Telecommunications (Non-refundable Code Development Costs) Determination Variation 2014 (No 1)
Telecommunications Act 1997
The AUSTRALIAN COMMUNICATIONS AND MEDIA AUTHORITY makes this instrument under subsection 136E(1) of the Telecommunications Act 1997.
Dated 14th May 2014
Chris Chapman
[signed]
Member
 
Richard Bean
 [signed]
Member/General Manager
Australian Communications and Media Authority
1              Name of instrument
                This instrument is the Telecommunications (Non-refundable Code Development Costs) Determination Variation 2014 (No 1).
2              Commencement
                This instrument commences on the day after it is registered.
           Note  : All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See www.comlaw.gov.au.
3              Variation of Telecommunications (Non-refundable Code Development Costs) Determination 2006
Schedule 1 varies the Telecommunications (Non-refundable Code Development Costs) Determination 2006.
Schedule 1        Variations
(section 3)
[1]            Section 3, definition of industry participant
                substitute
industry participant means:
(a)       a person mentioned in section 111 of the Act who is a participant in a section of the telecommunications industry;
(b)       a person mentioned in section 111A of the Act who is a participant in a section of the e-marketing industry;
(c)       a person mentioned in section 111AA of the Act who is a participant in a section of the telemarketing industry;
(d)      a person mentioned in section 111AB of the Act who is a participant in a section of the fax marketing industry.
[2]            Subsection 4(1)
after “in developing” insert “or varying”
[3]            Section 5
                substitute
5      Costs that are not refundable
For subsection 136E (1) of the Act, the following costs are specified:
(a)    costs that are not directly attributable to the development or variation of a consumer-related industry code;
(b)    costs incurred by an industry participant during the development or variation of a consumer-related industry code that would have been incurred had the participant not participated in the code development or variation process;
(c)    costs incurred by a consumer body that are the subject of:
(i)         a grant of financial assistance under subsection 593 (1) of the Act by the Minister; or
(ii)        another program funded by the Commonwealth;
(d)     any cost to the extent to which it was not reasonably incurred as part of the code development or variation process.