Commonwealth Numbered Regulations - Explanatory Statements

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Statutory Rules 1991 No. 119

Radiocommunications (Australia-Indonesia Zone of Cooperation Treaty) Regulations

Issued by the Authority of the Minister for Transport and Communications

Subsection 93(1) of the Radiocommunications Act 1983 (the Act) provides that the Governor-General may make regulations for the purposes of the Act.

Subsection 7(1) of the Act provides that the Minister, in exercising powers conferred on him by various Parts of the Act, shall have regard to any agreement between Australia and another country or countries being an agreement that makes provision for or in relation to radio transmission, and shall have regard to any prescribed instrument or writing.

On 11 December 1989 the Foreign Ministers of Australia and Indonesia signed the 'Treaty between Australia and the Republic of Indonesia on the Zone of Co-operation in an area between the Indonesian Province of East Timor and Northern Australia' (the Treaty). The Treaty basically relates to the control of activities associated with petroleum exploration and exploitation in a designated zone of co-operation in the Timor Gap. The Treaty came into force on 9 February 1991. The substantive legislation to give effect to the Treaty in Australia, the Petroleum (Australia-Indonesia Zone of Cooperation) Act 1990 was Proclaimed (on 15 January 1991) to commence on 9 February 1991.

The Attorney-General's Department (A-G's) advised that so that the administration of the Act does not impose inappropriate constraints on communications to or from Indonesia, which would be inconsistent with the Treaty, it is necessary to make regulations under subsection 7(1) of the Act to provide that the Minister shall have regard to the Treaty when exercising his relevant powers under the Act.

The Radiocommunications (Australia-Indonesia Zone of Cooperation Treaty) Regulations give effect to the A-G's advice.

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