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Telecommunications Act 2001

Telecommunications service obligations - Amounts payable by liable persons to the Crown - Amount of revenue received by liable persons in relation to TSO instrument

85A: Certain revenue from broadcasting services must be excluded from qualified revenue

You could also call this:

"Some broadcasting money is not included when working out total earnings."

Illustration for Telecommunications Act 2001

When you are working out how much money a liable person has made from certain services, you must not include some types of revenue. You must exclude money made from broadcasting services that are free for people to use, like free-to-air radio or television. You also must exclude money made from other broadcasting services before 1 July 2020.

The Commission will decide how to work out which money to exclude, and they may say how to split the money if it is made from more than one service. They can make rules about how to do this, and these rules can include how to apportion revenue. This is part of the Telecommunications Act 2001, and you can find more information about changes to this act, such as the Telecommunications (New Regulatory Framework) Amendment Act 2018, which was used to insert this provision.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS131140.

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Part 3Telecommunications service obligations
Amounts payable by liable persons to the Crown: Amount of revenue received by liable persons in relation to TSO instrument

85ACertain revenue from broadcasting services must be excluded from qualified revenue

  1. For the purposes of this subpart, the amount of a liable person’s qualified revenue must exclude the following amounts (as determined in accordance with any specifications set by the Commission):

  2. any amount of revenue that is received by a liable person in relation to a broadcasting service that is supplied to end-users free of charge (for example, revenue derived from a free-to-air radio or television service):
    1. any amount of revenue that is received before 1 July 2020 by a liable person in relation to any other broadcasting service.

      1. The specifications set by the Commission may (without limitation) provide for the apportionment of any amount of revenue if the amount is received in connection with a service referred to in subsection (1) and 1 or more other services.

      Notes
      • Section 85A: inserted, on , by section 10 of the Telecommunications (New Regulatory Framework) Amendment Act 2018 (2018 No 48).