{"id":"F2004B00454","name":"Telecommunications (International Conventions) Notification No. 1 of 1997","slug":"telecommunications-international-conventions-notification-no-1-of-1997","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":31455,"registerId":"commonwealth-F2004B00454-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Telecommunications (International Conventions) Notification No. 1 of 1997","content":"COMMONWEALTH OF AUSTRALIA\n\nTelecommunications Act 1997\n\nTelecommunications (International Conventions)\n\nNotification No. 1 of 1997\n\nI, 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.\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\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":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"This notification extends the practical scope of what the telecommunications regulator is formally asked to consider beyond narrowly telecom‑specific instruments. Although s.580 permits notifying international conventions, the Schedule includes many instruments that are not purely telecommunications instruments (examples: Ramsar Convention (Item 4), Convention on Biological Diversity (Item 33), UNFCCC (Item 34), Basel Convention on hazardous wastes (Item 29), World Heritage Convention (Item 9), and the UN Convention on the Law of the Sea (Item 21)). By listing a broad suite of environmental, maritime, trade and space treaties alongside classical telecom instruments (ITU, INTELSAT, INMARSAT, COSPAS‑SARSAT), the notification broadens the set of international obligations the regulator is expected to monitor and potentially give effect to in its decision‑making, thereby increasing the regulator’s effective domain compared with a narrower, telecom‑only list."},"complexity_factors":["Single operative act (one paragraph) under section 580 of the Telecommunications Act 1997 — low statutory complexity in drafting","Schedule lists 39 separate international instruments (Items 1–39), creating breadth rather than conditional complexity","Several instruments are multi‑part (e.g., 'Agreement' plus 'Operating Agreement' for INTELSAT/INMARSAT; ITU Constitution plus Optional Protocol) increasing interpretive cross‑links","Multiple instruments are noted 'as amended' — implies cross‑referencing to later amendment texts which raises practical complexity","Cross‑sector scope (telecommunications, maritime law, space law, environmental treaties, WTO trade instruments) increases operational complexity for regulators required to consider them","No definitions, conditions, or procedural rules in the notification — simplicity of form but leaves substantive complexity to other laws and regulatory practice"],"plain_english_summary":"**What this instrument does (mechanically)**\n\n- This is a ministerial notification made under section 580 of the Telecommunications Act 1997. The Minister tells the Australian Communications Authority (the regulator) — by listing them in the Schedule — which international conventions the regulator is to be notified of. The Schedule lists 39 named international conventions, agreements and related instruments (many with stated amendments).\n\n**Who it affects**\n\n- The Minister (who exercises the power in s.580) — by choosing to notify these instruments.\n- The Australian Communications Authority (the recipient of the notification).\n- Regulated parties in sectors that intersect with the listed instruments — notably telecommunications carriers, satellite operators, search-and-rescue services, and (indirectly) businesses affected by trade, maritime, environment or space-related obligations — because the regulator may take these instruments into account when performing its statutory functions.\n\n**Why it matters and how it works in practice**\n\n- The notification does not itself change Australian domestic law. Instead it formally informs the regulator which international instruments the Minister considers relevant (s.580 is the legal hook used).\n\n- Several items in the list are directly telecommunications‑related (for example: the International Telecommunication Union constitution and regulations; INTELSAT and INMARSAT agreements and operating agreements; COSPAS‑SARSAT search and rescue arrangements; WTO telecommunications commitments). Those are likely to be directly relevant to the regulator’s core functions (spectrum planning, satellite earth station use, international signalling, contractual arrangements with satellite bodies).\n\n- The Schedule also contains many non‑telecommunications instruments (for example: environmental treaties such as the Ramsar Convention, the Convention on Biological Diversity, the UN Framework Convention on Climate Change; maritime and pollution treaties; the UN Convention on the Law of the Sea). Their inclusion signals the Minister’s view that the regulator should be aware of these instruments when exercising powers that touch on those subject matters (for example, submarine cable protection, maritime limits on ship‑borne earth stations, disposal of electronic waste or hazardous waste rules where telecom equipment is concerned).\n\n**Policy rationale (as claimed) and a brief test against implementation trade‑offs**\n\n- The stated vehicle is administrative: notify the regulator so it can consider international obligations when performing its duties. The claimed benefit is better alignment between Australia’s international commitments and regulatory practice (for example, respecting ITU instruments in spectrum and international carriage decisions).\n\n- Costs and trade‑offs: the notification itself has low direct fiscal cost. The principal costs are indirect: compliance or operational changes by regulated firms if the regulator acts on those instruments (for example, new licensing conditions for satellite services, adjustments to submarine cable protection, or additional reporting). Those costs fall on the regulated businesses and potentially on consumers (if compliance raises service costs).\n\n- Incentives and discretion: the Minister decides what to notify; the regulator decides how much weight to give those instruments in its regulatory actions. That creates discretionary space within the regulator: it may adopt formal rule changes to implement aspects of these instruments, or it may treat them as background policy considerations.\n\n- Opportunity costs and implementation risk: listing broad, cross‑sector instruments increases the areas the regulator must monitor (environmental, maritime, trade, space), which may stretch its expertise and resources or require coordination with other agencies. Where instruments are international and partly normative (non‑self‑executing), translation into enforceable domestic rules would require further legislative or regulatory steps.\n\n**Concrete who/what changes and likely effects**\n\n- Who pays: primarily regulated entities if the regulator implements measures based on the listed instruments. Administrative monitoring costs are borne by the regulator (and ultimately the Commonwealth budget).\n\n- Who decides: the Minister decides what to notify (this instrument); the regulator decides whether and how to act on the notification when exercising statutory powers.\n\n- Behaviour change: the regulator may incorporate the listed instruments into licensing conditions, spectrum allocation, satellite coordination, or guidance. Operators (carriers, satellite providers, earth station operators) may need to adjust technical or operational arrangements to comply with regulator decisions that reflect these instruments.\n\n**Examples of concrete linkages (mechanisms), with Schedule items cited**\n\n- Submarine cable protection: Convention for the Protection of Submarine Telegraph Cables (Item 1) — could inform regulator or government positions on cable protection and permitting in maritime zones.\n\n- Spectrum and international radio coordination: ITU Constitution and Regulations (Item 35) — directly relevant to spectrum management, coordination and international frequency assignments.\n\n- Satellite organisations and earth stations: INTELSAT/INMARSAT Agreements and Operating Agreements (Items 5, 6, 16, 17) and INMARSAT ship earth station agreement (Item 23) — relevant to licensing and use of maritime/shipboard earth stations.\n\n- Search and rescue satellite services: COSPAS‑SARSAT (Items 28 and 32) — relevant to operational coordination for distress beacons and ground segment providers.\n\n- Trade and market access commitments affecting telecommunications: WTO Agreement and WTO telecom/GATS commitments (Items 36, 38, 39) — potentially relevant to competition, foreign investment and market access aspects of telecommunications services.\n\n**Bottom line**\n\n- The instrument is an administrative notification under s.580 that formally informs the telecommunications regulator of 39 international instruments the Minister considers relevant. It does not itself create domestic legal obligations, but it delegates to the regulator the task of taking these international instruments into account — which can lead to regulatory changes affecting carriers, satellite operators and others. The main implementation costs and compliance burdens arise only if and when the regulator acts to give effect to those instruments in domestic regulation or licensing (Schedule, Items 1–39; notification under s.580)."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This notification performs exactly the function intended by section 580 of the Telecommunications Act 1997 - to notify the regulator of relevant international conventions. The broad range of conventions listed (from 1884 submarine cable protection to 1997 WTO telecom agreements) reflects the diverse international obligations touching on telecommunications, rather than scope creep."},"complexity_factors":["Single operative provision (section 580 notification)","No defined terms within the instrument itself","Simple tabular schedule listing conventions with basic metadata (name, location, date)","No conditional logic or exceptions","Straightforward administrative action with no substantive legal rules created","Cross-reference only to enabling Act section (s.580 Telecommunications Act 1997)"],"plain_english_summary":"This is a formal notification made by the Minister for Communications and the Arts in 1997 under the Telecommunications Act 1997. The Minister is telling the Australian Communications Authority (the former telecoms regulator) about 39 international conventions that Australia has signed up to. These conventions cover a wide range of topics including submarine cables, satellite communications, environmental protection, maritime safety, and trade agreements. By notifying the Authority, the Minister ensures the regulator knows which international rules Australia must follow when making decisions about telecommunications. This matters because it helps ensure Australia's telecom laws and regulations stay consistent with our international obligations."},"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"}},"importantCases":[],"_links":{"self":"/api/acts/telecommunications-international-conventions-notification-no-1-of-1997","history":"/api/acts/telecommunications-international-conventions-notification-no-1-of-1997/history","analysis":"/api/acts/telecommunications-international-conventions-notification-no-1-of-1997/analysis","conflicts":"/api/acts/telecommunications-international-conventions-notification-no-1-of-1997/conflicts","importantCases":"/api/acts/telecommunications-international-conventions-notification-no-1-of-1997/important-cases","documents":"/api/acts/telecommunications-international-conventions-notification-no-1-of-1997/documents"}}