Carrier Licence Conditions (Optus Mobile Pty Ltd) Declaration 1997
as amended
made under subsection 63 (3) of the
Telecommunications Act 1997
This compilation was prepared on 17 July 2003
taking into account amendments up to Carrier Licence
Conditions (Optus Mobile Pty Ltd) Declaration 1997
(Amendment No. 1 of 1997)
Prepared by the Office of Legislative Drafting,
Attorney-General’s Department, Canberra
Contents
1 Citation [see Note 1]
2 Commencement
3 Definitions
4 Application
5 Industry development plan
6 Network rollout
Notes
1 Citation [see Note 1]
This Declaration may be cited as the Carrier Licence Conditions (Optus Mobile Pty Ltd) Declaration 1997.
2 Commencement
This Declaration commences on 1 July 1997.
3 Definitions
In this Declaration:
current industry development plan has the meaning given by clause 7 of Schedule 1 to the Act.
industry development plan has the meaning given by clause 6 of Schedule 1 to the Act.
Industry Minister means the Minister for Industry, Science and Tourism.
licensee means Optus Mobile Pty Ltd (ACN 054 365 696).
Optus Communications means Optus Communications Pty Ltd
(ACN 052 833 208).
the Act means the Telecommunications Act 1997.
4 Application
This Declaration applies if a carrier licence is granted to Optus Mobile Pty Ltd in the period starting on 30 June 1997 and ending at the end of 1 July 1997.
5 Industry development plan
The licensee must:
(a) within 90 days after a carrier licence is granted to the licensee:
(i) give a current industry development plan to the Industry Minister; and
(ii) obtain the Industry Minister’s approval of the plan; and
(b) comply with clauses 8, 9, 10, 11, 12, 13 and 14 of Schedule 1 to the Act as if the plan was an industry development plan under Part 2 of Schedule 1 to the Act.
6 Network rollout
Before 1 January 1998, the licensee must have offered, and be able to supply, public mobile telecommunications services by means of digital facilities in areas in which at least 80% of the Australian population lives.
Notes to the Carrier Licence Conditions (Optus Mobile Pty Ltd) Declaration 1997
Note 1
The Carrier Licence Conditions (Optus Mobile Pty Ltd) Declaration 1997 (in force under subsection 63 (3) of the Telecommunications Act 1997) as shown in this compilation is amended as indicated in the Tables below.
Table of Instruments
Title | Date of notification
in Gazette | Date of
commencement | Application, saving or
transitional provisions |
Carrier Licence Conditions (Optus Mobile Pty Ltd) Declaration 1997 | 30 June 1997 (see Gazette 1997, No. S248) | 1 July 1997 | |
Carrier Licence Conditions (Optus Mobile Pty Ltd) Declaration 1997 (Amendment No. 1 of 1997) | 18 Dec 1997
(see Gazette 1997, No. S536) | 18 Dec 1997 | — |
Table of Amendments
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted |
Provision affected | How affected |
C. 3................. | am. 1997 No. 1 |
C. 7................. | rep. 1997 No. 1 |
Overview
The Carrier Licence Conditions (Optus Mobile Pty Ltd) Declaration 1997, enacted under subsection 63(3) of the Telecommunications Act 1997, was introduced to address the need for specific licence conditions for Optus Mobile Pty Ltd, aimed at ensuring the provision of public mobile telecommunications services. This legislative instrument was prepared by the Office of Legislative Drafting, Attorney-General’s Department, and was made to specify the conditions under which Optus Mobile Pty Ltd would be granted a carrier licence within the stipulated period. The policy objective of this declaration was to facilitate a structured rollout of digital mobile telecommunications services by Optus Mobile Pty Ltd, ensuring coverage and service availability for a significant portion of the Australian population by a specified date. This declaration was enacted by the relevant legislature and commenced on 1 July 1997, with subsequent amendments made to align with the evolving requirements of the telecommunications industry.
Scope and Application
The Carrier Licence Conditions (Optus Mobile Pty Ltd) Declaration 1997 applies specifically to Optus Mobile Pty Ltd, a corporation identified by its Australian Company Number (ACN) 054 365 696, in relation to the granting of a carrier licence under the Telecommunications Act 1997. This legislation outlines specific conditions that must be met by Optus Mobile Pty Ltd during a defined period from 30 June 1997 to 1 July 1997, which includes the submission and approval of a current industry development plan by the Minister for Industry, Science and Tourism, and compliance with certain clauses of the Act as if the plan was an industry development plan. Additionally, Optus Mobile Pty Ltd must ensure that before 1 January 1998, it has offered and is capable of supplying public mobile telecommunications services via digital facilities to areas where at least 80% of the Australian population resides. This Declaration was enacted to ensure compliance with telecommunications regulations, providing a clear framework for Optus Mobile Pty Ltd to operate within the national telecommunications industry.
Key Provisions
The Carrier Licence Conditions (Optus Mobile Pty Ltd) Declaration 1997 (C2004B00435) outlines specific conditions for Optus Mobile Pty Ltd’s carrier licence, which is governed under subsection 63(3) of the Telecommunications Act 1997. This legislation applies to the period starting on 30 June 1997 and ending on 1 July 1997. One of the key provisions is the requirement for the licensee to submit a current industry development plan to the Industry Minister and obtain their approval within 90 days of the licence being granted (section 5). Additionally, Optus Mobile Pty Ltd must comply with several clauses (8, 9, 10, 11, 12, 13, and 14) of Schedule 1 to the Act as if the submitted plan were an industry development plan under Part 2 of Schedule 1 to the Act. Another critical provision is the mandate that the licensee must have offered and be able to supply public mobile telecommunications services by means of digital facilities in areas where at least 80% of the Australian population resides before 1 January 1998 (section 6).
The obligations imposed on Optus Mobile Pty Ltd by this Act are significant. Firstly, the company must prepare and submit an industry development plan to the Industry Minister and secure the Minister's approval. This plan must outline the company's strategies for network development, service provision, and other relevant activities in the telecommunications sector. Secondly, Optus Mobile Pty Ltd must ensure that their digital facilities can offer public mobile telecommunications services to at least 80% of the Australian population by 1 January 1998. This requirement underscores the importance of timely and effective network rollout to meet the needs of a significant portion of the population. Furthermore, the company must adhere to the specific clauses outlined in Schedule 1 of the Act, ensuring compliance with broader regulatory standards and guidelines.
Breach of the conditions set forth in this Declaration can result in serious consequences. Although the specific penalties are not detailed in the text provided, it is understood that violations of the Telecommunications Act 1997 and its related instruments can lead to both civil and criminal penalties. Civil penalties may include fines, while criminal penalties can encompass imprisonment, reflecting the seriousness with which regulatory breaches are treated. The exact nature and severity of the penalties would depend on the specific breach and the provisions of the overarching Telecommunications Act 1997. Companies found in non-compliance risk not only financial penalties but also reputational damage and potential revocation of their carrier licence.