Telecommunications (Compliance with International Agreements) Amendment Regulations 2000 (No. 1) 2000 No. 222
EXPLANATORY STATEMENT
STATUTORY RULES 2000 No. 222
Issued by the Authority of the Minister for Communications, Information Technology and the Arts
Telecommunications Act 1997
Telecommunications (Compliance with International Agreements) Amendment Regulations 2000 (No. 1)
Section 594 of the Telecommunications Act 1997 (the Act) allows the Governor-General to make regulations prescribing matters required or permitted by the Act to be prescribed.
Schedule 3 to the Act enables carriers to enter on land and exercise the following powers:
(a) the power to inspect the land to determine whether the land is suitable for the carrier's purposes;
(b) the power to install a facility on the land; and
(c) the power to maintain a facility that is situated on the land.
"Land" is defined in clause 2 of Schedule 3 to include submerged land.
If the carrier engages in any of these activities, clause 13 of Schedule 3 to the Act requires the carrier to do so in a manner that is consistent with Australia's obligations under a listed international agreement that is relevant to the activity. Clause 2 of Schedule 3 defines listed international agreement to mean an international agreement specified in the regulations. Regulation 3 of the Telecommunications (Compliance with International Agreements) Regulations 199 7 provides that, for clause 2 of Schedule 3 to the Act, an agreement mentioned in the Schedule is a listed international agreement. Item 22 of Schedule 1 to the Telecommunications (Compliance with International Agreements) Regulations 199 7 lists the Treaty on the Zone of Cooperation in an Area between the Indonesian Province of East Timor and Northern Australia (the Timor Gap Treaty).
The purpose of the Regulations is to update the name of the international agreement listed at item 22 of Schedule 1 to the Telecommunications (Compliance with International Agreements) Regulations 1997. This name change has arisen as a consequence of the assumption of Indonesia's rights and obligations under the Treaty by UNTAET (United Nations Transitional Administration in East Timor).
The accompanying Regulations commence on gazettal.
Details of the accompanying Regulations are set out in the Attachment.
ATTACHMENT
Telecommunications (Compliance with International Agreements) Amendment Regulations 2000 (No. 1)
Regulation 1 - Name of Regulations
Regulation 1 provides that the Regulations are named the Telecommunications (Compliance with International Agreements) Amendment Regulations 2000 (No. 1).
Regulation 2 - Commencement
Regulation 2 provides that the Regulations commence on gazettal.
Regulation 3 - Amendment of Telecommunications (Compliance with International Agreements) Regulations
Regulation 3 provides that Schedule 1 amends the Telecommunications (Compliance with International Agreements) Regulations (the Principal Regulations).
Schedule 1 - Amendments
Item 1 - Regulation 1
Item 1 provides that the name of the Principal Regulations is the Telecommunications (Compliance with International Agreements) Regulations 1997.
Item 2 - Schedule 1, item 22
Item 2 substitutes a new item 22 of Schedule 1 to update the reference to the international agreement formerly known as the "Treaty on the Zone of Cooperation in an Area between the Indonesian Province of East Timor and Northern Australia (Timor Gap Treaty)" so that the reference is to "The Timor Gap Treaty (being the Treaty defined by subsection 5 (1) of the Petroleum (Timor Gap Zone of Cooperation) Act 1990)". The change to the name of the Treaty is a consequence of the assumption of Indonesia's rights and obligations under the Treaty by UNTAET (United Nations Transitional Administration in East Timor).
Overview
The Telecommunications (Compliance with International Agreements) Amendment Regulations 2000 (No. 1) were enacted to address the need for updating the name of an international agreement listed in the Telecommunications (Compliance with International Agreements) Regulations 1997. This was necessitated by the change in the administration of rights and obligations under the Timor Gap Treaty from Indonesia to the United Nations Transitional Administration in East Timor (UNTAET). These regulations were made under the authority of the Minister for Communications, Information Technology and the Arts, in accordance with Section 594 of the Telecommunications Act 1997, which allows the Governor-General to prescribe regulations as required by the Act. The policy objective behind these amendments was to ensure that telecommunications activities in Australia comply with updated international agreements, reflecting the current geopolitical landscape and maintaining Australia's international obligations. The Regulations were designed to take effect from the date of their gazette.
Scope and Application
The Telecommunications (Compliance with International Agreements) Amendment Regulations 2000 (No. 1) pertains to entities and individuals engaged in telecommunications activities in Australia, specifically those who must comply with international agreements as stipulated by the Telecommunications Act 1997. These regulations are instrumental in ensuring that telecommunications carriers abide by Australia's commitments under relevant international agreements when performing activities such as inspecting, installing, or maintaining telecommunications facilities on land, including submerged land. The scope of these regulations extends nationally, aligning with Australia's obligations under international agreements specified in the Act. Notably, the regulations update the name of an existing international agreement due to the assumption of Indonesia's rights and obligations under the Timor Gap Treaty by UNTAET. This change is reflected in the amendment of the Telecommunications (Compliance with International Agreements) Regulations 1997, ensuring that references to the agreement now align with the Petroleum (Timor Gap Zone of Cooperation) Act 1990. The Regulations themselves commence upon gazette publication and provide subordinate instrument mechanisms to extend or refine their application as needed.
Key Provisions
The Telecommunications (Compliance with International Agreements) Amendment Regulations 2000 (No. 1) primarily update the name of a listed international agreement within the existing regulatory framework established by the Telecommunications (Compliance with International Agreements) Regulations 1997. The main operative sections are Regulation 3 (which amends the Principal Regulations) and Schedule 1, Item 2, which specifically updates the name of the Timor Gap Treaty to reflect the change in jurisdiction under the Petroleum (Timor Gap Zone of Cooperation) Act 1990. This means that telecommunications carriers must now refer to the Treaty as "The Timor Gap Treaty (being the Treaty defined by subsection 5 (1) of the Petroleum (Timor Gap Zone of Cooperation) Act 1990)" when engaging in activities such as inspecting land, installing, or maintaining facilities on land, as permitted under Section 594 of the Telecommunications Act 1997.
These Regulations impose certain obligations on telecommunications carriers to ensure that their activities comply with Australia's international obligations. Specifically, Section 594 of the Telecommunications Act 1997 mandates that any activities related to inspecting, installing, or maintaining facilities on land must be carried out in a manner consistent with Australia's obligations under relevant international agreements. The Regulations, by updating the name of the Timor Gap Treaty, ensure that carriers remain compliant with these obligations under the new legal framework established by the Petroleum (Timor Gap Zone of Cooperation) Act 1990.
Failure to comply with the provisions of these Regulations could potentially lead to legal consequences. Although the Regulations themselves do not explicitly outline specific offences or penalties for non-compliance, the broader framework under the Telecommunications Act 1997 may impose sanctions. For instance, any actions that result in non-compliance with the Act's requirements could lead to civil or criminal penalties, depending on the severity and intent behind the non-compliance. The Act includes provisions for penalties, which can include fines and imprisonment, though the specific penalties would be determined based on the context of the breach and the provisions of the primary legislation. Therefore, carriers must ensure that their activities align with both the Regulations and the overarching Act to avoid any potential legal repercussions.