1
or
2
(c) facilities that are used, or proposed to be used, to supply:
3
(i) fixed wireless broadband services; or
4
(ii) satellite broadband services; or
5
(d) a matter that is incidental or ancillary to a matter mentioned
6
in paragraph (a), (b) or (c).
7
(4) For the purposes of subsection (3), it is immaterial whether losses
8
were incurred before or after the commencement of this section.
9
(5) In giving advice under subsection (1), the ACCC must assume that
10
Division 6 of Part 3 of the Telecommunications (Consumer
11
Protection and Service Standards) Act 1999 had not been enacted.
12
Note:
That Division deals with charge offset certificates.
13
(6) To avoid doubt, the use of the word "Regional" in:
14
(a) the short title of this Act; or
15
(b) the name of the Regional Broadband Scheme Special
16
Account; or
17
(c) section 92A of the Telecommunications (Consumer
18
Protection and Service Standards) Act 1999;
19
does not limit subsection (3) of this section.
20
14 Annual administrative cost amount
21
(1) For the purposes of this Act, a person's annual administrative cost
22
amount for an eligible financial year is the sum of the person's
23
monthly administrative cost amounts for each of the months in the
24
eligible financial year.
25
(2) If there are no chargeable premises associated with a local access
26
line of the person for a particular month, disregard that month for
27
the purposes of subsection (1).
28
Section 15
10
Telecommunications (Regional Broadband Scheme) Charge Bill 2017
No. , 2017
15 Monthly administrative cost amount
1
For the purposes of this Act, a person's monthly administrative
2
cost amount for a month is the amount calculated using the
3
formula:
4
Number of chargeable premises
Administrative cost component
associated with a local access line
5
where:
6
administrative cost component means the administrative cost
7
component for that month.
8
number of chargeable premises associated with a local access
9
line means the total number of chargeable premises associated with
10
a local access line of the person for that month.
11
Note:
If that month is in the first, second, third, fourth or fifth eligible
12
financial year, the total number may be reduced under section 20.
13
16 Administrative cost component
14
(1) For the purposes of this Act, the administrative cost component
15
for a month in the first eligible financial year is:
16
(a) $0.01266; or
17
(b) if another amount is determined under subsection (8) in
18
relation to that month--that other amount.
19
(2) For the purposes of this Act, the administrative cost component
20
for a month in the second eligible financial year is:
21
(a) $0.00172; or
22
(b) if another amount is determined under subsection (8) in
23
relation to that month--that other amount.
24
(3) For the purposes of this Act, the administrative cost component
25
for a month in the third eligible financial year is:
26
(a) $0.00; or
27
(b) if another amount is determined under subsection (8) in
28
relation to that month--that other amount.
29
Section 16
No. , 2017
Telecommunications (Regional Broadband Scheme) Charge Bill 2017
11
(4) For the purposes of this Act, the administrative cost component
1
for a month in the fourth eligible financial year is:
2
(a) $0.0027; or
3
(b) if another amount is determined under subsection (8) in
4
relation to that month--that other amount.
5
(5) For the purposes of this Act, the administrative cost component
6
for a month in the fifth eligible financial year is:
7
(a) $0.00; or
8
(b) if another amount is determined under subsection (8) in
9
relation to that month--that other amount.
10
(6) For the purposes of this Act, the administrative cost component
11
for a month in:
12
(a) the sixth eligible financial year; or
13
(b) a later financial year;
14
is:
15
(c) the amount calculated, to 5 decimal places (rounding up if the
16
sixth decimal place is 5 or more), using the formula in
17
subsection (7); or
18
(d) if another amount is determined under subsection (8) in
19
relation to that month--that other amount.
20
(7) The formula mentioned in paragraph (6)(c) is:
21
Previous administrative cost component
Indexation factor
22
where:
23
indexation factor means the indexation factor for the financial
24
year.
25
previous administrative cost component means the administrative
26
cost component for a month in the previous financial year.
27
Determinations
28
(8) The Minister may, by legislative instrument:
29
(a) for the purposes of paragraph (1)(b), determine a single
30
specified amount in relation to each of the months in the first
31
eligible financial year; or
32
Section 17
12
Telecommunications (Regional Broadband Scheme) Charge Bill 2017
No. , 2017
(b) for the purposes of paragraph (2)(b), determine a single
1
specified amount in relation to each of the months in the
2
second eligible financial year; or
3
(c) for the purposes of paragraph (3)(b), determine a single
4
specified amount in relation to each of the months in the third
5
eligible financial year; or
6
(d) for the purposes of paragraph (4)(b), determine a single
7
specified amount in relation to each of the months in the
8
fourth eligible financial year; or
9
(e) for the purposes of paragraph (5)(b), determine a single
10
specified amount in relation to each of the months in the fifth
11
eligible financial year; or
12
(f) for the purposes of paragraph (6)(d), determine a single
13
specified amount in relation to each of the months in a
14
specified financial year.
15
Note:
See also section 19.
16
(9) In deciding whether to make a determination under subsection (8),
17
the Minister must have regard to the following:
18
(a) the most recent advice that the ACCC has given to the
19
Minister under section 17;
20
(b) such other matters (if any) as the Minister considers relevant.
21
(10) The Minister must not make a determination under subsection (8)
22
unless the ACCC has given advice to the Minister under
23
section 17.
24
(11) A determination under subsection (8) must not be inconsistent with
25
section 17A (which deals with the combined component cap)
26
17 Advice by the ACCC about administrative cost component
27
(1) The ACCC:
28
(a) may give advice to the Minister in relation to the exercise of
29
the Minister's power under subsection 16(8); and
30
(b) must do so:
31
(i) at least once during the 5-year period beginning at the
32
commencement of this section; and
33
(ii) at least once during each subsequent 5-year period.
34
Section 17A
No. , 2017
Telecommunications (Regional Broadband Scheme) Charge Bill 2017
13
(2) In giving advice under subsection (1), the ACCC:
1
(a) must have regard to the principle that amounts received by
2
the Commonwealth by way of so much of charge imposed
3
under this Act as is attributable to the annual administrative
4
cost amount should be sufficient, over time, to offset
5
designated administrative costs incurred after the start of the
6
first eligible financial year; and
7
(b) may have regard to such other matters (if any) as the ACCC
8
considers relevant.
9
17A Combined component cap
10
(1) The sum of:
11
(a) the base component for a month; and
12
(b) the administrative cost component for that month;
13
must not exceed the combined component cap for that month.
14
(2) For the purposes of this Act, the combined component cap for a
15
month in the first eligible financial year is $10.
16
(3) For the purposes of this Act, the combined component cap for a
17
month in:
18
(a) the second eligible financial year; or
19
(b) a later eligible financial year;
20
is the amount calculated using the following formula:
21
Previous combined component cap
Indexation factor
22
where:
23
indexation factor means the indexation factor for the financial
24
year.
25
previous combined component cap means the combined
26
component cap for a month in the previous financial year.
27
18 Indexation factor
28
(1) For the purposes of this Act, the indexation factor for a financial
29
year is the number calculated, to 3 decimal places (rounding up if
30
the fourth decimal place is 5 or more), using the formula:
31
Section 19
14
Telecommunications (Regional Broadband Scheme) Charge Bill 2017
No. , 2017
Index number for the reference March quarter
Index number for the base March quarter
1
where:
2
base March quarter means the last March quarter before the
3
reference March quarter.
4
reference March quarter means the last March quarter before the
5
financial year.
6
(2) Subject to subsection (3), if (whether before or after the
7
commencement of this section) the Australian Statistician has
8
published or publishes an index number in respect of a quarter in
9
substitution for an index number previously published in respect of
10
that quarter, the publication of the later index number must be
11
disregarded for the purposes of this section.
12
(3) If (whether before or after the commencement of this section) the
13
Australian Statistician has changed or changes the index reference
14
period for the Consumer Price Index, then, for the purposes of the
15
application of this section after the change took place or takes
16
place, regard must only be had to the index number published in
17
terms of the new index reference period.
18
19 Disallowance of determinations
19
Scope
20
(1) This section applies to a determination made under
21
subsection 12(4) or 16(8).
22
Disallowance
23
(2) Either House of the Parliament may, following a motion upon
24
notice, pass a resolution disallowing the determination. For the
25
resolution to be effective:
26
(a) the notice must be given in that House within 15 sitting days
27
of that House after the copy of the determination was tabled
28
in the House under section 38 of the Legislation Act 2003;
29
and
30
Section 20
No. , 2017
Telecommunications (Regional Broadband Scheme) Charge Bill 2017
15
(b) the resolution must be passed, in pursuance of the motion,
1
within 15 sitting days of that House after the giving of that
2
notice.
3
(3) If neither House passes such a resolution, the determination takes
4
effect on the day immediately after the last day upon which such a
5
resolution could have been passed if it were assumed that notice of
6
a motion to disallow the determination was given in each House on
7
the last day of the 15 sitting day period of that House mentioned in
8
paragraph (2)(a).
9
(4) Section 42 (disallowance) of the Legislation Act 2003 does not
10
apply to the determination.
11
Note 1:
The 15 sitting day notice period mentioned in paragraph (2)(a) of this
12
section is the same as the 15 sitting day notice period mentioned in
13
paragraph 42(1)(a) of the Legislation Act 2003.
14
Note 2:
The 15 sitting day disallowance period mentioned in paragraph (2)(b)
15
of this section is the same as the 15 sitting day disallowance period
16
mentioned in paragraph 42(1)(b) of the Legislation Act 2003.
17
20 Transitional--reduction in total number of chargeable premises
18
25,000 or more potentially concessional premises
19
(1) For the purposes of this Act, if the total number of potentially
20
concessional premises in relation to a person for a month in:
21
(a) the first eligible financial year; or
22
(b) the second eligible financial year; or
23
(c) the third eligible financial year; or
24
(d) the fourth eligible financial year; or
25
(e) the fifth eligible financial year;
26
is 25,000 or more, the total number of chargeable premises
27
associated with a local access line of the person for that month is to
28
be reduced by 25,000.
29
Less than 25,000 potentially concessional premises
30
(2) For the purposes of this Act, if the total number of potentially
31
concessional premises in relation to a person for a month in:
32
(a) the first eligible financial year; or
33
Section 20
16
Telecommunications (Regional Broadband Scheme) Charge Bill 2017
No. , 2017
(b) the second eligible financial year; or
1
(c) the third eligible financial year; or
2
(d) the fourth eligible financial year; or
3
(e) the fifth eligible financial year;
4
is less than 25,000, the total number of chargeable premises
5
associated with a local access line of the person for that month is to
6
be reduced by that total number of potentially concessional
7
premises.
8
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