10Limit on total amount of levies

10 Limit on total amount of levies

(1) The total amount of the levies imposed on persons for a levy period must not exceed the sum of:

(a) the cost of the Opt‑out Register, during the levy period, set out in subsection (2), other than the ACMA’s upfront Opt‑out Register costs; and

(b) the costs incurred, during the levy period, by the ACMA in relation to the performance of its functions, or the exercise of its powers, under a Part 7D provision; and

(c) if the levy period is a designated levy period—the applicable percentage of the ACMA’s upfront Opt‑out Register costs (see subsection (3)).

(2) The cost of the Opt‑out Register, during a period, is the total of the following costs incurred during that period:

(a) the amounts paid by the ACMA (on behalf of the Commonwealth) to the Opt‑out Register operator under an Opt‑out Register arrangement;

(b) the costs incurred by the ACMA in managing an Opt‑out Register arrangement;

(c) the costs incurred by the ACMA in relation to:

(i) monitoring or promoting compliance with an Opt‑out Register provision; or

(ii) investigating whether persons have contravened an Opt‑out Register provision; or

(iii) taking action under the Regulatory Powers (Standard Provisions) Act 2014, so far as that Act relates to an Opt‑out Register provision;

(d) the costs incurred by the ACMA in relation to the performance of its functions, or the exercise of its powers, under:

(i) an Opt‑out Register provision; or

(ii) this Act;

(e) the costs incurred by the ACMA in relation to a procurement process that resulted in, or was intended to result in, the ACMA entering into an Opt‑out Register arrangement;

(f) any other costs incurred by the ACMA in relation to:

(i) preparing to establish, or the development of, the Wagering Advertising Opt‑out Register; or

(ii) the operation of the Wagering Advertising Opt‑out Register;

including any such costs incurred by the ACMA if there is no Opt‑out Register arrangement.

(3) The ACMA’s upfront Opt‑out Register costs are the costs set out in subsection (2), except paragraph (2)(c), that are incurred during the period:

(a) beginning on the commencement day; and

(b) ending on the day before the Opt‑out Register proclaimed start day (within the meaning of Part 7E of the Interactive Gambling Act 2001).