101Regulations

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

2. determine the amount of the minimum telecommunications revenue for the purposes of section 80:
3. prescribe the information that must be provided to the Commission under section 83(1)(a):
4. provide for the appointment of auditors who may make an auditor's report under section 83(1)(b) or 94D(1)(b):
5. prescribe requirements to which section 94D(1)(b)(i) applies:
6. prescribe requirements to which section 94EA(2)(b)(i) applies:
7. provide for any methods for all or any of the following:
   1. preparing a draft determination of the amount of qualified revenue referred to in section 85(1)(a):
   2. determining the amount of qualified revenue referred to in section 88(a):
   3. calculating the net cost under section 94D:
   4. calculating the net revenue under section 94EA:
   5. preparing a draft determination of the net cost referred to in section 94G(a):
   6. determining the net cost referred to in section 94K(1)(a).

8. The Minister must not make a recommendation under subsection (1)(b) to (e) unless—

9. the Commission has consulted every liable person; and
10. the Commission has recommended that the regulations be made.

11. The Minister must not recommend the making of regulations under subsection (1)(a) unless the Minister is satisfied that, if the regulations were made, the minimum telecommunications revenue under those regulations would not exceed the maximum telecommunications revenue threshold.

12. In this section, maximum telecommunications revenue threshold means the amount calculated in accordance with the following formula:

    Where:

    • a a

      is the CPI index number for the last quarter before the Minister's recommendation would be made

    • b b

      is the CPI index number for the last quarter before the date of commencement of the Telecommunications (TSO, Broadband, and Other Matters) Amendment Act 2011

    • c c

      is $10 million.

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