{"id":"F2004B00453","name":"Telecommunications (Compliance with International Conventions) Declaration No. 1 of 1997","slug":"telecommunications-compliance-with-international-conventions-declaration-no-1-of-1997","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":31454,"registerId":"commonwealth-F2004B00453-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Telecommunications (Compliance with International Conventions) Declaration No. 1 of 1997","content":"COMMONWEALTH OF AUSTRALIA\n\nTelecommunications Act 1997\n\nTelecommunications (Compliance with International Conventions) Declaration No. 1 of 1997\n\nI, RICHARD KENNETH ROBERT ALSTON, Minister for Communications and the Arts, under subsection 366(2) of the Telecommunications Act 1997, declare that, for the purposes of section 366 of that Act, the conventions specified in the Schedule are binding in relation to persons that are carriers or carriage service providers within the meaning of that Act.\n\nDated 18 June 1997.\n\nRICHARD ALSTON\n\nMinister for Communications and the Arts\n\n\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\n\nSCHEDULE\n\n| Item | Convention | Done at | Date |\n| ---- | ------------------------------------------------------------------------------------------------------------------------------------------- | ---------- | ---------------- |\n| 1 | Convention for the Protection of Submarine Telegraph Cables | Paris | 14 March 1884 |\n| 2 | Plant Protection Agreement for the Asia and Pacific region (as amended in 1979 and by the 1994 Amendment) | Rome | 27 February 1956 |\n| 3 | Convention on the High Seas | Geneva | 29 April 1958 |\n| 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 |\n| 5 | Agreement relating to the International Telecommunications Satellite Organisation (INTELSAT) (as amended by the 1994 Amendment) | Washington | 20 August 1971 |\n\n \n\nSCHEDULE––continued\n\n| Item | Convention | Done at | Date |\n| ---- | ----------------------------------------------------------------------------------------------------------------------------------------------------------------------- | -------------------------- | ---------------- |\n| 6 | Operating Agreement relating to the International Telecommunications Satellite Organisation (INTELSAT) (as amended by the 1995 Amendment) | Washington | 20 August 1971 |\n| 7 | Convention on International Liability for Damage caused by Space Objects | London, Moscow, Washington | 29 March 1972 |\n| 8 | Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter (the London Convention) | London | 29 December 1972 |\n| 9 | Convention Concerning the Protection of the World Cultural and Natural Heritage | Paris | 23 December 1972 |\n| 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 |\n| 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 |\n| 12 | Convention relating to the distribution of Programme-Carrying Signals Transmitted by Satellite | Brussels | 21 May 1974 |\n| 13 | Convention on Registration of Objects Launched into Outer Space | New York | 14 January 1975 |\n| 14 | Constitution of the Asia-Pacific Telecommunity (under the auspices of ESCAP) (as amended by the 1981 and 1991 Amendments) | Bangkok | 27 March 1976 |\n\n \nSCHEDULE––continued\n\n| Item | Convention | Done at | Date |\n| ---- | --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- | ----------- | ---------------- |\n| 15 | Convention on the Conservation of Nature in the South Pacific | Apia | 12 June 1976 |\n| 16 | Convention on the International Maritime Satellite Organisation (INMARSAT) (as amended by the 1985, 1989 and 1994 Amendments) | London | 3 September 1976 |\n| 17 | Operating Agreement on the International Maritime Satellite Organisation (INMARSAT) (as amended by the 1985, 1989 and 1994 Amendments) | London | 3 September 1976 |\n| 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 |\n| 19 | Convention on the Conservation of Migratory Species of Wild Animals | Bonn | 23 June 1979 |\n| 20 | Revised Text of the International Plant Protection Convention of 6 December 1951 | Rome | 28 November 1979 |\n| 21 | United Nations Convention on the Law of the Sea | Montego Bay | 10 December 1982 |\n| 22 | Vienna Convention for the Protection of the Ozone Layer | Vienna | 22 March 1985 |\n| 23 | International Agreement on the Use of INMARSAT Ship Earth Stations within the Territorial Seas and Ports | London | 16 October 1985 |\n| 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 |\n\n \n\nSCHEDULE––continued\n\n| Item | Convention | Done at | Date |\n| ---- | --------------------------------------------------------------------------------------------------------------------------------------------------------- | -------------- | ----------------- |\n| 25 | Convention for the Protection of the Natural Resources and Environment of the South Pacific Region | Noumea | 24 November 1986 |\n| 26 | Protocol for the Prevention of Pollution of the South Pacific Region by Dumping | Noumea | 24 November 1986 |\n| 27 | Montreal Protocol on Substances that Deplete the Ozone Layer (as amended by the 1992 and 1994 Amendments) | Montreal | 16 September 1987 |\n| 28 | The International COSPAS-SARSAT (Search and Rescue Satellite) Programme Agreement | Paris | 1 July 1988 |\n| 29 | Convention on the Controls of Transboundary Movements of Hazardous Wastes and their Disposal | Basel | 22 March 1989 |\n| 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 |\n| 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 |\n| 32 | Letter of Notification of Association (of Australia) with the International COSPAS-SARSAT Programme as a Ground Segment Provider | London | 23 May 1991 |\n| 33 | Convention on Biological Diversity | Rio de Janiero | 5 June 1992 |\n| 34 | United Nations Framework Convention on Climate Change | New York | 9 May 1992 |\n\n \n\nSCHEDULE––continued\n\n```html\n

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

\n```","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The declaration performs exactly the function intended by section 366 of the Telecommunications Act 1997: to specify which international conventions bind carriers and carriage service providers. The broad range of conventions (spanning environment, trade, space, and maritime law) reflects the diverse international obligations that intersect with telecommunications infrastructure and services, rather than scope creep. The mechanism is working as designed."},"complexity_factors":["Single operative provision (subsection 366(2) declaration) with straightforward legal effect","No defined terms within the instrument itself (relies on definitions in parent Act)","No conditional logic, exceptions, or cross-references within the text","Complexity arises only from the external nature of the 39 scheduled conventions, which are not reproduced in full","Simple tabular schedule listing conventions with basic metadata (name, location, date)","Minimal legislative text—essentially a ministerial certificate with an attached list"],"plain_english_summary":"This is a ministerial declaration made under the Telecommunications Act 1997 that makes 39 international conventions legally binding on Australian telecommunications companies (carriers and carriage service providers).\n\n**What it does:**\n- Requires phone companies, internet providers, and other telecom businesses to comply with specific international treaties\n- These treaties cover diverse areas including:\n - **Telecommunications infrastructure** (submarine cables, satellite systems like INTELSAT and INMARSAT, international telecom regulations)\n - **Environmental protection** (wetlands, marine pollution, ozone layer, biodiversity, climate change)\n - **Wildlife conservation** (migratory birds, endangered species)\n - **Maritime and space law** (law of the sea, space object liability, search and rescue satellites)\n - **Trade agreements** (World Trade Organization agreements on information technology and basic telecommunications)\n\n**Who it affects:**\n- Carriers (companies that own telecom networks, like Telstra, Optus)\n- Carriage service providers (companies that provide phone/internet services using those networks)\n\n**Why it matters:**\n- Ensures Australian telecom companies operate consistently with Australia's international obligations\n- Prevents companies from damaging submarine cables, protected wetlands, or wildlife habitats when building infrastructure\n- Aligns Australian telecom regulation with global standards and trade commitments\n- Creates legal consequences if telecom companies breach these international conventions"},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"This declaration broadens the practical regulatory reach of the Telecommunications Act in relation to carriers and carriage service providers by importing a wide and cross‑sectoral list of international instruments (39 items). While the Act provides the power to make such declarations, this particular list extends coverage beyond narrowly technical telecom instruments to include maritime, environmental, space and trade treaties. The result is that obligations outside the core, traditional technical/regulatory remit of telecommunications (for example environmental protection, biodiversity, and broader international trade commitments) become relevant to carriers’ compliance obligations — a substantive widening of scope compared with a narrow, telecom‑only regime. The change is implemented by declaration rather than by amending primary legislation, but it materially expands the set of international norms that will be treated as binding on carriers for the purposes of the Act."},"complexity_factors":["Single operative clause invoking subsection 366(2) of the Telecommunications Act 1997 (simple legal mechanism)","Schedule lists 39 separate items (wide range of instruments across domains)","Several Schedule items reference amended texts and protocols (e.g. 1979/1983/1994 amendments), adding interpretive complexity","Some items bundle more than one instrument together (e.g. Item 35 includes the ITU Constitution, Administrative Regulations and an Optional Protocol)","Cross-sectoral nature of many instruments (telecoms, maritime, space, environment, trade) creates operational complexity for affected firms","Reliance on external instruments rather than prescribing domestic obligations means legal effect depends on interpretation and downstream regulatory action (implementation uncertainty)"],"plain_english_summary":"**What this instrument does (mechanically)**\n\n- The Minister for Communications and the Arts uses the power in subsection 366(2) of the Telecommunications Act 1997 to declare that specified international conventions are “binding” on persons who are carriers or carriage service providers under that Act. In plain terms, the declaration makes the listed international instruments relevant to and enforceable in relation to those entities for the purposes of section 366 of the Act.\n\n**Who it affects**\n\n- Primary affected parties are carriers and carriage service providers (telecommunications network operators and service providers as defined in the Telecommunications Act). That includes firms that operate submarine cables, satellite services, ship earth stations, and other telecommunications infrastructure or services that interact with the subject-matter of the listed conventions.\n\n**What conventions are covered (examples of how they connect to telecoms)**\n\n- The Schedule lists 39 international instruments, including: the 1884 Convention for the Protection of Submarine Telegraph Cables (Item 1); multiple satellite/telecommunications instruments such as the INTELSAT and INMARSAT Agreements and Operating Agreements (Items 5, 6, 16, 17, 23, 28, 32); the ITU Constitution and Administrative Regulations and an accompanying Optional Protocol (Item 35); and broader instruments such as the Agreement Establishing the WTO and its telecommunications-related commitments (Items 36, 38, 39). The Schedule also includes maritime, space, environmental and biodiversity treaties (for example, UNCLOS, the Space Liability and Registration Conventions, Ramsar, CITES, and UNFCCC).\n\n**Why it matters (official purpose, then practical implications)**\n\n- Officially, the declaration brings relevant international obligations into the domestic regulatory frame for carriers and carriage service providers so that their activities can be tested against those international standards under the Telecommunications Act (that is the stated purpose implicit in using s.366(2)).\n\n- Practically, the declaration (a) places or clarifies legal obligations on telecommunications operators whose activities intersect with these international regimes (for instance, protection of submarine cables, satellite coordination and licensing, use of ship earth stations, and co‑operation on search-and-rescue satellite services), (b) signals that regulators and courts may treat compliance with these instruments as part of the regulatory baseline for carriers, and (c) can trigger administrative steps, licensing conditions, or enforcement action tied to the content of the listed conventions.\n\n**Who pays and who decides**\n\n- Who decides: the Minister exercises the statutory power to make the declaration; enforcement and practical application will typically be exercised by the regulator (and courts) under the Act and any implementing rules.\n\n- Who pays (costs / compliance burden): carriers and carriage service providers bear the direct compliance costs — for example, changing operational practices, investing in protective measures for submarine cables, meeting satellite coordination or registration requirements, or accepting licence conditions derived from these instruments. Costs may be concentrated on firms that operate the relevant infrastructure (cable owners, satellite operators, shipping-related service providers), while the regulatory overhead is borne by government agencies administering and enforcing the obligations.\n\n**Incentives, trade-offs and implementation risks**\n\n- Incentives and behaviour changes: operators will be incentivised to align technical, operational and administrative processes with the listed conventions (e.g., notifying authorities about cable works, complying with satellite coordination and registration, avoiding damaging activities in protected environmental areas where telecom works intersect).\n\n- Trade-offs and opportunity costs: some conventions impose obligations that reach beyond narrow telecom operations (for example environmental or maritime treaties). Compliance may require investment or operational constraints that affect commercial decisions (site choice, routing of cables, timing of works), potentially raising costs or slowing deployment.\n\n- Implementation risk and ambiguity: the declaration itself lists conventions but does not, on its face, set out specific domestic duties, penalties or administrative procedures – those must be given effect through the Act’s enforcement mechanisms, licence conditions, or additional subordinate instruments. That creates a risk of uncertainty until regulators/courts clarify how each convention’s obligations translate into domestic regulatory requirements for carriers.\n\n**Concentrated benefits and diffuse costs**\n\n- Concentrated benefits will attach to entities that rely on clear international rules (for example satellite and submarine cable operators who gain predictable coordination rules). Costs are likely to be concentrated on the operators directly affected. Some costs (administrative, regulatory oversight) are borne by government; others (slower rollouts, higher compliance spending) are borne by consumers indirectly through potential price effects.\n\n**Bottom line (mechanical effect and practical consequence)**\n\n- Mechanically, the instrument expands the set of international instruments that the Telecommunications Act treats as binding on carriers and carriage service providers. Practically, that subjects affected telecom firms to an additional compliance overlay tied to those conventions (not by rewriting the Act, but by importing those international obligations into the Act’s compliance framework), and leaves to regulators and courts the work of mapping treaty duties to concrete domestic requirements and enforcement steps."}},"importantCases":[],"_links":{"self":"/api/acts/telecommunications-compliance-with-international-conventions-declaration-no-1-of-1997","history":"/api/acts/telecommunications-compliance-with-international-conventions-declaration-no-1-of-1997/history","analysis":"/api/acts/telecommunications-compliance-with-international-conventions-declaration-no-1-of-1997/analysis","conflicts":"/api/acts/telecommunications-compliance-with-international-conventions-declaration-no-1-of-1997/conflicts","importantCases":"/api/acts/telecommunications-compliance-with-international-conventions-declaration-no-1-of-1997/important-cases","documents":"/api/acts/telecommunications-compliance-with-international-conventions-declaration-no-1-of-1997/documents"}}