Commonwealth legislation

Industry Development Plan Exemption Declaration 1997

RepealedCTH

This Act has been repealed and is no longer in force. It is retained for historical reference.

Jurisdiction

Commonwealth

Collection

legislative instrument

Plain English Summary

2/10 complexity

This declaration gives certain telecommunications companies an exemption from preparing their own industry development plans.

How it works

Under the Telecommunications Act 1997, telecommunications carriers must usually submit industry development plans showing how they will support Australian industry.
This declaration creates an exemption: if a carrier is related to another carrier that already has an industry development plan (or is legally required to have one), the first carrier does not need to submit a separate plan.
"Related" means related corporations under the Corporations Law (for example, parent companies and subsidiaries, or companies under common control).
The existing industry development plan must show how it covers the exempted carrier.

Why it matters This prevents unnecessary paperwork and duplication. When telecommunications companies belong to the same corporate group, they can rely on one shared industry development plan rather than submitting separate documents for each related entity.

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Current sections

Direct links to the current provisions in Industry Development Plan Exemption Declaration 1997.

Industry Development Plan Exemption Declaration 1997

Commonwealth of Australia

Telecommunications Act 1997

Industry Development Plan Exemption

Declaration 1997

I, PETER McGAURAN, Minister for Science and Technology, acting under clause 5 of Schedule 1 to the Telecommunications Act 1997 and section 4 of the Acts Interpretation Act 1901, make this Declaration.

Dated 23 June 1997.

PETER McGAURAN

Minister for Science and Technology

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Citation

This Declaration may be cited as the Industry Development Plan Exemption Declaration 1997.

Commencement

This Declaration commences on 1 July 1997.

Note: [Note: This Declaration is a disallowable instrument for s. 46A of the Acts Interpretation Act 1901, see subclause 5 (3) of Schedule 1 to the Act.]

Interpretation

In this Declaration:

Act means the Telecommunications Act 1997.

Exempt carriers

(1) Part 2 of Schedule 1 to the Telecommunications Act 1997 does not apply to a carrier (the first carrier) that is related, within the meaning of the Corporations Law, to a carrier that:

(a) has a current industry development plan; or

(b) is required to give a current industry development plan to the Minister for Industry, Science and Tourism under a Declaration of carrier licence conditions under subsection 63 (3) of the Telecommunications Act 1997.

(2) A current industry development plan mentioned in subsection (1) must show how it relates to the first carrier.

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Source text

Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.

1 Industry Development Plan Exemption Declaration 1997