Plain language law

New Zealand law explained for everyone

Telecommunications Act 2001

Preliminary - Commerce Commission - Levy

12: Levy for appropriation period beginning 1 July 2018

You could also call this:

"A special charge for phone and internet companies starting 1 July 2018 to help the Commission do its job."

Illustration for Telecommunications Act 2001

You need to know about a levy that started on 1 July 2018. This levy is for service providers, and they must pay it to the Minister. The levy is for the Commission to do its job, which includes things like preparing for and doing its functions and duties under Parts 2AA, 6, and 7 of the Telecommunications Act 2001, and preparing for and exercising its powers under those parts. The Governor-General can make regulations about the levy, including how much it is, how it is calculated, and who has to pay it. You can find more information about regulations in Part 3 of the Legislation Act 2019, which you can read about by following the link to the Legislation Act 2019. The Minister must make sure that service providers do not have to pay the levy twice for the same thing.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM125758.

Topics:
Money and consumer rights > TaxesBusiness > Industry rules
Previous

11: Levy, or

"Service providers must pay a fee, called a levy, to help fund the work of the Telecommunications Commission."

Next

13: Minister must consult before making recommendation under section 11(3) or section 12(4), or

"The Minister must talk to others before making a decision about some rules."

Part 1Preliminary
Commerce Commission: Levy

12Levy for appropriation period beginning 1 July 2018

  1. Repealed

  2. Repealed

  3. Repealed

  4. Every service provider, or class of service providers, specified in regulations made under subsection (4) must pay to the Minister, for the appropriation period beginning on 1 July 2018, a levy of an amount stated in, or calculated or set or reset in accordance with, those regulations for, or in connection with,—

  5. the preparation of the performance of, and the performance of, the Commission’s functions and duties under Parts 2AA, 6, and 7; and
    1. the preparation of the exercise of, and the exercise of, the Commission’s powers under Parts 2AA, 6, and 7.

      1. Subsection (3A) applies irrespective of whether that subsection, and the regulations made under subsection (4), come into effect before, on, or after 1 July 2018.

      2. The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations—

      3. specifying the amount of levy payable under this section:
        1. providing for the method by which the levy will be calculated:
          1. specifying the criteria and other requirements by and against which the levy will be set or reset:
            1. specifying the first appropriation period or part appropriation period to which the levy applies:
              1. providing for the payment and collection of the levy:
                1. exempting any service provider or class of service providers from paying the levy under this section:
                  1. providing for waivers or refunds of the whole or any part of any levy paid by any service provider or class of service providers under this section.

                    1. The Minister must not recommend that regulations be made under this section unless the Minister is satisfied that the levy will not require a service provider, or a class of service providers, to pay a levy in respect of the same period under both this section and section 11 for, or in connection with,—

                    2. the performance of the Commission’s functions and duties under Parts 2AA, 6, and 7; or
                      1. the exercise of the Commission’s powers under Parts 2AA, 6, and 7.

                        1. Regulations under this section are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

                        Notes
                        • Section 12 heading: replaced, on , by section 19(1) of the Telecommunications (New Regulatory Framework) Amendment Act 2018 (2018 No 48).
                        • Section 12(1): repealed, on , by section 19(2) of the Telecommunications (New Regulatory Framework) Amendment Act 2018 (2018 No 48).
                        • Section 12(2): repealed, on , by section 19(2) of the Telecommunications (New Regulatory Framework) Amendment Act 2018 (2018 No 48).
                        • Section 12(3): repealed, on , by section 19(2) of the Telecommunications (New Regulatory Framework) Amendment Act 2018 (2018 No 48).
                        • Section 12(3A): inserted, on , by section 19(3) of the Telecommunications (New Regulatory Framework) Amendment Act 2018 (2018 No 48).
                        • Section 12(3B): inserted, on , by section 19(3) of the Telecommunications (New Regulatory Framework) Amendment Act 2018 (2018 No 48).
                        • Section 12(4)(d): amended, on , by section 19(4) of the Telecommunications (New Regulatory Framework) Amendment Act 2018 (2018 No 48).
                        • Section 12(5): inserted, on , by section 19(5) of the Telecommunications (New Regulatory Framework) Amendment Act 2018 (2018 No 48).
                        • Section 12(6): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).