These regulations are the Telecommunications Operators (Commerce Commission Costs) Levy Regulations 2002.

These regulations come into force on the 28th day after the date of their notification in the Gazette.

These regulations apply to the financial year ending on 30 June 2002 and subsequent financial years.

In these regulations, unless the context otherwise requires,—

(1) Each person who is a telecommunications operator during all or part of a financial year must pay a levy for that financial year to the Minister.

(2) The levy—

• (a) must be initially calculated under regulation 7 on the basis of the estimated Commission costs for the financial year and of the most recent final TSO revenues and revenue amounts determined by the Commission; and

• (b) must be subsequently reconciled under regulation 9 against the levy that would have been payable on the basis of the actual Commission costs and of the final TSO revenues and revenue amounts for the financial year.

(3) However, there are modified transitional requirements under these regulations for the calculation of the levy for the financial year ending on 30 June 2002.

(1) The Minister must collect the levy in quarterly instalments.

(2) The due date for payment of each instalment is the 15th day after the beginning of each quarter.

(3) In addition, any shortfall included in the levy under regulation 9 must be collected by invoice. The due date for payment of that amount is the 15th day after the telecommunications operator receives the invoice.

(4) If a person becomes a telecommunications operator part way through a financial year, the telecommunications operator—

• (a) is liable to pay the levy for that financial year only after the Minister has made the calculation referred to in regulation 9(1); and

• (b) must pay the levy in accordance with subclause (3) as if it were a shortfall.

(5) For the levy for the financial year ending on 30 June 2002,—

• (a) subclauses (1) to (4) do not apply; and

• (b) the Minister must collect the levy in 1 instalment; and

• (c) the due date for that instalment is the 15th day after the telecommunications operator receives an invoice for the instalment.

(6) For the levy for the financial year ending on 30 June 2003,—

• (a) subclauses (1) to (3) do not apply; and

• (b) the Minister must collect the levy in 4 consecutive monthly instalments; and

• (c) the first instalment is due in the next month after notification of the amount of the levy to the telecommunications operator; and

• (d) each instalment is due on the 15th day of the month.

(1) The levy payable for a financial year by a telecommunications operator must initially be calculated by the Minister as follows:

(2) The levy for the financial year ending on 30 June 2002 must be calculated using the formula in subclause (1) except that, instead of the estimated Commission costs, the calculation must use the sum of—

• (a) the actual Commission costs referred to in regulation 9(2); and

• (b) the costs referred to in section 12(2) of the Act.

(1) The Minister must notify each telecommunications operator of the amount of its levy calculated under regulation 7 at least 7 days before the first instalment is due.

(2) For the levies for the financial years ending on 30 June 2002 and on 30 June 2003, the Minister must notify each telecommunications operator of the amount of each levy calculated under regulation 7 as soon as practicable after the final TSO revenues and revenue amounts for the year ending on 30 June 2002 have been determined.

(1) The Minister must, within 1 month after the Commission gives public notice of its final determination under section 90 of the Act for a financial year,—

• (a) reconcile the levy for each telecommunications operator for that financial year against the levy that would have been payable if the calculation under regulation 7 had used—

  • (i) the actual Commission costs for that financial year rather than the estimated Commission costs; and

  • (ii) the final TSO revenues and revenue amounts for that financial year rather than the most recent final TSO revenues and revenue amounts at the time of the initial calculation; and

• (b) notify the relevant telecommunications operator of the final annual amount of its levy on that basis; and

• (c) if there has been an over-recovery of the levy from a telecommunications operator, refund to the telecommunications operator the amount over-recovered from it; and

• (d) if there has been a shortfall in the levy charged to a telecommunications operator, invoice the telecommunications operator for the amount under-recovered from it, as part of the levy for that financial year.

(2) For the purposes of subclause (1), actual Commission costs for a financial year is the amount—

• (a) that is identified in the Commission's audited financial statements for that year as the cost to the Commission for, or in connection with, the performance and exercise of its functions, powers, and duties under the Act; but

• (b) that does not exceed the total amount appropriated for that year within Vote Communications for the Non-departmental output class that authorises expenses to be incurred for, or in connection with, the Commission's performance and exercise of its functions, powers, and duties under the Act; and

• (c) that does not include—

  • (i) any costs of the Commission in relation to a determination or application for a determination that are met by the parties to the determination under section 55 of the Act; and

  • (ii) costs of litigation incurred for, or in connection with, the Commission's performance and exercise of its functions, powers, and duties under the Act.

(3) No reconciliation is needed for the levy for the financial year ending on 30 June 2002.