Anglo‑Australian Telescope Agreement Amendment Act 2006
No. 1, 2006
An Act to amend the Anglo‑Australian Telescope Agreement Act 1970, and for related purposes
Contents
1 Short title
2 Commencement
3 Schedule(s)
Schedule 1—Amendment of the Anglo‑Australian Telescope Agreement Act 1970
Anglo-Australian Telescope Agreement Amendment Act 2006
No. 1, 2006
An Act to amend the Anglo‑Australian Telescope Agreement Act 1970, and for related purposes
[Assented to 1 March 2006]
The Parliament of Australia enacts:
1 Short title
This Act may be cited as the Anglo‑Australian Telescope Agreement Amendment Act 2006.
2 Commencement
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, on the day or at the time specified in column 2 of the table.
Commencement information |
Column 1 | Column 2 | Column 3 |
Provision(s) | Commencement | Date/Details |
1. Sections 1 to 3 and anything in this Act not elsewhere covered by this table | The day on which this Act receives the Royal Assent. | 1 March 2006 |
2. Schedule 1 | The later of: (a) the day on which this Act receives the Royal Assent; and (b) the day on which the Supplementary Agreement between the Government of the Commonwealth of Australia and the Government of the United Kingdom of Great Britain and Northern Ireland concerning the Anglo‑Australian Optical Telescope, at Siding Spring, New South Wales, Australia, done at Canberra on 3 November 2005, comes into force for Australia. However, the provision(s) do not commence at all if the event mentioned in paragraph (b) does not occur before the end of the period of 6 months beginning on the day on which this Act receives the Royal Assent. The Minister must announce by notice in the Gazette the day on which the Supplementary Agreement comes into force for Australia. | 27 June 2006 (paragraph (b) applies) |
Note: This table relates only to the provisions of this Act as originally passed by the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.
(2) Column 3 of the table is for additional information that is not part of this Act. This information may be included in any published version of this Act.
3 Schedule(s)
Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
Schedule 1—Amendment of the Anglo‑Australian Telescope Agreement Act 1970
1 Section 4
Insert:
Agreement means:
(a) the Principal Agreement; and
(b) the Supplementary Agreement between the Government of the Commonwealth of Australia and the Government of the United Kingdom of Great Britain and Northern Ireland concerning the Anglo‑Australian Optical Telescope, at Siding Spring, New South Wales, Australia, done at Canberra on 3 November 2005.
Note 1: The Agreement will terminate with effect from 1 July 2010: see the Supplementary Agreement.
Note 2: In 2006, the text of the Supplementary Agreement was accessible through the Australian Treaties Library on the AustLII Internet site (www.austlii.edu.au).
2 Section 4
Insert:
Principal Agreement means:
(a) the Agreement between the Government of the Commonwealth of Australia and the Government of the United Kingdom of Great Britain and Northern Ireland to provide for the Establishment and Operation of a Large Optical Telescope, done at Canberra on 25 September 1969; or
(b) if that Agreement is amended—that Agreement as so amended.
Note: The text of the Agreement is set out in Australian Treaty Series 1971 No. 2. In 2006, the text of an Agreement in the Australian Treaty Series was accessible through the Australian Treaties Library on the AustLII Internet site (www.austlii.edu.au).
3 Section 4 (definition of the Agreement)
Repeal the definition.
4 Section 5
Repeal the section.
5 Section 8
Before “Agreement” (first and second occurring), insert “Principal”.
6 Paragraph 10(2)(c)
Before “Agreement”, insert “Principal”.
7 Subsection 19(1)
Before “Agreement” (first occurring), insert “Principal”.
8 Subsection 19(2)
Before “Agreement”, insert “Principal”.
9 The Schedule
Repeal the Schedule.
[Minister’s second reading speech made in—
House of Representatives on 9 November 2005
Senate on 8 December 2005]
Overview
The Anglo-Australian Telescope Agreement Amendment Act 2006 was enacted by the Parliament of Australia to revise the Anglo-Australian Telescope Agreement Act 1970, addressing the need to integrate the more recent Supplementary Agreement into the legislative framework governing the Anglo-Australian Telescope. The Act was assented to on 1 March 2006 and includes amendments to the 1970 Act to reflect the terms of the Supplementary Agreement, which was done at Canberra on 3 November 2005. The primary objective of the Act is to ensure that the legal framework governing the operation and management of the Anglo-Australian Telescope remains current and fully incorporates all relevant agreements. The Act’s provisions, including the amendments, came into effect on 27 June 2006, contingent upon the Supplementary Agreement entering into force for Australia.
Scope and Application
The Anglo-Australian Telescope Agreement Amendment Act 2006 is a legislative instrument designed to amend the existing Anglo-Australian Telescope Agreement Act 1970. This Act applies to the agreements between the Government of the Commonwealth of Australia and the Government of the United Kingdom concerning the Anglo-Australian Telescope, specifically the Principal Agreement and the Supplementary Agreement. The Act seeks to integrate the Supplementary Agreement into the framework established by the Principal Agreement, thereby ensuring that the provisions of both agreements are recognized and enforceable within the same legislative context. This amendment is significant in extending the operational framework and ensuring continuity in the collaborative efforts between the two governments in managing and operating the Anglo-Australian Telescope located at Siding Spring, New South Wales. The Act’s provisions come into effect on specific dates, with the Supplementary Agreement's commencement contingent on its formal entry into force for Australia, which must occur within six months of the Act's assent. This ensures that the legislative changes are synchronized with the practical implementation of the new agreement.
Key Provisions
The Anglo-Australian Telescope Agreement Amendment Act 2006 (C2006A00001) amends the Anglo-Australian Telescope Agreement Act 1970. Section 1 of the Act provides that the Agreement now includes both the Principal Agreement and the Supplementary Agreement, which was executed on 3 November 2005. The Supplementary Agreement specifies that the Agreement will terminate on 1 July 2010. The Act also amends the definition of the Principal Agreement, stating that it includes any amendments to the original agreement executed on 25 September 1969. Section 5 of the 1970 Act is repealed, and references to the "Agreement" in sections 8, 10, and 19 are replaced with "Principal Agreement". The Schedule of the 1970 Act is repealed.
The Act imposes several obligations on the parties involved in the operation of the Anglo-Australian Telescope. Firstly, it mandates that the Agreement now includes the Supplementary Agreement, which details specific terms and conditions that must be adhered to by both Australia and the United Kingdom. This means that any activities related to the telescope must comply with both the Principal Agreement and the Supplementary Agreement. The Act also requires that the definition of the Principal Agreement be updated to reflect any amendments made to the original agreement. Additionally, the Act mandates that references to the "Agreement" in specific sections of the 1970 Act be updated to "Principal Agreement", ensuring that the correct document is being referred to throughout the legislative text. Finally, the repeal of the Schedule signifies a need to adhere to the current terms of the Principal Agreement without the previous supplementary terms.
Failure to comply with the provisions of the Act may result in legal consequences. While the Act does not explicitly outline specific offences or penalties for non-compliance, breaches of the terms of the Agreement could potentially lead to legal actions under the common law or other relevant legislation. The implications of such breaches might include disputes over the use of the telescope, financial penalties, or even termination of the Agreement. The precise consequences would depend on the nature and severity of the breach, as well as the terms outlined in the Principal and Supplementary Agreements.