EXPLANATORY STATEMENT
STATUTORY RULE 1986 NO. 110 ISSUED BY THE
AUTHORITY OF THE MINISTER FOR COMMUNICATIONS
Section 19 of the Satellite Communications Act 1984 (‘the Act’) provides that the Governor-General may make regulations, not inconsistent with the Act, prescribing all matters required or permitted by the Act to be prescribed or necessary or convenient to be prescribed for carrying out or giving effect to the Act or for carrying out the objects of Aussat.
Sub-section 18(1) of the Act provides that a facility in an Aussat satellite may not be used for the purpose of carrying on a business of providing facilities for telecommunications between other persons by a person other than Aussat or an eligible person.
Sub-section 18(3) of the Act provides that in the context of sub-section 18(1) “eligible person” means the Australian Telecommunications Commission, the Australian Postal Commission, the Overseas Telecommunications Commission or a person declared by the regulations to be an eligible person for the purposes of section 18.
The regulation declares the Postmaster-General of New Zealand to be an eligible person for the purposes of section 18 of the Act. The Postmaster-General is the New Zealand Minister of State who under the Post Office Act 1959 of New Zealand is responsible for the general administration of that Act and thus the New Zealand Post Office. The regulation, therefore, enables the New Zealand Post Office to use facilities in an Aussat satellite under the terms of an agreement with Aussat Pty Ltd to provide facilities for telecommunications in New Zealand.