Commonwealth Consolidated Acts Commonwealth Consolidated ActsIn this Part:
"administrative cost instalment" of charge has the meaning given by subsection 102D(5).
"amount" includes a nil amount.
"annual administrative cost amount" , for a financial year, has the same meaning as in the Telecommunications (Regional Broadband Scheme) Charge Act 2020 .
"annual base amount" , for a financial year, has the same meaning as in the Telecommunications (Regional Broadband Scheme) Charge Act 2020 .
"annual chargeable premises amount" , for a financial year, has the same meaning as in the Telecommunications (Regional Broadband Scheme) Charge Act 2020 .
"associate" has the same meaning as in Part 8 of the Telecommunications Act 1997 .
"base instalment" of charge has the meaning given by subsection 102D(5).
"broadcast television stream" means a continuous stream of program material that is identical to the program material provided by:
(a) a licensed television broadcasting service; or
(b) a national television broadcasting service.
"charge" means charge imposed by the Telecommunications (Regional Broadband Scheme) Charge Act 2020 .
"chargeable premises" associated with a local access line of a person has the meaning given by section 93.
"charge offset certificate" means a certificate issued under section 98.
"contractor" has the meaning given by section 80.
"declared service" has the same meaning as in Part XIC of the Competition and Consumer Act 2010 .
"designated administrative costs" means:
(a) remuneration, and other employment - related costs and expenses, incurred in respect of APS employees whose duties relate to the performance of the ACMA's functions, or the exercise of the ACMA's powers, under this Part; or
(b) any other costs, expenses and other obligations incurred by the ACMA in connection with the performance of the ACMA's functions, or the exercise of the ACMA's powers, under this Part; or
(c) remuneration, and other employment - related costs and expenses, incurred in respect of APS employees whose duties relate to the performance of the ACCC's functions, or the exercise of the ACCC's powers, under this Part or the Telecommunications (Regional Broadband Scheme) Charge Act 2020 ; or
(d) any other costs, expenses and other obligations incurred by the ACCC in connection with the performance of the ACCC's functions, or the exercise of the ACCC's powers, under this Part or the Telecommunications (Regional Broadband Scheme) Charge Act 2020 ;
but does not include:
(e) amounts incurred under contracts made under section 80; and
(f) amounts incurred by way of grants made under section 80.
"designated broadband service" has the meaning given by section 76AA.
"designated start date" means 1 January 2021.
"eligible financial year" has the meaning given by section 79.
"eligible funding recipient" has the meaning given by section 78.
"eligible service" has the same meaning as in section 152AL of the Competition and Consumer Act 2010 .
"exempt line" has the meaning given by section 96.
"exempt premises" has the meaning given by section 95.
"financial year" has a meaning affected by section 78A.
"fixed wireless broadband service" has the meaning given by section 76AB.
"grant recipient" has the meaning given by section 80.
"instalment" of charge: see subsection 102D(5).
"licensed television broadcasting service" means a broadcasting service that:
(a) is provided in accordance with:
(i) a licence allocated by the ACMA under the Broadcasting Services Act 1992 ; or
(ii) a class licence determined by the ACMA under the Broadcasting Services Act 1992 ; and
(b) provides television programs.
"local access line" has the meaning given by section 76A.
"month" means calendar month.
"multi-unit building" means:
(a) a building that has 2 or more units for occupation as a place of residence or business; or
(b) a building in a complex, where each building has 2 or more units for occupation as a place of residence or business.
"national television broadcasting service" means a broadcasting service that:
(a) is a national broadcasting service within the meaning of the Broadcasting Services Act 1992 ; and
(b) provides television programs.
"NBN Co" has the same meaning as in the National Broadband Network Companies Act 2011 .
"nominal funding entitlement" of a person for a financial year means the amount specified in a nominal funding entitlement certificate that:
(a) is held by the person; and
(b) relates to the financial year.
"nominal funding entitlement certificate" means a certificate issued under section 86.
"potentially chargeable premises" has the meaning given by section 94.
"potentially concessional premises" has the meaning given by section 96A.
Note: See also subsection 100(5).
"premises" has a meaning affected by section 79A.
"recently connected greenfield premises" , in relation to a person for a month, has the meaning given by section 96B.
Note: See also subsection 100(11).
"Regional Broadband Scheme Special Account" means the Regional Broadband Scheme Special Account established by section 89.
"residential customer" has the same meaning as in Part 8 of the Telecommunications Act 1997 .
"satellite broadband service" has the meaning given by section 77.
"small business customer" means:
(a) a customer who is a small business employer (within the meaning of the Fair Work Act 2009 ); or
(b) a customer who:
(i) carries on a business; and
(ii) does not have any employees.
For the purposes of paragraph (a) of this definition, it is to be assumed that each reference in section 23 of the Fair Work Act 2009 to a national system employer were a reference to an employer (within the ordinary meaning of that expression).
"superfast carriage service" means a carriage service, where:
(a) the carriage service enables end - users to download communications; and
(b) the download transmission speed of the carriage service is normally 25 megabits per second or more; and
(c) the carriage service is supplied to particular premises using a line.
Note: The line does not need to be physically connected to the premises. This is because using has an extended meaning--see subsection 5(1) of this Act and section 24 of the Telecommunications Act 1997 (when read together with section 18A of the Acts Interpretation Act 1901 ).