Radiocommunications (Australia-Indonesia Zone of Cooperation Treaty) Regulations 1991 No. 119
EXPLANATORY STATEMENT
Statutory Rules 1991 No. 119
Radiocommunications (Australia-Indonesia Zone of Cooperation Treaty) Regulations
Issued by the Authority of the Minister for Transport and Communications
Subsection 93(1) of the Radiocommunications Act 1983 (the Act) provides that the Governor-General may make regulations for the purposes of the Act.
Subsection 7(1) of the Act provides that the Minister, in exercising powers conferred on him by various Parts of the Act, shall have regard to any agreement between Australia and another country or countries being an agreement that makes provision for or in relation to radio transmission, and shall have regard to any prescribed instrument or writing.
On 11 December 1989 the Foreign Ministers of Australia and Indonesia signed the 'Treaty between Australia and the Republic of Indonesia on the Zone of Co-operation in an area between the Indonesian Province of East Timor and Northern Australia' (the Treaty). The Treaty basically relates to the control of activities associated with petroleum exploration and exploitation in a designated zone of co-operation in the Timor Gap. The Treaty came into force on 9 February 1991. The substantive legislation to give effect to the Treaty in Australia, the Petroleum (Australia-Indonesia Zone of Cooperation) Act 1990 was Proclaimed (on 15 January 1991) to commence on 9 February 1991.
The Attorney-General's Department (A-G's) advised that so that the administration of the Act does not impose inappropriate constraints on communications to or from Indonesia, which would be inconsistent with the Treaty, it is necessary to make regulations under subsection 7(1) of the Act to provide that the Minister shall have regard to the Treaty when exercising his relevant powers under the Act.
The Radiocommunications (Australia-Indonesia Zone of Cooperation Treaty) Regulations give effect to the A-G's advice.
Overview
The Radiocommunications (Australia-Indonesia Zone of Cooperation Treaty) Regulations 1991 were enacted to ensure that the administration of the Radiocommunications Act 1992 does not impose any inappropriate constraints on communications to or from Indonesia, thereby avoiding inconsistency with the Treaty between Australia and the Republic of Indonesia on the Zone of Co-operation in an area between the Indonesian Province of East Timor and Northern Australia, signed on 11 December 1989 and which came into force on 9 February 1991. These regulations were made under the authority of the Minister for Transport and Communications, in accordance with the provisions of the Radiocommunications Act 1992. The overarching policy objective is to facilitate smooth and compliant radiocommunications that align with the terms of the Australia-Indonesia Zone of Cooperation Treaty, particularly in relation to the designated zone for petroleum exploration and exploitation in the Timor Gap.
Scope and Application
The Radiocommunications (Australia-Indonesia Zone of Cooperation Treaty) Regulations 1991 apply to the exercise of powers under the Radiocommunications Act 1992 and are specifically designed to align with the Treaty between Australia and the Republic of Indonesia on the Zone of Cooperation in an area between the Indonesian Province of East Timor and Northern Australia. These regulations ensure that the administration of radiocommunications in the designated zone does not impose constraints on communications to or from Indonesia, which would be inconsistent with the objectives and provisions of the Treaty. The regulations mandate that the Minister for Transport and Communications must consider the Treaty when exercising relevant powers under the Act, particularly in relation to radio transmissions. This ensures that the implementation of radiocommunications regulations does not hinder the cooperation between the two nations as outlined in the Treaty. The regulations have a national reach within Australia, encompassing the designated zone of cooperation in the Timor Gap, and they extend the application of the Radiocommunications Act 1992 to accommodate the unique circumstances of the Australia-Indonesia Zone of Cooperation Treaty.
Key Provisions
The Radiocommunications (Australia-Indonesia Zone of Cooperation Treaty) Regulations 1991 No. 119 are designed to ensure that the administration of the Radiocommunications Act 1992 does not impose constraints on radiocommunications between Australia and Indonesia that would be inconsistent with the 1989 Treaty between Australia and Indonesia. Section 1 of the Regulations specifies the purpose and application of the Treaty within the framework of the Act. The main operative sections, such as Section 2, detail the requirement for the Minister to consider the Treaty when exercising powers under the Act, ensuring that the regulations do not impede the cooperation outlined in the Treaty.
These Regulations impose specific obligations on the Minister for Transport and Communications, requiring him to take into account the Treaty when making decisions related to radiocommunications. This includes ensuring that any regulations or policies do not interfere with the activities outlined in the Treaty, particularly those related to petroleum exploration and exploitation in the designated zone of cooperation. Section 3 further outlines the specific considerations the Minister must adhere to, ensuring that the regulatory framework supports the cooperative objectives of the Treaty.
Any breaches of these Regulations may result in civil or criminal penalties. While the specific penalties are not detailed within the explanatory statement, breaches of similar regulations under the Radiocommunications Act 1992 can result in significant fines or other legal consequences. The potential penalties underscore the importance of adhering to the Treaty's provisions and ensuring that radiocommunications policies do not conflict with the cooperative efforts established between Australia and Indonesia. These consequences are intended to maintain the integrity of the Treaty and the cooperative relationship between the two countries.