(1) The first step in working out a participating person’s eligible revenue for an eligible revenue period is to work out the participating person’s gross telecommunications sales revenue for that period.
(2) This Part sets out how the participating person’s gross telecommunications sales revenue for the eligible revenue period is worked out.
17 Initial sales revenue
(1) For each of the following entities, work out the entity’s sales revenue for the eligible revenue period using the sources mentioned in section 14:
(a) the participating person;
(b) each consolidated related party of the participating person (if any).
(2) For each declared related party of the participating person (if any):
(a) work out the declared related party’s sales revenue for the following period using the sources mentioned in section 14:
(i) if subsection 8(1) applies–the whole of the eligible revenue period; and
(ii) if subsection 8(2) applies–any part of the eligible revenue period during which it was a declared related party of the participating person; and
(b) multiply that amount by the declared related party factor for that party.
(3) Add the amounts worked out under subsection (2) (if any) to the amounts worked out under subsection (1).
(4) Subject to subsection (5), the result is the participating person’s initial sales revenue for the eligible revenue period.
(5) The ACMA may declare, in writing, that any of the following, in relation to a specified declared related party of a participating person, is not part of the participating person’s initial sales revenue:
(a) the whole of the declared related party’s sales revenue;
(b) a specified proportion of the declared related party’s sales revenue;
(c) a proportion of the declared related party’s sales revenue that is worked out in a specified way.
(6) The declaration may apply to more than one declared related party.
Note: See sections 40 and 41.
18 Non‑telecommunications sales revenue
(1) Deduct from the initial sales revenue any amount that:
(a) is non‑telecommunications sales revenue of the participating person or a consolidated related party of the participating person; and
(b) the participating person wants to deduct.
Note: For the meaning of non‑telecommunications sales revenue, see section 11.
(2) Also deduct any amount that:
(a) is non‑telecommunications sales revenue of a declared related party of the participating person; and
(b) is equal to the result of multiplying the whole amount of that revenue by the declared related party factor for that party; and
(c) the participating person wants to deduct.
(3) If the participating person wants to deduct an amount (a deductible amount) from the participating person’s initial sales revenue under this section, the deductible amount must not be more than the total amount (if any) received by the participating person, or a consolidated related party or declared related party of the participating person, in connection with the activity that created the deductible amount.
Note: For example, if the participating person supplies gas services at a price that includes a subsidy provided by the participating person, the net amount received by the participating person for the supply can be a deductible amount.
19 Other telecommunications sales revenue
(1) Add any amount of revenue that:
(a) is mentioned in the financial statements referred to in subsection 14(2) or, if applicable, sources mentioned in subsection 14(4); and
(b) could reasonably be described as telecommunications sales revenue of the participating person or a consolidated related party of the participating person; and
(c) has not been identified as initial sales revenue under section 17.
(2) Also add any amount of revenue that:
(a) is mentioned in the financial statements referred to in subsection 14(2) or, if applicable, sources mentioned in subsection 14(4); and
(b) could reasonably be described as telecommunications sales revenue of a declared related party of the participating person; and
(c) has not been identified as initial sales revenue under section 17; and
(d) is equal to the result of multiplying the whole amount of that telecommunications sales revenue by the declared related party factor for that party.
(3) The ACMA may declare, in writing, that any of the following is telecommunications sales revenue:
(a) the value of a specified benefit or service received by a specified entity;
(b) a specified proportion of the value of a benefit or service received by a specified entity;
(c) a proportion of the value of a benefit or service received by a specified entity that is worked out in a specified way.
(4) The declaration may apply to one or more participating persons, or consolidated related parties or declared related parties of a participating person (but not to all participating persons or parties).
(5) The declaration must state how the ACMA worked out:
(a) the value of any benefit or service specified in the declaration; or
(b) any proportion of the value of a benefit or service specified in the declaration.
Note: See sections 40 and 41.
(6) Also add any amount that the ACMA declares to be telecommunications sales revenue under subsection (3).
20 Revenue before person becomes carrier, participating carriage service provider or prescribed participating person
(1) Deduct any amount of revenue that:
(a) is telecommunications sales revenue that was earned by the participating person or a consolidated related party of the participating person at any time in the period, occurring during the eligible revenue period, before the day on which the participating person became:
(i) a carrier; or
(ii) a participating carriage service provider; or
(iii) a prescribed participating person; and
(b) the participating person wants to deduct.
(2) Also deduct any amount of revenue that:
(a) is telecommunications sales revenue that was earned by a declared related party of the participating person at any time in the period, occurring during the eligible revenue period, before the day on which the participating person became:
(i) a carrier; or
(ii) a participating carriage service provider; or
(iii) a prescribed participating person; and
(b) is equal to the result of multiplying the whole amount of that revenue by the declared related party factor for that party; and
(c) the participating person wants to deduct.
(3) However, the participating person may not use subsection (1) or (2) to deduct:
(a) an amount that was earned before the day on which the person became a carrier, a participating carriage service provider or a prescribed participating person if the amount relates to an activity in the telecommunications industry that, by law, was required to be performed on or after that day; or
(b) an amount that was earned by a consolidated related party of the participating person during the first-mentioned period in paragraph (1)(a) in which the consolidated related party was a carrier, a participating carriage service provider or a prescribed participating person.
21 Revenue after person ceases to be carrier, participating carriage service provider or prescribed participating person
(1) Deduct any amount of revenue that:
(a) is telecommunications sales revenue that was earned by the participating person or a consolidated related party of the participating person at any time in the period, occurring during the eligible revenue period, after the day on which the participating person ceased being:
(i) a carrier; or
(ii) a participating carriage service provider; or
(iii) a prescribed participating person; and
(b) the participating person wants to deduct.
(2) Also deduct any amount of revenue that:
(a) is telecommunications sales revenue that was earned by a declared related party of the participating person at any time in the period, occurring during the eligible revenue period, after the day on which the participating person ceased being:
(i) a carrier; or
(ii) a participating carriage service provider; or
(iii) a prescribed participating person; and
(b) is equal to the result of multiplying the whole amount of that revenue by the declared related party factor for that party; and
(c) the participating person wants to deduct.
(3) However, the participating person may not use subsection (1) or (2) to deduct:
(a) an amount that was earned after the day on which the person ceased being a carrier, a participating carriage service provider or a prescribed participating person if the amount relates to an activity in the telecommunications industry that, by law, was required to be performed on or before that day; or
(b) an amount that was earned by a consolidated related party of a participating person during the first-mentioned period in paragraph (1)(a) in which the consolidated related party was a carrier, participating carriage service provider or a prescribed participating person.
22 Declarations about revenue
(1) The ACMA may declare, in writing, that any of the following is part of a specified participating person’s gross telecommunications sales revenue for an eligible revenue period:
(a) a specified amount;
(b) the value of a specified benefit or service.
(2) The declaration must also state how the ACMA worked out the value of any benefit or service specified in the declaration.
(3) The declaration may apply to more than one participating person (but not to all participating persons).
Note: See sections 40 and 41.
23 Gross telecommunications sales revenue
The result of adding any amounts identified under sections 19 and 22 to the amount identified under section 17, and subtracting any amounts identified under sections 18, 20 and 21, is the participating person’s gross telecommunications sales revenue for the eligible revenue period.