Document ID: chunk:federal_register_of_legislation:C2020A00048:section:13
Version: federal_register_of_legislation:C2020A00048
Segment Type: section
Provision Reference: s 13
Character Range: 10205–12529

13  Advice by the ACCC about base component
 (1) The ACCC:
 (a) may give advice to the Minister in relation to the exercise of the Minister's power under subsection 12(4); and
 (b) must do so:
 (i) at least once during the 5‑year period beginning at the commencement of this section; and
 (ii) at least once during each subsequent 5‑year period.
 (2) In giving advice under subsection (1), the ACCC:
 (a) must have regard to the principle set out in subsection (3); and
 (b) may have regard to such other matters (if any) as the ACCC considers relevant.
 (3) The principle mentioned in paragraph (2)(a) is that amounts received by the Commonwealth by way of so much of charge imposed under this Act as is attributable to the annual base amount should be sufficient, over time, to offset reasonable losses incurred by eligible funding recipients in relation to:
 (a) the connection of premises to a telecommunications network in order that a carriage service provider can provide:
 (i) fixed wireless broadband services to an end‑user at the premises; or
 (ii) satellite broadband services to an end‑user at the premises; or
 (b) the supply of eligible services to a carriage service provider in order that the carriage service provider can provide:
 (i) fixed wireless broadband services to an end‑user at premises; or
 (ii) satellite broadband services to an end‑user at premises; or
 (c) facilities that are used, or proposed to be used, to supply:
 (i) fixed wireless broadband services; or
 (ii) satellite broadband services; or
 (d) a matter that is incidental or ancillary to a matter mentioned in paragraph (a), (b) or (c).
 (4) For the purposes of subsection (3), it is immaterial whether losses were incurred before or after the commencement of this section.
 (5) In giving advice under subsection (1), the ACCC must assume that Division 6 of Part 3 of the Telecommunications (Consumer Protection and Service Standards) Act 1999 had not been enacted.
Note: That Division deals with charge offset certificates.
 (6) To avoid doubt, the use of the word "Regional" in:
 (a) the short title of this Act; or
 (b) the name of the Regional Broadband Scheme Special Account; or
 (c) section 92A of the Telecommunications (Consumer Protection and Service Standards) Act 1999;
does not limit subsection (3) of this section.