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.
Overview
The Satellite Communications (Aussat) Regulation 1986 was introduced under the authority of the Minister for Communications to address a specific regulatory gap in the Satellite Communications Act 1984. The Act aimed to govern the use of Aussat satellite facilities for telecommunications services, but it did not initially provide clarity on the involvement of foreign entities such as the New Zealand Post Office. This regulation was enacted to fill this gap by specifically declaring the Postmaster-General of New Zealand an "eligible person" within the meaning of the Act. Consequently, it allows the New Zealand Post Office to utilise Aussat satellite facilities to offer telecommunications services in New Zealand, in accordance with the terms of an agreement with Aussat Pty Ltd. The overarching policy objective of the regulation is to facilitate international cooperation in telecommunications infrastructure while ensuring compliance with the legislative framework established by the Satellite Communications Act 1984.
Scope and Application
The Statutory Rule 1986 No. 110, issued under the authority of the Minister for Communications, operates within the framework of the Satellite Communications Act 1984. This legislation applies to entities and persons involved in satellite communications, specifically targeting the use of facilities within Aussat satellites. The Act restricts the use of Aussat satellite facilities for telecommunications services to Aussat itself or an eligible person, as defined by the Act and its regulations. The geographic scope of the Act extends to the national level, with its provisions applying across Australia. However, through this regulation, the Postmaster-General of New Zealand is recognised as an eligible person, allowing the New Zealand Post Office to utilise Aussat satellite facilities for telecommunications services within New Zealand under an agreement with Aussat Pty Ltd. This regulation exemplifies how the Act’s application can be extended beyond Australian borders through subordinate instruments, facilitating cross-jurisdictional telecommunications services.
Key Provisions
The Statutory Rule 1986 No. 110 under the Satellite Communications Act 1984 (section 19) allows the Governor-General to issue regulations that are necessary to implement the Act or to achieve the objectives of Aussat. Specifically, section 18(1) of the Act prohibits the use of facilities in an Aussat satellite for telecommunications services by anyone other than Aussat or an eligible person. An "eligible person" (section 18(3)) is defined as the Australian Telecommunications Commission, the Australian Postal Commission, the Overseas Telecommunications Commission, or a person declared as such by regulations. The regulation made under this authority designates the Postmaster-General of New Zealand as an eligible person, thereby permitting the New Zealand Post Office to use Aussat satellite facilities to provide telecommunications services in New Zealand, pursuant to an agreement with Aussat Pty Ltd.
The obligations imposed by this Act and the subsequent regulation are primarily aimed at ensuring that only authorised entities can utilise Aussat satellite facilities for telecommunications services. Specifically, entities such as the Australian Telecommunications Commission, Australian Postal Commission, Overseas Telecommunications Commission, or the Postmaster-General of New Zealand, as declared by regulation, are permitted to use these facilities. This regulation facilitates international cooperation by allowing the New Zealand Post Office to engage in telecommunications services using Aussat’s infrastructure, subject to the terms of an agreement with Aussat Pty Ltd.
Breaches of the provisions outlined in the Act and the regulation can lead to significant consequences. Unauthorized use of Aussat satellite facilities for telecommunications services would contravene section 18(1), which could result in legal action. The Act does not explicitly state the penalties for such breaches, but they could potentially include fines and other civil or criminal penalties as determined by the relevant courts or regulatory bodies. Given the importance of compliance with the regulations governing satellite communications, non-compliance could also result in the revocation of the entity's eligibility to use Aussat facilities, thereby impacting their ability to provide telecommunications services.