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Telecommunications Universal Service Management Agency Bill 2011

Part 5 Telecommunications Universal Service Special Account

   

84   Telecommunications Universal Service Special Account

             (1)  The Telecommunications Universal Service Special Account is established by this section.

             (2)  The Account is a Special Account for the purposes of the Financial Management and Accountability Act 1997 .

             (3)  The Account is to be administered by TUSMA.

85   Credits to the Account

                   There must be credited to the Telecommunications Universal Service Special Account:

                     (a)  an amount equal to an amount paid to the Commonwealth by way of levy; and

                     (b)  an amount equal to an amount paid to the Commonwealth under a section 13 contract; and

                     (c)  an amount equal to an amount paid to the Commonwealth by way of damages or compensation for a breach of a section 13 contract; and

                     (d)  an amount equal to an amount paid to the Commonwealth by way of the repayment of the whole or a part of a section 13 grant.

Note:          An Appropriation Act may contain a provision to the effect that, if any of the purposes of a Special Account is a purpose that is covered by an item in the Appropriation Act (whether or not the item expressly refers to the Special Account), then amounts may be debited against the appropriation for that item and credited to that Special Account.

86   Purposes of the Account

                   The purposes of Telecommunications Universal Service Special Account are as follows:

                     (a)  to pay amounts payable by the Commonwealth under a contract entered into under section 13;

                     (b)  to make grants under section 13;

                     (c)  to pay the administrative costs of TUSMA;

                     (d)  to make distributions in accordance with section 87;

                     (e)  to pay refunds under section 111.

Note:          See section 21 of the Financial Management and Accountability Act 1997 (debits from Special Accounts).

87   Distribution of remaining balance of the Account

             (1)  TUSMA may distribute to persons who are or were participating persons any balance standing to the credit of the Telecommunications Universal Service Special Account that remains after all payments payable by TUSMA or the Commonwealth, in respect of debits from the Account for an eligible levy period, have been paid.

             (2)  The Minister may, by legislative instrument, determine rules for making those distributions.

             (3)  TUSMA must comply with any rules determined under subsection (2).