Document ID: chunk:federal_register_of_legislation:F2015L00842:reg:5:p2
Version: federal_register_of_legislation:F2015L00842
Segment Type: reg
Provision Reference: reg 5 (pt 2/3)
Character Range: 5496–8526

whom a determination under paragraph 44(1)(b) of the Act is in force.
subscription broadcasting service has the meaning given by the Broadcasting Services Act 1992.
Telecommunications Act means the Telecommunications Act 1997.
telecommunications industry has the meaning given by the Telecommunications Act.
telecommunications sales revenue:
          (a) means sales revenue earned from an activity in the telecommunications industry; but
       (b) does not include:
            (i) an amount payable under a contract entered into under section 14 of the Act; or
            (ii) a grant under section 14 of the Act.
ultimate Australian parent entity, of a participating person or a non‑participating person, means an entity described in that way:
       (a) under accounting methods commonly used in Australia; and
          (b) in the financial statements in which the revenue of the participating person or non‑participating person is reported.
Note: Several other words and expressions used in this determination have the meaning given by the Act, including:
(a) eligible revenue;
(b) eligible revenue period; and
(c) participating person.

6 Meaning of declared related party—participating person
 (1) An entity is a declared related party of a participating person for the whole of an eligible revenue period if the entity:
          (a) is not:
            (i) a participating person; or
            (ii) a consolidated related party of a participating person; and
          (b) is owned, at any time during the eligible revenue period, by a body that owns the participating person at any time during the eligible revenue period; and
          (c) has telecommunications sales revenue in Australia at any time during the eligible revenue period.
 (2) An entity is a declared related party of a participating person for any part of an eligible revenue period during which the entity:
          (a) is not:
            (i) a carrier; or
            (ii) a consolidated related party of a participating person; or
            (iii) a participating carriage service provider; and
          (b) is owned by a body that owns the participating person at any time during the eligible revenue period; and
          (c) has telecommunications sales revenue in Australia.
 (3) For subsections (1) and (2):
 (a) a body owns a declared related party or a participating person if the body has company interests of more than 49% in the declared related party or participating person; and
 (b) company interests may be traced in the same way as company interests may be traced for Part 4 of Schedule 1 to the Broadcasting Services Act 1992.

7 Meaning of declared related party—non‑participating person
 (1) An entity is a declared related party of a non‑participating person for the whole of an eligible revenue period if the entity:
          (a) is not:
            (i) a participating person; or
            (ii) a consolidated related party of a participating person or a non‑participating person; and
          (b) is owned, at any