Industry Development Plan Exemption Declaration 1997

Overview

The Industry Development Plan Exemption Declaration 1997 was enacted to provide a specific exemption under the Telecommunications Act 1997. This legislation was introduced to address a gap in the regulatory framework by exempting certain carriers from the obligations under Part 2 of Schedule 1 of the Act, provided they are related to another carrier that has or is required to have a current industry development plan. This exemption aims to streamline compliance requirements for related carriers, facilitating more efficient planning and operations within the telecommunications industry. The declaration was made by Peter McGauran, the Minister for Science and Technology, in accordance with clause 5 of Schedule 1 to the Telecommunications Act 1997 and section 4 of the Acts Interpretation Act 1901. The primary objective of this exemption is to offer flexibility to carriers that are interconnected, thereby reducing the administrative burden while ensuring that the overall industry development plans are still adequately managed and reported. This instrument commenced on 1 July 1997 and serves as a disallowable instrument under section 46A of the Acts Interpretation Act 1901.

Scope and Application

The Industry Development Plan Exemption Declaration 1997, made under the Telecommunications Act 1997, exempts certain carriers from the requirements of having an industry development plan, provided they are related to another carrier that either already possesses a current industry development plan or is mandated to submit one under specific conditions outlined in the Telecommunications Act. This exemption applies to the Commonwealth of Australia and is effective from 1 July 1997. The Declaration specifies that the carrier claiming exemption must demonstrate the relationship to the carrier holding the required plan in their submission. This legislative instrument allows for a more streamlined approach for related carriers in managing their industry development obligations, thereby promoting efficiency within the telecommunications sector.

Key Provisions

The Industry Development Plan Exemption Declaration 1997 (s. 1) is a legislative instrument that exempts certain carriers from the requirements of Part 2 of Schedule 1 of the Telecommunications Act 1997 (s. 4). This Declaration commences on 1 July 1997 (s. 2). Under the terms of the Act and the Acts Interpretation Act 1901, this Declaration is subject to disallowance by Parliament under section 46A of the Acts Interpretation Act 1901 (s. 3). The Declaration clarifies that "Act" refers to the Telecommunications Act 1997, and "Exempt carriers" are those that are related, as defined in the Corporations Law, to carriers that either have a current industry development plan or are required to provide one to the Minister for Industry, Science and Tourism under a carrier licence condition declaration (s. 4(1)). A current industry development plan must detail how it pertains to the exempt carrier (s. 4(2)). The obligations imposed by this Declaration are primarily on carriers that meet the criteria for exemption, requiring them to demonstrate a relationship to carriers with industry development plans. The Act mandates that exempt carriers must ensure their plans are connected to their own operations, ensuring that any exemptions granted are directly relevant and beneficial to their specific telecommunications activities. This requirement ensures that the exemption is not misused and that the broader objectives of the Telecommunications Act 1997 are still being met, such as promoting fair competition and ensuring quality services. Failure to comply with the obligations set out in the Declaration could potentially lead to civil or criminal penalties under the Telecommunications Act 1997. The specific consequences would depend on the nature and severity of the breach. The Telecommunications Act 1997 includes provisions for fines and other penalties for non-compliance with its requirements. For instance, misleading or deceptive conduct can attract penalties of up to $1.1 million for corporations and $110,000 for individuals, as outlined in section 137 of the Act. Additionally, serious breaches may lead to criminal charges, resulting in further penalties as determined by the courts.