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This is a Bill, not an Act. For current law, see the Acts databases.
TELECOMMUNICATIONS UNIVERSAL SERVICE MANAGEMENT AGENCY BILL 2011
2010-2011
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Telecommunications Universal Service
Management Agency Bill 2011
No. , 2011
(Broadband, Communications and the Digital Economy)
A Bill for an Act to establish the
Telecommunications Universal Service
Management Agency, and for other purposes
i Telecommunications Universal Service Management Agency Bill 2011 No. , 2011
Contents
Part 1--Preliminary
1
1 Short
title
...........................................................................................
1
2 Commencement
.................................................................................
2
3 Simplified
outline
..............................................................................
4
4 Definitions
.........................................................................................
5
5
Vacancy in the office of a TUSMA member ..................................... 9
6 Standard
telephone service ................................................................ 9
7
Supply of standard telephone services ............................................... 9
8
Crown to be bound ........................................................................... 10
9
Extension to external Territories ...................................................... 10
10
Continuity of partnerships ............................................................... 11
Part 2--Public interest telecommunications services
12
Division 1--Policy objectives
12
11 Policy
objectives
..............................................................................
12
12
Achievement of policy objectives .................................................... 13
Division 2--Contracts and grants
14
Subdivision A--General
14
13
Contracts and grants......................................................................... 14
14 Terms
and
conditions of grants ........................................................ 14
15
Condition about compliance with Ministerial determination ........... 15
16
Exemption of designated transitional contracts from
Ministerial determination ................................................................. 17
17
TUSMA has powers etc. of the Commonwealth ............................. 17
18
Conferral of powers on TUSMA ..................................................... 17
19
TUSMA to notify the Minister about entering into contracts
or making grants .............................................................................. 18
20
TUSMA to notify Minister about variations of contracts ................ 18
21
TUSMA to notify Minister about variations of grants ..................... 19
Subdivision B--Transitional
20
22 Transitional--standard
telephone services ...................................... 20
23 Transitional--payphones ................................................................. 20
24 Transitional--emergency call service .............................................. 21
25 Transitional--National Relay Service ............................................. 21
26
Transitional--continuity of supply of carriage services
during the transition to the national broadband network .................. 22
Division 3--Registers
23
27
Register of Public Interest Telecommunications Contracts ............. 23
Telecommunications Universal Service Management Agency Bill 2011 No. , 2011 ii
28
Register of Public Interest Telecommunications Grants .................. 23
Division 4--Monitoring of performance
25
29 Monitoring
of
performance .............................................................. 25
Division 5--Miscellaneous
26
30
Executive power of the Commonwealth .......................................... 26
Part 3--Telecommunications Universal Service Management
Agency
27
Division 1--TUSMA's establishment, functions, powers and
liabilities
27
31
Establishment of the Telecommunications Universal Service
Management Agency ....................................................................... 27
32
Functions of TUSMA ...................................................................... 27
33 Powers
of
TUSMA
..........................................................................
27
34
TUSMA's liabilities are Commonwealth liabilities ......................... 28
35
TUSMA has privileges and immunities of the Crown ..................... 28
Division 2--Constitution and membership of TUSMA etc.
29
Subdivision A--Constitution of TUSMA
29
36 Constitution
of TUSMA .................................................................. 29
Subdivision B--TUSMA members
29
37 Membership
of TUSMA .................................................................. 29
38 Appointment
of
TUSMA members ................................................. 29
39 Period
of
appointment for TUSMA members .................................. 30
40 Acting
TUSMA
members ................................................................ 30
Division 3--Terms and conditions for TUSMA members
32
41 Remuneration
...................................................................................
32
42
Disclosure of interests to the Minister ............................................. 32
43
Disclosure of interests to TUSMA ................................................... 32
44 Outside
employment
........................................................................
33
45
Leave of absence .............................................................................. 33
46 Resignation
......................................................................................
33
47 Termination
of
appointment ............................................................ 33
48 Other
terms
and
conditions .............................................................. 34
Division 4--Decision-making by TUSMA
35
49 Holding
of
meetings......................................................................... 35
50
Presiding at meetings ....................................................................... 35
51 Quorum
............................................................................................
35
52 Voting
at
meetings etc. .................................................................... 35
53
Conduct of meetings ........................................................................ 35
iii Telecommunications Universal Service Management Agency Bill 2011 No. , 2011
54 Minutes
............................................................................................
36
Division 5--Delegation
37
55 Delegation
by
TUSMA
....................................................................
37
Division 6--Committees
38
56 Committees
......................................................................................
38
57 TUSMA
may
assist committees ....................................................... 38
Division 7--Chief Executive Officer of TUSMA
39
58
Chief Executive Officer of TUSMA ................................................ 39
59 Role
..................................................................................................
39
60 Appointment
of the CEO ................................................................. 39
61 Period
of
appointment of the CEO ................................................... 39
62 Acting
CEO
.....................................................................................
39
63 Remuneration
...................................................................................
40
64
Disclosure of interests to TUSMA ................................................... 40
65 Outside
employment
........................................................................
40
66
Leave of absence .............................................................................. 41
67 Resignation
......................................................................................
41
68 Termination
of
appointment ............................................................ 41
69 Other
terms
and
conditions .............................................................. 42
70
CEO not subject to direction by TUSMA on certain matters .......... 42
Division 8--Staff of TUSMA etc.
43
71 Staff
of
TUSMA
..............................................................................
43
72 Consultants
......................................................................................
43
73 Persons
assisting TUSMA ............................................................... 43
Division 9--Planning and reporting obligations of TUSMA
44
74 Corporate
plan
.................................................................................
44
75 Annual
report
...................................................................................
44
76
Minister may require TUSMA to prepare reports or give
information ...................................................................................... 45
Division 10--Ministerial directions
46
77
Minister may give directions to TUSMA ........................................ 46
Part 4--Access to information or documents held by an NBN
corporation
47
78
Access to information or documents held by an NBN
corporation ....................................................................................... 47
79 Copying
documents--compensation ............................................... 48
80 Copies
of
documents ........................................................................ 48
81 TUSMA
may
retain documents ....................................................... 48
Telecommunications Universal Service Management Agency Bill 2011 No. , 2011 iv
82
Law relating to legal professional privilege not affected ................. 49
83 Severability
......................................................................................
49
Part 5--Telecommunications Universal Service Special
Account
50
84 Telecommunications
Universal Service Special Account ............... 50
85
Credits to the Account ..................................................................... 50
86
Purposes of the Account .................................................................. 50
87
Distribution of remaining balance of the Account ........................... 51
Part 6--Assessment, collection and recovery of levy
52
Division 1--Overall levy target amount
52
88
Overall levy target amount .............................................................. 52
89
Statement of estimate of overall levy target amount ........................ 52
90
Statement of overall levy target amount .......................................... 53
Division 2--Eligible revenue of participating persons
55
91
Participating person must lodge return of eligible revenue .............. 55
92 Participating
person
.........................................................................
55
93 Eligible
revenue
...............................................................................
56
94
Audit report to accompany eligible revenue return .......................... 57
95
ACMA may inquire into correctness of return ................................ 58
96
ACMA to assess eligible revenue .................................................... 58
97
Assessment based on estimate of eligible revenue .......................... 58
98
Levy contribution factor .................................................................. 59
Division 3--Levy amount
60
99
Levy amount of a participating person ............................................ 60
100
ACMA to make written assessment ................................................. 61
101 Publication
of
assessment
................................................................
62
Division 4--Assessments
63
102
Variation of assessments .................................................................. 63
103
ACMA may accept statements ......................................................... 63
104
Multiple assessments in the same document .................................... 63
Division 5--Collection and recovery of levy
64
105
When levy payable .......................................................................... 64
106
Recovery of levy .............................................................................. 64
107
Validity of assessment ..................................................................... 64
108
Evidence of assessment ................................................................... 64
109
Onus of establishing incorrectness of assessment ............................ 65
110 Set-off
..............................................................................................
65
111 Refund
of
overpayment of levy ....................................................... 65
v Telecommunications Universal Service Management Agency Bill 2011 No. , 2011
112
Cancellation of certain exemptions from levy ................................. 66
113
Commonwealth not liable to levy .................................................... 66
114 Performance
bonds
and guarantees .................................................. 66
Division 6--Disclosure of information
67
115 Public
may
request information ....................................................... 67
116
Request for information that is unavailable under section 115 ........ 67
117
How the ACMA is to comply with a request ................................... 69
118 Minister's
information-gathering powers ........................................ 69
Division 7--Other matters
71
119
Delegation by the Minister .............................................................. 71
120
Offence of failing to lodge eligible revenue return .......................... 71
121 Late
payment
penalty
.......................................................................
71
Part 7--Miscellaneous
73
122
Disclosure of information to the ACMA and the ACCC ................. 73
123
Review of the operation of this Act ................................................. 73
124
Compensation for acquisition of property ....................................... 74
125 Regulations
......................................................................................
75
Telecommunications Universal Service Management Agency Bill 2011 No. , 2011 1
A Bill for an Act to establish the
1
Telecommunications Universal Service
2
Management Agency, and for other purposes
3
The Parliament of Australia enacts:
4
Part 1--Preliminary
5
6
1 Short title
7
This Act may be cited as the Telecommunications Universal
8
Service Management Agency Act 2011.
9
Part 1 Preliminary
Section 2
2 Telecommunications Universal Service Management Agency Bill 2011 No. , 2011
2 Commencement
1
(1) Each provision of this Act specified in column 1 of the table
2
commences, or is taken to have commenced, in accordance with
3
column 2 of the table. Any other statement in column 2 has effect
4
according to its terms.
5
6
Commencement information
Column 1
Column 2
Column 3
Provision(s)
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
125
A single day to be fixed by Proclamation.
A Proclamation must not specify a day that
occurs before the latest of:
(a) the time when an undertaking given by
Telstra under section 577A of the
Telecommunications Act 1997 comes
into force; and
(b) if an undertaking given by Telstra is in
force under section 577A of the
Telecommunications Act 1997 and the
undertaking requires Telstra to give the
ACCC a draft migration plan and, in
accordance with the undertaking, Telstra
has given the ACCC a draft migration
plan--the time when the ACCC
approves the draft migration plan under
section 577BD, 577BDA, 577BDB or
577BDC of that Act; and
(c) if, under section 577GA of the
Telecommunications Act 1997, the
excluded spectrum regime applies to
Telstra, and no declaration is in force
under subsection 577J(3) of that Act--
the time when an undertaking given by
Telstra under section 577C of that Act
Preliminary Part 1
Section 2
Telecommunications Universal Service Management Agency Bill 2011 No. , 2011 3
Commencement information
Column 1
Column 2
Column 3
Provision(s)
Commencement
Date/Details
comes into force; and
(d) if, under section 577GA of the
Telecommunications Act 1997, the
excluded spectrum regime applies to
Telstra, and no declaration is in force
under subsection 577J(5) of that Act--
the time when an undertaking given by
Telstra under section 577E of that Act
comes into force.
However, if the provision(s) do not
commence within the period of 6 months
beginning on the latest of:
(a) the time when an undertaking given by
Telstra under section 577A of the
Telecommunications Act 1997 comes
into force; and
(b) if an undertaking given by Telstra is in
force under section 577A of the
Telecommunications Act 1997 and the
undertaking requires Telstra to give the
ACCC a draft migration plan and, in
accordance with the undertaking, Telstra
has given the ACCC a draft migration
plan--the time when the ACCC
approves the draft migration plan under
section 577BD, 577BDA, 577BDB or
577BDC of that Act; and
(c) if, under section 577GA of the
Telecommunications Act 1997, the
excluded spectrum regime applies to
Telstra, and no declaration is in force
under subsection 577J(3) of that Act--
the time when an undertaking given by
Telstra under section 577C of that Act
comes into force; and
(d) if, under section 577GA of the
Telecommunications Act 1997, the
excluded spectrum regime applies to
Part 1 Preliminary
Section 3
4 Telecommunications Universal Service Management Agency Bill 2011 No. , 2011
Commencement information
Column 1
Column 2
Column 3
Provision(s)
Commencement
Date/Details
Telstra, and no declaration is in force
under subsection 577J(5) of that Act--
the time when an undertaking given by
Telstra under section 577E of that Act
comes into force;
they commence on the day after the end of
that period.
An expression used in this table item that is
also used in the Telecommunications Act
1997 has the same meaning in this table item
as it has in that Act.
Subsections 577BD(5), 577BDA(4) and (6),
577BDB(5) and 577BDC(4) of the
Telecommunications Act 1997 apply to this
table item in the same way as they apply to
the Telecommunications Act 1997.
Note:
This table relates only to the provisions of this Act as originally
1
enacted. It will not be amended to deal with any later amendments of
2
this Act.
3
(2) Any information in column 3 of the table is not part of this Act.
4
Information may be inserted in this column, or information in it
5
may be edited, in any published version of this Act.
6
3 Simplified outline
7
The following is a simplified outline of this Act:
8
·
This Act sets up the Telecommunications Universal Service
9
Management Agency (TUSMA).
10
·
TUSMA is responsible for entering into contracts, and making
11
grants, to support the provision of public interest
12
telecommunications services.
13
·
Public interest telecommunication services include:
14
Preliminary Part 1
Section 4
Telecommunications Universal Service Management Agency Bill 2011 No. , 2011 5
(a)
standard telephone services; and
1
(b)
payphones;
and
2
(c)
emergency call services; and
3
(d)
the National Relay Service.
4
·
TUSMA will monitor the performance of contractors and
5
grant recipients.
6
·
TUSMA will maintain:
7
(a)
a Register of Public Interest Telecommunications
8
Contracts; and
9
(b)
a Register of Public Interest Telecommunications
10
Grants.
11
·
The Australian Communications and Media Authority will
12
assess and collect the levy imposed on carriers by the
13
Telecommunications (Industry Levy) Act 2011.
14
·
The proceeds of the levy will be used to:
15
(a)
pay contractors and grant recipients; and
16
(b)
pay TUSMA's administrative costs.
17
4 Definitions
18
In this Act:
19
access, in relation to an emergency call service, has the same
20
meaning as in the Telecommunications Act 1997.
21
ACMA means the Australian Communications and Media
22
Authority.
23
administrative costs of TUSMA means:
24
Part 1 Preliminary
Section 4
6 Telecommunications Universal Service Management Agency Bill 2011 No. , 2011
(a) remuneration and allowances of TUSMA members; or
1
(b) remuneration and allowances of the CEO; or
2
(c) remuneration, and other employment-related costs and
3
expenses, in respect of members of the staff of TUSMA; or
4
(d) any other costs, expenses and other obligations incurred by
5
TUSMA in connection with the performance of TUSMA's
6
functions or the exercise of TUSMA's powers;
7
but does not include:
8
(e) amounts incurred under contracts made under section 13; and
9
(f) amounts incurred by way of grants made under section 13.
10
Appropriation Act means an Act appropriating money for
11
expenditure out of the Consolidated Revenue Fund in relation to a
12
particular financial year.
13
Australia, when used in a geographical sense, has the same
14
meaning as in the Telecommunications Act 1997.
15
carriage service has the same meaning as in the
16
Telecommunications Act 1997.
17
carriage service provider has the same meaning as in the
18
Telecommunications Act 1997.
19
carrier has the same meaning as in the Telecommunications Act
20
1997.
21
CEO means the Chief Executive Officer of TUSMA.
22
Chair means the Chair of TUSMA.
23
constitutional corporation means a corporation to which
24
paragraph 51(xx) of the Constitution applies.
25
contractor has the meaning given by section 13.
26
customer cabling has the same meaning as in the
27
Telecommunications Act 1997.
28
customer equipment has the same meaning as in the
29
Telecommunications Act 1997.
30
Preliminary Part 1
Section 4
Telecommunications Universal Service Management Agency Bill 2011 No. , 2011 7
designated transitional contract has the meaning given by
1
section 24, 25 or 26.
2
disability has the same meaning as in the Disability Discrimination
3
Act 1992.
4
eligible levy period means:
5
(a) the 2012-13 financial year; or
6
(b) a later financial year.
7
eligible revenue for an eligible levy period has the meaning given
8
by section 93.
9
eligible revenue period means:
10
(a) the 2011-12 financial year; or
11
(b) a later financial year.
12
eligible revenue return means a return under section 91.
13
emergency call service has the same meaning as in the
14
Telecommunications Act 1997.
15
engage in conduct means:
16
(a) do an act; or
17
(b) omit to perform an act.
18
facility, when used in Part 2, has the same meaning as in the
19
Telecommunications Act 1997.
20
grant recipient has the meaning given by section 13.
21
levy means levy imposed by the Telecommunications (Industry
22
Levy) Act 2011.
23
levy amount has the meaning given by section 99.
24
levy contribution factor has the meaning given by section 98.
25
national broadband network has the same meaning as in the
26
National Broadband Network Companies Act 2011.
27
National Relay Service means a service that provides persons who:
28
(a) are deaf; or
29
Part 1 Preliminary
Section 4
8 Telecommunications Universal Service Management Agency Bill 2011 No. , 2011
(b) have a hearing and/or speech impairment;
1
with access to a standard telephone service on terms, and in
2
circumstances, that are comparable to those on which other
3
Australians have access to a standard telephone service.
4
NBN corporation has the same meaning as in the National
5
Broadband Network Companies Act 2011.
6
overall levy target amount has the meaning given by section 88.
7
participating person for an eligible revenue period has the
8
meaning given by section 92.
9
payphone has the same meaning as in Part 2 of the
10
Telecommunications (Consumer Protection and Service Standards)
11
Act 1999.
12
person has the same meaning as in the Telecommunications Act
13
1997.
14
standard telephone service has the same meaning as in the
15
Telecommunications (Consumer Protection and Service Standards)
16
Act 1999.
17
Note:
See also section 6.
18
supply of a standard telephone service has a meaning affected by
19
section 7.
20
telecommunications industry has the same meaning as in the
21
Telecommunications Act 1997.
22
Telecommunications Universal Service Special Account means
23
the Telecommunications Universal Service Special Account
24
established by section 84.
25
Telstra has the same meaning as in the Telecommunications Act
26
1997.
27
TUSMA means the Telecommunications Universal Service
28
Management Agency.
29
TUSMA member means a member of TUSMA, and includes the
30
Chair.
31
Preliminary Part 1
Section 5
Telecommunications Universal Service Management Agency Bill 2011 No. , 2011 9
vacancy, in relation to the office of a member of TUSMA, has a
1
meaning affected by section 5.
2
5 Vacancy in the office of a TUSMA member
3
For the purposes of a reference in:
4
(a) this Act to a vacancy in the office of a member of TUSMA;
5
or
6
(b)
the
Acts Interpretation Act 1901 to a vacancy in the
7
membership of a body;
8
there are taken to be 4 offices of members of TUSMA in addition
9
to the Chair.
10
6 Standard telephone service
11
(1) A reference in this Act to a standard telephone service is a
12
reference to a standard telephone service (within the meaning of
13
section 6 of the Telecommunications (Consumer Protection and
14
Service Standards) Act 1999) that has the characteristics (if any)
15
specified in a determination under subsection (2) of this section.
16
(2) The Minister may, by legislative instrument, determine specified
17
characteristics for the purposes of subsection (1).
18
7 Supply of standard telephone services
19
(1) A reference in this Act to the supply of a standard telephone
20
service includes a reference to the supply of:
21
(a) if the regulations prescribe customer equipment for the
22
purposes of this paragraph--whichever of the following is
23
applicable:
24
(i) that customer equipment;
25
(ii) if other customer equipment is supplied, instead of the
26
first-mentioned customer equipment, in order to comply
27
with the Disability Discrimination Act 1992--that other
28
customer equipment; and
29
(b) if paragraph (a) does not apply--whichever of the following
30
is applicable:
31
Part 1 Preliminary
Section 8
10 Telecommunications Universal Service Management Agency Bill 2011 No. ,
2011
(i) a telephone handset that does not have switching
1
functions;
2
(ii) if other customer equipment is supplied, instead of such
3
a handset, in order to comply with the Disability
4
Discrimination Act 1992--that other customer
5
equipment; and
6
(c) other goods of a kind specified in the regulations; and
7
(d) services of a kind specified in the regulations;
8
where the equipment, goods or services, as the case may be, are for
9
use in connection with the standard telephone service.
10
(2) A reference in this Act to the supply of a standard telephone
11
service includes a reference to the supply, to a person with a
12
disability, of:
13
(a) customer equipment of a kind specified in the regulations;
14
and
15
(b) other goods of a kind specified in the regulations; and
16
(c) services of a kind specified in the regulations;
17
where the equipment, goods or services, as the case may be, are for
18
use in connection with the standard telephone service.
19
(3) For the purposes of this section, supply, in relation to customer
20
equipment or other goods, includes supply by way of hire.
21
8 Crown to be bound
22
(1) This Act binds the Crown in each of its capacities.
23
(2) This Act does not make the Crown liable to a pecuniary penalty or
24
to be prosecuted for an offence.
25
(3) The protection in subsection (2) does not apply to an authority of
26
the Crown.
27
9 Extension to external Territories
28
This Act extends to:
29
(a) the Territory of Christmas Island; and
30
(b) the Territory of Cocos (Keeling) Islands; and
31
Preliminary Part 1
Section 10
Telecommunications Universal Service Management Agency Bill 2011 No. , 2011
11
(c) such other external Territories (if any) as are prescribed by
1
regulations made for the purposes of paragraph 10(c) of the
2
Telecommunications Act 1997.
3
10 Continuity of partnerships
4
For the purposes of this Act, a change in the composition of a
5
partnership does not affect the continuity of the partnership.
6
7
Part 2 Public interest telecommunications services
Division 1 Policy objectives
Section 11
12 Telecommunications Universal Service Management Agency Bill 2011 No. ,
2011
Part 2--Public interest telecommunications services
1
Division 1--Policy objectives
2
11 Policy objectives
3
The policy objectives of this Part are:
4
(a) that standard telephone services are to:
5
(i) be reasonably accessible to all people in Australia on an
6
equitable basis, wherever they reside or carry on
7
business; and
8
(ii) be supplied to people in Australia on request; and
9
(b) that payphones are to:
10
(i) be reasonably accessible to all people in Australia on an
11
equitable basis, wherever they reside or carry on
12
business; and
13
(ii) be supplied, installed and maintained in Australia; and
14
(c) that end-users of standard telephone services in Australia are
15
to have access, free of charge, to an emergency call service;
16
and
17
(d) that the National Relay Service is to be reasonably accessible
18
to all persons in Australia who:
19
(i) are deaf; or
20
(ii) have a hearing and/or speech impairment;
21
wherever they reside or carry on business; and
22
(e) that there are to be such:
23
(i) customer information programs; and
24
(ii) customer cabling installation programs; and
25
(iii) carriage service development programs; and
26
(iv) other measures (if any) as are specified in the
27
regulations;
28
as are necessary to support the continuity of supply of
29
carriage services during the transition to the national
30
broadband network;
31
(f) the objectives (if any) specified in the regulations, where
32
those objectives relate to the supply of carriage services.
33
Public interest telecommunications services Part 2
Policy objectives Division 1
Section 12
Telecommunications Universal Service Management Agency Bill 2011 No. , 2011
13
12 Achievement of policy objectives
1
TUSMA must, in performing the functions, and exercising the
2
powers, conferred by this Part, take all reasonable steps to ensure
3
that the policy objectives of this Part are achieved.
4
5
Part 2 Public interest telecommunications services
Division 2 Contracts and grants
Section 13
14 Telecommunications Universal Service Management Agency Bill 2011 No. ,
2011
Division 2--Contracts and grants
1
Subdivision A--General
2
13 Contracts and grants
3
(1) TUSMA may, on behalf of the Commonwealth:
4
(a) enter into a contract; or
5
(b) make a grant of financial assistance;
6
for a purpose relating to the achievement of any or all of the policy
7
objectives of this Part.
8
Note 1:
For the policy objectives, see section 11.
9
Note 2:
For transitional provisions, see sections 22 to 26.
10
(2) For the purposes of this Act, if TUSMA enters into a contract with
11
a person under subsection (1), the person is a contractor.
12
(3) For the purposes of this Act, if TUSMA makes a grant of financial
13
assistance to a person under subsection (1), the person is a grant
14
recipient.
15
14 Terms and conditions of grants
16
Scope
17
(1) This section applies to a grant of financial assistance made under
18
section 13.
19
Terms and conditions
20
(2) The terms and conditions on which that financial assistance is
21
granted are to be set out in a written agreement between the
22
Commonwealth and the grant recipient.
23
(3) An agreement under subsection (2) is to be entered into by
24
TUSMA on behalf of the Commonwealth.
25
(4) Subsection (2) does not apply to a condition under section 15.
26
Public interest telecommunications services Part 2
Contracts and grants Division 2
Section 15
Telecommunications Universal Service Management Agency Bill 2011 No. , 2011
15
15 Condition about compliance with Ministerial determination
1
Condition
2
(1) It is a condition of:
3
(a) a contract entered into under section 13; or
4
(b) a grant made under section 13;
5
that the contractor or grant recipient, as the case may be, must
6
comply with a determination under subsection (2) in so far as the
7
determination applies to the contract or grant, as the case may be.
8
Determination
9
(2) The Minister may, by legislative instrument, make a determination
10
that sets out either or both of the following:
11
(a) standards or rules that must be complied with by contractors
12
or grant recipients, as the case may be, in relation to contracts
13
entered into, or grants made, under section 13;
14
(b) minimum benchmarks that must be met or exceeded by
15
contractors or grant recipients, as the case may be, in relation
16
to contracts entered into, or grants made, under section 13.
17
Note:
See also section 16 (designated transitional contracts).
18
Application of determinations
19
(3) A determination under subsection (2) may be of general
20
application or may be limited as provided in the determination.
21
(4) Subsection (3) does not, by implication, limit subsection 33(3A) of
22
the Acts Interpretation Act 1901.
23
Other terms and conditions
24
(5) This section does not, by implication, limit:
25
(a) the terms and conditions that may be included in a contract
26
entered into under section 13; or
27
(b) the terms and conditions that may be included in an
28
agreement under section 14.
29
Part 2 Public interest telecommunications services
Division 2 Contracts and grants
Section 15
16 Telecommunications Universal Service Management Agency Bill 2011 No. ,
2011
Determination prevails over inconsistent contract or agreement
1
(6) A term or condition:
2
(a) of a contract entered into under section 13; or
3
(b) set out in an agreement under section 14;
4
has no effect to the extent to which it is inconsistent with a
5
determination under subsection (2) that applies to the contract or to
6
the grant to which the agreement relates, as the case may be.
7
(7) Despite subsection (6), a determination under subsection (2) has no
8
effect to the extent to which it overrides a term or condition:
9
(a) of a contract entered into under section 13; and
10
(b) that gives the contractor a right to adjustment of payment for
11
a change in the services, facilities or customer equipment to
12
be supplied by the contractor in accordance with the contract.
13
(8) Despite subsection (6), a determination under subsection (2) has no
14
effect to the extent to which it specifies the price, or a method of
15
ascertaining the price, for any of the services, facilities or customer
16
equipment to be supplied by a contractor in accordance with a
17
section 13 contract.
18
(9) Despite subsection (6), a determination under subsection (2) has no
19
effect to the extent to which it overrides a term or condition:
20
(a) set out in an agreement under section 14; and
21
(b) that gives the grant recipient a right to adjustment of payment
22
for a change in the services, facilities or customer equipment
23
to be supplied by the grant recipient in accordance with the
24
terms and conditions of the grant.
25
(10) Despite subsection (6), a determination under subsection (2) has no
26
effect to the extent to which it specifies the price, or a method of
27
ascertaining the price, for any of the services, facilities or customer
28
equipment to be supplied by the grant recipient of a section 13
29
grant in accordance with the terms and conditions of the grant.
30
Additional function of TUSMA
31
(11) The functions of TUSMA include the function of taking all
32
reasonable steps to ensure that a contractor or grant recipient, as
33
Public interest telecommunications services Part 2
Contracts and grants Division 2
Section 16
Telecommunications Universal Service Management Agency Bill 2011 No. , 2011
17
the case may be, complies with a determination under
1
subsection (2) in so far as the determination applies to the contract
2
or grant, as the case may be.
3
16 Exemption of designated transitional contracts from Ministerial
4
determination
5
A designated transitional contract is exempt from a determination
6
under subsection 15(2).
7
17 TUSMA has powers etc. of the Commonwealth
8
(1) TUSMA, on behalf of the Commonwealth, has all the rights,
9
responsibilities, duties and powers of the Commonwealth in
10
relation to the Commonwealth's capacity as:
11
(a) a party to a contract entered into under section 13; or
12
(b) the grantor of a grant made under section 13.
13
(2) Without limiting subsection (1):
14
(a) an amount payable by the Commonwealth under a section 13
15
contract is to be paid by TUSMA on behalf of the
16
Commonwealth; and
17
(b) an amount payable to the Commonwealth under a section 13
18
contract is to be paid to TUSMA on behalf of the
19
Commonwealth; and
20
(c) a section 13 grant is to be paid by TUSMA on behalf of the
21
Commonwealth; and
22
(d) an amount payable to the Commonwealth by way of the
23
repayment of the whole or a part of a section 13 grant is to be
24
paid to TUSMA on behalf of the Commonwealth; and
25
(e) TUSMA may institute an action or proceeding on behalf of
26
the Commonwealth in relation to a matter that concerns:
27
(i) a section 13 contract; or
28
(ii) a section 13 grant.
29
18 Conferral of powers on TUSMA
30
TUSMA may exercise a power conferred on TUSMA by:
31
Part 2 Public interest telecommunications services
Division 2 Contracts and grants
Section 19
18 Telecommunications Universal Service Management Agency Bill 2011 No. ,
2011
(a) a contract entered into under section 13; or
1
(b) an agreement under section 14.
2
19 TUSMA to notify the Minister about entering into contracts or
3
making grants
4
If:
5
(a) TUSMA, on behalf of the Commonwealth, proposes to:
6
(i) enter into a contract under section 13; or
7
(ii) make a grant under section 13; and
8
(b) the entering into of the contract, or the making of the grant,
9
as the case may be, is likely to increase the amounts that may
10
be debited from the Telecommunications Universal Service
11
Special Account;
12
TUSMA must, before informing:
13
(c) the public; or
14
(d) the prospective contractor or prospective grant recipient, as
15
the case may be;
16
about the proposal, give the Minister a written statement that sets
17
out:
18
(e) the details of the proposal; and
19
(f) whether the proposal is consistent with TUSMA's corporate
20
plan; and
21
(g) the likely impact of the proposal on:
22
(i) the financial position of TUSMA; and
23
(ii) the total amount of levy payable by participating
24
persons in relation to a particular eligible levy period.
25
20 TUSMA to notify Minister about variations of contracts
26
If:
27
(a) a section 13 contract is in force; and
28
(b) TUSMA, on behalf of the Commonwealth, proposes to enter
29
into an agreement (the variation agreement) with the
30
contractor to vary the contract; and
31
(c) the proposed variation is likely to:
32
Public interest telecommunications services Part 2
Contracts and grants Division 2
Section 21
Telecommunications Universal Service Management Agency Bill 2011 No. , 2011
19
(i) result in a material change in the services, facilities or
1
customer equipment to be supplied by the contractor in
2
accordance with the contract; or
3
(ii) increase the amounts that may be debited from the
4
Telecommunications Universal Service Special
5
Account;
6
TUSMA must, before deciding to enter into the variation
7
agreement, give the Minister a written statement that sets out:
8
(d) the details of the proposal; and
9
(e) whether the proposal is consistent with TUSMA's corporate
10
plan; and
11
(f) the likely impact of the proposal on:
12
(i) the financial position of TUSMA; and
13
(ii) the total amount of levy payable by participating
14
persons in relation to a particular eligible levy period.
15
21 TUSMA to notify Minister about variations of grants
16
If:
17
(a) a grant is made under section 13; and
18
(b) TUSMA, on behalf of the Commonwealth, proposes to enter
19
into an agreement (the variation agreement) with the grant
20
recipient to vary the terms and conditions of the grant; and
21
(c) the proposed variation is likely to:
22
(i) result in a material change in the services, facilities or
23
customer equipment to be supplied by the grant
24
recipient, in accordance with the terms and conditions
25
of the grant; or
26
(ii) increase the amounts that may be debited from the
27
Telecommunications Universal Service Special
28
Account;
29
TUSMA must, before deciding to enter into the variation
30
agreement, give the Minister a written statement that sets out:
31
(d) the details of the proposal; and
32
(e) whether the proposal is consistent with TUSMA's corporate
33
plan; and
34
(f) the likely impact of the proposal on:
35
Part 2 Public interest telecommunications services
Division 2 Contracts and grants
Section 22
20 Telecommunications Universal Service Management Agency Bill 2011 No. ,
2011
(i) the financial position of TUSMA; and
1
(ii) the total amount of levy payable by participating
2
persons in relation to a particular eligible levy period.
3
Subdivision B--Transitional
4
22 Transitional--standard telephone services
5
If:
6
(a) before the commencement of this section, the
7
Commonwealth entered into a contract with Telstra wholly or
8
partly for a purpose relating to the achievement of the policy
9
objective that standard telephone services are to:
10
(i) be reasonably accessible to all people in Australia on an
11
equitable basis, wherever they reside or carry on
12
business; and
13
(ii) be supplied to people in Australia on request; and
14
(b) as at the commencement of this section, the contract is in
15
force;
16
this Act, and any other law of the Commonwealth, has effect as if
17
the contract had been entered into by TUSMA under section 13 for
18
a purpose relating to the achievement of that policy objective.
19
23 Transitional--payphones
20
If:
21
(a) before the commencement of this section, the
22
Commonwealth entered into a contract with Telstra wholly or
23
partly for a purpose relating to the achievement of the policy
24
objective that that payphones are to:
25
(i) be reasonably accessible to all people in Australia on an
26
equitable basis, wherever they reside or carry on
27
business; and
28
(ii) be supplied, installed and maintained in Australia; and
29
(b) as at the commencement of this section, the contract is in
30
force;
31
Public interest telecommunications services Part 2
Contracts and grants Division 2
Section 24
Telecommunications Universal Service Management Agency Bill 2011 No. , 2011
21
this Act, and any other law of the Commonwealth, has effect as if
1
the contract had been entered into by TUSMA under section 13 for
2
a purpose relating to the achievement of that policy objective.
3
24 Transitional--emergency call service
4
If:
5
(a) before the commencement of this section, the
6
Commonwealth entered into a contract with Telstra wholly or
7
partly for a purpose relating to the achievement of the policy
8
objective that end-users of standard telephone services in
9
Australia are to have access, free of charge, to an emergency
10
call service; and
11
(b) as at the commencement of this section, the contract is in
12
force;
13
then:
14
(c) this Act, and any other law of the Commonwealth, has effect
15
as if the contract had been entered into by TUSMA under
16
section 13 for a purpose relating to the achievement of that
17
policy objective; and
18
(d) for the purposes of this Act, the contract is a designated
19
transitional contract so far as the contract relates to the
20
purpose referred to in paragraph (a).
21
25 Transitional--National Relay Service
22
If:
23
(a) before the commencement of subsection 95(1A) of the
24
Telecommunications (Consumer Protection and Service
25
Standards) Act 1999, the Commonwealth entered into a
26
contract with a company as mentioned in section 95 of that
27
Act; and
28
(b) as at the commencement of that subsection, the contract is in
29
force;
30
then:
31
(c) this Act, and any other law of the Commonwealth, has effect,
32
after the commencement of that subsection, as if the contract
33
had been entered into by TUSMA under section 13 of this
34
Part 2 Public interest telecommunications services
Division 2 Contracts and grants
Section 26
22 Telecommunications Universal Service Management Agency Bill 2011 No. ,
2011
Act for a purpose relating to the achievement of the policy
1
objective set out in paragraph 11(d) of this Act; and
2
(d) the contract is a designated transitional contract for the
3
purposes of this Act.
4
26 Transitional--continuity of supply of carriage services during the
5
transition to the national broadband network
6
If:
7
(a) before the commencement of this section, the
8
Commonwealth entered into a contract with a person wholly
9
or partly for a purpose relating to the achievement of the
10
policy objective that that there are to be such:
11
(i) customer information programs; and
12
(ii) customer cabling installation programs; and
13
(iii) carriage service development programs;
14
as are necessary to support the continuity of supply of
15
carriage services during the transition to the national
16
broadband network; and
17
(b) as at the commencement of this section, the contract is in
18
force;
19
then:
20
(c) this Act, and any other law of the Commonwealth, has effect
21
as if the contract had been entered into by TUSMA under
22
section 13 for a purpose relating to the achievement of that
23
policy objective; and
24
(d) for the purposes of this Act, the contract is a designated
25
transitional contract so far as the contract relates to the
26
purpose referred to in paragraph (a).
27
28
Public interest telecommunications services Part 2
Registers Division 3
Section 27
Telecommunications Universal Service Management Agency Bill 2011 No. , 2011
23
Division 3--Registers
1
27 Register of Public Interest Telecommunications Contracts
2
(1) TUSMA is to maintain a register, to be known as the Register of
3
Public Interest Telecommunications Contracts, in which TUSMA
4
includes the following for each section 13 contract that is in force:
5
(a) the name of the contractor;
6
(b) the duration of the contract;
7
(c) a summary of the actions to be undertaken by the contractor
8
under the contract;
9
(d) a description of the services, facilities or customer equipment
10
to be supplied by the contractor in accordance with the
11
contract;
12
(e) one of the following:
13
(i) the total amount paid or to be paid by the
14
Commonwealth under the contract;
15
(ii) an estimate of the total amount paid or to be paid by the
16
Commonwealth under the contract;
17
(iii) the method of working out the total amount paid or to
18
be paid by the Commonwealth under the contract.
19
(2) The Register of Public Interest Telecommunications Contracts is to
20
be maintained by electronic means.
21
(3) The Register of Public Interest Telecommunications Contracts is to
22
be made available for inspection on TUSMA's website.
23
(4) The Register of Public Interest Telecommunications Contracts is
24
not a legislative instrument.
25
28 Register of Public Interest Telecommunications Grants
26
(1) TUSMA is to maintain a register, to be known as the Register of
27
Public Interest Telecommunications Grants, in which TUSMA
28
includes the following for each section 13 grant that has been
29
made:
30
(a) the name of the grant recipient;
31
Part 2 Public interest telecommunications services
Division 3 Registers
Section 28
24 Telecommunications Universal Service Management Agency Bill 2011 No. ,
2011
(b) a summary of the terms and conditions of the grant that
1
require action to be undertaken by the grant recipient;
2
(c) a description of the services, facilities or customer equipment
3
to be supplied by the grant recipient in accordance with the
4
terms and conditions of the grant;
5
(d)
either:
6
(i) the amount of the grant; or
7
(ii) the method for working out the amount of the grant.
8
(2) The Register of Public Interest Telecommunications Grants is to be
9
maintained by electronic means.
10
(3) The Register of Public Interest Telecommunications Grants is to be
11
made available for inspection on TUSMA's website.
12
(4) The Register of Public Interest Telecommunications Grants is not a
13
legislative instrument.
14
15
Public interest telecommunications services Part 2
Monitoring of performance Division 4
Section 29
Telecommunications Universal Service Management Agency Bill 2011 No. , 2011
25
Division 4--Monitoring of performance
1
29 Monitoring of performance
2
(1) TUSMA must monitor, and report each financial year to the
3
Minister on, all significant matters relating to:
4
(a) the performance of contractors; and
5
(b) the performance of grant recipients.
6
(2) A report under subsection (1) for a financial year must set out
7
details of the following matters:
8
(a) the adequacy of each contractor's compliance, during that
9
year, with the terms and conditions of a section 13 contract;
10
(b) the adequacy of each grant recipient's compliance, during
11
that year, with the terms and conditions of a section 13 grant;
12
(c) any notice of breach by a contractor of a section 13 contract,
13
where the notice was given during that year;
14
(d) any notice of breach by a grant recipient of a term or
15
condition of a section 13 grant, where the notice was given
16
during that year;
17
(e) any remedial action taken by TUSMA during that year in
18
response to a breach of a section 13 contract;
19
(f) any remedial action taken by TUSMA during that year in
20
response to a breach of the terms or conditions of a
21
section 13 grant;
22
(g) the result of any such remedial action.
23
(3) Subsection (2) does not limit subsection (1).
24
(4) A report under subsection (1) for a financial year must be included
25
in TUSMA's annual report prepared under section 75 for that year.
26
27
Part 2 Public interest telecommunications services
Division 5 Miscellaneous
Section 30
26 Telecommunications Universal Service Management Agency Bill 2011 No. ,
2011
Division 5--Miscellaneous
1
30 Executive power of the Commonwealth
2
This Part does not, by implication, limit the executive power of the
3
Commonwealth.
4
5
Telecommunications Universal Service Management Agency Part 3
TUSMA's establishment, functions, powers and liabilities Division 1
Section 31
Telecommunications Universal Service Management Agency Bill 2011 No. , 2011
27
Part 3--Telecommunications Universal Service
1
Management Agency
2
Division 1--TUSMA's establishment, functions, powers
3
and liabilities
4
31 Establishment of the Telecommunications Universal Service
5
Management Agency
6
The Telecommunications Universal Service Management Agency
7
is established by this section.
8
Note: In
this
Act,
TUSMA means the Telecommunications Universal
9
Service Management Agency--see section 4.
10
32 Functions of TUSMA
11
TUSMA has the following functions:
12
(a) such functions as are conferred on TUSMA by this Act;
13
(b) such functions as are conferred on TUSMA by the
14
regulations;
15
(c) such functions as are conferred on TUSMA by any other law
16
of the Commonwealth;
17
(d) to do anything incidental to or conducive to the performance
18
of any of the above functions.
19
33 Powers of TUSMA
20
(1) TUSMA has power to do all things necessary or convenient to be
21
done for or in connection with the performance of its functions.
22
(2) The powers of TUSMA include, but are not limited to, the power
23
to enter into contracts.
24
Note:
The CEO may also enter into contracts on behalf of the
25
Commonwealth. See section 44 of the Financial Management and
26
Accountability Act 1997.
27
(3) Any contract entered into by TUSMA is to be entered into on
28
behalf of the Commonwealth.
29
Part 3 Telecommunications Universal Service Management Agency
Division 1 TUSMA's establishment, functions, powers and liabilities
Section 34
28 Telecommunications Universal Service Management Agency Bill 2011 No. ,
2011
(4) Any real or personal property held by TUSMA is held for and on
1
behalf of the Commonwealth.
2
(5) Any money received by TUSMA is received for and on behalf of
3
the Commonwealth.
4
(6) TUSMA cannot hold real or personal property, or money, on trust
5
for a person other than the Commonwealth.
6
Note:
The Commonwealth may hold real or personal property or money on
7
trust.
8
(7) To avoid doubt, a right to sue is taken not to be personal property
9
for the purposes of subsection (4).
10
34 TUSMA's liabilities are Commonwealth liabilities
11
(1) Any financial liabilities of TUSMA are taken to be liabilities of the
12
Commonwealth.
13
(2) In this section:
14
financial liability means a liability to pay a person an amount,
15
where the amount, or the method for working out the amount, has
16
been determined.
17
35 TUSMA has privileges and immunities of the Crown
18
TUSMA has the privileges and immunities of the Crown in right of
19
the Commonwealth.
20
21
Telecommunications Universal Service Management Agency Part 3
Constitution and membership of TUSMA etc. Division 2
Section 36
Telecommunications Universal Service Management Agency Bill 2011 No. , 2011
29
Division 2--Constitution and membership of TUSMA etc.
1
Subdivision A--Constitution of TUSMA
2
36 Constitution of TUSMA
3
(1)
TUSMA:
4
(a) is a body corporate with perpetual succession; and
5
(b) must have a seal; and
6
(c) may acquire, hold and dispose of real and personal property;
7
and
8
(d) may sue and be sued in its corporate name.
9
(2) The seal of TUSMA is to be kept in such custody as TUSMA
10
directs and must not be used except as authorised by TUSMA.
11
(3) All courts, judges and persons acting judicially must:
12
(a) take judicial notice of the imprint of the seal of TUSMA
13
appearing on a document; and
14
(b) presume that the document was duly sealed.
15
Subdivision B--TUSMA members
16
37 Membership of TUSMA
17
TUSMA consists of the following members:
18
(a)
a
Chair;
19
(b) at least 4, and not more than 6, other members.
20
38 Appointment of TUSMA members
21
(1) Each TUSMA member is to be appointed by the Minister by
22
written instrument.
23
(2) A person is not eligible for appointment as a TUSMA member
24
unless the Minister is satisfied that the person has:
25
(a) substantial experience or knowledge; and
26
(b)
significant
standing;
27
in at least one of the following fields:
28
Part 3 Telecommunications Universal Service Management Agency
Division 2 Constitution and membership of TUSMA etc.
Section 39
30 Telecommunications Universal Service Management Agency Bill 2011 No. ,
2011
(c) the operation of a sector of the telecommunications industry;
1
(d)
economics;
2
(e) business or financial management;
3
(f)
law;
4
(g)
public
administration.
5
(3) The Minister must, to the extent to which it is reasonably
6
practicable to do so, ensure that the TUSMA members collectively
7
possess an appropriate balance of experience and knowledge in
8
each of the fields covered by subsection (2).
9
(4) A person is not eligible for appointment as a TUSMA member if
10
the person:
11
(a) is a director of; or
12
(b) is concerned in, or takes part in, the management of;
13
a carrier or a carriage service provider.
14
(5) A TUSMA member holds office on a part-time basis.
15
(6) A person must not hold office as a TUSMA member and as the
16
CEO.
17
39 Period of appointment for TUSMA members
18
(1) A TUSMA member holds office for the period specified in the
19
instrument of appointment. The period must not exceed 5 years.
20
(2) A person is eligible for reappointment as a TUSMA member, but
21
must not be reappointed more than once.
22
40 Acting TUSMA members
23
Acting Chair
24
(1) The Minister may appoint a person to act as the Chair:
25
(a) during a vacancy in the office of the Chair (whether or not an
26
appointment has previously been made to the office); or
27
(b) during any period, or during all periods, when the Chair:
28
(i) is absent from duty or Australia; or
29
Telecommunications Universal Service Management Agency Part 3
Constitution and membership of TUSMA etc. Division 2
Section 40
Telecommunications Universal Service Management Agency Bill 2011 No. , 2011
31
(ii) is, for any reason, unable to perform the duties of the
1
office.
2
Acting TUSMA member (other than the Chair)
3
(2) The Minister may appoint a person to act as a TUSMA member
4
(other than the Chair):
5
(a) during a vacancy in the office of a TUSMA member (other
6
than the Chair), whether or not an appointment has
7
previously been made to the office; or
8
(b) during any period, or during all periods, when a TUSMA
9
member (other than the Chair):
10
(i) is absent from duty or Australia; or
11
(ii) is, for any reason, unable to perform the duties of the
12
office.
13
Eligibility
14
(3) A person is not eligible for appointment to act as:
15
(a) the Chair; or
16
(b) a TUSMA member (other than the Chair);
17
unless the person is eligible for appointment as a TUSMA member.
18
Note: See
section
38.
19
20
Part 3 Telecommunications Universal Service Management Agency
Division 3 Terms and conditions for TUSMA members
Section 41
32 Telecommunications Universal Service Management Agency Bill 2011 No. ,
2011
Division 3--Terms and conditions for TUSMA members
1
41 Remuneration
2
(1) A TUSMA member is to be paid the remuneration that is
3
determined by the Remuneration Tribunal. If no determination of
4
that remuneration by the Tribunal is in operation, a TUSMA
5
member is to be paid the remuneration that is prescribed by the
6
regulations.
7
(2) A TUSMA member is to be paid the allowances that are prescribed
8
by the regulations.
9
(3) This section has effect subject to the Remuneration Tribunal Act
10
1973.
11
42 Disclosure of interests to the Minister
12
A TUSMA member must give written notice to the Minister of all
13
interests, pecuniary or otherwise, that the TUSMA member has or
14
acquires and that conflict or could conflict with the proper
15
performance of the TUSMA member's functions.
16
43 Disclosure of interests to TUSMA
17
(1) A TUSMA member who has an interest, pecuniary or otherwise, in
18
a matter being considered or about to be considered by TUSMA
19
must disclose the nature of the interest to a meeting of TUSMA.
20
(2) The disclosure must be made as soon as possible after the relevant
21
facts have come to the knowledge of the TUSMA member.
22
(3) The disclosure must be recorded in the minutes of the meeting of
23
TUSMA.
24
(4) Unless TUSMA otherwise determines, the TUSMA member:
25
(a) must not be present during any deliberation by TUSMA on
26
the matter; and
27
(b) must not take part in any decision of TUSMA with respect to
28
the matter.
29
Telecommunications Universal Service Management Agency Part 3
Terms and conditions for TUSMA members Division 3
Section 44
Telecommunications Universal Service Management Agency Bill 2011 No. , 2011
33
(5) For the purposes of making a determination under subsection (4),
1
the TUSMA member:
2
(a) must not be present during any deliberation of TUSMA for
3
the purpose of making the determination; and
4
(b) must not take part in making the determination.
5
(6) A determination under subsection (4) must be recorded in the
6
minutes of the meeting of TUSMA.
7
44 Outside employment
8
A TUSMA member must not engage in any paid employment that
9
conflicts or may conflict with the proper performance of his or her
10
duties.
11
45 Leave of absence
12
The Chair may grant leave of absence to a TUSMA member on the
13
terms and conditions that the Chair determines.
14
46 Resignation
15
(1) A TUSMA member may resign his or her appointment by giving
16
the Minister a written resignation.
17
(2) The resignation takes effect on the day it is received by the
18
Minister or, if a later day is specified in the resignation, on that
19
later day.
20
47 Termination of appointment
21
(1) The Minister may terminate the appointment of a TUSMA member
22
for misbehaviour or physical or mental incapacity.
23
(2) The Minister may terminate the appointment of a TUSMA member
24
if:
25
(a) the TUSMA member:
26
(i) becomes bankrupt; or
27
(ii) applies to take the benefit of any law for the relief of
28
bankrupt or insolvent debtors; or
29
Part 3 Telecommunications Universal Service Management Agency
Division 3 Terms and conditions for TUSMA members
Section 48
34 Telecommunications Universal Service Management Agency Bill 2011 No. ,
2011
(iii) compounds with his or her creditors; or
1
(iv) makes an assignment of his or her remuneration for the
2
benefit of his or her creditors; or
3
(c) the TUSMA member engages in paid employment that
4
conflicts or may conflict with the proper performance of his
5
or her duties (see section 44); or
6
(d) the TUSMA member fails, without reasonable excuse, to
7
comply with section 42 or 43; or
8
(e) the TUSMA member is absent, except on leave of absence,
9
from 3 consecutive meetings of TUSMA.
10
(3) The Minister may terminate the appointment of a TUSMA member
11
if the Minister is of the opinion that the performance of the
12
TUSMA member has been unsatisfactory.
13
48 Other terms and conditions
14
A TUSMA member holds office on the terms and conditions (if
15
any) in relation to matters not covered by this Act that are
16
determined by the Minister.
17
18
Telecommunications Universal Service Management Agency Part 3
Decision-making by TUSMA Division 4
Section 49
Telecommunications Universal Service Management Agency Bill 2011 No. , 2011
35
Division 4--Decision-making by TUSMA
1
49 Holding of meetings
2
(1) TUSMA is to hold such meetings as are necessary for the
3
performance of its functions.
4
(2) The Chair may convene a meeting at any time.
5
50 Presiding at meetings
6
(1) The Chair presides at all meetings at which he or she is present.
7
(2) If the Chair is not present at a meeting, the TUSMA members
8
present must appoint one of themselves to preside.
9
51 Quorum
10
At a meeting of TUSMA, a quorum is constituted by:
11
(a) if the total number of TUSMA members is 5--3 TUSMA
12
members; or
13
(b) if the total number of TUSMA members is 6 or 7--4
14
TUSMA members.
15
52 Voting at meetings etc.
16
(1) At a meeting of TUSMA, a question is decided by a majority of the
17
votes of TUSMA members present and voting.
18
(2) The person presiding at a meeting has a deliberative vote and, in
19
the event of an equality of votes, also has a casting vote.
20
53 Conduct of meetings
21
TUSMA may, subject to this Division, regulate proceedings at its
22
meetings as it considers appropriate.
23
Note:
Section 33B of the Acts Interpretation Act 1901 provides for
24
participation in meetings by telephone etc.
25
Part 3 Telecommunications Universal Service Management Agency
Division 4 Decision-making by TUSMA
Section 54
36 Telecommunications Universal Service Management Agency Bill 2011 No. ,
2011
54 Minutes
1
TUSMA must keep minutes of its meetings.
2
3
Telecommunications Universal Service Management Agency Part 3
Delegation Division 5
Section 55
Telecommunications Universal Service Management Agency Bill 2011 No. , 2011
37
Division 5--Delegation
1
55 Delegation by TUSMA
2
(1) TUSMA may, by writing, delegate any or all of its functions and
3
powers to:
4
(a) the CEO; or
5
(b) a TUSMA member; or
6
(c) a person who is:
7
(i) a member of the staff of TUSMA; and
8
(ii) an SES employee or acting SES employee; or
9
(d) a person who is:
10
(i) a member of the staff of TUSMA; and
11
(ii) an APS employee who holds or performs the duties of
12
an Executive Level 2 position or an equivalent position.
13
Note: The
expressions
APS employee, SES employee and acting SES
14
employee are defined in the Acts Interpretation Act 1901.
15
(2) A delegate must comply with any written directions of TUSMA.
16
17
Part 3 Telecommunications Universal Service Management Agency
Division 6 Committees
Section 56
38 Telecommunications Universal Service Management Agency Bill 2011 No. ,
2011
Division 6--Committees
1
56 Committees
2
(1) TUSMA may establish committees to advise or assist it in the
3
performance of its functions.
4
(2) A committee may be constituted:
5
(a) wholly by TUSMA members; or
6
(b) wholly by persons who are not TUSMA members; or
7
(c) partly by TUSMA members and partly by other persons.
8
(3) TUSMA may, by writing, determine, in relation to a committee
9
established under this section:
10
(a) the committee's terms of reference; and
11
(b) the terms and conditions of appointment of the members of
12
the committee; and
13
(c) the procedures to be followed by the committee.
14
(4) A determination under subsection (3) is not a legislative
15
instrument.
16
(5) An appointment to a committee established under this section is
17
not a public office within the meaning of the Remuneration
18
Tribunal Act 1973.
19
(6) TUSMA may reimburse an expense that a member of a committee
20
established under this section reasonably incurs in performing
21
duties as a member of that committee.
22
57 TUSMA may assist committees
23
(1) TUSMA may assist a committee established under section 56 in
24
the performance of its functions.
25
(2) The assistance may include the following:
26
(a) the provision of information;
27
(b) the making available of resources and facilities (including
28
secretariat services and clerical assistance).
29
Telecommunications Universal Service Management Agency Part 3
Chief Executive Officer of TUSMA Division 7
Section 58
Telecommunications Universal Service Management Agency Bill 2011 No. , 2011
39
Division 7--Chief Executive Officer of TUSMA
1
58 Chief Executive Officer of TUSMA
2
There is to be a Chief Executive Officer of TUSMA.
3
Note: In
this
Act,
CEO means the Chief Executive Officer of TUSMA--see
4
section 4.
5
59 Role
6
(1) The CEO is responsible for the day-to-day administration of
7
TUSMA.
8
(2) The CEO has power to do all things necessary or convenient to be
9
done for or in connection with the performance of his or her duties.
10
(3) The CEO is to act in accordance with the policies determined, and
11
any directions given, by TUSMA.
12
60 Appointment of the CEO
13
(1) The CEO is to be appointed by TUSMA by written instrument.
14
(2) The CEO holds office on a full-time basis.
15
(3) The CEO must not be a TUSMA member.
16
(4) Before making an appointment under subsection (1), TUSMA must
17
consult the Minister.
18
61 Period of appointment of the CEO
19
(1) The CEO holds office for the period specified in the instrument of
20
appointment. The period must not exceed 5 years.
21
(2) A person is eligible for reappointment as the CEO.
22
62 Acting CEO
23
(1) TUSMA may appoint a person to act as the CEO:
24
Part 3 Telecommunications Universal Service Management Agency
Division 7 Chief Executive Officer of TUSMA
Section 63
40 Telecommunications Universal Service Management Agency Bill 2011 No. ,
2011
(a) during a vacancy in the office of the CEO (whether or not an
1
appointment has previously been made to the office); or
2
(b) during any period, or during all periods, when the CEO:
3
(i) is absent from duty or Australia; or
4
(ii) is, for any reason, unable to perform the duties of the
5
office.
6
(2) An appointment under subsection (1) is to be made by written
7
instrument.
8
63 Remuneration
9
(1) The CEO is to be paid the remuneration that is determined by the
10
Remuneration Tribunal. If no determination of that remuneration
11
by the Tribunal is in operation, the CEO is to be paid the
12
remuneration that is prescribed by the regulations.
13
(2) The CEO is to be paid the allowances that are prescribed by the
14
regulations.
15
(3) This section has effect subject to the Remuneration Tribunal Act
16
1973.
17
64 Disclosure of interests to TUSMA
18
The CEO must give written notice to TUSMA of all interests,
19
pecuniary or otherwise, that the CEO has or acquires and that
20
conflict or could conflict with the proper performance of the
21
CEO's functions.
22
65 Outside employment
23
(1) The CEO must not engage in paid employment outside the duties
24
of his or her office without the Chair's approval.
25
(2) The Chair must notify the Minister of any approval given under
26
subsection (1).
27
Telecommunications Universal Service Management Agency Part 3
Chief Executive Officer of TUSMA Division 7
Section 66
Telecommunications Universal Service Management Agency Bill 2011 No. , 2011
41
66 Leave of absence
1
(1) The CEO has the recreation leave entitlements that are determined
2
by the Remuneration Tribunal.
3
(2) The Chair may grant the CEO leave of absence, other than
4
recreation leave, on the terms and conditions as to remuneration or
5
otherwise that the Chair determines.
6
(3) The Chair must notify the Minister if the Chair grants the CEO
7
leave of absence for a period exceeding 2 months.
8
67 Resignation
9
(1) The CEO may resign his or her appointment by giving the Chair a
10
written resignation.
11
(2) The resignation takes effect on the day it is received by the Chair
12
or, if a later day is specified in the resignation, on that later day.
13
(3) If the CEO resigns under this section, the Chair must notify the
14
Minister of the resignation.
15
68 Termination of appointment
16
(1) TUSMA may terminate the appointment of the CEO for
17
misbehaviour or physical or mental incapacity.
18
(2) TUSMA may terminate the appointment of the CEO if:
19
(a)
the
CEO:
20
(i) becomes bankrupt; or
21
(ii) applies to take the benefit of any law for the relief of
22
bankrupt or insolvent debtors; or
23
(iii) compounds with his or her creditors; or
24
(iv) makes an assignment of his or her remuneration for the
25
benefit of his or her creditors; or
26
(b) the CEO is absent, except on leave of absence, for 14
27
consecutive days or for 28 days in any 12 months; or
28
Part 3 Telecommunications Universal Service Management Agency
Division 7 Chief Executive Officer of TUSMA
Section 69
42 Telecommunications Universal Service Management Agency Bill 2011 No. ,
2011
(c) the CEO engages, except with the Chair's approval, in paid
1
employment outside the duties of his or her office (see
2
section 65); or
3
(d) the CEO fails, without reasonable excuse, to comply with
4
section 64 (which deals with disclosure of interests to
5
TUSMA).
6
(3) TUSMA may terminate the appointment of the CEO if TUSMA is
7
of the opinion that the performance of the CEO has been
8
unsatisfactory.
9
69 Other terms and conditions
10
The CEO holds office on the terms and conditions (if any) in
11
relation to matters not covered by this Act that are determined by
12
TUSMA.
13
70 CEO not subject to direction by TUSMA on certain matters
14
To avoid doubt, the CEO is not subject to direction by TUSMA in
15
relation to the CEO's performance of functions, or exercise of
16
powers, under:
17
(a)
the
Financial Management and Accountability Act 1997; or
18
(b)
the
Public Service Act 1999;
19
in relation to TUSMA.
20
21
Telecommunications Universal Service Management Agency Part 3
Staff of TUSMA etc. Division 8
Section 71
Telecommunications Universal Service Management Agency Bill 2011 No. , 2011
43
Division 8--Staff of TUSMA etc.
1
71 Staff of TUSMA
2
(1) The staff of TUSMA are persons engaged under the Public Service
3
Act 1999.
4
(2) For the purposes of the Public Service Act 1999:
5
(a) the CEO and the staff of TUSMA together constitute a
6
Statutory Agency; and
7
(b) the CEO is the Head of that Statutory Agency.
8
72 Consultants
9
(1) TUSMA may engage persons having suitable qualifications and
10
experience as consultants to TUSMA.
11
(2) The consultants are to be engaged on the terms and conditions that
12
TUSMA determines in writing.
13
73 Persons assisting TUSMA
14
TUSMA may also be assisted:
15
(a) by officers and employees of Agencies (within the meaning
16
of the Public Service Act 1999); or
17
(b) by officers and employees of authorities of the
18
Commonwealth; or
19
(c) by officers and employees of a State or Territory; or
20
(d) by officers and employees of authorities of a State or
21
Territory;
22
whose services are made available to TUSMA in connection with
23
the performance of any of its functions.
24
25
Part 3 Telecommunications Universal Service Management Agency
Division 9 Planning and reporting obligations of TUSMA
Section 74
44 Telecommunications Universal Service Management Agency Bill 2011 No. ,
2011
Division 9--Planning and reporting obligations of TUSMA
1
74 Corporate plan
2
(1) TUSMA must prepare a corporate plan for TUSMA at least once
3
each 3-year period and give it to the Minister.
4
(2) The plan must cover a 3-year period.
5
(3) The plan must include details of the following matters:
6
(a) the objectives of TUSMA;
7
(b) the strategies and policies that are to be followed by TUSMA
8
in order to achieve those objectives;
9
(c) such other matters (if any) as the Minister requires.
10
(4) The Chair must keep the Minister informed about:
11
(a) changes to the plan; and
12
(b) matters that might significantly affect the achievement of the
13
objectives set out in the plan.
14
(5) The Minister may give the Chair written guidelines that are to be
15
used by the Chair in deciding whether a matter is covered by
16
paragraph (3)(c) or (4)(b).
17
(6) A guideline given under subsection (5) is not a legislative
18
instrument.
19
(7) TUSMA must ensure that the first corporate plan is prepared
20
within 12 months after the commencement of this section.
21
75 Annual report
22
(1) TUSMA must, as soon as practicable after the end of each financial
23
year, prepare and give to the Minister, for presentation to the
24
Parliament, a report on its operations during that year.
25
Note 1:
See also section 34C of the Acts Interpretation Act 1901, which
26
contains extra rules about annual reports.
27
Note 2:
The annual report for a financial year must include TUSMA's
28
performance monitoring report for the financial year (see subsection
29
29(4)).
30
Telecommunications Universal Service Management Agency Part 3
Planning and reporting obligations of TUSMA Division 9
Section 76
Telecommunications Universal Service Management Agency Bill 2011 No. , 2011
45
(2) A report for a financial year must set out:
1
(a) each amount paid by TUSMA, on behalf of the
2
Commonwealth, under a section 13 contract during that year;
3
and
4
(b) the amount of each section 13 grant made during that year;
5
and
6
(c) details of any action taken by TUSMA in that year in
7
response to a direction given by the Minister under
8
section 77.
9
76 Minister may require TUSMA to prepare reports or give
10
information
11
Reports
12
(1) The Minister may, by written notice given to TUSMA, require
13
TUSMA:
14
(a) to prepare a report about one or more specified matters
15
relating to the performance of TUSMA's functions; and
16
(b) give a copy of the report to the Minister within the period
17
specified in the notice.
18
Information
19
(2) The Minister may, by written notice given to TUSMA, require
20
TUSMA to:
21
(a) prepare a document setting out specified information relating
22
to the performance of TUSMA's functions; and
23
(b) give a copy of the document to the Minister within the period
24
specified in the notice.
25
Compliance
26
(3) TUSMA must comply with a requirement under subsection (1) or
27
(2).
28
Part 3 Telecommunications Universal Service Management Agency
Division 10 Ministerial directions
Section 77
46 Telecommunications Universal Service Management Agency Bill 2011 No. ,
2011
Division 10--Ministerial directions
1
77 Minister may give directions to TUSMA
2
(1) The Minister may, by legislative instrument, give directions to
3
TUSMA in relation to the performance of its functions.
4
Note 1:
For variation and revocation, see subsection 33(3) of the Acts
5
Interpretation Act 1901.
6
Note 2:
Section 42 (disallowance) and Part 6 (sunsetting) of the Legislative
7
Instruments Act 2003 do not apply to the direction (see sections 44
8
and 54 of that Act).
9
(2) TUSMA must comply with a direction under subsection (1).
10
11
Access to information or documents held by an NBN corporation Part 4
Section 78
Telecommunications Universal Service Management Agency Bill 2011 No. , 2011
47
Part 4--Access to information or documents held
1
by an NBN corporation
2
3
78 Access to information or documents held by an NBN corporation
4
Scope
5
(1) This section applies to an NBN corporation if the Minister believes
6
on reasonable grounds that the NBN corporation has information
7
or a document that is relevant to:
8
(a) the performance of any of TUSMA's functions; or
9
(b) the exercise of any of TUSMA's powers.
10
Requirement
11
(2) The Minister may, by written notice given to the NBN corporation,
12
require the NBN corporation:
13
(a) to give to TUSMA, within the period and in the manner and
14
form specified in the notice, any such information; or
15
(b) to produce to TUSMA, within the period and in the manner
16
specified in the notice, any such documents; or
17
(c) to make copies of any such documents and to produce to
18
TUSMA, within the period and in the manner specified in the
19
notice, those copies.
20
(3) A period specified under subsection (2) must not be shorter than 14
21
days after the notice is given.
22
Compliance
23
(4) An NBN corporation must comply with a requirement under
24
subsection (2) to the extent that the NBN corporation is capable of
25
doing so.
26
(5) An NBN corporation commits an offence if:
27
(a) the Minister has given a notice to the NBN corporation under
28
subsection (2); and
29
(b) the NBN corporation engages in conduct; and
30
Part 4 Access to information or documents held by an NBN corporation
Section 79
48 Telecommunications Universal Service Management Agency Bill 2011 No. ,
2011
(c) the NBN corporation's conduct contravenes a requirement in
1
the notice.
2
Penalty for contravention of this subsection: 50 penalty units.
3
79 Copying documents--compensation
4
An NBN corporation is entitled to be paid by TUSMA reasonable
5
compensation for complying with a requirement covered by
6
paragraph 78(2)(c).
7
80 Copies of documents
8
(1)
TUSMA
may:
9
(a) inspect a document or copy produced under subsection 78(2);
10
and
11
(b) make and retain copies of, or take and retain extracts from,
12
such a document.
13
(2) TUSMA may retain possession of a copy of a document produced
14
in accordance with a requirement covered by paragraph 78(2)(c).
15
81 TUSMA may retain documents
16
(1) TUSMA may take, and retain for as long as is necessary,
17
possession of a document produced under subsection 78(2).
18
(2) The NBN corporation otherwise entitled to possession of the
19
document is entitled to be supplied, as soon as practicable, with a
20
copy certified by TUSMA to be a true copy.
21
(3) The certified copy must be received in all courts and tribunals as
22
evidence as if it were the original.
23
(4) Until a certified copy is supplied, TUSMA must, at such times and
24
places as TUSMA thinks appropriate, permit the NBN corporation
25
otherwise entitled to possession of the document, or a person
26
authorised by that NBN corporation, to inspect and make copies of,
27
or take extracts from, the document.
28
Access to information or documents held by an NBN corporation Part 4
Section 82
Telecommunications Universal Service Management Agency Bill 2011 No. , 2011
49
82 Law relating to legal professional privilege not affected
1
This Part does not affect the law relating to legal professional
2
privilege.
3
83 Severability
4
(1) Without limiting its effect apart from this section, this Part also has
5
effect as provided by this section.
6
Corporations power
7
(2) This Part also has the effect it would have if:
8
(a) subsection (3) had not been enacted; and
9
(b) each reference in this Part to an NBN corporation were, by
10
express provision, confined to an NBN corporation that is a
11
constitutional corporation.
12
Communications power
13
(3) This Part also has the effect it would have if:
14
(a) subsection (2) had not been enacted; and
15
(b) each reference in this Part to an NBN corporation were, by
16
express provision, confined to an NBN corporation that:
17
(i) carries on; or
18
(ii) proposes to carry on; or
19
(iii) has the object of carrying on;
20
a business that consists of or includes the supply of a carriage
21
service.
22
23
Part 5 Telecommunications Universal Service Special Account
Section 84
50 Telecommunications Universal Service Management Agency Bill 2011 No. ,
2011
Part 5--Telecommunications Universal Service
1
Special Account
2
3
84 Telecommunications Universal Service Special Account
4
(1) The Telecommunications Universal Service Special Account is
5
established by this section.
6
(2) The Account is a Special Account for the purposes of the Financial
7
Management and Accountability Act 1997.
8
(3) The Account is to be administered by TUSMA.
9
85 Credits to the Account
10
There must be credited to the Telecommunications Universal
11
Service Special Account:
12
(a) an amount equal to an amount paid to the Commonwealth by
13
way of levy; and
14
(b) an amount equal to an amount paid to the Commonwealth
15
under a section 13 contract; and
16
(c) an amount equal to an amount paid to the Commonwealth by
17
way of damages or compensation for a breach of a section 13
18
contract; and
19
(d) an amount equal to an amount paid to the Commonwealth by
20
way of the repayment of the whole or a part of a section 13
21
grant.
22
Note:
An Appropriation Act may contain a provision to the effect that, if any
23
of the purposes of a Special Account is a purpose that is covered by an
24
item in the Appropriation Act (whether or not the item expressly refers
25
to the Special Account), then amounts may be debited against the
26
appropriation for that item and credited to that Special Account.
27
86 Purposes of the Account
28
The purposes of Telecommunications Universal Service Special
29
Account are as follows:
30
(a) to pay amounts payable by the Commonwealth under a
31
contract entered into under section 13;
32
Telecommunications Universal Service Special Account Part 5
Section 87
Telecommunications Universal Service Management Agency Bill 2011 No. , 2011
51
(b) to make grants under section 13;
1
(c) to pay the administrative costs of TUSMA;
2
(d) to make distributions in accordance with section 87;
3
(e) to pay refunds under section 111.
4
Note:
See section 21 of the Financial Management and Accountability Act
5
1997 (debits from Special Accounts).
6
87 Distribution of remaining balance of the Account
7
(1) TUSMA may distribute to persons who are or were participating
8
persons any balance standing to the credit of the
9
Telecommunications Universal Service Special Account that
10
remains after all payments payable by TUSMA or the
11
Commonwealth, in respect of debits from the Account for an
12
eligible levy period, have been paid.
13
(2) The Minister may, by legislative instrument, determine rules for
14
making those distributions.
15
(3) TUSMA must comply with any rules determined under
16
subsection (2).
17
18
Part 6 Assessment, collection and recovery of levy
Division 1 Overall levy target amount
Section 88
52 Telecommunications Universal Service Management Agency Bill 2011 No. ,
2011
Part 6--Assessment, collection and recovery of levy
1
Division 1--Overall levy target amount
2
88 Overall levy target amount
3
For the purposes of this Act, the overall levy target amount for an
4
eligible levy period is the sum of:
5
(a) the total amount paid by TUSMA on behalf of the
6
Commonwealth during the period under contracts made
7
under section 13; and
8
(b) the total amount paid by TUSMA on behalf of the
9
Commonwealth during the period by way of grants made
10
under section 13; and
11
(c) the total amount of TUSMA's administrative costs incurred
12
during the period;
13
reduced by the total of the amounts appropriated by Appropriation
14
Acts for the purposes of:
15
(d) making payments under section 13 contracts during the
16
period; and
17
(e) making section 13 grants during the period; and
18
(f) the administrative costs of TUSMA in relation to the period.
19
89 Statement of estimate of overall levy target amount
20
Estimate of overall levy target amount
21
(1) Before the start of each eligible levy period, the Minister must
22
prepare a written estimate of the overall levy target amount for the
23
period.
24
Estimates of components of estimated overall levy target amount
25
(2) Before the start of each eligible levy period, the Minister must
26
prepare a written estimate of the total amount that is likely to be
27
paid by TUSMA on behalf of the Commonwealth during the period
28
under contracts made, or likely to be made, under section 13.
29
Assessment, collection and recovery of levy Part 6
Overall levy target amount Division 1
Section 90
Telecommunications Universal Service Management Agency Bill 2011 No. , 2011
53
(3) Before the start of each eligible levy period, the Minister must
1
prepare a written estimate of the total amount that is likely to be
2
paid by TUSMA on behalf of the Commonwealth during the period
3
by way of grants made, or likely to be made, under section 13.
4
(4) Before the start of each eligible levy period, the Minister must
5
prepare a written statement setting out:
6
(a) an estimate of the total amount of TUSMA's administrative
7
costs likely to be incurred during the period; and
8
(b) a breakdown of the amount referred to in paragraph (a) into
9
categories specified in the regulations.
10
Other matters
11
(5) Before making an estimate under this section, the Minister must
12
consult TUSMA.
13
(6) The Minister must give a copy of an estimate under this section to:
14
(a)
TUSMA;
and
15
(b)
the
ACMA.
16
(7) As soon as practicable after the Minister gives TUSMA or the
17
ACMA a copy of an estimate under this section, TUSMA or the
18
ACMA, as the case may be, must cause the copy to be published
19
on TUSMA's website or the ACMA's website, as the case may be.
20
(8) An estimate under this section is not a legislative instrument.
21
90 Statement of overall levy target amount
22
Overall levy target amount
23
(1) Within 3 months after an eligible levy period, the Minister must
24
prepare a written statement setting out the overall levy target
25
amount for the period.
26
Components of overall levy target amount
27
(2) Within 3 months after an eligible levy period, the Minister must
28
prepare a written statement setting out the total amount paid by
29
Part 6 Assessment, collection and recovery of levy
Division 1 Overall levy target amount
Section 90
54 Telecommunications Universal Service Management Agency Bill 2011 No. ,
2011
TUSMA on behalf of the Commonwealth during the period under
1
contracts made under section 13.
2
(3) Within 3 months after an eligible levy period, the Minister must
3
prepare a written statement setting out the total amount paid by
4
TUSMA on behalf of the Commonwealth during the period by way
5
of grants made under section 13.
6
(4) Within 3 months after an eligible levy period, the Minister must
7
prepare a written statement setting out:
8
(a) the total amount of TUSMA's administrative costs incurred
9
during the period; and
10
(b) a breakdown of the amount referred to in paragraph (a) into
11
categories specified in the regulations.
12
Other matters
13
(5) Before preparing a statement under this section, the Minister must
14
consult TUSMA.
15
(6) The Minister must give a copy of a statement under this section to:
16
(a)
TUSMA;
and
17
(b)
the
ACMA.
18
(7) As soon as practicable after the Minister gives TUSMA or the
19
ACMA a copy of a statement under this section, TUSMA or the
20
ACMA, as the case may be, must cause the copy to be published
21
on TUSMA's website or the ACMA's website, as the case may be.
22
(8) A statement under this section is not a legislative instrument.
23
24
Assessment, collection and recovery of levy Part 6
Eligible revenue of participating persons Division 2
Section 91
Telecommunications Universal Service Management Agency Bill 2011 No. , 2011
55
Division 2--Eligible revenue of participating persons
1
91 Participating person must lodge return of eligible revenue
2
(1) A participating person for an eligible revenue period (other than
3
the first eligible revenue period) must:
4
(a) give the ACMA a written return of the person's eligible
5
revenue for that period; and
6
(b) do so within the period specified in an instrument in force
7
under subsection (5).
8
(2) The return must be in a form approved in writing by the ACMA.
9
(3) The approved form may require verification, by a statutory
10
declaration, of statements made in the return.
11
(4) The return must set out:
12
(a) the eligible revenue for the eligible revenue period of the
13
participating person; and
14
(b) details of how the eligible revenue was worked out; and
15
(c) such other information (if any) as the approved form of
16
return requires.
17
(5) The ACMA may, by legislative instrument, specify a period for the
18
purposes of paragraph (1)(b). The period must begin at or after the
19
end of the eligible revenue period.
20
Note:
See also section 120 (offence of failing to lodge eligible revenue
21
return).
22
92 Participating person
23
(1) For the purposes of this Act, a person is a participating person for
24
an eligible revenue period if:
25
(a) the person was a carrier at any time during the eligible
26
revenue period; or
27
(b)
both:
28
(i) the Minister makes a written determination that carriage
29
service providers are participating persons for the
30
eligible revenue period; and
31
Part 6 Assessment, collection and recovery of levy
Division 2 Eligible revenue of participating persons
Section 93
56 Telecommunications Universal Service Management Agency Bill 2011 No. ,
2011
(ii) the person was a carriage service provider at any time
1
during the eligible revenue period.
2
(2) However, a person is not a participating person for an eligible
3
revenue period if the person is of a kind, determined in writing by
4
the Minister for the purposes of this subsection, to be exempt from
5
this section.
6
(3) A determination under subsection (1) or (2) is a legislative
7
instrument.
8
93 Eligible revenue
9
General rule
10
(1) For the purposes of this Act, eligible revenue of a person for an
11
eligible revenue period (other than the first eligible revenue period)
12
is the amount ascertained in accordance with a written
13
determination made by the ACMA for the purposes of this
14
subsection.
15
(2) Subsection (1) has effect subject to subsection (3).
16
(3)
The
eligible revenue of a participating person for an eligible
17
revenue period (other than the first eligible revenue period):
18
(a) is taken to be zero if the person's eligible revenue is less than
19
the amount (the threshold amount) determined in writing by
20
the Minister for the purposes of this subsection; or
21
(b) in any other case--must be reduced by the threshold amount.
22
(4) To avoid doubt, a determination under subsection (1) may, in
23
providing how to work out the eligible revenue of a person, refer to
24
revenue of other persons.
25
(5) A determination under subsection (1) must not provide that:
26
(a) an amount payable under a contract entered into under
27
section 13; or
28
(b) a grant under section 13;
29
is included in a person's eligible revenue.
30
Assessment, collection and recovery of levy Part 6
Eligible revenue of participating persons Division 2
Section 94
Telecommunications Universal Service Management Agency Bill 2011 No. , 2011
57
(6) A determination under subsection (1) or (3) is a legislative
1
instrument.
2
First eligible revenue period
3
(7) For the purposes of this Act, eligible revenue of a person for the
4
first eligible revenue period is the amount that is assessed by the
5
ACMA under section 20F of the Telecommunications (Consumer
6
Protection and Service Standards) Act 1999 as the person's
7
eligible revenue (within the meaning of that Act) for the eligible
8
revenue period (within the meaning of that Act) that began on
9
1 July 2011.
10
Note:
The first eligible revenue period is the 2011-12 financial year (see
11
section 4).
12
94 Audit report to accompany eligible revenue return
13
(1) An eligible revenue return must be accompanied by a report of an
14
approved auditor that:
15
(a) is in a form approved in writing by the ACMA; and
16
(b) states that the auditor has audited the return; and
17
(c) contains a determination, in the terms specified in the form,
18
of the auditor's opinion; and
19
(d) states that the auditor has been given sufficient information
20
and assistance in order to audit the return; and
21
(e) includes all other statements and information required by the
22
form to be included.
23
(2) The ACMA may, by written notice given to a person, exempt the
24
person from subsection (1).
25
(3) A notice under subsection (2) is not a legislative instrument.
26
(4) The ACMA may, by legislative instrument, determine that a
27
specified person is an approved auditor for the purposes of this
28
section.
29
Note:
For specification by class, see subsection 13(3) of the Legislative
30
Instruments Act 2003.
31
Part 6 Assessment, collection and recovery of levy
Division 2 Eligible revenue of participating persons
Section 95
58 Telecommunications Universal Service Management Agency Bill 2011 No. ,
2011
95 ACMA may inquire into correctness of return
1
The ACMA may make whatever inquiries it thinks necessary or
2
desirable in order to determine whether or not a participating
3
person's eligible revenue return for an eligible revenue period
4
correctly states the person's eligible revenue for that period.
5
96 ACMA to assess eligible revenue
6
(1) The ACMA must make a written assessment of each participating
7
person's eligible revenue for an eligible revenue period (other than
8
the first eligible revenue period).
9
Note:
The assessment may be included in the same document as any other
10
assessment the ACMA makes under this Part (see section 104).
11
(2) The assessment must be based on:
12
(a) the person's eligible revenue return; and
13
(b) the information and documents obtained by the ACMA
14
because of its inquiries into the correctness of the return; and
15
(c) any other information or documents that the ACMA has and
16
that it thinks relevant to making the assessment.
17
(3) Subsection (2) has effect subject to section 97.
18
(4) The ACMA must give a copy of an assessment of a person's
19
eligible revenue to the person concerned.
20
(5) The assessment is not a legislative instrument.
21
97 Assessment based on estimate of eligible revenue
22
(1) If a participating person fails to give the ACMA an eligible
23
revenue return for an eligible revenue period (other than the first
24
eligible revenue period), the ACMA may:
25
(a) estimate the person's eligible revenue for that period; and
26
(b) make a written assessment under section 96 of the person's
27
eligible revenue for that period based on that estimate.
28
(2) The ACMA must give the person at least 14 days' written notice
29
of:
30
Assessment, collection and recovery of levy Part 6
Eligible revenue of participating persons Division 2
Section 98
Telecommunications Universal Service Management Agency Bill 2011 No. , 2011
59
(a) the amount of eligible revenue proposed to be assessed; and
1
(b) the ACMA's proposal to make the assessment based on the
2
estimate.
3
(3) The ACMA must not make an assessment based on an estimate
4
after receiving an eligible revenue return for the period from the
5
person concerned.
6
(4) However, if the ACMA has made an assessment based on the
7
estimate, the ACMA is not required to change it if an eligible
8
revenue return is later given to the ACMA.
9
98 Levy contribution factor
10
(1) The rule in subsection (2) applies if the ACMA has assessed the
11
eligible revenue of participating persons for an eligible revenue
12
period.
13
(2) For the eligible levy period starting immediately after the eligible
14
revenue period, the ACMA must work out a levy contribution
15
factor for each of those participating persons.
16
Note:
The levy contribution factor is used to work out the levy amount of a
17
participating person. See section 99.
18
(3) For the purposes of this Act, the levy contribution factor of a
19
person for an eligible levy period is the amount worked out using
20
the following formula:
21
Individual eligible revenue
Total eligible revenue
22
where:
23
individual eligible revenue means the assessed eligible revenue of
24
the person for the eligible revenue period ending immediately
25
before the eligible levy period.
26
total eligible revenue means the total assessed eligible revenue, for
27
the eligible revenue period ending immediately before the eligible
28
levy period, of all the participating persons for the eligible revenue
29
period.
30
31
Part 6 Assessment, collection and recovery of levy
Division 3 Levy amount
Section 99
60 Telecommunications Universal Service Management Agency Bill 2011 No. ,
2011
Division 3--Levy amount
1
99 Levy amount of a participating person
2
Levy amount--general rule
3
(1) If a person is a participating person for an eligible revenue period
4
(the relevant eligible revenue period) (other than the first or
5
second eligible revenue period), then, for the purposes of this Act,
6
the levy amount of the person for the eligible levy period starting
7
immediately after the relevant eligible revenue period is the
8
amount worked out using the formula:
9
Levy contribution factor
Overall levy target amount
×
10
where:
11
levy contribution factor means the person's levy contribution
12
factor for the eligible levy period worked out under section 98.
13
overall levy target amount means the overall levy target amount
14
for the eligible levy period worked out under section 88.
15
Note: The
Telecommunications (Industry Levy) Act 2011 imposes levy on
16
the levy amount.
17
(2) The Minister may, by legislative instrument, modify the formula in
18
subsection (1).
19
Levy amount--first or second eligible revenue period
20
(3)
If:
21
(a) a person is a participating person for an eligible revenue
22
period (the relevant eligible revenue period); and
23
(b) the relevant eligible revenue period is the first or second
24
eligible revenue period;
25
then, for the purposes of this Act, the levy amount of the person for
26
the eligible levy period starting immediately after the relevant
27
eligible revenue period is the amount worked out using the
28
formula:
29
Levy contribution factor
Overall levy cap amount
×
30
Assessment, collection and recovery of levy Part 6
Levy amount Division 3
Section 100
Telecommunications Universal Service Management Agency Bill 2011 No. , 2011
61
where:
1
levy contribution factor means the person's levy contribution
2
factor for the eligible levy period worked out under section 98.
3
overall levy cap amount means the overall levy cap amount for the
4
eligible levy period.
5
Note: The
Telecommunications (Industry Levy) Act 2011 imposes levy on
6
the levy amount.
7
(4) For the purposes of this section, the overall levy cap amount for an
8
eligible levy period is the amount ascertained in accordance with a
9
written instrument made by the Minister for the purposes of this
10
subsection.
11
(5) An instrument made under subsection (4) is a legislative
12
instrument, but section 42 (disallowance) of the Legislative
13
Instruments Act 2003 does not apply to the instrument.
14
(6) The Minister must not make an instrument under subsection (4)
15
that relates to a particular eligible levy period before the end of the
16
eligible levy period.
17
(7) The Minister must take all reasonable steps to ensure that an
18
instrument under subsection (4) that relates to a particular eligible
19
levy period is made during the 3-month period starting
20
immediately after the end of the eligible levy period.
21
(8) The Minister may, by legislative instrument, modify the formula in
22
subsection (3).
23
100 ACMA to make written assessment
24
(1) For each eligible levy period, the ACMA must make a written
25
assessment setting out the matters in subsection (2).
26
(2) For each participating person for the eligible revenue period ending
27
immediately before the eligible levy period, the assessment must
28
set out:
29
(a) the person's levy amount under section 99 for the eligible
30
levy period; and
31
(b) the levy payable by the person on that amount.
32
Part 6 Assessment, collection and recovery of levy
Division 3 Levy amount
Section 101
62 Telecommunications Universal Service Management Agency Bill 2011 No. ,
2011
Note:
Section 105 sets out when the levy is payable.
1
(3) The ACMA must act expeditiously in preparing its assessment.
2
However, a failure to comply with this subsection does not affect
3
the validity of the assessment.
4
(4) The assessment is not a legislative instrument.
5
101 Publication of assessment
6
As soon as practicable after making an assessment under
7
section 100, the ACMA must:
8
(a) publish a copy of the assessment on the ACMA's website;
9
and
10
(b) give a copy of the assessment to the participating person to
11
whom the assessment relates.
12
13
Assessment, collection and recovery of levy Part 6
Assessments Division 4
Section 102
Telecommunications Universal Service Management Agency Bill 2011 No. , 2011
63
Division 4--Assessments
1
102 Variation of assessments
2
(1) The ACMA may vary an assessment made under this Part by
3
making such alterations and additions as it thinks necessary, even
4
if levy has been paid in respect of an assessment.
5
(2) Unless the contrary intention appears, an amended assessment is
6
taken, for the purposes of this Part, to be an assessment under
7
section 96 or 100, as the case may be.
8
103 ACMA may accept statements
9
Despite anything in this Part, the ACMA may, for the purposes of
10
making an assessment under this Part, partly or completely accept
11
a statement in an eligible revenue return.
12
104 Multiple assessments in the same document
13
The ACMA may include in the same document more than one
14
assessment made under this Part.
15
16
Part 6 Assessment, collection and recovery of levy
Division 5 Collection and recovery of levy
Section 105
64 Telecommunications Universal Service Management Agency Bill 2011 No. ,
2011
Division 5--Collection and recovery of levy
1
105 When levy payable
2
(1) Levy assessed under section 100 becomes due and payable on:
3
(a) the 28th day; or
4
(b) such later day as is determined in writing by the ACMA;
5
after the ACMA gives a copy of the assessment to the participating
6
person to whom the assessment relates.
7
(2) A copy of a determination under paragraph (1)(b) must be
8
published on the ACMA's website.
9
(3) A determination under paragraph (1)(b) is not a legislative
10
instrument.
11
106 Recovery of levy
12
Levy:
13
(a) is a debt due to the ACMA on behalf of the Commonwealth;
14
and
15
(b) may be recovered by the ACMA, on behalf of the
16
Commonwealth, in a court of competent jurisdiction.
17
107 Validity of assessment
18
The validity of an assessment under this Part is not affected by a
19
contravention of this Part.
20
108 Evidence of assessment
21
Scope
22
(1) This section applies if a document that purports to be a copy of an
23
assessment under section 100 is produced in a proceeding.
24
Evidence
25
(2) Except so far as the contrary is established, it must be presumed:
26
(a) that the document is a copy of the assessment; and
27
Assessment, collection and recovery of levy Part 6
Collection and recovery of levy Division 5
Section 109
Telecommunications Universal Service Management Agency Bill 2011 No. , 2011
65
(b) that the ACMA has duly made the assessment; and
1
(c) that the amounts and other particulars set out in the
2
assessment are correct.
3
109 Onus of establishing incorrectness of assessment
4
In any proceeding, the onus of establishing that an assessment
5
under section 100 is incorrect is on the party making that assertion.
6
110 Set-off
7
(1)
If:
8
(a) an amount of levy (the first amount) is payable by a person
9
in relation to:
10
(i) the eligible levy period starting immediately after the
11
first eligible revenue period; or
12
(ii) the eligible levy period starting immediately after the
13
second eligible revenue period; and
14
(b) an amount (the second amount) is payable by the
15
Commonwealth to the person;
16
the Minister may, on behalf of the Commonwealth, set off the
17
whole or a part of the first amount against the whole or a part of
18
the second amount.
19
(2) For the purposes of paragraph (1)(b), if a person is eligible to
20
receive a grant of financial assistance from the Commonwealth, the
21
amount of the grant is taken to be an amount payable by the
22
Commonwealth to the person.
23
111 Refund of overpayment of levy
24
If there is an overpayment of levy, the overpayment is to be
25
refunded by TUSMA on behalf of the Commonwealth.
26
Part 6 Assessment, collection and recovery of levy
Division 5 Collection and recovery of levy
Section 112
66 Telecommunications Universal Service Management Agency Bill 2011 No. ,
2011
112 Cancellation of certain exemptions from levy
1
(1) This section cancels the effect of a provision of another Act that
2
would have the effect of exempting a person from liability to pay
3
levy.
4
(2) The cancellation does not apply if the provision of the other Act is
5
enacted after the commencement of this section and refers
6
specifically to levy imposed by the Telecommunications (Industry
7
Levy) Act 2011.
8
113 Commonwealth not liable to levy
9
(1) The Commonwealth is not liable to pay levy.
10
(2) A reference in this section to the Commonwealth includes a
11
reference to an authority of the Commonwealth that cannot, by law
12
of the Commonwealth, be made liable to taxation by the
13
Commonwealth.
14
114 Performance bonds and guarantees
15
(1) The Minister may, by written determination, require a person who
16
has a liability to pay levy, or an anticipated liability to pay levy, to
17
obtain, in accordance with the determination, performance bonds
18
or guarantees in respect of the person's liability or anticipated
19
liability.
20
(2) The person must comply with the determination.
21
(3) A determination under this section is a legislative instrument.
22
(4) In this section:
23
performance bond has the meaning given by the determination.
24
25
Assessment, collection and recovery of levy Part 6
Disclosure of information Division 6
Section 115
Telecommunications Universal Service Management Agency Bill 2011 No. , 2011
67
Division 6--Disclosure of information
1
115 Public may request information
2
(1) A person may request the ACMA to make available to the person:
3
(a) specified information or documents on the basis of which the
4
ACMA may make, or has made, its assessment under
5
section 100 for an eligible levy period; or
6
(b) specified information about how the ACMA may work out,
7
or has worked out, the matters mentioned in paragraphs
8
100(2)(a) and (b).
9
(2) The ACMA must comply with a request as provided in
10
section 117. This subsection has effect subject to subsection (3).
11
(3) The ACMA must not make available under this section:
12
(a) information (other than information prescribed for the
13
purposes of this paragraph):
14
(i) that was obtained from, or relates to, a person who is a
15
participating person for an eligible revenue period; and
16
(ii) the making available of which under this section can
17
reasonably be expected to cause substantial damage to
18
the person's commercial or other interests; or
19
(b) information prescribed for the purposes of this paragraph; or
20
(c) so much of a document as sets out information of a kind
21
referred to in paragraph (a) or (b).
22
116 Request for information that is unavailable under section 115
23
(1) A person who is a participating person for an eligible revenue
24
period may request the ACMA to make available to the person
25
specified information or documents of a kind referred to in
26
subsection 115(1) that subsection 115(3) prevents the ACMA from
27
making available to the person under section 115.
28
(2) The ACMA must comply with a request as provided for in
29
section 117. This subsection has effect subject to subsection (3) of
30
this section.
31
Part 6 Assessment, collection and recovery of levy
Division 6 Disclosure of information
Section 116
68 Telecommunications Universal Service Management Agency Bill 2011 No. ,
2011
(3) The ACMA must not, under this section, make available to a
1
person (the first person) information, or so much of a document as
2
sets out information:
3
(a) that was obtained from, or relates to, another person (the
4
second person) who is a participating person for an eligible
5
revenue period; and
6
(b) the making available of which to the first person can
7
reasonably be expected to cause substantial damage to the
8
second person's commercial or other interests;
9
unless the ACMA is satisfied:
10
(c) that the information could be obtained by the first person
11
lawfully, and without the second person's consent, from a
12
source other than the ACMA; or
13
(d)
that:
14
(i) the first person has made the request in good faith for
15
the sole purpose of informing itself about the basis on
16
which, or the methods by which, the ACMA made the
17
assessment concerned; and
18
(ii) having regard to the policy objectives in section 11, the
19
first person's interest in being able to examine that basis
20
and those methods in order to see how its liability to pay
21
levy has been assessed outweighs the second person's
22
interest in avoiding the damage referred to in
23
paragraph (b) of this subsection.
24
(4) In determining the question referred to in paragraph (3)(b), the
25
ACMA must have regard to:
26
(a) whether any undertakings have been given under
27
subsection (5) and, if so, the nature of those undertakings;
28
and
29
(b) such other matters (if any) as the ACMA considers relevant.
30
(5) For the purposes of this section, a person may give the ACMA a
31
written undertaking that, if specified information, or the whole or a
32
part of a specified document, is made available to the person under
33
this section, the person will not:
34
(a) disclose the information, or the contents of the document,
35
except to one or more specified persons; or
36
Assessment, collection and recovery of levy Part 6
Disclosure of information Division 6
Section 117
Telecommunications Universal Service Management Agency Bill 2011 No. , 2011
69
(b) use the information, or the document, except for the purpose
1
of informing itself about the basis on which, or the methods
2
by which, the ACMA made the assessment concerned.
3
Note:
Information, documents or persons may be specified by name, by
4
inclusion in a class or in any other way.
5
(6) If a person gives an undertaking under subsection (5), the person
6
must comply with the undertaking.
7
117 How the ACMA is to comply with a request
8
(1) The ACMA may comply with a request by a person under
9
section 115 or 116 by:
10
(a) communicating information to the person in writing or in
11
some other form; or
12
(b) making documents available for inspection by the person or
13
by an employee, agent or professional adviser of the person;
14
or
15
(c) giving to the person copies of, extracts from, or summaries
16
of, documents.
17
(2) In this section:
18
document includes a part of a document.
19
118 Minister's information-gathering powers
20
Scope
21
(1) This section applies if the Minister has reason to believe that a
22
carrier or carriage service provider has information that is relevant
23
to the exercise of the Minister's powers, or performance of the
24
Minister's functions, under this Part.
25
Requirement
26
(2) The Minister may give written notice to the carrier or provider
27
requiring the carrier or provider to give the information to the
28
Minister, within the period and in the manner specified in the
29
notice.
30
Part 6 Assessment, collection and recovery of levy
Division 6 Disclosure of information
Section 118
70 Telecommunications Universal Service Management Agency Bill 2011 No. ,
2011
(3) A period specified under subsection (2) must not be shorter than 14
1
days after the notice is given.
2
(4) The carrier or provider must comply with the notice.
3
(5) An individual is not required to give information under
4
subsection (2) if the information might tend to incriminate the
5
individual or expose the individual to a penalty.
6
(6) This section does not affect the law relating to legal professional
7
privilege.
8
(7) A notice under subsection (2) is a legislative instrument.
9
10
Assessment, collection and recovery of levy Part 6
Other matters Division 7
Section 119
Telecommunications Universal Service Management Agency Bill 2011 No. , 2011
71
Division 7--Other matters
1
119 Delegation by the Minister
2
(1) The Minister may, by writing, delegate any or all of his or her
3
functions or powers under this Part to a member of the staff of the
4
ACMA who is:
5
(a) an SES employee; or
6
(b) an acting SES employee.
7
(2) A delegate must comply with any written directions of the
8
Minister.
9
120 Offence of failing to lodge eligible revenue return
10
(1) A person commits an offence if:
11
(a) the person is subject to a requirement under section 91; and
12
(b) the person omits to do an act; and
13
(c) the omission breaches the requirement.
14
Penalty: 50 penalty units.
15
(2) An offence against subsection (1) is an offence of strict liability.
16
Note:
For strict liability, see section 6.1 of the Criminal Code.
17
(3) A person who contravenes subsection (1) commits a separate
18
offence in respect of each day (including a day of a conviction for
19
the offence or any later day) during which the contravention
20
continues.
21
121 Late payment penalty
22
(1) If an amount of levy that is payable by a person remains unpaid
23
after the day on which it becomes due and payable, the person is
24
liable to pay a penalty (late payment penalty) on the unpaid
25
amount for each day until all of the levy has been paid.
26
(2) The late payment penalty rate is 20% per year, or such lower rate
27
as the ACMA determines in writing for the purposes of this
28
subsection.
29
Part 6 Assessment, collection and recovery of levy
Division 7 Other matters
Section 121
72 Telecommunications Universal Service Management Agency Bill 2011 No. ,
2011
(3) The ACMA may remit the whole or part of a late payment penalty
1
that a person is liable to pay under subsection (2).
2
(4) The late payment penalty for a day is due and payable at the end of
3
that day.
4
(5) Late payment penalty:
5
(a) is a debt due to the ACMA on behalf of the Commonwealth;
6
and
7
(b) may be recovered by the ACMA, on behalf of the
8
Commonwealth, in a court of competent jurisdiction.
9
(6) If the amount of the late payment penalty for a day is not an
10
amount of whole dollars, the late payment penalty is rounded to the
11
nearest dollar (rounding 50 cents upwards).
12
(7) A determination under subsection (2) is a legislative instrument.
13
14
Miscellaneous Part 7
Section 122
Telecommunications Universal Service Management Agency Bill 2011 No. , 2011
73
Part 7--Miscellaneous
1
2
122 Disclosure of information to the ACMA and the ACCC
3
(1) TUSMA may disclose information to any of the following
4
authorities if TUSMA is satisfied that the information will enable
5
or assist the authority to perform or exercise any of its functions or
6
powers:
7
(a)
the
ACMA;
8
(b) the Australian Competition and Consumer Commission.
9
(2) TUSMA may, by writing, impose conditions to be complied with
10
in relation to information disclosed under subsection (1).
11
(3) An instrument made under subsection (2) that imposes conditions
12
relating to one particular disclosure identified in the instrument is
13
not a legislative instrument.
14
(4) Otherwise, an instrument made under subsection (2) is a legislative
15
instrument.
16
123 Review of the operation of this Act
17
Review
18
(1) Before 1 January 2018, the Minister must cause to be conducted a
19
review of the operation of:
20
(a) this Act; and
21
(b) legislative instruments under this Act; and
22
(c)
the
Telecommunications Act 1997 to the extent to which that
23
Act relates to this Act.
24
(2) Without limiting subsection (1), a review under that subsection
25
must consider the following matters:
26
(a) the extent to which the policy objectives set out in section 11
27
have been achieved;
28
(b) whether there should be any changes to arrangements for the
29
provision of:
30
(i) standard telephone services; and
31
Part 7 Miscellaneous
Section 124
74 Telecommunications Universal Service Management Agency Bill 2011 No. ,
2011
(ii)
payphones;
and
1
(iii) emergency call services; and
2
(iv) the National Relay Service;
3
(c) whether there should be any changes to the functions of
4
TUSMA.
5
(3) A review under subsection (1) must have regard to developments
6
in the telecommunications industry, including developments in the
7
technology for the provision of:
8
(a) standard telephone services; and
9
(b)
payphones;
and
10
(c) emergency call services; and
11
(d) the National Relay Service.
12
Public consultation
13
(4) A review under subsection (1) must make provision for public
14
consultation.
15
Report
16
(5) The Minister must cause to be prepared a report of a review under
17
subsection (1).
18
(6) The Minister must cause copies of a report to be tabled in each
19
House of the Parliament within 15 sitting days of that House after
20
the completion of the preparation of the report.
21
124 Compensation for acquisition of property
22
(1) If the operation of this Act, or a legislative instrument under this
23
Act, would result in an acquisition of property from a person
24
otherwise than on just terms, the Commonwealth is liable to pay a
25
reasonable amount of compensation to the person.
26
(2) If the Commonwealth and the person do not agree on the amount
27
of the compensation, the person may institute proceedings in a
28
court of competent jurisdiction for the recovery from the
29
Commonwealth of such reasonable amount of compensation as the
30
court determines.
31
Miscellaneous Part 7
Section 125
Telecommunications Universal Service Management Agency Bill 2011 No. , 2011
75
(3) In this section:
1
acquisition of property has the same meaning as in paragraph
2
51(xxxi) of the Constitution.
3
just terms has the same meaning as in paragraph 51(xxxi) of the
4
Constitution.
5
125 Regulations
6
The Governor-General may make regulations prescribing matters:
7
(a) required or permitted by this Act to be prescribed; or
8
(b) necessary or convenient to be prescribed for carrying out or
9
giving effect to this Act.
10