Carrier Licence Conditions (Vodafone Pty Limited) Declaration 1997

Overview

The Carrier Licence Conditions (Vodafone Pty Limited) Declaration 1997, as amended, is a legislative instrument made under subsection 63(3) of the Telecommunications Act 1997. This instrument was enacted to address specific conditions that Vodafone Pty Limited, a telecommunications carrier, must adhere to in relation to its carrier licence. The instrument was prepared by the Office of Legislative Drafting, Attorney-General’s Department, and it commenced on 1 July 1997. The primary objective of this legislation is to ensure that Vodafone complies with certain regulatory requirements stipulated in the Telecommunications Act 1997, including the submission and approval of an industry development plan by the Industry Minister. This is to facilitate the orderly development of telecommunications services and infrastructure in Australia, ensuring that the carrier operates within the regulatory framework set by the Commonwealth.

Scope and Application

The Carrier Licence Conditions (Vodafone Pty Limited) Declaration 1997 applies to Vodafone Pty Limited, specifically in relation to a carrier licence granted within the stipulated timeframe from 30 June 1997 to 1 July 1997. The Act itself, the Telecommunications Act 1997, governs the telecommunications industry in Australia and this Declaration serves as a specific regulatory instrument for Vodafone Pty Limited. It outlines particular conditions that must be adhered to by Vodafone under its carrier licence, including the submission and approval of an industry development plan by the Industry Minister, which is defined as the Minister for Industry, Science and Tourism. The geographic reach of this legislation is national, as it pertains to the Commonwealth of Australia. There are no explicit exclusions or exemptions mentioned within the text of this Declaration, although it is made clear that the conditions apply if a carrier licence is granted to Vodafone Pty Limited during the specified period. The Declaration may be further extended or modified through subordinate instruments as needed to align with broader regulatory changes or specific industry developments.

Key Provisions

The Carrier Licence Conditions (Vodafone Pty Limited) Declaration 1997 (the Declaration) is a legislative instrument that sets out specific conditions for Vodafone Pty Limited’s carrier licence. According to section 5 of the Declaration, the licensee must submit a current industry development plan to the Industry Minister within 90 days of the grant of the carrier licence and obtain the Minister’s approval of the plan. Additionally, the licensee must comply with certain clauses in Schedule 1 of the Telecommunications Act 1997 as if the submitted plan was an industry development plan under Part 2 of Schedule 1 of the Act. The Declaration imposes several obligations on Vodafone Pty Limited. Firstly, the licensee must provide a current industry development plan to the Industry Minister and seek approval for this plan within the specified timeframe (section 5(a)(i) and (ii)). Secondly, the licensee must ensure that the plan adheres to the relevant clauses in Schedule 1 of the Telecommunications Act 1997, specifically clauses 8, 9, 10, 11, 12, 13, and 14 (section 5(b)). These clauses likely cover various aspects of industry development, including service quality, infrastructure, and consumer protection. Failure to comply with the provisions of the Declaration could result in legal consequences. Although the specific penalties for non-compliance are not detailed within the Declaration itself, the Telecommunications Act 1997 provides a framework for penalties under which breaches of licence conditions can be enforced. Typically, such breaches may result in fines, administrative penalties, or even the potential revocation of the carrier licence. The exact penalties would depend on the severity and nature of the breach, as outlined in the broader telecommunications regulatory framework.