Satellite Communications Regulations (Amendment)

Overview

The Satellite Communications (General) Statutory Rule 1987, issued under the authority of the Minister for Transport and Communications, addresses the need to update the Satellite Communications Regulations 1987 to reflect administrative changes in New Zealand. The Satellite Communications Act 1984 empowers the Governor-General to make regulations necessary for the effective operation of the Act and the objectives of AUSSAT Pty Ltd. The current regulation identifies the Postmaster-General of New Zealand as an eligible person under the Act, but recent administrative changes in New Zealand have shifted telecommunications functions to the Telecom Corporation of New Zealand Limited. This statutory rule rectifies the regulatory oversight by substituting the Telecom Corporation of New Zealand Limited for the Postmaster-General of New Zealand in regulation 3, ensuring that the regulatory framework remains aligned with the current administrative structure in New Zealand. The policy objective is to maintain the integrity and functionality of the regulatory framework governing satellite communications in Australia.

Scope and Application

The Statutory Rule 1987 No. 336, issued under the authority of the Minister for Transport and Communications, amends the Satellite Communications Regulations 1987 to update the entity authorised to use Aussat satellite facilities for telecommunications services between other persons. This amendment reflects administrative changes in New Zealand, where the telecommunications function previously performed by the Postmaster-General’s Department is now undertaken by the Telecom Corporation of New Zealand Limited. The rule ensures that the updated entity, Telecom Corporation of New Zealand Limited, is recognised as an eligible person under section 18 of the Satellite Communications Act 1984. This adjustment facilitates continued compliance with the Act's provisions while accommodating the structural changes in New Zealand's telecommunications sector. The amendment is made in accordance with the authority granted under the Act, ensuring that the regulations remain consistent with the overarching legislative framework and the objectives of Aussat.

Key Provisions

The main operative sections of this statutory rule (C2004L06127) concern the amendment of the Satellite Communications Regulations, specifically Regulation 3, which is referenced in (1987 No. 336). This amendment is made under the authority of the Minister for Transport and Communications and is issued pursuant to subsection 19(1) of the Satellite Communications Act 1984. Regulation 3 previously designated the Postmaster-General of New Zealand as an eligible person under section 18 of the Act, but it now substitutes the Telecom Corporation of New Zealand Limited in place of the Postmaster-General. This change is necessitated by administrative reorganisations in New Zealand that have led to the creation of multiple agencies, with the Telecom Corporation of New Zealand Limited now handling telecommunications functions. The obligations and requirements imposed by this statutory rule on the relevant parties are primarily concerned with compliance with the amended regulations. Specifically, the Telecom Corporation of New Zealand Limited is now recognised as an eligible person under section 18 of the Satellite Communications Act 1984, which allows it to use Aussat satellites for providing telecommunications facilities between other persons. This change in eligibility ensures that the entity responsible for telecommunications in New Zealand is correctly identified and authorised to use satellite communication facilities. It is also important for maintaining the legal framework governing satellite communications in Australia and ensuring that the entities authorised to use these facilities are clearly defined. In terms of potential breaches and consequences, the statutory rule does not explicitly detail offences or penalties for non-compliance with the amended regulations. However, under the Satellite Communications Act 1984, unauthorised use of Aussat facilities for telecommunications between other persons is prohibited by section 18(1). This means that any entity not recognised as an eligible person under section 18 could face legal consequences if they use Aussat satellites for such purposes. The Act does not specify penalties in the statutory rule itself, but unauthorised use of satellite facilities could lead to civil or criminal proceedings under the broader legislative framework. The precise penalties would depend on the specific circumstances of the breach, but they could include fines or other sanctions as determined by the relevant courts.