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Levies and fees.
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30.—(1) For the purpose of—
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(a) meeting expenses properly incurred by the Commission in the discharge of its functions in relation to electronic communications, and
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(b) enabling the Minister to pay contributions or other membership charges to international telecommunications organisations,
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the Commission may make an order imposing a levy on providers of electronic communications services.
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(2) For the purpose of meeting expenses properly incurred by the Commission in the discharge of its functions in relation to postal services, the Commission may make an order imposing a levy on providers of postal services.
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(3) Whenever a levy order is made there shall be paid to the Commission by each provider of postal or electronic communications services as the case may be such amount as shall be appropriate having regard to the terms of the levy order.
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(4) A levy order, including a levy order made under the Act of 1996, may be amended or revoked by the Commission.
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(5) Any surplus of levy income over the expenses incurred by the Commission in the discharge of its functions relevant to that levy in a particular financial year shall either—
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(a) be retained by the Commission to be offset against levy obligations for the subsequent year, or
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(b) be refunded proportionately to the providers on whom the levy is imposed.
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(6) All fees and levies that may be collected under the provisions of any enactments mentioned in Schedule 1 shall be collected by, and, subject to subsection (7) and (8), may be retained by, the Commission.
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(7) The Minister may, with the consent of the Minister for Finance, direct the Commission to pay into the Exchequer such sum as he or she may, subject to subsection (8), specify being a sum that, subject to subsection (8), represents the amount by which the aggregate sum received by the Commission in each financial year exceeds the aggregate costs incurred in the administration of its office in that year, less the sum of any surplus referred to in subsection (5) and any interim payments made in accordance with subsection (9).
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(8) The method of calculation of the surplus referred to in subsection (7) shall be such method as may be determined by the Minister, with the consent of the Minister for Finance, after consultation with the Commission, taking into account any reasonable requirements of the Commission for funds to meet expenses.
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(9) Where the Commission receives substantial licence fee income, the Minister may, after consultation with the Commission and with the consent of the Minister for Finance, direct the Commission to pay into the Exchequer, such sum which represents an interim payment of the sum referred to in subsection (7).
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(10) The Public Offices Fees Act, 1879, does not apply in respect of fees payable to the Commission pursuant to this Act.
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(11) The Commission shall not impose a levy on providers of—
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(a) electronic communications for the purpose of meeting expenses properly incurred by the Commission in the discharge of its functions in respect of postal services, or
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(b) postal services for the purpose of meeting expenses properly incurred by the Commission in the discharge of its functions in respect of electronic communications services.
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(12) The Commission may recover as a simple contract debt in any court of competent jurisdiction from the person by whom it is payable any amount due and owing to it under this section.
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(13) In this section “levy order” means an order imposing levy under subsection (1) or (2).
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