Telecommunications Amendment Regulations 2005 (No. 1)

Administered by Department of Communications and the Arts

Legislation au F2005L02192 Regulations Not in force Legislative Instrument

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EXPLANATORY STATEMENT

 

Select Legislative Instrument 2005 No. 176

 

Issued by the Authority of the Minister for Communications, Information Technology and the Arts

 

Telecommunications Act 1997

 

Telecommunications Amendment Regulations 2005 (No. 1)

 

Subsection 594(1) of the Telecommunications Act 1997 (the Act) provides that the Governor-General may make regulations, consistent with the Act, prescribing matters required or permitted by the Act to be prescribed; or necessary or convenient to be prescribed for the carrying out or giving effect to the Act.

 

The accompanying Regulations replace the outdated reference to the Timor Gap Treaty in the Telecommunications Regulations 2001 (the Principal Regulations) with a reference to the Timor Sea Treaty which superseded the Timor Gap Treaty.

 

Schedule 3 to the Act deals with the powers and immunities of telecommunications carriers and, in particular, allows a carrier to:

  • enter on, and inspect, land to determine whether the land is suitable for its purposes (Division 2 of Part 1 of Schedule 3); 
  • enter on, and occupy, land for the purposes of installing certain authorised facilities (Division 3 of Part 1 of Schedule 3); and
  • occupy land for the purposes of maintaining a facility (Division 4 of Part 1 of Schedule 3).

 

When a carrier conducts activities authorised by Schedule 3, it must do so subject to certain given conditions.  One of these conditions is that if a carrier engages in an activity that is covered by Schedule 3, it must do so in a manner that is consistent with Australia’s obligations under a ‘listed international agreement’ that is relevant to the activity (clause 13 of Schedule 3).  Clause 2 of Schedule 3 defines ‘listed international agreement’ to mean an international agreement specified in the regulations.

 

Regulation 11.1 of the Principal Regulations provides that for the purposes of the definition of ‘listed international agreement’ in clause 2 of Schedule 3 to the Act, an international agreement mentioned in Schedule 1 to the Principal Regulations is a listed international agreement.  Item 18 of that Schedule prescribes the Timor Gap Treaty (being the Treaty defined by subsection 5(1) of the Petroleum (Timor Gap Zone of Cooperation) Act 1990) as a listed international agreement.  This was a treaty between Australia and Indonesia relating to petroleum operations in the “Zone of Cooperation”, which is a defined area between Australia and East Timor.

 

East Timor separated from Indonesia on 26 October 1999.  Since then, Indonesia has had no jurisdiction over East Timor or the maritime zones generated by East Timorese territory, nor over petroleum operations in the former Zone of Cooperation. Upon East Timor’s separation from Indonesia, Australia and the United Nations Transitional Administration in East Timor (UNTAET) entered into an agreement whereby UNTAET assumed Indonesia’s rights and obligations under the Timor Gap Treaty.  This allowed Australia and East Timor to benefit from the continuation of exploration and production activities in an area of overlapping territorial claims in the Timor Sea.

 

East Timor became independent on 20 May 2002 and on that date Australia and East Timor signed the Timor Sea Treaty. The Treaty is a provisional arrangement pending permanent delimitation of maritime boundaries between Australia and East Timor.

 

The Timor Sea Treaty provides a framework for the regulation of petroleum activities in the Joint Petroleum Development Area (JPDA) for the benefit of the peoples of Australia and East Timor.  The JPDA is an area of the Timor Sea between Australia and East Timor.  The Timor Sea Treaty does not seek to regulate all activities that take place in the JPDA – its scope is limited and it regulates only those activities relating to the exploration and exploitation of petroleum. 

 

The Timor Sea Treaty does not contain any express provisions in relation to telecommunications.  However, there is the potential for the bodies that administer the Timor Sea Treaty to establish new requirements relating to petroleum activities in the JPDA.  Such new requirements could relate to communications in the JPDA, or could raise communications issues in areas outside the JPDA. 

 

In order to ensure that Australia is in a position to give effect to any requirements relating to communications that may arise under the Timor Sea Treaty, it is necessary to specify the Timor Sea Treaty in the Principal Regulations as a listed international agreement.

 

The accompanying Regulations replace the reference to the Timor Gap Treaty in item 18 in Schedule 1 to the Principal Regulations with a reference to the Timor Sea Treaty, being the Treaty defined in subsection 5(1) of the Petroleum (Timor Sea Treaty) Act 2003, as amended from time to time.

 

The accompanying Regulations are a legislative instrument for the purposes of the Legislative Instruments Act 2003 (LIA) (see paragraph 6(a) of the LIA).  The Australian Communications Authority was consulted about the accompanying Regulations, however, wider consultation was considered unnecessary due to the minor and machinery nature of the accompanying Regulations (see paragraph 18(2)(a) of the LIA).

 

The accompanying Regulations commence on the day after they are registered on the Federal Register of Legislative Instruments.

 

 

Overview

The Telecommunications Amendment Regulations 2005 (No. 1) were enacted to address the obsolescence of the Timor Gap Treaty, which was rendered irrelevant after East Timor's separation from Indonesia and subsequent independence. These Regulations, issued under the authority of the Minister for Communications, Information Technology and the Arts, amend the Telecommunications Regulations 2001 to update references from the Timor Gap Treaty to the Timor Sea Treaty, which was signed between Australia and East Timor in 2002. This change ensures that telecommunications carriers can continue to operate in accordance with Australia's international obligations under the new treaty, particularly in relation to petroleum activities in the Joint Petroleum Development Area (JPDA) of the Timor Sea. The policy objective is to maintain the regulatory framework's relevance and effectiveness in the context of evolving geopolitical and economic relationships in the region.

Scope and Application

The Telecommunications Amendment Regulations 2005 (No. 1) pertains to the application and interpretation of the Telecommunications Act 1997 by updating references in the Telecommunications Regulations 2001 to reflect the change from the Timor Gap Treaty to the Timor Sea Treaty. These Regulations apply to telecommunications carriers, which include entities engaged in the provision of telecommunications services, and the activities they conduct as outlined in Schedule 3 of the Telecommunications Act 1997. This encompasses actions such as entering and inspecting land to determine its suitability for telecommunications purposes, occupying land to install authorised facilities, and maintaining such facilities, all of which must be conducted in accordance with Australia's obligations under listed international agreements. The geographic reach of these Regulations is national, affecting all telecommunications carriers within Australia. The Regulations specify that the Timor Sea Treaty is a listed international agreement, ensuring that any activities by telecommunications carriers in areas relevant to the Treaty comply with its terms. These Regulations also extend their application through subordinate instruments, ensuring alignment with international agreements and facilitating the implementation of telecommunications activities in accordance with updated treaties.

Key Provisions

The Telecommunications Amendment Regulations 2005 (No. 1) amend the existing Telecommunications Regulations 2001 by updating references to the Timor Gap Treaty with references to the Timor Sea Treaty. This is achieved by replacing the outdated reference to the Timor Gap Treaty in item 18 of Schedule 1 to the Principal Regulations with a reference to the Timor Sea Treaty, as defined in subsection 5(1) of the Petroleum (Timor Sea Treaty) Act 2003 (section 1 of the Regulations). The amendments are intended to reflect the current legal framework governing petroleum operations in the area between Australia and East Timor, ensuring that telecommunications activities comply with the most recent international agreements. The Telecommunications Amendment Regulations 2005 (No. 1) impose specific obligations on telecommunications carriers operating in Australia. Most notably, carriers must ensure that their activities are consistent with Australia’s obligations under listed international agreements, as defined in clause 2 of Schedule 3 to the Telecommunications Act 1997. For the purposes of this regulation, a listed international agreement is one specified in Schedule 1 to the Principal Regulations (section 2 of the Regulations). The obligation to comply with these agreements applies to activities such as entering land to inspect or install telecommunications facilities, and maintaining such facilities. Carriers must therefore be aware of and adhere to any new requirements that may arise under the Timor Sea Treaty, particularly those that may affect telecommunications activities in the Joint Petroleum Development Area (JPDA) or elsewhere. The failure to comply with the obligations outlined in the Telecommunications Amendment Regulations 2005 (No. 1) may result in penalties or other legal consequences. The Telecommunications Act 1997 itself does not explicitly outline penalties for breaches of the regulations; however, non-compliance with regulations made under the Act could potentially lead to enforcement actions by the relevant authorities, such as the Australian Communications and Media Authority (ACMA). Such actions could include fines, orders for corrective action, or other remedies deemed appropriate by the regulatory body. The precise penalties would be determined based on the specific nature of the breach and the regulatory context.

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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.