EXPLANATORY STATEMENT
Issued by the authority of the Minister for Employment, Education and Training
STATUTORY RULES 1988 NO. 114
ANGLO-AUSTRALIAN TELESCOPE AGREEMENT ACT 1970 ANGLO-AUSTRALIAN TELESCOPE AGREEMENT REGULATIONS
Section 20 of the Anglo-Australian Telescope Agreement Act 1970 (the Act) provides that the Governor-General may make regulations permitted by the Act to be prescribed.
Section 8A of the Act provides for the Anglo-Australian Telescope Board to have such additional functions as are conferred on it by regulations and empowers the Board to do all things necessary or convenient to be done in connection with the performance of its additional functions and in particular to do such things as it is empowered under the regulations to do.
The regulations confer the following additional functions on the Anglo-Australian Telescope Board-
(1) the care and maintenance of the Schmidt Telescope;
(2) the operation and management of the telescope; and
(3) the development of the telescope.
Prior to the regulations being made, the functions of the Anglo-Australian Telescope Board related to the administration of the Anglo-Australian Telescope which is located at Siding Spring Mountain in New South Wales. The Board administers this telescope under an agreement between the Australian and United Kingdom governments to which effect is given by the Anglo-Australian Telescope Agreement Act.
The Schmidt Telescope is also located at Siding Spring Mountain. It is owned by the Science and Engineering Research Council of the United Kingdom. The Council wishes to reduce its astronomical activity in Australia and has offered to allow the Anglo-Australian Telescope Board to manage and operate the Schmidt Telescope. The Board wishes to accept this offer as the Schmidt Telescope can provide photographic plates which are useful for some research carried out with the Anglo-Australian Telescope.
The Science and Engineering Council and the Anglo-Australian Telescope Board have agreed that the additional functions are appropriate ones to be conferred on the Board. The appropriate United Kingdom and Australian Ministers have agreed that it is appropriate that the Board be given these additional functions.
The Council and the Board have agreed upon the terms of a management agreement relating to the Board’s management of the Schmidt Telescope. The regulations enable the Board to execute the management agreement.
Overview
The Anglo-Australian Telescope Agreement Act 1970 was enacted to provide a legal framework for the administration of the Anglo-Australian Telescope, situated at Siding Spring Mountain in New South Wales, under an agreement between the Australian and United Kingdom governments. The Act initially conferred upon the Anglo-Australian Telescope Board the functions related to the administration of the telescope. The 1988 regulations under this Act extended the Board’s functions to include the care and maintenance, operation, and management of the Schmidt Telescope, which is also located at Siding Spring Mountain and owned by the Science and Engineering Research Council of the United Kingdom. This extension was prompted by the Council's decision to reduce its astronomical activities in Australia and its offer for the Board to manage the Schmidt Telescope, which would complement certain research activities conducted with the Anglo-Australian Telescope. The regulations were made in accordance with the authority granted by the Act, with the agreement of relevant authorities in both countries, and enable the Board to execute a management agreement with the Council.
Scope and Application
The Anglo-Australian Telescope Agreement Act 1970 applies to the Anglo-Australian Telescope Board, which is responsible for the administration of the Anglo-Australian Telescope located at Siding Spring Mountain in New South Wales. The Act provides the legislative framework for the agreement between the Australian and United Kingdom governments concerning the telescope. The Act has been amended to confer additional functions on the Board, including the care and maintenance, operation and management, and development of the Schmidt Telescope, which is also situated at Siding Spring Mountain. This extension of functions has been made possible through regulations under Section 20 of the Act, which empower the Governor-General to prescribe regulations permitted by the Act. These regulations ensure that the Board can execute a management agreement with the Science and Engineering Research Council of the United Kingdom, which owns the Schmidt Telescope. The additional functions are seen as appropriate by both the Science and Engineering Council and the Anglo-Australian Telescope Board, and have been endorsed by the relevant Ministers of both countries.
Key Provisions
The Anglo-Australian Telescope Agreement Act 1970, as supplemented by the regulations made under Section 20, primarily extends the functions of the Anglo-Australian Telescope Board. Section 8A of the Act allows the Governor-General to confer additional functions on the Board through regulations, which now include the care and maintenance of the Schmidt Telescope (Regulation 1), the operation and management of the telescope (Regulation 2), and the development of the telescope (Regulation 3). These additional functions were not originally part of the Board's remit, which previously focused on the administration of the Anglo-Australian Telescope located at Siding Spring Mountain in New South Wales.
These regulations impose specific obligations on the Anglo-Australian Telescope Board. They are now responsible for the Schmidt Telescope's maintenance, ensuring its operational readiness and integrity. The Board must manage and oversee the telescope's activities, including scheduling observations, allocating usage time among researchers, and ensuring the facility operates smoothly. Additionally, the Board is tasked with the development of the telescope, which involves enhancing its capabilities, integrating new technologies, and improving its overall performance to support ongoing and future astronomical research.
Failure to comply with these obligations can lead to significant consequences. While the specific penalties for breaches are not detailed in the text, breaches of statutory duties or mismanagement of government property typically carry severe penalties under Australian law. These can include fines, imprisonment, or both, depending on the severity of the breach. The exact penalties would be determined in the context of a legal proceeding, taking into account the nature and impact of the non-compliance.
The regulations also empower the Board to execute a management agreement with the Science and Engineering Research Council of the United Kingdom, formalising the terms under which the Board will manage the Schmidt Telescope. This agreement likely includes provisions related to the responsibilities, rights, and obligations of both parties, ensuring that the Board's management of the telescope aligns with the expectations and requirements set forth by the Science and Engineering Research Council.
In summary, the regulations extend the Anglo-Australian Telescope Board's responsibilities to include the Schmidt Telescope's care, operation, and development, while also enabling them to enter into a formal management agreement with the Science and Engineering Research Council of the United Kingdom. These changes are designed to enhance the Board's ability to support astronomical research and maintain the operational excellence of the telescopes under its purview.