98Charge offset certificate

#### 98 Charge offset certificate Application (1) If: (a) a person is an eligible funding recipient; and (b) the ACMA has made an assessment under section 102 setting out the charge payable by the person for a financial year (the charge financial year); the person may, at any time during the period: (c) beginning when the assessment was made; and (d) ending at the end of the standard due date (within the meaning of section 102D) for the charge financial year; apply to the Secretary for the issue to the person of a charge offset certificate for the charge financial year. (2) An application under subsection (1) must: (a) be in writing; and (b) be in a form approved, in writing, by the Secretary; and (c) be accompanied by such information as is specified in rules made under subsection (9). Issue of certificate (3) If: (a) an application under subsection (1) has been made for the issue to a person of a charge offset certificate for the charge financial year; and (b) the person is the holder of a nominal funding entitlement certificate in relation to the next financial year; and (c) rules made under subsection (9) for the purposes of this paragraph are in force; and (d) the conditions set out in those rules are satisfied; the Secretary must: (e) issue a certificate stating that the person is entitled to a charge offset for the charge financial year equal to the amount specified in the certificate; and (f) do so by the end of 31 March next following the charge financial year. (4) The amount specified in the certificate: (a) must be the amount ascertained in accordance with rules made under subsection (9); and (b) must not exceed the nominal funding entitlement of the person for the next financial year; and (c) must not exceed the annual base amount of the person for the charge financial year. (5) A certificate issued under subsection (3) is to be known as a charge offset certificate. Refusal (6) If the Secretary decides to refuse to issue a charge offset certificate to a person, the Secretary must give written notice of the decision to the person. Copy of certificate (7) If the Secretary issues a charge offset certificate, the Secretary must give a copy of the certificate to the ACMA. Charge offset certificate cannot be transferred (8) A charge offset certificate cannot be transferred. Rules (9) The Minister may, by legislative instrument, make rules for the purposes of this section.