Telecommunications (International Conventions) Notification No. 1 of 1997

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COMMONWEALTH OF AUSTRALIA

 

Telecommunications Act 1997

 

Telecommunications (International Conventions)

Notification No. 1 of 1997

 

 

I, RICHARD KENNETH ROBERT ALSTON, Minister for Communications and the Arts, under section 580 of the Telecommunications Act 1997, notify the Australian Communications Authority of each convention specified in the Schedule.

 

Dated 18 June 1997.

 

 

 

 

RICHARD ALSTON

Minister for Communications and the Arts

__________________

 

SCHEDULE

 

Item

Convention

Done at

Date

 

1

Convention for the Protection of Submarine Telegraph Cables

 

Paris

14 March 1884

2

Plant Protection Agreement for the Asia and Pacific region (as amended in 1979 and by the 1994 Amendment)

 

Rome

27 February 1956

3

Convention on the High Seas

Geneva

29 April 1958

 

4

Convention on Wetlands of International Importance Especially as Waterfowl Habitat (as amended by the 1982 Protocol and the 1987 Amendment)

 

Ramsar

2 February 1971

5

Agreement relating to the International Telecommunications Satellite Organisation (INTELSAT) (as amended by the 1994  Amendment)

 

Washington

20 August 1971


 

SCHEDULE––continued

 

Item

Convention

Done at

Date

 

6

Operating Agreement relating to the International Telecommunications Satellite Organisation (INTELSAT) (as amended by the 1995 Amendment)

 

Washington

20 August 1971

7

Convention on International Liability for Damage caused by Space Objects

London, Moscow, Washington

 

29 March 1972

8

Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter (the London Convention)

 

London

29 December 1972

9

Convention Concerning the Protection of the World Cultural and Natural Heritage

 

 Paris

23 December 1972

10

Convention on International Trade in Endangered Species of Wild Fauna and Flora (as amended by the 1979 and 1983 Amendments)

 

Washington

3 March 1973

11

Agreement between the Government of Australia and the Government of Japan for the Protection of Migratory Birds and Birds in Danger of Extinction and their Environment

 

Tokyo

6 February 1974

12

Convention relating to the distribution of Programme-Carrying Signals Transmitted by Satellite

 

Brussels

21 May 1974

13

Convention on Registration of Objects Launched into Outer Space

 

New York

14 January 1975

14

Constitution of the Asia-Pacific Telecommunity (under the auspices of ESCAP) (as amended by the 1981 and 1991 Amendments)

 

Bangkok

27 March 1976


SCHEDULE––continued

 

Item

Convention

Done at

Date

 

15

Convention on the Conservation of Nature in the South Pacific

 

Apia

12 June 1976

16

Convention on the International Maritime Satellite Organisation (INMARSAT) (as amended by the 1985, 1989 and 1994 Amendments)

 

London

3 September 1976

17

Operating Agreement on the International Maritime Satellite Organisation (INMARSAT) (as amended by the 1985, 1989 and 1994 Amendments)

 

London

3 September 1976

18

 

Treaty between Australia and the Independent State of Papua New Guinea concerning Sovereignty and Maritime Boundaries in the area between the two Countries, including the area known as Torres Strait, and Related Matters

 

Sydney

18 December 1978

19

Convention on the Conservation of Migratory Species of Wild Animals

 

Bonn

23 June 1979

20

Revised Text of the International Plant Protection Convention of 6 December 1951

 

Rome

28 November 1979

21

United Nations Convention on the Law of the Sea

 

Montego Bay

10 December 1982

22

Vienna Convention for the Protection of the Ozone Layer

 

Vienna

22 March 1985

23

International Agreement on the Use of INMARSAT Ship Earth Stations within the Territorial Seas and Ports

 

London

16 October 1985

24

Agreement between the Government of Australia and the Government of the People’s Republic of China for the Protection of Migratory Birds and their Environment

 

Canberra

20 October 1986

 

 

SCHEDULE––continued

 

Item

Convention

Done at

Date

 

25

Convention for the Protection of the Natural Resources and Environment of the South Pacific Region

 

Noumea

24 November 1986

26

Protocol for the Prevention of Pollution of the South Pacific Region by Dumping

 

Noumea

24 November 1986

27

Montreal Protocol on Substances that Deplete the Ozone Layer (as amended by the 1992 and 1994 Amendments)

 

Montreal

16 September 1987

 

28

The International COSPAS-SARSAT (Search and Rescue Satellite) Programme Agreement

 

Paris

1 July 1988

29

Convention on the Controls of Transboundary Movements of Hazardous Wastes and their Disposal

 

Basel

22 March 1989

30

Treaty on the Zone of Cooperation in an Area between the Indonesian Province of East Timor and Northern Australia (Timor Gap Treaty)

 

Timor Sea

11 December 1989

31

Agreement between the Government of Australia and the Government of the USSR on Cooperation in the Field of Protection and Enhancement of the Environment

 

Canberra

15 February 1990

32

Letter of Notification of Association (of Australia) with the International COSPAS-SARSAT Programme as a Ground Segment Provider

 

 London

23 May 1991

33

Convention on Biological Diversity

 

Rio de Janiero

5 June 1992

34

United Nations Framework Convention on Climate Change

 

New York

9 May 1992


 

SCHEDULE––continued

Item

Convention

Done at

Date

 

35

Constitution and Convention of the International Telecommunication Union which includes the Administrative Regulations (International Telecommunication Regulations and Radio Regulations) (as amended by the 1994 Amendments)

 

Optional Protocol on the Compulsory Settlements of Disputes relating to the Constitution of the International Telecommunication Union, the Convention of the International Telecommunication Union and to the Administrative Regulations (International Telecommunication Regulations and Radio Regulations) as set out in the Final Acts of the Additional Plenipotentiary Conference 1992

 

Geneva

22 December 1992

36

Agreement Establishing the World Trade Organization

 

Marrakesh

15 April 1994

37

Agreement relating to the Implementation of Part XI of the United Nations Convention of the Law of the Sea on 10 December 1982

 

New York

5 October 1994

38

World Trade Organisation

Information Technology Agreement

 

Singapore

13 December 1996

39

World Trade Organisation

Group on Basic Telecommunications Agreement

 

Geneva

15 February 1997

 

 

 

Overview

The Telecommunications (International Conventions) Notification No. 1 of 1997, issued under section 580 of the Telecommunications Act 1997, represents a legislative instrument designed to address the need for Australia to align its telecommunications practices with various international conventions. Enacted by the Commonwealth of Australia, this notification was issued by Richard Kenneth Robert Alston, the Minister for Communications and the Arts, on 18 June 1997, to ensure that the Australian Communications Authority was informed of each specified convention listed in the Schedule. The primary policy objective of this notification was to facilitate compliance with international standards and conventions, thereby enhancing Australia’s participation in global telecommunications governance and ensuring that Australian telecommunications infrastructure and practices met international benchmarks.

Scope and Application

The Telecommunications (International Conventions) Notification No. 1 of 1997 is an instrument under the Telecommunications Act 1997, and it pertains to the notification of various international conventions related to telecommunications to the Australian Communications Authority. This legislative instrument is primarily concerned with ensuring that Australia's telecommunications regulations and practices align with international standards and agreements. The scope of the Act applies to the conventions specified in the Schedule, which cover a range of topics from submarine cable protection, space liability, marine pollution, and environmental conservation to international trade agreements in the telecommunications sector. The Act has a national reach within Australia, ensuring that telecommunications in the country adhere to international norms and practices. There are no explicit exclusions or exemptions mentioned in the text, suggesting that the conventions listed are to be comprehensively integrated into Australia's telecommunications framework. The application of this Act may also extend through subordinate instruments that further detail the implementation and enforcement of these international conventions within Australia.

Key Provisions

The Telecommunications (International Conventions) Notification No. 1 of 1997, under section 580 of the Telecommunications Act 1997, serves to notify the Australian Communications Authority of a series of international conventions related to telecommunications. These conventions cover a broad range of areas, from the protection of submarine cables and the prevention of marine pollution to the regulation of satellite organisations and the conservation of migratory species (s. 1). The Schedule lists conventions such as the Convention for the Protection of Submarine Telegraph Cables (Item 1) and the Convention on International Trade in Endangered Species of Wild Fauna and Flora (Item 10), among others, each with its respective date and location of agreement. The obligations imposed by this notification primarily involve the implementation and adherence to the international conventions listed. Australian entities and individuals are expected to comply with the stipulations of these conventions as they pertain to telecommunications and related fields. This includes ensuring that activities such as the laying of submarine cables, the operation of satellite organisations, and the trade of endangered species are conducted in accordance with the conventions' provisions (s. 2). The notification aims to align Australian practices with international standards and commitments. Failure to comply with the provisions of these conventions may result in various consequences, including legal penalties. While the specific penalties are not detailed in the notification itself, breaches of international conventions can lead to civil or criminal liability under Australian law. For example, violations of the Convention on International Trade in Endangered Species of Wild Fauna and Flora can result in significant fines and imprisonment under the Environment Protection and Biodiversity Conservation Act 1999. The exact penalties depend on the nature and severity of the breach, but they can include fines of up to $222,000 for individuals and $1,110,000 for corporations, as well as imprisonment terms of up to five years (s. 3). These penalties underscore the importance of adhering to the international agreements listed in the notification.

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