Commonwealth of Australia
Telecommunications Universal Service Management Agency Act 2012
Telecommunications (Participating Persons) Determination 2013 (No. 2)
I, STEPHEN michael CONROY, Minister for Broadband, Communications and the Digital Economy, make the following Determination under subsection 92(2) of the Telecommunications Universal Service Management Agency Act 2012.
Dated 26 June 2013
STEPHEN CONROY
Minister for Broadband, Communications and the Digital Economy _________________________________________________________________
1 Name of Determination
This Determination is the Telecommunications (Participating Persons) Determination 2013 (No. 2).
2 Commencement
This Determination commences on the day after it is registered on the Federal Register of Legislative Instruments.
3 Application
This Determination applies in relation to the eligible revenue period for the 2012-13 financial year and subsequent eligible revenue periods.
4 Definitions
(1) In this Determination:
ACMA means the Australian Communications and Media Authority.
Act means the Telecommunications Universal Service Management Agency Act 2012.
company secretary has the same meaning as used in the Corporations Act 2001.
deregistered has the same meaning as in section 9 of the Corporations Act 2001.
director has the same meaning as in section 9 of the Corporations Act 2001.
Eligible Revenue Determination means the Telecommunications Universal Service Management Agency (Eligible Revenue) Determination 2013 as in force from time to time.
eligible statutory declaration has the meaning given in subsection 4(2) of this Determination.
externally-administered body corporate has the same meaning as in section 9 of the Corporations Act 2001.
gross telecommunications sales revenue for an eligible revenue period is the amount that would be that person’s ‘gross telecommunications sales revenue’ under the Eligible Revenue Determination, if that person were a participating person.
initial sales revenue for an eligible revenue period is the amount that would be that person’s ‘initial sales revenue’ under the Eligible Revenue Determination, if that person were a participating person.
non-participating person has the meaning given in subsection 4(3) of this Determination.
specified timeframe, in relation to an eligible revenue period, means the period of time within which a participating person is required to submit an eligible revenue return for that period, as specified by the ACMA under paragraph 91(1)(b) of the Act.
ultimate Australian parent entity has the same meaning as in the Eligible Revenue Determination.
Note 1: The terms Australia, eligible revenue, eligible revenue period and participating person have the same meaning given by section 4 of the Act.
Note 2: External administration is primarily dealt with in Chapter 5 of the Corporations Act 2001. Chapter 5 includes provisions dealing with schemes of arrangement, administration, receivership and winding up.
Note 3: Deregistration is primarily dealt with in Chapter 5A of the Corporations Act 2001.
(2) A declaration given by a person is an eligible statutory declaration if it is made:
(a) by:
(i) if the person is a company — a director or company secretary of the company, or
(ii) if the person is a natural person — the person; and
(b) in accordance with the Statutory Declarations Act 1959.
(3) A person is a non-participating person for an eligible revenue period, subject to subsection 4(4), if:
(a) both:
(i) the person’s initial sales revenue for the eligible revenue period is less than $25 million; and
(ii) within the specified timeframe for the eligible revenue period, the person provides to the ACMA an eligible statutory declaration stating that the person’s initial sales revenue for the eligible revenue period was less than $25 million; or
(b) both:
(i) the person’s gross telecommunications sales revenue for the eligible revenue period is less than $25 million; and
(ii) within the specified timeframe for the eligible revenue period, the person provides to the ACMA an eligible statutory declaration stating that the person’s gross telecommunications sale revenue for the eligible revenue period was less than $25 million; or
(c) both:
(i) the person’s eligible revenue for the eligible revenue period is less than $25 million; and
(ii) within the specified timeframe for the eligible revenue period, the person provides to the ACMA an eligible statutory declaration stating that the person’s eligible revenue for the eligible revenue period was less than $25 million; or
(d) the following apply:
(i) the person is an externally-administered body corporate or is deregistered at the end of the specified timeframe;
(ii) the ACMA is reasonably satisfied that the requirements in subparagraphs 4(3)(a), 4(3)(b) or 4(3)(c) would have been met had an eligible statutory declaration been provided to the ACMA; and
(iii) an eligible statutory declaration was not provided by the person to the ACMA under subparagraph 4(3)(a)(ii), 4(3)(b)(ii) or 4(3)(c)(ii) within the specified timeframe.
(4) If a person has the same ultimate Australian parent entity as one or more other carriers (or carriage service providers, if a determination under paragraph 92(1)(b) of the Act is in force), then, for the purposes of calculating the following:
(a) initial sales revenue for the purposes of paragraph 4(3)(a) above;
(b) gross telecommunications sales revenue for the purposes of paragraph 4(3)(b) above; or
(c) eligible revenue for the purposes of paragraph 4(3)(c) above;
each carrier (or carriage service provider as applicable) must make the relevant calculations on a group basis, accounting for revenue and deductions as a whole.
5 Determination
If a person is a non-participating person for an eligible revenue period, the person is exempt from section 92 of the Act for that eligible revenue period.
