Document ID: chunk:federal_register_of_legislation:F2015L00842:reg:10:p1
Version: federal_register_of_legislation:F2015L00842
Segment Type: reg
Provision Reference: reg 10 (pt 1/2)
Character Range: 12246–15197

10  Meaning of inter‑person input payment
 (1) An amount is an inter‑person input payment if:
          (a) the amount is paid or payable by a participating person (the first participating person) for an act done by:
            (i) another participating person (the second participating person) or a non‑participating person; or
            (ii) a consolidated related party or a declared related party of the participating person or non‑participating person; and
          (b) the act allows the first participating person, or a consolidated related party or a declared related party of the first participating person, to provide a listed carriage service; and
          (c) either:
            (i) the second participating person is required to include the amount in the person's gross telecommunications sales revenue, and does so without deducting the amount under any of sections 23 to 28, 30 or 33; or
            (ii) the non‑participating person would have been required to include the amount in the person's gross telecommunications sales revenue, without deducting the amount under any of sections 23 to 28, 30 or 33, had the person been a participating person.
 (2) An amount is also an inter‑person input payment if:
          (a) the amount is paid or payable by a consolidated related party or a declared related party of a participating person (the first participating person) for an act done by:
            (i) another participating person (the second participating person) or a non‑participating person; or
            (ii) a consolidated related party or a declared related party of the second participating person or non‑participating person; and
          (b) the act allows the consolidated related party or declared related party that incurred the amount, or the first participating person, to provide a listed carriage service; and
          (c) either:
            (i) the second participating person is required to include the amount in the person's gross telecommunications sales revenue, and does so without deducting the amount under any of sections 23 to 28, 30 or 33; or
            (ii) the non‑participating person would have been required to include the amount in the person's gross telecommunications sales revenue, without deducting the amount under any of sections 23 to 28, 30 or 33, had the person been a participating person.
Note: Examples of inter‑person input payments include:
(a) a payment for interconnection; and
(b) a payment for a carriage or other service for which access has been declared under Part XIC of the Competition and Consumer Act 2010; and
(c) a payment for a carriage or other service bought on a wholesale basis; and
(d) a payment for a retail carriage or other service that a participating person buys from another participating person for the purpose of resale.
 (3) The ACMA may, in writing, declare that a specified amount is an inter‑person input payment of a participating person,