Commonwealth Numbered Regulations - Explanatory Statements

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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).


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