Financial Framework Legislation Amendment Act 2005 (8 of 2005)

Schedule 1   Amendments relating to the Financial Management Legislation Amendment Act 1999 and Special Accounts

Part 2   Special Accounts and references to paid to the Consolidated Revenue Fund

Telecommunications (Consumer Protection and Service Standards) Act 1999

433   Section 21C

Repeal the section, substitute:

21C Levy distribution

(1) If a person has a levy credit balance for a claim period because of section 20T, an amount equal to the amount of that balance is payable to the person by the Commonwealth. The Universal Service Account is debited accordingly.

(2) No amount is payable under subsection (1) for a claim period unless and until the ACA has made an assessment under section 20U for that claim period.

(3) If the total of the amounts payable to persons under subsection (1) is more than the balance of the Universal Service Account, after paying any refunds that are due under section 20ZE, the ACA must:

(a) work out the amount payable to each person as a proportion of the total amounts payable; and

(b) ensure that any payments by the Commonwealth in respect of amounts standing to the credit of the Universal Service Account are made in accordance with those proportions (rounding amounts to whole dollars as the ACA considers appropriate).

(4) However, if the Minister determines in writing a different method for making payments by the Commonwealth in respect of amounts standing to the credit of the Universal Service Account than the method provided in subsection (3), the ACA must act in accordance with that determination.

(5) A determination under subsection (4) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.

(6) A person's levy credit balance for the claim period is reduced by the amount (worked out under this section) that is paid to the person.

(7) This section continues to apply until each person's levy credit balance for the period is reduced to nil.