(1)

If a licensee pays an amount that the licensee believes is the charge that is due and payable in relation to the chargeable datacasting services provided, the licensee must, in a notice accompanying the payment, inform the ABA, in a form approved by the ABA, of the manner of working out the amount paid.

(2)

If:

(a)

the ABA, having regard to the documents given to it under these Regulations, works out the amount of the charge that is due and payable in relation to the chargeable datacasting services provided by the licensee; and

(b)

the amount worked out is not the same as the amount paid;

the ABA must give the licensee, as soon as practicable, a notice in writing:

(c)

specifying the amount worked out; and

(d)

setting out details of how the amount was worked out; and

(e)

if the amount paid is more than the amount worked out, specifying the amount overpaid; and

(f)

if the amount paid is less than the amount worked out, specifying the amount unpaid; and

(g)

if the ABA is satisfied that the licensee deliberately miscalculated the amount of the charge - stating that it is so satisfied.

(3) If the notice given to the licensee under subsection (2) specifies an amount overpaid, the ABA must, within 21 days after the day the notice was issued, arrange for the amount to be refunded to the licensee.
Note
Subclause 51 (2) of Schedule 4 to the Act sets out when a charge is payable in respect of a transmitter licence. The Datacasting Charge (Amount) Determination 2001 , made by the Australian Communications Authority under subsection 7 (1) of the Datacasting Charge (Imposition) Act 1998 , sets out how the charge is to be calculated.
Note