Agreement between the Government of Australia and the Government of the United States of America for Space Vehicle Tracking and Communication Facilities
Introduction
4.1
This Chapter reviews the Agreement between the Government of the United States of America and the Government of Australia for Space Vehicle Tracking and Communication Facilities. The Agreement was signed in Washington D.C. on 17 October 2017 and tabled in the Parliament on 18 October 2017.
4.2
The Agreement replaces the Exchange of Notes constituting an Agreement between the Government of Australia and the Government of the United States of America concerning Space Vehicle Tracking and Communication Facilities (the current Agreement) done at Canberra on 29 May 1980, as Amended by an Exchange of Notes completed on 21 November 2013. The current Agreement will expire on 26 February 2018.
Overview
4.3
Australia and the United States of America (USA) have cooperated on space related activities since 1957, with the establishment of facilities at Woomera in South Australia to track USA satellites. Cooperation extended to include facilities set up by the National Aeronautics and Space Administration (NASA) in 1960.
4.4
The National Interest Analysis (NIA) states that the space vehicle tracking and communication relationship between Australia and the USA has been the subject of a succession of agreements and exchanges of notes between the two countries. The first was an Exchange of Notes constituting an Agreement relating to Space Vehicle Tracking and Communications in 1960. The 1960 Agreement was superseded by a similar Agreement in 1970, and then again in 1980, the current Agreement.
4.5
As a result, the current Agreement consists of a base document and multiple subsequent Exchanges of Notes. In 2009 the Parties agreed to conclude a new agreement consolidating the previous Exchanges of Notes into one document. At the same time, they agreed to extend the current Agreement until 2012, and then subsequently to 2014. Due to the proposed Agreement not being finalised by 2014, both Parties agreed to extend the current Agreement until the expiry date in 2018.
4.6
The Department of Industry, Innovation and Science (DIIS) told the Committee that over the 50 years of operation of the various forms of the Agreement, Australia has derived significant scientific and economic benefits:
… including collaboration between Australian and NASA scientists; employment of Australians, including in engineering, scientific and other technical disciplines; and the provision of a pool of trained personnel for high-end engineering, scientific and other technical roles.
4.7
NASA’s scientific investigations of the solar system are accomplished mainly through the use of robotic spacecraft. The NIA notes that the Australian facilities covered by the Agreement are vital to NASA programs involving radio contact with human and robotic missions, scientific satellites and deep space probes. This includes the Canberra Deep Space Communication Complex (CDSCC) at Tidbinbilla, the Data Relay Satellite facilities in Alice Springs, Northern Territory and Dongara, Western Australia.
4.8
The facilities provide a two-way communication link for the guidance and control of spacecraft and the relay of data and images. They have provided support for missions including the Curiosity Rover’s exploration of the surface of Mars, the Cassini mission to Saturn and the Hubble space telescope.
4.9
The CDSCC is an integral component to NASA’s Deep Space Network (DSN), the largest and most sensitive scientific telecommunications system in the world. The DSN is an international network of antennas that supports interplanetary spacecraft missions and the radio and radar astronomy observations for the exploration of the Solar System and the universe.
Reasons to undertake the treaty action
4.10
According to the NIA, the collaboration between NASA and the Commonwealth Scientific and Industrial Research Organisation (CSIRO) allows Australian scientists access to world class radio and astronomy facilities at a reduced cost. Data gathered by NASA is also freely available to Australian scientists and used by organisations such as Geoscience Australia and the Australian Bureau of Meteorology.
4.11
CSIRO stressed the importance of the Agreement to both the USA and to Australia:
… it would be very difficult for the United States to track. They need this longitude and this part of the world … From our perspective, the facility attracts $20 million a year from NASA, of which about three-quarters goes to salaries. From a revenue point of view, that’s about $15 million a year that comes straight to Australia and is spent in Australia. Over the life of 25 years of this treaty, it’s a lot of money, which is valuable to us. At the same time we also generate expertise and we play a part in a fantastic space exploration activity.
4.12
The NIA states that all activities conducted in Australia under the Agreement are managed to ensure that they are consistent with Australian interests. The CSIRO manages the facilities on behalf of NASA, with specific operational and maintenance activities contracted out as required.
4.13
Management and operation of the CDSCC is conducted by CSIRO. The NIA suggests that continued use of Australian facilities presents further opportunities for Australia to develop its highly skilled technical workforces, significantly enhance domestic scientific and technical capabilities, and provide opportunities for Australian industry.
4.14
The Committee queried the inclusion of an intellectual property (IP) clause for the first time since the arrangements were put in place, and DIIS explained that although IP was considered under previous iterations of the Agreement, it was not clearly articulated:
So we’ve introduced article 7 as a reflection of other treaties on IP. We brought in IP Australia during our consultation process. We had two approaches. One was to set out article 7 and go into quite a lot of detail, with a few provisions specific to both NASA and CSIRO’s technical arrangements. However, it was agreed by both parties that something consistent with other treaties such as article 7 was our preferred approach.
4.15
DIIS further clarified that the IP rights remain with NASA for all work done under the Agreement:
Because NASA funds fully all staff, all training, all personnel and does all the design work through JPL in the US, the intellectual property always sits with either JPL, the Jet Propulsion Laboratory, or with NASA, who are both contracted to NASA.
4.16
NASA funds the total cost of the facilities, including the salaries and administrative costs of Australian Government personnel involved in the management of activities under the Agreement. CSIRO estimates there are approximately 90 staff involved and told the Committee that NASA provides funding every quarter in advance of performance through CSIRO’s annual operating plan.
The Agreement
Obligations
4.17
Article 1 extends the obligations under the current Agreement to reflect the current policy and legislative positions of the Australian and US Governments which will enable the objectives and purpose of the treaty to continue for another 25 years. Article 1 specifies that all activities made under the Agreement will be compliant with Australian and US national laws and regulations, including those relating to export control.
4.18
Article 5 ensures that each Party is obliged to bear any costs required to fulfil their respective responsibilities under the proposed Agreement, including travel and subsistence of personnel and transportation of equipment. However, it limits obligations to ensure that bearing any costs is subject to availability of a Party’s funding procedures and availability of appropriated funds.
4.19
Article 6 obligates both Parties to allow the transfer of all goods, technology, proprietary data, or technical data (including software) without restriction except as otherwise required by the Agreement. The addition of this obligation clarifies the conditions in the current Agreement. However, Article 6(4) expressly limits the manner in which transferred materials for which protection is to be maintained, may be used. Further, Article 6(5) ensures that after the completion of activities performed under the Agreement, the items must be returned or disposed as directed by the originating Party or its contractor.
4.20
Article 7 obliges both parties to protect any intellectual property created or provided. This is a new addition to the Agreement and was not included in the current Agreement.
4.21
Article 8 obliges Parties to coordinate any release of public information. It further stipulates that certain data and information cannot be shared without mutual and written permission.
4.22
Article 9 obligates Australia to exempt and refund the US Government for any taxes, duties, and any other charges for items purchased in or removed from Australia for use in connection with the activities under the Agreement. This is a continuation of provisions in the current Agreement. Article 9 further obligates the Australian Government to assist with the movement of goods between states and territories as required.
4.23
Article 10 obligates Australia to support the exchange of mutually agreed personnel and facilitate the entry to and exit from Australia. Further, Article 10(2) provides tax exemptions for any personal and household items imported for use by personnel.
4.24
Article 11 obligates the US Government to utilise Australian resources and personnel to the maximum extent possible.
4.25
Article 12 obligates the US to comply with Australia’s national security requirements for any activity associated with the Agreement.
4.26
Article 13 obligates the Australian Government to take all necessary steps to ensure that radiofrequency bands continue to be available to carry out the activities set out in the Agreement. NASA is obligated to use the radio transmitting and receiving equipment in compliance with Australian law.
4.27
Article 14 encourages both Parties to consult with one another and exchange views on future cooperation and resolve questions between each other. Article 14 further provides a dispute settlement clause, requiring the Cooperating Agencies to endeavour to resolve the questions. If the Cooperating Agencies cannot reach a resolution, the questions shall be resolved by means of consultation between the Parties.
Implementation
4.28
According to the NIA, no new domestic legislation or amendments to existing legislation are required to allow Australia to meet its obligations under the proposed Agreement. Exemptions from taxes and duties are covered by existing legislation.
Costs
4.29
According to the NIA, no additional costs are anticipated as a consequence of the Agreement. As noted above, NASA funds the total cost of the establishment, operation and maintenance of the listed facilities in Australia through its contractual arrangements with CSIRO.
4.30
Under the Agreement, the Australian Government is obliged to grant NASA an exemption from, or refund for, duties, taxes or like charges including GST, on imports to Australia of goods for use in connection with the Agreement (Article 9). This includes a refund of Commonwealth indirect taxes (including GST) for goods and services purchased in Australia for use in connection with the Agreement.
4.31
The NIA states that these provisions already exist under the Taxation Administration Act 1953, the Taxation Administration Regulations 1976, the A New Tax System (Goods and Services Tax) Act 1999 and the Customs Tariff Act 1995.
Conclusion
4.32
The Committee supports the treaty and recommends that binding treaty action be taken.
4.33
The Committee supports the Agreement between the Government of Australia and the Government of the United States of America for Space Vehicle Tracking and Communication Facilities and recommends that binding treaty action be taken.