Document ID: chunk:federal_register_of_legislation:C2020A00047:clause:4_98
Version: federal_register_of_legislation:C2020A00047
Segment Type: clause
Provision Reference: sch 4 cl 98
Character Range: 251612–254061

98  Charge offset certificate

Application
 (1) If:
 (a) a person is an eligible funding recipient; and
 (b) the ACMA has made an assessment under section 102 setting out the charge payable by the person for a financial year (the charge financial year);
the person may, at any time during the period:
 (c) beginning when the assessment was made; and
 (d) ending at the end of the standard due date (within the meaning of section 102D) for the charge financial year;
apply to the Secretary for the issue to the person of a charge offset certificate for the charge financial year.
 (2) An application under subsection (1) must:
 (a) be in writing; and
 (b) be in a form approved, in writing, by the Secretary; and
 (c) be accompanied by such information as is specified in rules made under subsection (9).

Issue of certificate
 (3) If:
 (a) an application under subsection (1) has been made for the issue to a person of a charge offset certificate for the charge financial year; and
 (b) the person is the holder of a nominal funding entitlement certificate in relation to the next financial year; and
 (c) rules made under subsection (9) for the purposes of this paragraph are in force; and
 (d) the conditions set out in those rules are satisfied;
the Secretary must:
 (e) issue a certificate stating that the person is entitled to a charge offset for the charge financial year equal to the amount specified in the certificate; and
 (f) do so by the end of 31 March next following the charge financial year.
 (4) The amount specified in the certificate:
 (a) must be the amount ascertained in accordance with rules made under subsection (9); and
 (b) must not exceed the nominal funding entitlement of the person for the next financial year; and
 (c) must not exceed the annual base amount of the person for the charge financial year.
 (5) A certificate issued under subsection (3) is to be known as a charge offset certificate.

Refusal
 (6) If the Secretary decides to refuse to issue a charge offset certificate to a person, the Secretary must give written notice of the decision to the person.

Copy of certificate
 (7) If the Secretary issues a charge offset certificate, the Secretary must give a copy of the certificate to the ACMA.

Charge offset certificate cannot be transferred
 (8) A charge offset certificate cannot be transferred.

Rules
 (9) The Minister may, by legislative instrument, make rules for the purposes of this section.