Document ID: chunk:federal_register_of_legislation:C2004A00687:clause:1_70:p1
Version: federal_register_of_legislation:C2004A00687
Segment Type: clause
Provision Reference: sch 1 cl 70 (pt 1/2)
Character Range: 22807–25331

70  After subsection 57(1)
Insert:

 (1A) The Minister may make a written determination specifying:
 (a) an amount that is to be the net universal service cost for a specified person, or for each person in a specified class, for a specified financial year to which subsection (1) applies; or
 (b) a method for working out the net universal service cost for a specified person, or for each person in a specified class, for a specified financial year to which subsection (1) applies.

Note 1: In providing the Minister with advice about the specification of an amount or method in a determination proposed to be made under this subsection, the ACA must not take into account any grant that has been or may be made to a person under section 56 or 57 of the Telstra Corporation Act 1991—see section 61AA.

Note 2: The Minister is obliged to get advice from the ACA about proposed determinations and some variations of determinations—see subsection (1F).

 (1B) A determination under subsection (1A) may be expressed to cover a single financial year or up to 3 successive financial years. In relation to the year, or each of the years, it purports to cover:
 (a) it has effect for the year whether it was made before or during the year, or (subject to paragraph (b)) after the end of the year; but
 (b) it does not have effect for the year and a particular person if it was made after the making of an assessment under section 64 covering the financial year and the person.

 (1C) The amount specified in, or worked out under, a determination under subsection (1A) may be zero dollars.

 (1D) A copy of a determination under subsection (1A) must be published in the Gazette.

 (1E) If a determination under subsection (1A) is varied or revoked, the following paragraphs apply:
 (a) in the case of a variation:
 (i) the variation has effect, for the year or each of the years to which it purports to apply, whether it was made before or during the year, or (subject to subparagraph (ii)) after the end of the year; but
 (ii) it does not have effect for a year and a particular person if it was made after the making of an assessment under section 64 covering the financial year and the person; and
 (b) in the case of a revocation:
 (i) the revocation has effect in relation to the year or each of the years covered by the determination, whether the revocation was made before or during the year, or (subject to subparagraph (ii)) after the end of the year; but
 (ii) it does not have effect in relation to a year and a particular