100Reporting obligations

100 Reporting obligations

(1) If there are one or more chargeable premises associated with a local access line of a person for a month in an eligible financial year, the person must: (a) give the ACMA a written report about: (i) those chargeable premises; and (ii) the chargeable premises (if any) associated with a local access line of the person for each of the other months in the financial year; and (b) do so before the end of 31 October next following the financial year. (2) The report must be in a form approved, in writing, by the ACMA. (3) The approved form may require verification, by a statutory declaration, of statements made in the report. (3A) If, at any time during a month covered by the report, the person had an associate in relation to control of: (a) a telecommunications network; or (b) a company; or (c) a local access line; the report must: (d) set out the name of the associate; and (e) set out the ACN (if any) of the associate; and (f) identify the network, company or line, as the case requires; and (g) identify which paragraph or paragraphs of subsection 152(1) of the Telecommunications Act 1997 resulted in the person having the associate. Transitional (4) If: (a) the report relates to: (i) the first eligible financial year; or (ii) the second eligible financial year; or (iii) the third eligible financial year; or (iv) the fourth eligible financial year; or (v) the fifth eligible financial year; and (b) there are one or more potentially concessional premises in relation to the person for a month in the eligible financial year; the report must set out the total number of potentially concessional premises in relation to the person for that month. (5) If: (a) particular premises are reported as potentially concessional premises in relation to the person for a month; and (b) apart from this subsection, the premises are not potentially concessional premises in relation to the person for the month; and (c) the person: (i) did not know; and (ii) could not, with reasonable diligence, have ascertained; that the premises are not potentially concessional premises in relation to the person for the month; the premises are taken, for all purposes, to be potentially concessional premises in relation to the person for the month. (6) If: (a) the report relates to: (i) the first eligible financial year; or (ii) the second eligible financial year; or (iii) the third eligible financial year; or (iv) the fourth eligible financial year; or (v) the fifth eligible financial year; and (b) during the whole or a part of a month in the eligible financial year, the person was the controller of an associated group; the report must: (c) set out a statement to that effect; and (d) identify each of the members of the associated group; and (e) set out the circumstances that resulted in the person being the controller of the associated group. Associated group (7) For the purposes of subsection (6), if: (a) a person is in a position to exercise control of: (i) a local access line; or (ii) a telecommunications network; and (b) the person has one or more associates; then: (c) the person is taken to belong to an associated group; and (d) the associated group consists of the person and those associates; and (e) the person is the controller of the associated group. (8) For the purposes of subsection (7), the question of whether a person is in a position to exercise control of: (a) a local access line; or (b) a telecommunications network; is to be determined in the same manner in which that question is determined for the purposes of Part 8 of the Telecommunications Act 1997. (9) For the purposes of subsection (7), the question of whether a person has one or more associates is to be determined in the same manner in which that question is determined for the purposes of Part 8 of the Telecommunications Act 1997. Transitional—recently connected greenfield premises (10) If: (a) the report relates to: (i) the first eligible financial year; or (ii) the second eligible financial year; or (iii) the third eligible financial year; or (iv) the fourth eligible financial year; or (v) the fifth eligible financial year; and (b) there are one or more recently connected greenfield premises in relation to the person for a month in the eligible financial year; the report must set out the total number of recently connected greenfield premises in relation to the person for that month. (11) If: (a) particular premises are reported as recently connected greenfield premises in relation to the person for a month; and (b) apart from this subsection, the premises are not recently connected greenfield premises in relation to the person for the month; and (c) the person: (i) did not know; and (ii) could not, with reasonable diligence, have ascertained; that the premises are not recently connected greenfield premises in relation to the person for the month; the premises are taken, for all purposes, to be recently connected greenfield premises in relation to the person for the month.