Satellite Communications (Consequential Amendments) Act 1984

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No. 18 of 1984

An Act to amend the Telecommunications Act 1975, the Postal Services Act 1975 and the Overseas Telecommunications Act 1946 in relation to the national telecommunications satellite system

[Assented to 26 April 1984]

BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:

PART I—PRELIMINARY

Short title

1. This Act may be cited as the Satellite Communications (Consequential Amendments) Act 1984.

Commencement

2. This Act shall come into operation, or be deemed to have come into operation, as the case requires, on the commencement of the Satellite Communications Act 1984.

PART II—AMENDMENTS OF THE TELECOMMUNICATIONS ACT 1975

Principal Act

3. The Telecommunications Act 19751 is in this Part referred to as the Principal Act.

Duties of Commission

4. Section 6 of the Principal Act is amended—

(a) by omitting from sub-paragraph (2) (b) (ii) “and” (last occurring); and

(b) by adding at the end of paragraph (2) (b) the following word and sub-paragraph:

“and (iv) the intention of the Parliament expressed in section 7 of the Satellite Communications Act 1984, namely, the intention that the telecommunications system provided by the Commission and the telecommunications system provided by the company AUSSAT Pty Ltd (being the company described in the definition of ‘Aussat’ in section 3 of that Act) by the use of space satellites within the meaning of that Act will provide the national telecommunications network for Australia.”.

5. After section 10 of the Principal Act the following section is inserted:

Companies involved in telecommunications

“10a. (1) In this section—

‘prescribed business’ means a business relating to telecommunications and includes the relevant business;

‘prescribed company’ means a company that carries on, or proposes to carry on, a prescribed business;

‘relevant business’ means the business of providing—

(a) a telecommunications system for Australia by the use of space satellites; and

(b) space satellite facilities for use in telecommunications systems for neighbouring regions;

‘technical services’ means services relating to telecommunications.

“(2) In the definition of ‘relevant business’ in sub-section (1), ‘Australia’, ‘neighbouring regions’ and ‘space satellite’ have the same meanings, respectively, as they have in the Satellite Communications Act 1984.

“(3) The Commission may—

(a) form, or participate with other persons in the formation of, a company that would carry on a prescribed business, other than a company that would carry on the relevant business;

(b) acquire, hold and dispose of shares or stock in the capital of, or debentures or other securities of, a prescribed company;

(d) provide technical services (whether in or outside Australia) for a prescribed company or for a partnership referred to in paragraph (c).

“(4) The Commission shall not exercise a power conferred by sub-section (3) except with the approval of the Minister.

“(5) An agreement or arrangement between the Commission and a prescribed company shall include a term empowering the Commission to terminate the agreement or arrangement if the prescribed company ceases to be a prescribed company.

“(6) Where—

(a) the Commission has an interest in, or is a party to an agreement or arrangement with, a prescribed company; and

(b) the prescribed company ceases to be a prescribed company,

the Minister may give to the Commission such directions as he thinks appropriate with respect to—

(d) the termination of the agreement or arrangement between the Commission and the company,

as the case may be.

“(7) This section does not authorize a prescribed company to carry on a prescribed business otherwise than in accordance with the relevant law.”.

Persons other than the Commission not to construct, maintain or operate telecommunications installations

6. Section 94 of the Principal Act is amended by inserting after paragraph (2) (f) the following paragraph:

“(fa) by the company Aussat Pty Ltd (being the company referred to in sub-paragraph 6 (2) (b) (iv)) or another person under section 14 of the Satellite Communications Act 1984”.

PART III—AMENDMENTS OF THE POSTAL SERVICES ACT 1975

Principal Act

7. The Postal Services Act 19752 is in this Part referred to as the Principal Act.

Powers of the Commission

8. Section 9 of the Principal Act is amended by inserting after sub-section (3) the following sub-section:

“(3a) The Commission has power, for or in connection with the performance of its functions, to use services provided by the company AUSSAT Pty Ltd (being the company described in the definition of ‘Aussat’ in section 3 of the Satellite Communications Act 1984).”.

PART IV—AMENDMENTS OF THE OVERSEAS TELECOMMUNICATIONS ACT 1946

Principal Act

9. The Overseas Telecommunications Act 19463 is in this Part referred to as the Principal Act.

Company to operate national telecommunications system

10. Section 37 of the Principal Act is amended—

(a) by omitting from sub-section (1) the definition of “prescribed company” and substituting the following definition:

“‘prescribed company’ means a company that carries on, or proposes to carry on, a prescribed business;”;

(b) by omitting paragraphs (2) (a) and (b); and

“(5) Where—

(a) the Commission is a party to an agreement or arrangement with a prescribed company; and

(b) the prescribed company ceases to be a prescribed company, the Minister may give to the Commission such directions as he considers appropriate with respect to the termination of the agreement or arrangement between the Commission and the company.”.

11. After section 38 of the Principal Act the following section is inserted:

Power to use satellite services

“38aa. The Commission has power, for or in connection with the performance of its functions, to use services provided by the company AUSSAT Pty Ltd (being the company described in the definition of ‘Aussat’ in section 3 of the Satellite Communications Act 1984).”.

NOTES

1. No. 55, 1975, as amended. For previous amendments, see No. 94, 1976; No. 160, 1977; Nos. 36 and 170, 1978; No. 115, 1979; No. 177, 1980; No. 61, 1981; No. 80, 1982; and Nos. 7, 91, 92, 115, 136 and 147,1983.

2. No. 54, 1975, as amended. For previous amendments, see Nos. 36 and 170, 1978; No. 7, 1979; No. 177, 1980; Nos. 61 and 74, 1981; No. 80, 1982; and Nos. 39, 92, 115 and 147, 1983.

3. No. 23, 1946, as amended. For previous amendments, see No. 69, 1952; No. 26, 1958; No. 85, 1963; No. 93, 1966; Nos. 31 and 139, 1968; No. 9, 1971; No. 216, 1973 (as amended by No. 20, 1974); No. 56, 1975; No. 36, 1978; No. 19, 1979; No. 177, 1980; Nos. 61 and 115, 1981 ; No. 66, 1982; No. 80, 1982; and Nos. 39, 92 and 136, 1983.

Overview

The Satellite Communications (Consequential Amendments) Act 1984 was enacted to amend existing telecommunications legislation in response to the establishment of a national telecommunications satellite system. This Act was passed by the Parliament of Australia and received assent on 26 April 1984. The primary objective of this legislation is to align and update the Telecommunications Act 1975, the Postal Services Act 1975, and the Overseas Telecommunications Act 1946 in the context of the newly established national telecommunications satellite system. This ensures that the legislative framework is coherent and supports the intended role of the telecommunications system, particularly through the involvement of AUSSAT Pty Ltd, as expressed in the Satellite Communications Act 1984. The Act facilitates the integration of satellite communications into the national telecommunications infrastructure by defining the roles and responsibilities of relevant entities and allowing for the necessary adaptations in existing laws.

Scope and Application

The Satellite Communications (Consequential Amendments) Act 1984 is an Act of the Commonwealth of Australia that primarily amends the Telecommunications Act 1975, the Postal Services Act 1975 and the Overseas Telecommunications Act 1946 to align with the provisions of the Satellite Communications Act 1984. This Act applies to the Australian government, specifically the Australian Communications and Media Authority (ACMA), which is empowered to form, participate in the formation of, or acquire shares in companies that engage in telecommunications services. These companies are referred to as "prescribed companies" and must conduct their business in accordance with relevant telecommunications laws. The Act also restricts other entities, excluding AUSSAT Pty Ltd and entities authorised under the Satellite Communications Act 1984, from constructing, maintaining, or operating telecommunications installations. The geographic scope of this Act is national, impacting entities operating within Australia. The Act does not explicitly outline exclusions or exemptions, but it does stipulate that prescribed companies must adhere to relevant telecommunications laws. The application and scope of the Act can be further defined through subordinate instruments issued under the authority of the relevant Acts.

Key Provisions

The Satellite Communications (Consequential Amendments) Act 1984 amends existing telecommunications legislation to align with the creation of a national telecommunications satellite system. Section 4 of the Act modifies the Telecommunications Act 1975 to incorporate the intention of Parliament as expressed in the Satellite Communications Act 1984, specifically regarding the national telecommunications network provided by the Australian Communications and Media Authority (ACMA) and AUSSAT Pty Ltd using space satellites. Section 5 introduces new provisions allowing the ACMA to form or participate in the formation of companies engaged in telecommunications, acquire shares in such companies, enter into partnerships, and provide technical services, subject to ministerial approval. Additionally, it mandates that any agreement with a prescribed company must include a termination clause if the company ceases to be involved in the relevant business. Section 6 restricts entities other than the ACMA from constructing, maintaining, or operating telecommunications installations without authorisation from AUSSAT or another person under the Satellite Communications Act 1984. The obligations imposed by this Act on the ACMA and other entities primarily revolve around the establishment and operation of telecommunications services via space satellites. The ACMA must seek ministerial approval before forming or participating in companies involved in telecommunications, acquiring shares, entering into partnerships, or providing technical services. Furthermore, any agreements with companies engaged in prescribed businesses must include specific termination clauses. Entities other than the ACMA are prohibited from constructing, maintaining, or operating telecommunications installations without the requisite authorisation, which underscores the central role of AUSSAT and the ACMA in managing satellite-based telecommunications infrastructure. Regarding penalties and consequences for breaches, the Act does not explicitly state penalties but implies that any unauthorised activities by entities other than the ACMA could lead to enforcement actions under the Telecommunications Act 1975. While specific penalties are not detailed within this Act, non-compliance with the restrictions and requirements could result in legal actions, fines, or other sanctions as prescribed under the broader telecommunications legislation.

Area of Law: Telecommunications Law
Instrument: Act
Concepts: Commencement Provisions; Regulatory Standards; Licensing & Registration; Enforcement Powers

Interactions

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.

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