Document ID: chunk:federal_register_of_legislation:C2004A00735:clause:1_10d
Version: federal_register_of_legislation:C2004A00735
Segment Type: clause
Provision Reference: sch 1 cl 10D
Character Range: 21037–22367

10D  Rebate system

 (1) The regulations may provide that:
 (a) an obligation that arises under subsection 10A(2) in relation to particular customer equipment the supply of which is treated under subsection 10F(1) as the supply of a general digital data service; or
 (b) an obligation that arises under subsection 10B(2) in relation to particular customer equipment the supply of which is treated under subsection 10G(1) as the supply of a special digital data service;
is taken to have been fulfilled by a person (so far as the obligation relates to a particular customer) if:
 (c) the customer acquires or hires the equipment from a third person; and
 (d) the customer is entitled to a rebate from the first‑mentioned person in respect of that acquisition or hire; and
 (e) the amount of the rebate is equal to the amount ascertained in accordance with the regulations; and
 (f) the liability to pay the rebate has been discharged; and
 (g) the entitlement to the rebate complies with such requirements, restrictions and conditions (if any) as are specified in the regulations.

 (2) Regulations made for the purposes of paragraph (1)(g) may require that the customer be given the option of assigning the customer's right to the rebate to the third person.

 (3) Subsection (2) does not, by implication, limit subsection (1).