Commonwealth Consolidated Acts

TELECOMMUNICATIONS ACT 1997 - SECT 136C

Reimbursement of costs--development of code

  (1)   If:

  (a)   a section   136B declaration was made in relation to the development of an industry code by a body or association; and

  (b)   when the section   136B declaration was in force, the body or association gave a copy of the code to the ACMA under section   117; and

  (c)   the ACMA is satisfied that the code deals wholly or mainly with one or more matters relating to the relationship between carriage service providers and their retail customers; and

  (d)   the ACMA is satisfied that the process for the development of the code ensured that the interests of those retail customers were adequately represented in relation to the development of the code; and

  (e)   the copy of the code was accompanied by:

  (i)   a written statement itemising one or more costs incurred by the body or association in developing the code; and

  (ii)   a written claim for reimbursement of those costs; and

  (iii)   a written declaration by an approved auditor that he or she is of the opinion that the subparagraph   (i) statement complies with the approved auditing requirements; and

  (iv)   a written statement describing the process for the development of the code; and

  (f)   the ACMA is satisfied that each of the costs itemised in the subparagraph   (e)(i) statement:

  (i)   is a refundable cost incurred by the body or association in developing the code; and

  (ii)   was incurred when the section   136B declaration was in force;

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

Note:   For refundable cost , see section   136E.

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

  (a)   the total of the costs itemised in the subparagraph   (1)(e)(i) statement;

  (b)   the estimate that accompanied the application for the section   136B declaration.

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

Reimbursement of costs--variation of code

  (3A)   If:

  (a)   a section   136B declaration was made in relation to the variation of an industry code by a body or association; and

  (b)   when the section   136B declaration was in force, the body or association gave a copy of the variation to the ACMA under section   119A; and

  (c)   the ACMA is satisfied that the code deals wholly or mainly with one or more matters relating to the relationship between carriage service providers and their retail customers; and

  (d)   the ACMA is satisfied that the process for the variation of the code ensured that the interests of those retail customers were adequately represented in relation to the variation of the code; and

  (e)   the copy of the variation was accompanied by:

  (i)   a written statement itemising one or more costs incurred by the body or association in varying the code; and

  (ii)   a written claim for reimbursement of those costs; and

  (iii)   a written declaration by an approved auditor that he or she is of the opinion that the subparagraph   (i) statement complies with the approved auditing requirements; and

  (iv)   a written statement describing the process for the variation of the code; and

  (f)   the ACMA is satisfied that each of the costs itemised in the subparagraph   (e)(i) statement:

  (i)   is a refundable cost incurred by the body or association in varying the code; and

  (ii)   was incurred when the section   136B declaration was in force;

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

Note:   For refundable cost , see section   136E.

  (3B)   The specified amount must be equal to whichever is the lesser of the following:

  (a)   the total of the costs itemised in the subparagraph   (3A)(e)(i) statement;

  (b)   the estimate that accompanied the application for the section   136B declaration.

  (3C)   The ACMA, on behalf of the Commonwealth, must pay the specified amount to the body or association within 30 days after the day on which the body or association was notified under subsection   (3A) of its entitlement to be paid that amount.

Appropriation

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

Approved auditors and approved auditing requirements

  (5)   The ACMA may make a written determination specifying:

  (a)   the persons who are to be approved auditors for the purposes of this section; and

  (b)   the requirements that are to be approved auditing requirements for the purposes of this section.

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

  (6)   A determination under subsection   (5) has effect accordingly.

  (7)   A determination under subsection   (5) is a legislative instrument.