99Levy amount of a participating person

#### 99 Levy amount of a participating person Levy amount—general rule (1) If a person is a participating person for an eligible revenue period (the relevant eligible revenue period) (other than the first or second eligible revenue period), then, for the purposes of this Act, the levy amount of the person for the eligible levy period starting immediately after the relevant eligible revenue period is the amount worked out using the formula:  where: > levy contribution factor means the person’s levy contribution factor for the eligible levy period worked out under section 98. > overall levy target amount means the overall levy target amount for the eligible levy period worked out under section 88. > Note: The Telecommunications (Industry Levy) Act 2012 imposes levy on the levy amount. (2) The Minister may, by legislative instrument, modify the formula in subsection (1). Levy amount—first or second eligible revenue period (3) If: (a) a person is a participating person for an eligible revenue period (the relevant eligible revenue period); and (b) the relevant eligible revenue period is the first or second eligible revenue period; then, for the purposes of this Act, the levy amount of the person for the eligible levy period starting immediately after the relevant eligible revenue period is the amount worked out using the formula:  where: > levy contribution factor means the person’s levy contribution factor for the eligible levy period worked out under section 98. > overall levy cap amount means the overall levy cap amount for the eligible levy period. > Note: The Telecommunications (Industry Levy) Act 2012 imposes levy on the levy amount. (4) For the purposes of this section, the overall levy cap amount for an eligible levy period is the amount ascertained in accordance with a written instrument made by the Minister for the purposes of this subsection. (5) An instrument made under subsection (4) is a legislative instrument, but section 42 (disallowance) of the Legislative Instruments Act 2003 does not apply to the instrument. (6) The Minister must not make an instrument under subsection (4) that relates to a particular eligible levy period before the end of the eligible levy period. (7) The Minister must take all reasonable steps to ensure that an instrument under subsection (4) that relates to a particular eligible levy period is made during the 3‑month period starting immediately after the end of the eligible levy period. (8) The Minister may, by legislative instrument, modify the formula in subsection (3).