Satellite Communications Amendment Act 1988
No. 128 of 1988
TABLE OF PROVISIONS
Section
1. Short title etc.
2. Commencement
3. Interpretation
4. Directors of Aussat
5. Insertion of new sections:
18a. Public Works Committee Act
18b. Lands Acquisition Act
6. Transitional provisions—directors
Satellite Communications Amendment Act 1988
No. 128 of 1988
An Act to amend the Satellite Communications Act 1984, and for related purposes
[Assented to 14 December 1988]
BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:
Short title etc.
1. (1) This Act may be cited as the Satellite Communications Amendment Act 1988.
(2) In this Act, “Principal Act” means the Satellite Communications Act 19841.
Commencement
2. (1) Subject to subsection (2), this Act commences on the day on which it receives the Royal Assent.
(2) Sections 3 and 4 commence on a day or days to be fixed by Proclamation.
Interpretation
3. Section 3 of the Principal Act is amended by omitting the definition of “neighbouring regions” and substituting the following definition:
“‘neighbouring regions’ means such countries and areas as are prescribed.”.
Directors of Aussat
4. Section 9 of the Principal Act is amended:
(a) by omitting subsection (1) and substituting the following subsection:
“(1) In this section:
‘Telecom director’ means a director of the Corporation, other than a government director (within the meaning of the Telecommunications Act 1975).”;
(b) by omitting from paragraphs (2) (a) and (b) “prescribed persons” and substituting “Telecom directors or employees of the Corporation.”.
5. After section 18 of the Principal Act the following sections are inserted:
Public Works Committee Act
“18a. The Public Works Committee Act 1969 does not apply in relation to Aussat.
Lands Acquisition Act
“18b. (1) The Lands Acquisition Act 1955 does not apply in relation to the acquisition of land, or an interest in land, by Aussat by agreement.
“(2) In subsection (1):
‘interest’, in relation to land, means:
(a) a legal or equitable estate or interest in the land; or
(b) a right, power or privilege over, or in relation to, the land.”.
Transitional provisions—directors
6. (1) If section 4 of this Act commences before section 11 of the Telecommunications Amendment Act 1988, section 9 of the Principal Act as amended by this Act has effect, until the commencement of that second-mentioned section, as if:
(a) subsection (1) were omitted;
(b) references to the Corporation were references to the Commission; and
(c) references to Telecom directors were references to the Managing Director of the Commission and other Commissioners holding office under section 22 of the Telecommunications Act 1975.
(2) If section 4 of this Act commences before section 13 of the Telecommunications Amendment Act 1988, section 9 of the Principal Act
as amended by this Act has effect, until the commencement of that second-mentioned section, as if references to employees were references to officers or employees.
[[
NOTE
1. No. 21, 1984.
[Minister’s second reading speech made in—
House of Representatives on 28 September 1988
Senate on 8 November 1988]
Overview
The Satellite Communications Amendment Act 1988 was enacted to address gaps in the Satellite Communications Act 1984 by amending the existing legislation. The Act was passed by the Queen, the Senate, and the House of Representatives of the Commonwealth of Australia. Its primary purpose is to refine and update the definitions, roles, and operations concerning satellite communications, particularly focusing on the management and legal frameworks governing Aussat, the Australian Satellite Corporation. This Act seeks to clarify the applicability of other acts, such as the Public Works Committee Act and the Lands Acquisition Act, to Aussat operations and land acquisitions. The amendments aim to streamline the legal responsibilities and operations of Aussat, ensuring that the corporation can effectively manage its activities within the updated legislative framework.
Scope and Application
The Satellite Communications Amendment Act 1988 amends the Satellite Communications Act 1984, which governs the use of satellite communications in Australia. This Act applies to the directors and employees of Aussat, a corporation involved in satellite communications, and it modifies their roles and responsibilities as specified in the Principal Act. The Act also extends its reach to the Public Works Committee Act 1969 and the Lands Acquisition Act 1955, excluding Aussat from their application concerning satellite communications and land acquisitions. The geographic scope of the Act is national, as it pertains to the Commonwealth of Australia, and its provisions apply to all satellite communications within the jurisdiction. The Act further specifies exclusions and transitional provisions to ensure a smooth adaptation to the amendments, particularly concerning the roles of directors and employees during the transition period.
Key Provisions
The Satellite Communications Amendment Act 1988 (No. 128 of 1988) amends the Satellite Communications Act 1984. The main sections of the Amendment Act are the definition of "neighbouring regions" (section 3), the revision of directors' roles at Aussat (section 4), and the exclusion of specific Acts from the operations of Aussat (section 5). Section 3 amends the definition of "neighbouring regions" to mean countries and areas prescribed by regulation. Section 4 modifies the role of directors at Aussat, defining a "Telecom director" and updating references to these roles in the principal Act. Section 5 inserts new sections 18a and 18b into the principal Act, exempting Aussat from the Public Works Committee Act 1969 and the Lands Acquisition Act 1955 concerning land acquisition by agreement.
The Amendment Act imposes specific obligations on Aussat and its directors. Under the revised definition in section 3, Aussat must comply with regulations that prescribe neighbouring regions. Section 4 mandates that directors and employees of Aussat, particularly Telecom directors, adhere to the updated roles and responsibilities as defined by the Act. Furthermore, section 5 exempts Aussat from certain legislative requirements, allowing it to operate under different conditions than those specified in the Public Works Committee Act 1969 and the Lands Acquisition Act 1955.
The Amendment Act does not explicitly outline specific offences or penalties for breaches. However, any failure to comply with the regulations prescribing neighbouring regions could result in legal consequences under the principal Act or other relevant legislation. Similarly, non-compliance with the revised roles and responsibilities for directors and employees could lead to disciplinary actions or other legal repercussions. The exemptions provided in sections 18a and 18b do not specify penalties for non-compliance with these exclusions, but any actions taken by Aussat in contravention of these provisions might be subject to review or redress under applicable laws.