(1) After working out the participating person’s gross telecommunications sales revenue for the eligible revenue period, the next step is to work out the participating person’s net telecommunications sales revenue for that period by deducting amounts from the gross telecommunications sales revenue.
(2) This Part sets out how the participating person’s net telecommunications sales revenue for the eligible revenue period is worked out.
25 Deductions—overseas activities
(1) Deduct each 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, from overseas activities; and
(b) is part of the participating person’s gross telecommunications sales revenue; and
(c) the participating person wants to deduct.
(2) Also deduct each amount of revenue that:
(a) is telecommunications sales revenue that was earned by a declared related party of the participating person from overseas activities; 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) is part of the participating person’s gross telecommunications sales revenue; and
(d) the participating person wants to deduct.
(3) However, the participating person may not use subsection (1) or (2) to deduct an amount earned from supplying to or from Australia a carriage service mentioned in paragraph 16(1)(b) or (c) of the Telecommunications Act.
(4) In this section:
overseas activities means any of the following acts that were carried out outside Australia:
(a) supplying a carriage service, in a place outside Australia, that originates and terminates outside Australia;
(b) supplying goods or services, in a place outside Australia, for use in connection with a carriage service that originates and terminates outside Australia;
(c) supplying a content service, in a place outside Australia, using a carriage service that originates and terminates outside Australia;
(d) manufacturing customer equipment or customer cabling in a place outside Australia;
(e) importing, into a place outside Australia, customer equipment or customer cabling that is manufactured in a place outside Australia;
(f) installing, maintaining, operating or providing access to a telecommunications network, or a facility, that:
(i) is located in a place outside Australia; and
(ii) is used to supply a carriage service that originates and terminates outside Australia.
Note: An example of revenue earned from overseas activities is revenue earned from calls made using a global roaming service that originate and terminate outside Australia.
26 Deductions—acts in Australia for overseas services
(1) Deduct each 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, from an act carried out:
(i) in Australia; and
(ii) solely for the purposes of the supply of a carriage service, in a place outside Australia, that originates and terminates outside Australia; and
(b) is part of the participating person’s gross telecommunications sales revenue; and
(c) the participating person wants to deduct.
(2) Also deduct each amount of revenue that:
(a) is telecommunications sales revenue that was earned by a declared related party of the participating person from an act carried out:
(i) in Australia; and
(ii) solely for the purposes of the supply of a carriage service, in a place outside Australia, that originates and terminates outside Australia; 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) is part of the participating person’s gross telecommunications sales revenue; and
(d) the participating person wants to deduct.
(3) However, the participating person may not use subsection (1) or (2) to deduct an amount earned from supplying to or from Australia a carriage service mentioned in paragraph 16(1)(b) or (c) of the Telecommunications Act.
Note: An example of revenue under paragraphs (1)(a) and (2)(a) is revenue from providing in Australia management, switching or transit carriage services for a carriage service originating and terminating outside Australia.
27 Deductions—customer equipment
(1) Deduct each 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, from:
(i) selling, installing, insuring, repairing or maintaining customer equipment; or
(ii) renting customer equipment to a customer; and
(b) is part of the participating person’s gross telecommunications sales revenue; and
(c) the participating person wants to deduct.
(2) Also deduct each amount of revenue that:
(a) is telecommunications sales revenue that was earned by a declared related party of the participating person from:
(i) selling, installing, insuring, repairing or maintaining customer equipment; or
(ii) renting customer equipment to a customer; 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) is part of the participating person’s gross telecommunications sales revenue; and
(d) the participating person wants to deduct.
28 Deductions—content services
(1) Deduct each 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, for the content of a content service; and
(b) is part of the participating person’s gross telecommunications sales revenue; and
(c) the participating person wants to deduct.
Note: Examples of revenue under paragraph (1)(a) include:
(a) revenue earned from a program, including a program broadcast on a subscription broadcasting service; and
(b) revenue earned from a message on a 190 telephone service.
(2) Also deduct each amount of revenue that:
(a) is telecommunications sales revenue that was earned by a declared related party of the participating person for the content of a content service; 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) is part of the participating person’s gross telecommunications sales revenue; and
(d) the participating person wants to deduct.
(3) However, the participating person may not use subsection (1) or (2) to deduct an amount earned from carrying a content service.
29 Deductions—exempt base station
(1) Deduct each 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, from the use of an exempt base station; and
(b) is part of the participating person’s gross telecommunications sales revenue; and
(c) the participating person wants to deduct.
Note: See subsection 34(2) of the Telecommunications Act for when a base station is an exempt base station.
(2) Also deduct each amount of revenue that:
(a) is telecommunications sales revenue that was earned by a declared related party of the participating person from the use of an exempt base station; 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) is part of the participating person’s gross telecommunications sales revenue; and
(d) the participating person wants to deduct.
30 Deductions—infrastructure revenue
(1) Deduct each 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, from:
(i) the construction or installation of the infrastructure of a telecommunications network on the network side of the boundary of a telecommunications network; or
(ii) the management of the construction or installation of the infrastructure of a telecommunications network on the network side of the boundary of a telecommunications network; and
(b) is part of the participating person’s gross telecommunications sales revenue; and
(c) the participating person wants to deduct.
(2) Also deduct each amount of revenue that:
(a) is telecommunications sales revenue that was earned by a declared related party of the participating person from:
(i) the construction or installation of the infrastructure of a telecommunications network on the network side of the boundary of a telecommunications network; or
(ii) the management of the construction or installation of the infrastructure of a telecommunications network on the network side of the boundary of a telecommunications network; 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) is part of the participating person’s gross telecommunications sales revenue; and
(d) the participating person wants to deduct.
(3) Also deduct each 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, from:
(i) the maintenance of the infrastructure of a telecommunications network on the network side of the boundary of a telecommunications network; or
(ii) the management of the maintenance of the infrastructure of a telecommunications network on the network side of the boundary of a telecommunications network; and
(b) is part of the participating person’s gross telecommunications sales revenue; and
(c) the participating person wants to deduct.
(4) Also deduct each amount of revenue that:
(a) is telecommunications sales revenue that was earned by a declared related party of the participating person from:
(i) the maintenance of the infrastructure of a telecommunications network on the network side of the boundary of a telecommunications network; or
(ii) the management of the maintenance of the infrastructure of a telecommunications network on the network side of the boundary of a telecommunications network; 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) is part of the participating person’s gross telecommunications sales revenue; and
(d) the participating person wants to deduct.
31 Deductions—inter‑person input payments
(1) Deduct an amount equal to each inter‑person input payment that:
(a) is made by the participating person (the first participating person), or a consolidated related party of the first participating person to:
(i) another participating person (the second participating person), or a consolidated related party or declared related party of the second participating person; or
(ii) a non‑participating person, or a consolidated related party or declared related party of the non-participating person; and
(b) is made while:
(i) in the case of subparagraph (a)(i)–the first participating person and the second participating person are each a carrier, a participating carriage service provider or a prescribed participating person; or
(ii) in the case of subparagraph (a)(ii)–the first participating person and the non-participating person are each a carrier, a participating carriage service provider or a prescribed participating person; and
(c) the first participating person wants to deduct.
(2) Also deduct an amount in relation to each inter‑person input payment that:
(a) is made by a declared related party of the participating person (the first participating person) to:
(i) another participating person (the second participating person), or a consolidated related party or declared related party of the second participating person; or
(ii) a non‑participating person, or a consolidated related party or declared related party of the non-participating person; and
(b) is made while:
(i) in the case of subparagraph (a)(i)–the first participating person and the second participating person are each a carrier, a participating carriage service provider or a prescribed participating person; or
(ii) in the case of subparagraph (a)(ii)–the first participating person and the non-participating person are each a carrier, a participating carriage service provider or a prescribed participating person; and
(c) is equal to the result of multiplying the inter-person input payment by the declared related party factor for that party; and
(d) the first participating person wants to deduct.
32 Other input amounts
(1) The ACMA may declare, in writing, that a specified amount paid or payable by a specified participating person, or a specified consolidated related party or declared related party of a participating person, to allow the participating person to provide a telecommunications good or service (other than an inter‑person input payment) is an input amount.
(2) The declaration may apply to more than one participating person, consolidated related party or declared related party (but not to all participating persons or parties).
Note: See sections 40 and 41.
(3) A participating person to which the declaration applies may deduct an amount that is an input amount, in relation to that participating person, under the declaration.
33 Limit on deductions
(1) If a participating person wants to deduct an amount (a deductible amount) from the participating person’s gross telecommunications sales revenue under any of sections 25 to 30, 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 sells customer equipment at a price that includes a subsidy provided by the participating person, the net amount received by the participating person for the sale can be a deductible amount.
(2) If a participating person wants to deduct an inter‑person input payment from the participating person’s gross telecommunications sales revenue, the amount to be deducted must not be more than the total amount (if any) paid by the participating person, or a consolidated related party or declared related party of the participating person, in connection with the activity that led to the inter‑person input payment.
Note: For example, if the participating person makes a payment for interconnection at a price that includes a subsidy provided by the other party, the net amount paid by the participating person for the interconnection can be a deductible amount.
34 Suspension of deduction entitlements
(1) The ACMA may declare, in writing, that one or more specified participating persons (but not all participating persons) are not entitled to deduct a specified amount or payment under this Part.
(2) The declaration must state that the declaration is to have effect:
(a) for a specified eligible revenue period; or
(b) until the declaration is revoked.
Note: See sections 40 and 41.
35 Declarations about deductible revenue
The ACMA may declare, in writing, that a specified amount of gross telecommunications sales revenue of one or more specified participating persons (but not all participating persons) may be deducted.
Note: See sections 40 and 41.
36 Net telecommunications sales revenue
The result of deducting any amounts identified under sections 25 to 32, and 35, from the participating person’s gross telecommunications sales revenue is the participating person’s net telecommunications sales revenue for the eligible revenue period.