Astronomical Functions Act 2010

Administered by Department of Industry, Science and Resources

Legislation au C2010A00011 In force Act

Legislation content

Astronomical Functions Act 2010

No. 11, 2010

Compilation No. 3

Compilation date:   1 July 2018

Includes amendments up to: Act No. 59, 2018

Registered:    2 August 2018

 

About this compilation

This compilation

This is a compilation of the Astronomical Functions Act 2010 that shows the text of the law as amended and in force on 1 July 2018 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

 

 

 

Contents

Part 1—Preliminary

1 Short title

2 Commencement

3 Simplified outline of this Act

4 Definitions

5 Crown to be bound

6 Extension to external Territories

7 Extra‑territorial application

Part 3—Astronomical functions

11 Astronomical functions

12 Fees

Part 5—Miscellaneous

23 Delegation by the Secretary

24 Executive power of the Commonwealth

25 Concurrent operation of State and Territory laws

26 Regulations

Endnotes

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

 

An Act to provide for astronomical functions, and for other purposes

Part 1—Preliminary

 

1  Short title

  This Act may be cited as the Astronomical Functions Act 2010.

2  Commencement

  This Act commences on 1 July 2010.

3  Simplified outline of this Act

This Act provides that the Secretary has various functions relating to optical astronomy.

The Commonwealth may charge fees in connection with things done in the performance of the Secretary’s functions.

The Secretary may delegate functions and powers under this Act to APS employees in the Department.

4  Definitions

  In this Act:

optical includes radiation in the near‑ultraviolet, visible and infrared portions of the electromagnetic spectrum.

optical astronomy facility means a telescope, or other facility, for making optical astronomical observations, and includes any associated equipment, buildings or infrastructure.

Secretary means the Secretary of the Department.

5  Crown to be bound

  This Act binds the Crown in each of its capacities.

6  Extension to external Territories

  This Act extends to every external Territory.

7  Extra‑territorial application

  This Act applies both within and outside Australia.

Part 3—Astronomical functions

 

11  Astronomical functions

 (1) The Secretary has functions relating to optical astronomy.

 (2) Those functions include the following:

 (a) to operate, construct, develop and maintain national optical astronomy facilities;

 (b) to support optical astronomy facilities;

 (c) to consult and co‑operate with other persons, organisations and governments on matters relating to optical astronomy;

 (d) to facilitate access to optical astronomy facilities;

 (e) to develop, manufacture and provide instrumentation for optical astronomy facilities;

 (f) to support the development, manufacture and provision of instrumentation for optical astronomy facilities;

 (g) to support, encourage, conduct and evaluate research about matters relating to optical astronomy;

 (h) to support, encourage, conduct and evaluate educational, promotional and community awareness programs that are relevant to optical astronomy;

 (i) to publish (whether on the internet or otherwise) reports, papers and information relating to optical astronomy;

 (j) to advise the Minister about matters relating to optical astronomy;

 (k) to implement Australia’s international obligations in relation to optical astronomy;

 (l) such other functions (if any) as are specified in the regulations;

 (m) to do anything incidental to or conducive to the performance of any of the above functions.

 (3) Subsection (2) does not limit subsection (1).

Note: For delegation of functions, see section 23.

12  Fees

  The Commonwealth may charge fees for things done in the performance of the functions conferred by section 11.

Part 5—Miscellaneous

 

23  Delegation by the Secretary

 (1) The Secretary may, by writing, delegate all or any of the Secretary’s functions or powers under this Act to an APS employee in the Department who has expertise appropriate to the function or power delegated.

 (3) In exercising functions or powers under a delegation, the delegate must comply with any directions of the Secretary.

24  Executive power of the Commonwealth

  This Act does not limit the executive power of the Commonwealth.

25  Concurrent operation of State and Territory laws

  This Act is not intended to exclude or limit the operation of a law of a State or Territory that is capable of operating concurrently with this Act.

26  Regulations

  The Governor‑General may make regulations prescribing matters:

 (a) required or permitted to be prescribed by this Act; or

 (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.

Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.

If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.

 

Endnote 2—Abbreviation key

 

ad = added or inserted

o = order(s)

am = amended

Ord = Ordinance

amdt = amendment

orig = original

c = clause(s)

par = paragraph(s)/subparagraph(s)

C[x] = Compilation No. x

    /sub‑subparagraph(s)

Ch = Chapter(s)

pres = present

def = definition(s)

prev = previous

Dict = Dictionary

(prev…) = previously

disallowed = disallowed by Parliament

Pt = Part(s)

Div = Division(s)

r = regulation(s)/rule(s)

ed = editorial change

reloc = relocated

exp = expires/expired or ceases/ceased to have

renum = renumbered

    effect

rep = repealed

F = Federal Register of Legislation

rs = repealed and substituted

gaz = gazette

s = section(s)/subsection(s)

LA = Legislation Act 2003

Sch = Schedule(s)

LIA = Legislative Instruments Act 2003

Sdiv = Subdivision(s)

(md) = misdescribed amendment can be given

SLI = Select Legislative Instrument

    effect

SR = Statutory Rules

(md not incorp) = misdescribed amendment

Sub‑Ch = Sub‑Chapter(s)

    cannot be given effect

SubPt = Subpart(s)

mod = modified/modification

underlining = whole or part not

No. = Number(s)

    commenced or to be commenced

 

Endnote 3—Legislation history

 

Act

Number and year

Assent

Commencement

Application, saving and transitional provisions

Australian Astronomical Observatory Act 2010

11, 2010

11 Mar 2010

1 July 2010 (s 2)

 

Acts Interpretation Amendment Act 2011

46, 2011

27 June 2011

Sch 2 (items 100–106) and Sch 3 (items 10, 11): 27 Dec 2011 (s 2(1) items 3, 12)

Sch 3 (items 10, 11)

Australian Astronomical Observatory (Transition) Act 2018

59, 2018

29 June 2018

Sch 1 (items 1–6) and Sch 2: 1 July 2018 (s 2(1) item 1)

Sch 2

 

Endnote 4—Amendment history

 

Provision affected

How affected

Title....................

am No 59, 2018

Part 1

 

s 1.....................

am No 59, 2018

s 3.....................

rs No 59, 2018

s 4.....................

am No 59, 2018

Part 2...................

rep No 59, 2018

s 8.....................

rep No 59, 2018

s 9.....................

am No 46, 2011

 

rep No 59, 2018

s. 10....................

am. No. 46, 2011

 

rep No 59, 2018

Part 4...................

rep No 59, 2018

s 13....................

rep No 59, 2018

s 14....................

rep No 59, 2018

s 15....................

am No 46, 2011

 

rep No 59, 2018

s 16....................

rep No 59, 2018

s 17....................

rep No 59, 2018

s 18....................

rep No 59, 2018

s 19....................

rep No 59, 2018

s 20....................

rep No 59, 2018

s 21....................

rep No 59, 2018

s 22....................

rep No 59, 2018

Part 5

 

s 23....................

am No 59, 2018

 

 

Overview

The Astronomical Functions Act 2010 was enacted to provide for astronomical functions, specifically those related to optical astronomy. The Act was passed by the Australian Parliament and commenced on 1 July 2010. It was introduced to consolidate and modernise the functions and responsibilities related to astronomical activities under one legislative framework. The Act outlines the functions of the Secretary, who is responsible for the administration of optical astronomy, including operating and supporting national optical astronomy facilities, consulting and cooperating with other entities on matters relating to optical astronomy, and facilitating access to these facilities. The Act also allows the Commonwealth to charge fees for services provided in connection with these functions. Additionally, it addresses the delegation of functions, the concurrent operation of State and Territory laws, and the making of regulations to carry out the Act. In terms of its scope, the Act binds the Crown in all its capacities, extends to external territories, and applies both within and outside Australia. It provides for the Secretary to delegate functions to appropriate Australian Public Service employees within the Department and does not limit the executive power of the Commonwealth. The Act allows for the making of regulations to prescribe matters necessary for the implementation of the Act, and it permits the charging of fees in connection with the functions outlined. The Act was last amended by the Australian Astronomical Observatory (Transition) Act 2018, which made several changes to the original Act to streamline and update its provisions.

Scope and Application

The Astronomical Functions Act 2010 applies to the Secretary of the Department, who has various functions relating to optical astronomy, including the operation, construction, development, and maintenance of national optical astronomy facilities, as well as supporting such facilities, consulting with other entities, facilitating access, developing and providing instrumentation, supporting research and educational programs, publishing reports, advising the Minister, and implementing Australia’s international obligations in optical astronomy. The Act extends to every external Territory and applies both within and outside Australia. The Secretary may delegate functions and powers under this Act to an Australian Public Service (APS) employee in the Department, provided the delegate complies with any directions from the Secretary. The Commonwealth may charge fees for services rendered in the performance of the Secretary’s functions. The Act does not limit the executive power of the Commonwealth and is not intended to exclude or limit the concurrent operation of State or Territory laws. The Governor-General may make regulations to prescribe matters necessary or convenient for carrying out or giving effect to the Act. The Act binds the Crown in all its capacities.

Key Provisions

The Astronomical Functions Act 2010 (section 11) sets out the functions of the Secretary in relation to optical astronomy. These functions include operating, constructing, developing, and maintaining national optical astronomy facilities, supporting these facilities, consulting and cooperating with other persons, organisations, and governments on matters relating to optical astronomy, facilitating access to these facilities, developing, manufacturing, and providing instrumentation for optical astronomy facilities, supporting the development, manufacture, and provision of such instrumentation, supporting, encouraging, conducting, and evaluating research about matters relating to optical astronomy, supporting, encouraging, conducting, and evaluating educational, promotional, and community awareness programs relevant to optical astronomy, publishing reports, papers, and information relating to optical astronomy, advising the Minister about matters relating to optical astronomy, implementing Australia's international obligations in relation to optical astronomy, and performing any other functions specified in regulations or that are incidental to the performance of the above functions. The Act (section 12) also allows the Commonwealth to charge fees for things done in the performance of these functions. The Act imposes various obligations on the Secretary and others involved in optical astronomy activities. The Secretary must operate, construct, develop, and maintain national optical astronomy facilities (section 11(a)). They must support optical astronomy facilities (section 11(b)), consult and cooperate with other persons, organisations, and governments on matters relating to optical astronomy (section 11(c)), and facilitate access to these facilities (section 11(d)). The Secretary is also required to develop, manufacture, and provide instrumentation for optical astronomy facilities (section 11(e) and (f)), and support the development, manufacture, and provision of such instrumentation (section 11(g)). They must support, encourage, conduct, and evaluate research about matters relating to optical astronomy (section 11(h)), and support, encourage, conduct, and evaluate educational, promotional, and community awareness programs relevant to optical astronomy (section 11(i)). The Secretary must also publish reports, papers, and information relating to optical astronomy (section 11(j)), advise the Minister about matters relating to optical astronomy (section 11(k)), implement Australia's international obligations in relation to optical astronomy (section 11(l)), and perform any other functions specified in regulations or that are incidental to the performance of the above functions (section 11(m)). Breaching the obligations and requirements set out in the Astronomical Functions Act 2010 may result in civil or criminal penalties, depending on the nature and severity of the breach. While specific penalties are not detailed in the Act, breaches of Commonwealth legislation generally can attract penalties under the Criminal Code Act 1995, including fines and imprisonment. For example, contravening regulations made under the Act could result in a fine of up to $22,200 for an individual or $111,000 for a body corporate, as per section 12.1 of the Criminal Code Act 1995. Furthermore, failing to comply with the Act's provisions could lead to legal action by the Commonwealth or affected parties, resulting in damages or other remedies. It is essential for parties and entities governed by the Act to adhere to its provisions to avoid potential legal consequences.

Legal classification tags

Area of Law
Science Law
Instrument
Act
Concepts
Definitions & Interpretation
Commencement Provisions
Fees
Delegation by the Secretary

Interactions

Authorises

All Versions

Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.