Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) If there are one or more chargeable premises associated with a local access line of a person for a month in an eligible financial year, the person must:
(a) give the ACMA a written report about:
(i) those chargeable premises; and
(ii) the chargeable premises (if any) associated with a local access line of the person for each of the other months in the financial year; and
(b) do so before the end of 31 October next following the financial year.
(2) The report must be in a form approved, in writing, by the ACMA.
(3) The approved form may require verification, by a statutory declaration, of statements made in the report.
(3A) If, at any time during a month covered by the report, the person had an associate in relation to control of:
(a) a telecommunications network; or
(b) a company; or
(c) a local access line;
the report must:
(d) set out the name of the associate; and
(e) set out the ACN (if any) of the associate; and
(f) identify the network, company or line, as the case requires; and
(g) identify which paragraph or paragraphs of subsection 152(1) of the Telecommunications Act 1997 resulted in the person having the associate.
Transitional
(4) If:
(a) the report relates to:
(i) the first eligible financial year; or
(ii) the second eligible financial year; or
(iii) the third eligible financial year; or
(iv) the fourth eligible financial year; or
(v) the fifth eligible financial year; and
(b) there are one or more potentially concessional premises in relation to the person for a month in the eligible financial year;
the report must set out the total number of potentially concessional premises in relation to the person for that month.
(5) If:
(a) particular premises are reported as potentially concessional premises in relation to the person for a month; and
(b) apart from this subsection, the premises are not potentially concessional premises in relation to the person for the month; and
(c) the person:
(i) did not know; and
(ii) could not, with reasonable diligence, have ascertained;
that the premises are not potentially concessional premises in relation to the person for the month;
the premises are taken, for all purposes, to be potentially concessional premises in relation to the person for the month.
(6) If:
(a) the report relates to:
(i) the first eligible financial year; or
(ii) the second eligible financial year; or
(iii) the third eligible financial year; or
(iv) the fourth eligible financial year; or
(v) the fifth eligible financial year; and
(b) during the whole or a part of a month in the eligible financial year, the person was the controller of an associated group;
the report must:
(c) set out a statement to that effect; and
(d) identify each of the members of the associated group; and
(e) set out the circumstances that resulted in the person being the controller of the associated group.
Associated group
(7) For the purposes of subsection (6), if:
(a) a person is in a position to exercise control of:
(i) a local access line; or
(ii) a telecommunications network; and
(b) the person has one or more associates;
then:
(c) the person is taken to belong to an associated group; and
(d) the associated group consists of the person and those associates; and
(e) the person is the controller of the associated group.
(8) For the purposes of subsection (7), the question of whether a person is in a position to exercise control of:
(a) a local access line; or
(b) a telecommunications network;
is to be determined in the same manner in which that question is determined for the purposes of Part 8 of the Telecommunications Act 1997 .
(9) For the purposes of subsection (7), the question of whether a person has one or more associates is to be determined in the same manner in which that question is determined for the purposes of Part 8 of the Telecommunications Act 1997 .
Transitional--recently connected greenfield premises
(10) If:
(a) the report relates to:
(i) the first eligible financial year; or
(ii) the second eligible financial year; or
(iii) the third eligible financial year; or
(iv) the fourth eligible financial year; or
(v) the fifth eligible financial year; and
(b) there are one or more recently connected greenfield premises in relation to the person for a month in the eligible financial year;
the report must set out the total number of recently connected greenfield premises in relation to the person for that month.
(11) If:
(a) particular premises are reported as recently connected greenfield premises in relation to the person for a month; and
(b) apart from this subsection, the premises are not recently connected greenfield premises in relation to the person for the month; and
(c) the person:
(i) did not know; and
(ii) could not, with reasonable diligence, have ascertained;
that the premises are not recently connected greenfield premises in relation to the person for the month;
the premises are taken, for all purposes, to be recently connected greenfield premises in relation to the person for the month.