AUSSAT Amendment Act 1990

Overview

The AUSSAT Amendment Act 1990 was enacted by the Parliament of Australia to amend the AUSSAT Act 1984. The primary objective of this legislation was to update the role and objectives of AUSSAT Pty Ltd, formerly known as the national telecommunications satellite system, to align with commercial practices and enable it to effectively compete in the telecommunications market. The Act redefines AUSSAT's primary objective to focus on the commercial supply of telecommunications services both domestically and internationally, while also allowing it to engage in related business activities. Additionally, it grants AUSSAT the authority to request the Australian Telecommunications Commission (AUSTEL) to direct other carriers to provide necessary networks or facilities, facilitating its service provision. The Act also ensures the applicability of the Telecommunications Act 1989 to AUSSAT in the same manner as other carriers, while maintaining the integrity of specific sections of that Act.

Scope and Application

The AUSSAT Amendment Act 1990 modifies the AUSSAT Act 1984 by updating the title of the principal act from referring to "the national telecommunications satellite system" to "AUSSAT Pty Ltd". The Act applies to AUSSAT Pty Ltd, granting it specific rights and objects in the telecommunications sector. Geographically, its reach encompasses activities both within and outside Australia, as well as between Australia and overseas. AUSSAT is empowered to request the Australian Telecommunications Commission (AUSTEL) to direct other carriers to provide necessary telecommunications networks or facilities. Furthermore, AUSSAT is granted rights to provide public telecommunications infrastructure and networks, including international services, while being subject to the general provisions of the Telecommunications Act 1989. The Act also ensures that AUSSAT's Memorandum and Articles of Association are deemed to confer necessary powers for the provision of services. Certain sections of the Principal Act are repealed, streamlining the legislative framework surrounding AUSSAT’s operations.

Key Provisions

The AUSSAT Amendment Act 1990 introduces several amendments to the AUSSAT Act 1984, with significant changes to the objects, powers, and operational scope of AUSSAT Pty Ltd. Section 3 of the Act updates the title of the Principal Act to reflect AUSSAT as a private entity rather than a national telecommunications satellite system. Section 4 removes the definition of "neighbouring regions," while section 5 redefines the objects of AUSSAT, stipulating its primary aim to be the commercial provision of telecommunications services both domestically and internationally, as well as any related business activities (section 9(1)). If AUSSAT's Memorandum of Association does not already incorporate these objects, it is to be amended accordingly, and all directors and other relevant persons are required to adhere to this new directive (section 9(2)). The Act imposes certain obligations on AUSSAT and AUSTEL. AUSSAT is granted the authority to request AUSTEL to direct other telecommunications carriers to make their networks or facilities available for AUSSAT's use (section 10a(1)). If AUSTEL determines that such networks or facilities are necessary or desirable for AUSSAT to supply telecommunications services, AUSTEL can issue the necessary direction to the other carrier (section 10a(2)). The terms and conditions for the availability of these networks or facilities are to be agreed upon between AUSSAT and the carrier, or determined by AUSTEL in the absence of an agreement (section 10a(3)). AUSSAT is also given specific rights to provide public telecommunications infrastructure and networks, and to supply certain telecommunications services, despite the provisions in the Telecommunications Act 1989 (section 10b). AUSSAT’s powers under its Memorandum and Articles of Association are expanded to include all actions necessary for the provision of services allowed by this Act (section 10c). The Act also outlines potential consequences for non-compliance. While the specific offences and penalties are not detailed in the provided sections, it can be inferred that failure to comply with the directives issued by AUSTEL or to adhere to the objects and powers as defined by the Act could lead to legal action. The penalties for such breaches would typically be determined by the relevant telecommunications legislation, including the Telecommunications Act 1989, and could range from civil penalties to more severe criminal sanctions, depending on the nature and severity of the breach.