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2004-2005
THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA
HOUSE OF REPRESENTATIVES
ANGLO-AUSTRALIAN TELESCOPE AGREEMENT AMENDMENT BILL 2005
EXPLANATORY MEMORANDUM
(Circulated by authority of the Minister for Education, Science and
Training,
the Honourable Dr Brendan Nelson MP)
ANGLO-AUSTRALIAN TELESCOPE AGREEMENT AMENDMENT BILL 2005
OUTLINE
The Bill will amend the Anglo-Australian Telescope Agreement Act 1970 to
incorporate the Supplementary Agreement to the Anglo-Australian Telescope
Agreement.
The Supplementary Agreement is a treaty action between the Government of
the Commonwealth of Australia and the Government of the United Kingdom of
Great Britain and Northern Ireland. It was signed by both parties in
Canberra on 3 November 2005. In part it amends the original Anglo-
Australian Telescope Agreement ('the Agreement'), signed on 25 September
1969, to modify arrangements for the operation of the Anglo-Australian
Telescope (AAT) and associated facilities.
It also provides for the termination of both the original Agreement and the
Supplementary Agreement on 30 June 2010, with the transfer of ownership and
control of the AAT and associated facilities to Australia.
FINANCIAL IMPACT
The Bill has no direct financial impact. The Supplementary Agreement
requires Australia to make a minimum annual financial contribution to the
Anglo-Australian Telescope Board of A$500,000. Australia's annual
financial contribution is sourced from the annual budget appropriation.
The current budget forward estimates provide for $4.594 million in 2005-06,
$4.695 million in 2006-07, $4.798 million in 2007-08 and $4.903 million in
2008-09 for this purpose.
ANGLO-AUSTRALIAN TELESCOPE AGREEMENT AMENDMENT BILL 2005
NOTES ON CLAUSES
Clause 1 - Short title
Provides for the Act to be cited as the Anglo-Australian Telescope
Agreement Amendment Act 2005.
Clause 2 - Commencement
Subclause 2(1) inserts a three column table setting out commencement
information for various provisions in the Act. Each provision of the Act
specified in column 1 of the table commences (or is taken to have
commenced) in accordance with column 2 of the table and any other statement
in column 2 has effect according to its terms.
The table has the effect of providing for sections 1 to 3 of the Act (and
anything else in the Act not covered elsewhere in the Table) and for
Schedule 1 to commence on the later of the day on which the Act receives
the Royal Assent or the day on which the Supplementary Agreement between
the Government of the Commonwealth of Australia and the Government of the
United Kingdom of Great Britain and Northern Ireland concerning the Anglo-
Australian Optical Telescope, at Siding Spring, New South Wales, Australia,
done at Canberra on 3 November 2005, comes into force for Australia. If
the Supplementary Agreement does comes into force for Australia within 6
months of the Act receiving Royal Assent, then Schedule 1 does not commence
at all. The Minister must announce by notice in the Gazette the day on
which the Supplementary Agreement comes into force for Australia.
Subclause 2(2) provides that column 3 of the table is for additional
information which may be added to or edited in any published version of the
Act but that information in this column is not part of the Act.
Clause 3 - Schedule(s)
Provides that each Act that is specified in a Schedule is amended or
repealed as set out in the applicable items in the Schedule and that any
other item in a Schedule has effect according to its terms.
Schedule 1- Amendment of the Anglo-Australian Telescope Agreement Act 1970
Item 1 Section 4
Inserts a new definition of Agreement to include the Principal Agreement
and the Supplementary Agreement between the Government of the Commonwealth
of Australia and the Government of the United Kingdom of Great Britain and
Northern Ireland concerning the Anglo-Australian Optical Telescope, at
Siding Spring, New South Wales, Australia, done at Canberra on 3 November
2005.
Item 2 Section 4
Inserts a new definition of Principal Agreement to mean the Agreement
between the Government of the Commonwealth of Australia and the Government
of the United Kingdom of Great Britain and Northern Ireland to provide for
the Establishment and Operation of a Large Optical Telescope, done at
Canberra on 25 September 1969 or, if that Agreement is amended, that
Agreement as amended.
Item 3 Section 4 (definition of the Agreement)
Repeals the definition of the Agreement as a consequence of the new
definitions inserted by items 1 and 2.
Item 4 Section 5
Repeals section 5 which had provided for formal parliamentary approval of
the agreement of 25 September 1969. This form of parliamentary endorsement
is no longer the practice for treaties.
Items 5-8 Section 8, paragraph 10(2)(c) and subsections 19(1) and (2)
Amend section 8, paragraph 10(2)(c) and subsections 19(1) and (2) to
reflect the amendment of definitions in section 4 by items 1 to 3.
Item 9 The Schedule
Repeals the Schedule which had contained the text of the agreement of 25
September 1969 (now known as the Principal Agreement). This acknowledges
the fact that the text of agreements in the Australian Treaty Series are
now readily accessible through the Australian Treaties Library on the
AustLII Internet site (www.austlii.edu.au).