Chapter 7 Exchange of Notes
constituting an Agreement to amend the Agreement between the Government of the
United States of America and the Government of Australia concerning Space
Vehicle Tracking and Communication Facilities of 29 May 1980, as amended (Canberra,
On 20 September 2011, the Exchange of Notes constituting an Agreement
to amend the Agreement between the Government of the United States of America
and the Government of Australia concerning Space Vehicle Tracking and Communication
Facilities of 29 May 1980, as amended (Canberra, TBA 2011) was tabled in
the Commonwealth Parliament.
The United States (US) and Australia celebrated the 50th
anniversary of space vehicle tracking treaty-level cooperation in 2010. Operational-level
cooperation on space-related activities began in 1957 with the establishment of
facilities at Woomera in South Australia, to track US satellites. This was
broadened to include additional scientific facilities set up by the US National
Aeronautics and Space Administration (NASA) in 1960. Since then, the space
vehicle tracking and communication relationship between Australia and the US
has been the subject of a succession of agreements and exchanges of notes
between the two countries.
NASA's Deep Space Network
NASA's scientific investigations of the solar system are accomplished
primarily through the use of robotic spacecraft. The Deep Space Network (DSN)
provides a two-way communications link for the guidance and control of
spacecraft and the relay of data and images.
The DSN consists of three complexes strategically located around the
world: at Goldstone in California, near Madrid in Spain, and at the Canberra
Deep Space Communication Centre (CDSCC) located at Tidbinbilla in the Australian
Capital Territory. NASA also maintains
Tracking and Data Relay Satellite Ranging System Facilities at Alice Springs in
the Northern Territory and at Dongara in Western Australia.
The CDSCC tracks many robotic spacecraft, including:
1 and 2;
twin Mars Rovers;
Cassini probe to Saturn; and
Hubble Space Telescope.
All activities conducted in Australia under the Agreement are managed to
ensure that they are consistent with Australian interests. CSIRO manages the
facilities on behalf of NASA, with operational and maintenance activities
contracted out to Australian industry.
Approximately 120 engineers, technicians, operators and support staff
are presently employed at the CDSCC. 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
Overview of the Agreement
Australia and the US first concluded an Exchange of Notes
constituting an Agreement relating to Space Vehicle Tracking and Communications
in 1960. This agreement was superseded by a similar agreement concluded in
1970 which was in turn replaced in 1980 by the current Agreement. Since 1980,
the Agreement has been reviewed and amended every 10 years.
Thus, the proposed treaty action is to extend, through an exchange of
notes, the 1980 Agreement – 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 – which
is due to expire on 26 February 2012.
The proposed extension will enter into force from that date, once
Australia has advised the US that all domestic requirements for entry into
force have been met. The proposed extension
provides for the continuation of the Agreement until 26 February 2014, or until
a further agreement between the Australian and US Governments enters into
force, whichever is earlier.
The Agreement consists of a base document and multiple subsequent
Exchanges of Notes. In 2009, it was agreed by both Parties to conclude a new
agreement to consolidate the provisions contained in previous Exchanges of
Notes into one document. Both Parties also agreed to extend the Agreement for
two years until 2012 to allow the new agreement to be developed.
Unfortunately, due to extended consultation processes on the draft of
the new agreement in the US, the new agreement will not be finalised before the
26 February 2012. Hence, both Parties have agreed to extend the Agreement
for a further two year period until the new agreement can be brought into
This exchange of notes has been an Australian initiative as the US
agencies are as yet unable to provide a finalised amended treaty.
National interest summary, and the reasons for Australia to take the
proposed treaty action
The proposed extension confirms Australia’s long-standing relationship
with NASA and provides for continuing cooperation in space vehicle tracking and
NASA has spent in excess of A$740 million on space-related activities in
Australia since 1960. Australia has derived significant scientific and
economic benefits from activities conducted under the Agreement, especially
through collaboration between Australian and NASA scientists.
In addition, the arrangement has provided direct employment for several
hundred Australian engineering, scientific, technical and administrative staff,
and indirectly provided a pool of trained personnel for high-end engineering,
scientific and technical roles. Outreach activities at the CDSCC attract approximately
seventy thousand visitors per year.
While a large part of the A$740 million spend was in the 1960s and early
1970s there are currently two new antennas being built at CDSCC and there is
again significant investment – most likely for another five years – while the
new antennas are under construction. A third antenna is also
under active consideration.
In terms of training, Australian personnel receive overseas training on
top of their base training qualification that is conducted here in Australia:
Their base training qualification is done in Australia; they
get a qualification as engineers or senior technical trades people across a
wide range of skills. Then on a fairly regular basis exchanges and trips over
to the US or to our other station in Spain occur. It has been relatively
restricted over the last year or two simply because of budget pressures on NASA
to pay for travel, but our engineering and technical staff work at the other
stations on a regular basis and JPL [Jet Propulsion Laboratory] and NASA
experts come over on a regular basis to conduct in-house training. The initial
training is done within Australia and through the Australian system, but the
follow-on training and the experiential training that comes and moves on from
there is generally conducted either here under tutelage from NASA/JPL
experts—plus our own, obviously—or over in the US and Spain.
The proposed extension will ensure the continuation of benefits flowing
from the establishment, operation and maintenance of NASA facilities in Australia
under the Agreement.
Australia also receives all the data from NASA’s civilian space program:
NASA's policy with all of the data from its civilian space
program, which is what we are engaged in, is that it all be made available to
the public, pretty much, and it becomes available very quickly. In fact, you
can often get the results and signals back—from mission supports that we are
undertaking—almost as quickly by jumping on the internet and going to the NASA
website as we get the images and signals at Tidbinbilla. So access to that
data is readily available. And, of course, at a technical level, we have very
good exchange arrangements in place for data from the point of view of our
engineering and technical staff. So, I think as a general statement, yes, we
do have access to all of that data. In addition, the antennas are all capable
of doing radio astronomy work as well, and radio astronomers in Australia get
very low cost access directly to the use of the antennas and the data when they
are not being used to track spacecraft... [T]he Bureau of
Meteorology and Geoscience Australia are users of the data that is made
The proposed extension continues existing arrangements under the current
Agreement for exchange of scientific data, facilitation of the entry and exit
of US personnel through immigration barriers, and duty-free import of personal
and household effects of US personnel.
Taxation of US personnel continues to be governed by the Convention
between the Government of Australia and the Government of the United States of
America for the Avoidance of Double Taxation and the Prevention of Fiscal
Evasion with Respect to Taxes on Income.
The Agreement explicitly provides for further (non-treaty) arrangements
between NASA and the CSIRO, as the cooperating agencies, in respect of the
establishment and operation of facilities. These arrangements encompass
financing, constructing and installing new facilities, and disposing of or
removing infrastructure and remediation work (where a facility is surplus to
No changes are required to existing legislation to implement the
proposed extension. Exemptions from duties and taxes as set out in Article 9
of the Agreement are covered by existing legislation, as described in paragraph
19 below. No further implementation measures are required.
No additional costs are anticipated as a consequence of this treaty action.
NASA funds the total cost of the establishment, operation and maintenance of
space vehicle tracking and communication facilities in Australia through its
contractual arrangements with CSIRO.
NASA is also responsible for remediation work in relation to its
facilities. Any additional activities or the set-up of new infrastructure
under the Agreement as further amended would not impose any costs on the Commonwealth
or the respective State and Territory Governments.
However, under the Agreement, the Australian Government is obliged to
grant NASA an exemption from or refund of duties, taxes and like charges,
including GST, on imports to Australia of goods for use in connection with the
The Agreement also requires Australia to give a refund of Commonwealth
indirect taxes (including GST) for goods and services purchased in Australia. The
proposed extension does not change this obligation.
The exploration of space, while led by larger countries such as the
United States, is an international endeavour. On occasion, it can unite all of
humanity in common purpose and achievement – the first moon landing by Apollo
11 in July 1969 is the most obvious example. The scientific information
gathered is also of benefit to all people.
This agreement is a tangible expression of international cooperation in
this field, and Australia also gets practical benefits from this arrangement
including overseas training for our personnel and investment in facilities here
This exchange of notes will continue a productive and successful relationship
that has lasted over 50 years and the Committee recommends that binding treaty
action be taken.
||The Committee supports the Exchange of Notes constituting
an Agreement to amend the Agreement between the Government of the United
States of America and the Government of Australia concerning Space Vehicle
Tracking and Communication Facilities of 29 May 1980, as amended (Canberra,
TBA 2011) and recommends that binding treaty action be taken.
Senator Simon Birmingham