Document ID: chunk:federal_register_of_legislation:C2004A00735:clause:1_17:p1
Version: federal_register_of_legislation:C2004A00735
Segment Type: clause
Provision Reference: sch 1 cl 17 (pt 1/2)
Character Range: 110157–112790

17  Digital data cost of a digital data service provider for a claim period

 (1) A person's digital data cost for a claim period depends on which of the following paragraphs is applicable for that claim period:
 (a) if:
 (i) the person is a digital data service provider for that claim period; and
 (ii) a determination is in force under subsection (4) in relation to that claim period;
  the person's digital data cost for the claim period is worked out in accordance with the determination;
 (b) if:
 (i) the person is a digital data service provider for that claim period; and
 (ii) no determination is in force under subsection (4) in relation to that claim period;
  then:
 (iii) if the amount worked out using the formula in subsection (2) is greater than zero—the person's digital data cost for the claim period is equal to that amount; or
 (iv) if the amount worked out using the formula in subsection (2) is not greater than zero—the person's digital data cost for the claim period is zero.

Note: The digital data cost is needed for the purposes of making a claim for levy credit for a claim period (see section 20J).

 (2) The formula referred to in paragraph (1)(b) is as follows:
where:

customer charges means the total amount payable by persons in the area referred to in subsection (3) by way of charges for the supply by the person during the claim period of customer equipment covered by paragraph (3)(a).

customer equipment costs means the person's customer equipment costs for the claim period.

supplementary amount means the amount (if any) specified in, or ascertained in accordance with, regulations made for the purposes of this definition.

 (3) For the purposes of this section, if a person is a digital data service provider for an area for a claim period, the person's customer equipment costs for the claim period is an amount equal to the sum of:
 (a) the total costs incurred by the person in acquiring customer equipment that:
 (i) is covered by a determination that was in force under section 19A during the claim period in relation to charges imposed, or proposed to be imposed, by the person for the supply of customer equipment of a kind specified in regulations made for the purposes of paragraph 10F(1)(a) or 10G(1)(a); and
 (ii) was supplied by the person during the claim period to persons in the area; and
 (b) the total rebates that became payable during the claim period by the person, in accordance with regulations made for the purposes of subsection 10D(1), in respect of customer equipment acquired or hired by persons in the area.

 (4) The Minister may make a written determination