PACIFIC CABLE.
No. 25 of 1911.
An Act to authorize the Pacific Cable Board to construct and work a Submarine Cable between New Zealand and Australia as part of the Pacific Cable.
[Assented to 22nd December, 1911.]
BE it enacted by the King’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—
Short title.
1. This Act may be cited as the Pacific Cable Act 1911.
Definitions.
2. In this Act—
“The contributing Governments” means the Governments represented on the Pacific Cable Board, namely, the Government of the United Kingdom, the Government of Canada, the Government of the Commonwealth, and the Government of New Zealand.
“The Pacific Cable Board” means the Pacific Cable Board constituted under an Act of the Parliament of the United Kingdom called the Pacific Cable Act 1901 (1 Edw. 7, c. 31).
Authority to construct a cable between New Zealand and Australia.
3. The Pacific Cable Board is, by this Act, authorized on the part of the Commonwealth of Australia—
(a) to construct and work as part of the Pacific Cable a submarine cable between Doubtless Bay or any more convenient point in New Zealand and Australia, either direct or partly by means of a subterranean cable across the North Island of New Zealand, and any other extensions, connexions, or rearrangements in or near the Pacific Ocean which in the opinion of all the contributing Governments, are necessary or expedient for the improvement of the Pacific Cable Board’s undertaking; and
(b) to apply towards the construction of that cable any moneys which it is authorized to apply to that purpose by an Act of the Parliament of the United Kingdom.
Overview
The Pacific Cable Act 1911 was enacted to address the need for improved communication between Australia and New Zealand. This Act authorises the Pacific Cable Board to construct and operate a submarine cable as part of the broader Pacific Cable system, connecting Doubtless Bay or another suitable location in New Zealand to Australia. This initiative aimed to enhance international communication by linking Australia with other major global powers via a reliable and efficient cable network. The Act was passed by the Parliament of the Commonwealth of Australia, reflecting a policy objective to support the development of critical infrastructure for communication and connectivity between nations.
Scope and Application
The Pacific Cable Act 1911 applies to the Pacific Cable Board, constituted under the Pacific Cable Act 1901 of the Parliament of the United Kingdom, and encompasses the governments of the United Kingdom, Canada, the Commonwealth of Australia, and New Zealand. This Act authorises the Pacific Cable Board to construct and operate a submarine cable between New Zealand and Australia, which is intended to be part of a broader Pacific Cable system. The Act specifies that the cable may either run directly from Doubtless Bay or another suitable location in New Zealand to Australia, or partly through a subterranean cable across the North Island of New Zealand, along with any other extensions, connections, or rearrangements in or near the Pacific Ocean deemed necessary or expedient by the contributing governments. Additionally, the Board is permitted to use any funds authorised by the United Kingdom Parliament for this purpose. The Act does not explicitly state any exclusions, exemptions, or thresholds, but it does extend the Board’s authority through the construction and operation of the cable as specified.
Key Provisions
The Pacific Cable Act 1911 (section 3) primarily authorises the Pacific Cable Board to construct and operate a submarine cable between New Zealand and Australia. This cable is intended to be part of the Pacific Cable, connecting Doubtless Bay or another suitable location in New Zealand with Australia, potentially including a subterranean cable across the North Island of New Zealand and any other extensions deemed necessary by the contributing governments for the enhancement of the Pacific Cable system. The Board is also empowered to use funds authorised by an Act of the Parliament of the United Kingdom for the construction of this cable.
The Act imposes several obligations on the Pacific Cable Board. Firstly, it mandates the Board to undertake the construction and operation of the specified submarine cable (section 3(a)). Additionally, the Board must collaborate with the contributing governments—namely the United Kingdom, Canada, Australia, and New Zealand—ensuring that any extensions, connections, or rearrangements are approved by all parties involved (section 3(a)). Furthermore, the Board must ensure that the construction adheres to the financial provisions stipulated in the UK Parliament Act (section 3(b)).
Failure to comply with the provisions of the Act may lead to legal consequences. While the Act does not explicitly outline specific offences, breaches of the statutory requirements could potentially be prosecuted under broader legal principles, such as breaches of statutory duty or mismanagement of public funds. Penalties for such breaches could vary, but under Australian law, they could include fines and imprisonment depending on the severity and nature of the breach. Additionally, any financial mismanagement or misuse of authorised funds could result in civil liability for damages.