Document ID: chunk:federal_register_of_legislation:C2004A01201:clause:5_94a
Version: federal_register_of_legislation:C2004A01201
Segment Type: clause
Provision Reference: sch 5 cl 94A
Character Range: 11152–12363

94A  Who is a participating person?

 (1) For the purposes of this Part, a person is a participating person for a quarter if:
 (a) the person was a carrier at any time during the quarter; or
 (b) the Minister makes a written determination that carriage service providers are participating persons for the quarter and the person was a carriage service provider at any time during the quarter.

 (2) However, a person is not a participating person for a quarter if:
 (a) the person's gross telecommunications revenue for the eligible revenue period to which the most recent eligible revenue assessment relates is less than the amount determined in writing by the Minister for the purposes of this paragraph; or
 (b) the person is of a kind, determined in writing by the Minister for the purposes of this paragraph, to be exempt from this section.

 (3) A determination made for the purposes of paragraph (1)(b), or paragraph (2)(a) or (b), is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.

 (4) In this section:

gross telecommunications revenue for an eligible revenue period has the meaning given by the determination made for the purposes of paragraph (2)(a).