SPACE ACTIVITIES BILL 1998

1998

The Parliament of the
Commonwealth of Australia

THE SENATE

Presented and read a first time

Space Activities Bill 1998

No. , 1998

(Industry, Science and Resources)

A Bill for an Act about space activities, and for related purposes

Part 1—Introduction

1 Short title

2 Commencement

3 Objects of Act

(a) to establish a system for the regulation of space activities carried on either from Australia or by Australian nationals outside Australia; and

(b) to provide for the payment of adequate compensation for damage caused to persons or property as a result of space activities regulated by this Act; and

Note: This Act does not limit the operation of other laws of the Commonwealth (except so far as the other laws are inconsistent with this Act): see section 104.

4 Simplified outline of Act

• Certain space activities carried on in Australia must be covered by an approval under Part 3.

• An Australian national who carries on certain space activities outside Australia must also be covered by such an approval.

5 Act binds the Crown

(2) However, this Act does not make the Crown liable to be prosecuted for an offence.

6 External Territories

7 Application of Criminal Code

Part 2—Definitions

8 Definitions

Australia, when used in a geographical sense, includes the external Territories.

(b) a body incorporated by or under a law of the Commonwealth, of a State or of a Territory; or

gross negligence has the meaning given by the regulations. But if the regulations do not give the term a meaning, it has the same meaning as in the Liability Convention.

insured amount, for a launch permit, overseas launch certificate or section 43 authorisation, means the amount for which the holder of the permit, certificate or authorisation is required to be insured under Division 7 of Part 3 in respect of the launch or launches, and any return, covered by the permit, certificate or authorisation. In determining this amount, disregard paragraph 47(2)(b) (which deals with direct financial responsibility).

launch a space object means launch the object into outer space, or attempt to do so.

launch facility means a facility (whether fixed or mobile) or place specifically designed or constructed as a facility or place from which space objects can be launched, and includes all other facilities at the facility or place that are necessary to conduct a launch.

Launch Safety Officer, for a licensed launch facility, means the person appointed by the Minister under section 50 for the facility.

launch vehicle means a vehicle that can carry a payload into or back from outer space.

Liability Convention means the Convention on International Liability for Damage Caused by Space Objects done at London, Moscow and Washington on 29 March 1972 and whose English text is set out in Schedule 1.

(a) for the launch of a space object—the period of 30 days beginning when the launch takes place, or such other period as is specified in the regulations; and

(b) for the return of a space object—the period beginning when the relevant re-entry manoeuvre is begun and ending when the object has come to rest on Earth, or such other period as is specified in the regulations.

licensed launch facility means a launch facility for which a person holds a space licence: see section 18.

occupier of premises includes a person present at the premises who apparently represents the occupier.

payload includes a load to be carried for testing purposes or otherwise on a non-profit basis.

Registration Convention means the Convention on Registration of Objects Launched into Outer Space done at New York on 14 January 1975 and whose English text is set out in Schedule 2.

(a) in the case of a launch or return authorised by a launch permit—the holder of the permit; or

(b) in the case of a return authorised by a permission under subsection 43(1)—the holder of the permission; or

(c) in the case of a return authorised by an agreement between the Minister and another person under subsection 43(2)—that other person; or

(e) in the case of a launch authorised by an overseas launch certificate—the holder of the certificate; or

(i) the person or persons who carried out the launch or return of the space object;

(ii) any person who, at any time during the liability period for the launch or return, owned all or some of any payload forming part of the space object concerned;

(iii) any other person specified in regulations made for the purposes of this definition.

But, in relation to a launch to which paragraph (f) applies, if the space object was launched from a launch facility outside Australia, a person is only a responsible party if the person is also an Australian national.

return a space object means return the space object from outer space to Earth, or attempt to do so.

(b) a payload (if any) that the launch vehicle is to carry into or back from outer space;

(d) the part results from the separation of a payload or payloads from a launch vehicle after launch.

standard launch permit condition means a condition to which a launch permit is subject because of section 29.

third party, for the launch or return of a space object, means a person who is not a responsible party for the launch or return and who is not a related party (see section 9) of any responsible party for the launch or return.

(c) the Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, Including the Moon and Other Celestial Bodies done at London, Moscow and Washington on 27 January 1967 and whose English text is set out in Schedule 3;

(d) the Agreement Governing the Activities of States on the Moon and Other Celestial Bodies done at New York on 18 December 1979 and whose English text is set out in Schedule 4;

(e) the Agreement on the Rescue of Astronauts, the Return of Astronauts and the Return of Objects Launched into Outer Space done at London, Moscow and Washington on 22 April 1968 and whose English text is set out in Schedule 5.

9 Related party

(1) A person (the first person) is a related party of a responsible party for the launch or return of a space object if:

(a) the first person has a financial or ownership interest in all or part of the space object; or

(b) the first person was involved in preparing all or part of the space object for the launch or return; or

(c) the first person is a contractor, subcontractor or supplier involved in the launch or return or the preparation of all or part of the space object for the launch or return; or

(d) the first person is a director, officer, employee or agent of the responsible party.

(2) However, the regulations may provide that specified persons are, or are not, related parties of a responsible party.

Part 3—Regulation of space activities

10 Simplified outline

• Under Division 1, certain space activities are prohibited unless appropriate approvals are obtained.

• The various approvals are dealt with in Division 2 (space licences), Division 3 (launch permits), Division 4 (overseas launch certificates), Division 5 (return of overseas-launched space objects) and Division 6 (exemption certificates).

• Some of those approvals have insurance/financial requirements, which are set out in Division 7.

• The Minister is to appoint a Launch Safety Officer for each licensed launch facility: see Division 8.

Division 1—Certain space activities require approvals etc.

11 Launch in Australia requires a launch permit or exemption certificate

(a) a person launches a space object from a launch facility located in Australia; and

(d) the launch is not conducted in accordance with any agreement of the kind mentioned in subsection 108(1);

(e) in the case of a body corporate—a fine not exceeding 100,000 penalty units; or

(f) in the case of an individual—imprisonment for a term not exceeding 10 years, or a fine not exceeding 600 penalty units, or both.

Note 1: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

Note 2: See section 4AA of the Crimes Act 1914 for the current value of a penalty unit.

12 Overseas launch requires an overseas launch certificate

(a) a space object is launched from a launch facility located outside Australia; and

(b) the launch is not authorised by an overseas launch certificate held by any person; and

(d) in the case of a body corporate—a fine not exceeding 100,000 penalty units; or

(e) in the case of an individual—imprisonment for a term not exceeding 10 years, or a fine not exceeding 600 penalty units, or both.

Note 1: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

Note 2: See section 4AA of the Crimes Act 1914 for the current value of a penalty unit.

13 Return to Australia of Australian-launched space object requires a launch permit or exemption certificate

(b) the object, or any part of it, was launched from a launch facility located in Australia; and

(d) no exemption certificate (see section 46) covering the return is held by any person; and

(e) the return is not conducted in accordance with any agreement of the kind mentioned in subsection 108(1);

(f) in the case of a body corporate—a fine not exceeding 100,000 penalty units; or

(g) in the case of an individual—imprisonment for a term not exceeding 10 years, or a fine not exceeding 600 penalty units, or both.

Note 1: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

Note 2: See section 4AA of the Crimes Act 1914 for the current value of a penalty unit.

14 Return to Australia of overseas-launched space object requires authorisation

(b) neither the object, nor any part of it, was launched from a launch facility located within Australia; and

(d) in the case of a body corporate—a fine not exceeding 100,000 penalty units; or

(e) in the case of an individual—imprisonment for a term not exceeding 10 years, or a fine not exceeding 600 penalty units, or both.

Note 1: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

Note 2: See section 4AA of the Crimes Act 1914 for the current value of a penalty unit.

15 Space licence required to operate a launch facility in Australia

A person must not operate a launch facility in Australia, or do anything directly connected with operating a launch facility in Australia, using a particular kind of launch vehicle, unless:

(a) the person holds a space licence (see Division 2) for the facility and the kind of launch vehicle; or

(b) the person is a related party (see section 9), for any launches conducted from the facility, of a person who holds such a licence; or

(i) the operation of the facility, or the things connected with the operation; and

(e) the operation of the facility, or the things connected with the operation, are done in accordance with an agreement of the kind mentioned in subsection 108(1).

Note: Contravening this section is not an offence. However, a person who contravenes this section is liable to a civil penalty under Part 6.

16 Commonwealth not bound

(b) a person acting as an employee or agent of the Commonwealth or as a member of the Defence Force.

Example: The Commonwealth and a private company are to carry out a launch as joint venturers. The Commonwealth would not need a space licence or launch permit etc. to do so, but the private company would (unless the company were acting as an agent of the Commonwealth, in which case it too would be exempt from this Division).

17 Activities of international space organisations

(1) If an agreement between Australia and another country or countries provides for the establishment of an international organisation whose sole or principal function is to carry on activities in outer space, this Division does not apply in relation to anything done in accordance with the agreement.

(2) This section applies whether the agreement was made before or after the commencement of this Act.

Division 2—Space licences

18 Granting a space licence

The Minister may grant to a person a space licence covering a particular launch facility in Australia, and a particular kind of launch vehicle, if:

(a) the Minister is satisfied that the person is competent to operate the launch facility and launch vehicles of that kind; and

(b) the Minister does not consider that, for reasons relevant to Australia’s national security, foreign policy or international obligations, the space licence should not be granted; and

(d) the criteria (if any) prescribed by the regulations are satisfied in relation to that kind of launch vehicle.

Example: For the purposes of paragraph (d), the regulations could prescribe criteria dealing with matters such as the design of the launch vehicle and technical aspects of the way in which such vehicles are to be operated.

Note: Under subsection 33(3) of the Acts Interpretation Act 1901, the Minister may vary or revoke a space licence.

19 Terms of space licence

(b) remains in force for the period specified in the licence, which must be no longer than 20 years; and

(c) is granted subject to the standard space licence conditions in section 20 and any other conditions specified in the licence.

20 Standard space licence conditions

The following are conditions of each space licence granted to a person, except to the extent that the licence otherwise specifies:

(a) the holder of the licence must give the Minister any information that the Minister asks for under section 60 about the licence;

(i) allow the Launch Safety Officer for the facility (see Division 8) reasonable access to the facility and to any space object at the facility; and

(ii) ensure that the Launch Safety Officer is given any information or assistance that the Launch Safety Officer reasonably requests for the proper performance of a function;

21 Breaching a space licence condition

Note: Contravening this section is not an offence. However, a person who contravenes this section is liable to a civil penalty under Part 6.

22 Transfer of space licence

(1) The Minister may, by written notice, transfer a space licence to another person if the Minister could grant the space licence to the other person under section 18.

(3) The licence continues to cover the same launch facility and the same kind of launch vehicle.

(4) The licence has effect subject to the same conditions as the original licence (unless the Minister varies the conditions).

(5) The period for which the licence remains in force continues to run despite the transfer.

23 Applying for the grant or transfer of a space licence

An application for the grant or transfer of a space licence must be made in accordance with the regulations.

24 Procedure etc.

(1) If the Minister considers that there may be grounds to vary, revoke or transfer a space licence (other than at the licensee’s request), the Minister must:

(a) give the licensee written notice of the Minister’s opinion specifying the reasons for that opinion; and

(b) invite the licensee to make a written submission to the Minister about the matter within a reasonable period specified in the notice.

(2) In deciding whether to vary, revoke or transfer a space licence, the Minister must consider the matters raised in any submission received within the period specified in the notice.

(3) A space licence must not be varied in a way that changes the location of the licensed launch facility.

25 Suspending a space licence

(b) the Minister considers that, for reasons relevant to Australia’s national security, foreign policy or international obligations, the licence should be suspended.

Note: Under subsection 33(3) of the Acts Interpretation Act 1901, the Minister may revoke a suspension.

(2) A space licence has no effect while suspended, but the period for which it remains in force continues to run despite the suspension.

Division 3—Launch permits

26 Granting a launch permit

(b) a particular series of launches of space objects that, in the Minister’s opinion, having regard to the nature of any payloads to be carried, may appropriately be authorised by a single launch permit;

from a specified launch facility in Australia using a specified kind of launch vehicle.

Note: Under subsection 33(3) of the Acts Interpretation Act 1901, the Minister may vary or revoke a launch permit granted under this section.

(2) The launch permit may also authorise particular space objects to be returned, in connection with the launch or launches, to a specified place or area in Australia.

Note: A returning space object need not be the same as the space object launched. For example, a launch vehicle could carry a payload into outer space and return without it, or even collect a different payload from outer space and return that to Earth.

(3) The Minister may grant the launch permit to the person only if all of the following criteria are satisfied:

(a) the person holds a space licence (see Division 2) covering the launch facility and the kind of launch vehicle concerned;

(b) the person is a corporation to which paragraph 51(xx) of the Constitution applies;

(c) the Minister is satisfied that the person who is to carry out the launch or launches, and any connected return, is competent to do so;

(d) the Minister is satisfied that the insurance/financial requirements in Division 7 will be satisfied for the launch or launches, and any connected return;

(e) the Minister is satisfied that the probability of the launch or launches, or any connected return, causing substantial harm to public health or public safety or causing substantial damage to property is sufficiently low;

(f) the space object or objects concerned are not and do not contain a nuclear weapon or a weapon of mass destruction of any other kind;

(g) the Minister does not consider that, for reasons relevant to Australia’s national security, foreign policy or international obligations, the launch permit should not be granted;

(4) If a country other than Australia is also a launching State for the space object or any of the space objects, the Minister may, in deciding whether to grant the launch permit, have regard to:

(a) whether there is an agreement between Australia and that other country under which that country assumes any liability, and indemnifies Australia, for any damage that the space object or objects may cause; and

Note: This subsection does not, by implication, limit the matters to which the Minister may have regard.

27 Australian launches: continuing requirement for space licence

If the launch facility specified in a launch permit is in Australia, the permit has no effect during any period when the holder of the permit does not also hold a space licence (see Division 2) covering the facility and the kind of launch vehicle concerned.

28 Terms of launch permit

(1) A launch permit authorising the launch of a space object or objects, and any connected return:

(a) must specify the day on which it comes into force and the period for which it remains in force; and

(b) is granted subject to the standard launch permit conditions in section 29 and any other conditions specified in the regulations or in the launch permit.

(2) A launch permit may specify that the period during which it remains in force ends on the occurrence of a particular event (rather than at a specified time). For this purpose, the regulations may set out how to determine when events of a particular kind occur.

Example: A launch permit might specify that it expires when the relevant launch has been (successfully or unsuccessfully) completed. The regulations could set out how to determine when this is.

(3) At any time when a launch permit is in force, the Minister may, by written notice, extend or further extend the period for which the permit remains in force.

29 Standard launch permit conditions

The following are conditions of each launch permit (called standard launch permit conditions), except to the extent that the permit otherwise specifies:

(a) the launch or launches, and any connected return, must not be conducted in a way that is likely to cause substantial harm to public health or public safety or to cause substantial damage to property;

(b) the space object or objects must not be or contain a nuclear weapon or a weapon of mass destruction of any other kind;

(c) the holder of the permit must satisfy the insurance/financial requirements in Division 7 for each launch, and each return, conducted under the permit.

30 Breaching a launch permit condition

(1) The holder of a launch permit must not contravene a condition of the launch permit (whether or not the condition is a standard launch permit condition).

Note: Contravening this subsection is not an offence. However, a person who contravenes this subsection is liable to a civil penalty under Part 6.

(a) by any intentional act or omission, contravenes a standard launch permit condition (see section 29) of the permit; and

(d) in the case of an individual—imprisonment for a term not exceeding 10 years, or a fine not exceeding 600 penalty units, or both.

Note 1: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

Note 2: See section 4AA of the Crimes Act 1914 for the current value of a penalty unit.

(3) The Minister may take civil proceedings under Part 6 against a person who is alleged to have breached a standard launch permit condition of a launch permit, as an alternative to prosecution for an offence against subsection (2).

31 Transfer of launch permit

(1) The Minister may, by written notice, transfer a launch permit to another person if the Minister could grant the launch permit to the other person under section 26.

(3) The permit continues to cover the same launch facility and the same kind of launch vehicle.

(4) The permit has effect subject to the same conditions as the original permit (unless the Minister varies the conditions).

(5) The period for which the permit remains in force continues to run despite the transfer.

32 Applying for the grant or transfer of a launch permit

An application for the grant or transfer of a launch permit must be made in accordance with the regulations.

33 Procedure etc.

(1) If the Minister considers that there may be grounds to vary, revoke or transfer a launch permit (other than at the permit holder’s request), the Minister must:

(a) give the holder of the permit written notice of the Minister’s opinion specifying the reasons for that opinion; and

(b) invite the holder to make a written submission to the Minister about the matter within a reasonable period specified in the notice.

(2) In deciding whether to vary, revoke or transfer the permit, the Minister must consider the matters raised in any submission received within the period specified in the notice.

(3) A launch permit must not be varied in a way that changes the location of the relevant launch facility.

34 Suspending a launch permit

(b) the Minister considers that, for reasons relevant to Australia’s national security, foreign policy or international obligations, the permit should be suspended.

Note: Under subsection 33(3) of the Acts Interpretation Act 1901, the Minister may revoke a suspension.

(2) A launch permit has no effect while suspended, but the period for which it remains in force continues to run despite the suspension.

Division 4—Overseas launch certificates

35 Granting an overseas launch certificate

(1) The Minister may grant an overseas launch certificate to a person authorising:

from a specified launch facility outside Australia using a specified kind of launch vehicle.

Note 1: Overseas launch certificates are only required if an Australian national would be a responsible party for the launch—see section 12.

Note 2: Under subsection 33(3) of the Acts Interpretation Act 1901, the Minister may vary or revoke an overseas launch certificate granted under this section.

(2) The Minister may grant the overseas launch certificate to the person only if all of the following criteria are satisfied:

(i) that the insurance/financial requirements in Division 7 will be satisfied for each launch to be conducted under the certificate; or

(ii) that, having regard to the nature and purpose of the space object or space objects concerned, it is not necessary to insist that those insurance/financial requirements be satisfied;

(b) the Minister is satisfied that the probability of the launch or launches causing substantial harm to public health or public safety or causing substantial damage to property is sufficiently low;

(c) the Minister does not consider that, for reasons relevant to Australia’s national security, foreign policy or international obligations, the overseas launch certificate should not be granted;

(3) The Minister may, in deciding whether to grant the overseas launch certificate, have regard to:

(a) whether there is an agreement between Australia and the other launching State, or any of the other launching States, under which that State or those States assume liability, and indemnify Australia, for any damage that the space object or objects may cause; and

Note: This subsection does not, by implication, limit the matters to which the Minister may have regard.

36 Terms of overseas launch certificate

(1) An overseas launch certificate authorising the launch of a space object or objects:

(a) must specify the day on which it comes into force and the period for which it remains in force; and

(2) An overseas launch certificate may specify that the period during which it remains in force ends on the occurrence of a particular event (rather than at a specified time). For this purpose, the regulations may set out how to determine when events of a particular kind occur.

Example: An overseas launch certificate might specify that its period expires when the relevant launch has been (successfully or unsuccessfully) completed. The regulations could set out how to determine when this is.

(3) At any time when an overseas launch certificate is in force, the Minister may, by written notice, extend or further extend the period for which the certificate remains in force.

37 Breaching a condition

The holder of an overseas launch certificate must not contravene a condition of the certificate.

Note: Contravening this section is not an offence. However, a person who contravenes this section is liable to a civil penalty under Part 6.

38 Transfer of overseas launch certificate

(1) The Minister may, by written notice, transfer an overseas launch certificate to another person if the Minister would have power to grant the overseas launch certificate to the other person under section 35.

(3) The certificate continues to cover the same launch facility and the same kind of launch vehicle.

(4) The certificate has effect subject to the same conditions as the original certificate (unless the Minister varies the conditions).

(5) The period for which the certificate remains in force continues to run despite the transfer.

39 Applying for the grant or transfer of an overseas launch certificate

An application for the grant or transfer of an overseas launch certificate must be made in accordance with the regulations.

40 Procedure etc.

(1) If the Minister considers that there may be grounds to vary, revoke or transfer an overseas launch certificate (other than at the certificate holder’s request), the Minister must:

(a) give the holder of the certificate written notice of the Minister’s opinion specifying the reasons for that opinion; and

(b) invite the holder to make a written submission to the Minister about the matter within a reasonable period specified in the notice.

(2) In deciding whether to vary, revoke or transfer the certificate, the Minister must consider the matters raised in any submission received within the period specified in the notice.

(3) An overseas launch certificate must not be varied in a way that changes the location of the relevant launch facility.

41 Suspending an overseas launch certificate

(1) The Minister may, by written notice, suspend an overseas launch certificate if:

(a) the holder of the certificate contravenes a condition of the certificate; or

(b) in a subparagraph 35(2)(a)(i) case—the Minister is satisfied that the insurance/financial requirements in Division 7 are not satisfied for a launch to be conducted under the certificate; or

(c) the Minister considers that, for reasons relevant to Australia’s national security, foreign policy or international obligations, the certificate should be suspended.

Note: Under subsection 33(3) of the Acts Interpretation Act 1901, the Minister may revoke a suspension.

(2) An overseas launch certificate has no effect while suspended, but the period for which it remains in force continues to run despite the suspension.

(3) An overseas launch certificate may be revoked or varied even while it is suspended.

Division 5—Authorisation of return of overseas-launched space objects

42 Scope of Division

(a) a space object is launched, or is proposed to be launched, from a launch facility outside Australia; and

(b) in connection with that launch, a space object is proposed to be returned to an area or place within Australia.

Note: The returning space object need not be the same as the space object launched. For example, a launch vehicle could carry a payload into outer space and return without it, or even collect a different payload from outer space and return that to Earth.

43 Returns may be authorised by permission or by agreement

(a) the return of the space object concerned to a specified place or area in Australia; or

(b) a particular series of such returns that, in the Minister’s opinion, having regard to the nature of the space objects to be returned, may appropriately be authorised by a single permission.

(2) Alternatively, the Minister may, on behalf of the Commonwealth, enter into an agreement with a person under which such a return or such a series of returns is authorised.

(3) The return or returns may be authorised under this section only if all of the following criteria are satisfied:

(a) the Minister is satisfied that the person who is to carry out the return or returns is competent to do so;

(b) the Minister is satisfied that the insurance/financial requirements in Division 7 will be satisfied for the return or returns;

(c) the Minister is satisfied that the probability of the return or returns causing substantial harm to public health or public safety or causing substantial damage to property is sufficiently low;

(d) the space object or objects concerned are not and do not contain a nuclear weapon or a weapon of mass destruction of any other kind;

(e) the Minister does not consider that, for reasons relevant to Australia’s national security, foreign policy or international obligations, the authorisation should not be given;

(4) The Minister may, in deciding whether to give an authorisation under this section, have regard to:

(a) whether there is an agreement between Australia and any country that is a launching State for any space object concerned under which that country assumes any liability, and indemnifies Australia, for any damage that the space object may cause; and

Note: This subsection does not, by implication, limit the matters to which the Minister may have regard.

(5) An authorisation under this section may be given subject to any conditions that the Minister determines.

44 Offences relating to returns

(1) If a person returns a space object purportedly in accordance with an authorisation of the kind mentioned in section 43 and:

(a) the return is conducted in a way that is likely to cause substantial harm to public health or public safety or to cause substantial damage to property; or

(b) the space object is or contains a nuclear weapon or a weapon of mass destruction of any other kind; or

(d) in the case of a body corporate—a fine not exceeding 100,000 penalty units; or

(e) in the case of an individual—imprisonment for a term not exceeding 10 years, or a fine not exceeding 600 penalty units, or both.

Note 1: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

Note 2: See section 4AA of the Crimes Act 1914 for the current value of a penalty unit.

(2) The Minister may take civil proceedings under Part 6 against a person who is alleged to have committed an offence against subsection (1), as an alternative to prosecution.

45 Breaching a condition

A person who is authorised under section 43 to return a space object must not contravene a condition of the authorisation.

Note: Contravening this section is not an offence. However, a person who contravenes this section is liable to a civil penalty under Part 6.

Division 6—Exemption certificates

46 Exemption certificates

(1) The Minister may issue to any person an exemption certificate covering specified conduct that might otherwise be prohibited under section 11, 13 or 15.

Note 1: Under subsection 33(3) of the Acts Interpretation Act 1901, the Minister may vary or revoke an exemption certificate.

Note 2: Under subsection 33(3A) of the Acts Interpretation Act 1901, conduct may be specified by reference to a particular class or classes of conduct.

(2) The regulations may set out matters to which the Minister must have regard in deciding whether to issue an exemption certificate.

Example: The regulations might set out criteria such as whether a launch would be in the national interest or would confer a significant national benefit, whether there is a risk that a launch might cause substantial harm to public health or public safety or damage to property or whether there is a risk that a launch might expose the Commonwealth to liability for damage caused.

Note: This subsection does not, by implication, limit the matters to which the Minister may have regard.

Division 7—Insurance/financial requirements

47 Satisfying the insurance/financial requirements

(1) This Division sets out the insurance/financial requirements mentioned in Divisions 3, 4 and 5.

(2) The holder of a launch permit, overseas launch certificate or section 43 authorisation, covering a launch or return, satisfies the insurance/financial requirements for the launch or return if:

(a) throughout the liability period for the launch or return, the insurance requirements in section 48 are satisfied; or

(b) the holder has, in accordance with the regulations, shown direct financial responsibility for the launch or return.

48 Insurance requirements

(c) the holder of the permit or authorisation is insured (to the extent required by subsection (3)) against any liability that the holder might incur under this Act to pay compensation for any damage to third parties that the launch or return causes; and

(d) the Commonwealth is insured (to the extent required by subsection (3)) against any liability that the Commonwealth might incur, under the Liability Convention or otherwise under international law, to pay compensation for such damage.

Note 1: The insurance cover mentioned in paragraphs (c) and (d) may be provided by separate policies. Alternatively, the holder of the permit or authorisation could take out a single policy that insures both the holder and the Commonwealth.

Note 2: The Commonwealth is under no duty to take out any insurance cover under this subsection—the onus is on the holder of the permit or authorisation to ensure that the insurance/financial requirements are satisfied.

(2) The insurance requirements are satisfied for a launch authorised by an overseas launch certificate if the Commonwealth is insured (to the extent required by subsection (3)) against any liability of the Commonwealth, under the Liability Convention or otherwise under international law, to pay compensation for any damage to third parties that the launch causes.

Note 1: The holder of the certificate could take out a single policy that insures both the holder and the Commonwealth.

Note 2: The Commonwealth is under no duty to take out any insurance cover under this subsection—the onus is on the holder of the certificate to ensure that the insurance/financial requirements are satisfied.

(3) The total insurance, for each launch or return concerned, must be for an amount not less than:

(a) the amount of the maximum probable loss that may be incurred in respect of damage to third parties caused by the launch or return, as determined using the method set out in the regulations; or

(b) if the regulations set out a different method of determining a minimum amount for the purposes of this subsection—the amount determined using that method.

49 Additional insurance not precluded

Nothing in this Act prevents any person from taking out any additional insurance.

Division 8—Launch Safety Officer

50 Launch Safety Officer

For each licensed launch facility, the Minister must, by writing, appoint a Launch Safety Officer. The same person may be Launch Safety Officer for more than one facility.

51 Functions of Launch Safety Officer

(a) to ensure that notice is given, in accordance with the regulations, of launches conducted at the facility; and

(b) to ensure that no person or property is endangered by any launch conducted at the facility, until the space object is safely in Earth orbit or beyond; and

(c) to monitor the compliance by persons who hold a space licence or launch permit relating to the facility with this Act and with the conditions of the licence or permit.

52 Powers of Launch Safety Officer

(1) The Launch Safety Officer for a licensed launch facility may do all things that are reasonably necessary or convenient to be done for the performance of his or her functions.

(2) In particular, the Launch Safety Officer for a licensed launch facility may:

(a) with the consent of the holder of the relevant space licence, or of any person authorised by the holder to give that consent:

(b) ask the holder, or any employee, agent or contractor of the holder, to give him or her any information or assistance, for which he or she reasonably asks, to assist in the proper performance of his or her functions; and

(c) give any directions about the launch of a space object carried out, or proposed to be carried out, at the facility that he or she considers necessary to avoid any danger to public health or to persons or property, including directions to stop the launch or destroy the space object (whether before or after it is launched).

(3) The Launch Safety Officer’s powers under this section do not entitle him or her to enter a licensed launch facility without the consent of the holder of the relevant space licence or of a person authorised by the holder to give that consent.

(4) The Launch Safety Officer for a licensed launch facility is not entitled to exercise any powers under this section at or on the facility if:

(a) the holder of the relevant space licence, or an employee or agent of the holder, has required the Launch Safety Officer to show identification; and

(5) The Launch Safety Officer’s functions and powers do not entitle him or her to be involved in the normal business operations of the holder of a space licence or launch permit.

53 Offence of failing to comply with directions

A person who fails to comply with a direction that the Launch Safety Officer for a licensed launch facility gives under paragraph 52(2)(c) is guilty of an offence.

Note 1: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

Note 2: See section 4AA of the Crimes Act 1914 for the current value of a penalty unit.

54 Procedure for giving and complying with directions

(a) the Launch Safety Officer for a licensed launch facility in giving directions under paragraph 52(2)(c); and

(2) The regulations may prescribe penalties not exceeding 100 penalty units for contravening regulations made for the purposes of paragraph (1)(b) of this section.

55 Launch Safety Officer to comply with Minister’s instructions

(1) In performing a function or exercising a power under this Act, the Launch Safety Officer for a licensed launch facility must comply with any instructions the Minister gives the Launch Safety Officer.

(2) The Minister may give different instructions for different licensed launch facilities.

56 Seizures in emergency situations

(1) If, while exercising powers at or on a licensed launch facility, the Launch Safety Officer for the facility suspects, on reasonable grounds, that:

(a) a thing relevant to an offence against this Act is at or on the facility; and

(i) search the facility, and any receptacle at or on the facility, for the thing; or

(2) The Launch Safety Officer’s functions and powers do not entitle him or her to seize anything otherwise than in accordance with this section.

57 Launch Safety Officer may obtain assistance

The Launch Safety Officer for a licensed launch facility may arrange for other persons to assist him or her in the performance of his or her functions for the facility.

58 Identity cards

(1) The Minister must issue the Launch Safety Officer for a licensed launch facility with an identity card.

(3) As soon as practicable after a person ceases to be the Launch Safety Officer for a licensed launch facility, the person must return his or her identity card to the Minister.

Note 1: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

Note 2: See section 4AA of the Crimes Act 1914 for the current value of a penalty unit.

Division 9—Administration etc.

59 Fees

(1) The holder of a launch permit must pay the Commonwealth any fee the regulations set in respect of launches authorised by the permit.

(2) The applicant for an overseas launch certificate must pay the Commonwealth any fee the regulations set in respect of the application.

(3) The applicant for a space licence must pay the Commonwealth any fee the regulations set in respect of the application.

(4) The applicant for an exemption certificate must pay the Commonwealth any fee the regulations set in respect of the application.

(5) A person who inspects the Register must pay the Commonwealth any fee the regulations set in respect of the inspection.

(6) The regulations may set a fee mentioned in this section by setting the amount of the fee or a way of working out the fee.

60 Request for information

to give the Minister, within the period specified in the notice, any information the Minister requires for the purposes of performing functions or exercising powers under this Act in relation to the licence or permit.

61 Review of decisions

An application may be made to the Administrative Appeals Tribunal for review of any decision of the Minister:

(d) varying, revoking, suspending or transferring a launch permit or overseas launch certificate; or

(e) refusing to extend, or further extend, the period for which a launch permit or overseas launch certificate remains in force; or

(j) imposing a particular condition or conditions on a space licence, launch permit, overseas launch certificate or authorisation under section 43.

Part 4—Liability for damage by space objects

Division 1—Scope of Part

62 Damage covered

(d) whether or not the launch or return was covered by an exemption certificate.

63 Compensation for third party damage by space objects to be determined solely under this Part

(1) Compensation for damage to which this Part applies caused to third parties is only payable in accordance with this Part.

(2) However, this section does not prevent Australia from complying with any obligation to pay compensation under the Liability Convention, or otherwise under international law, for such damage.

64 Regulations about waivers

The regulations may make provision in relation to the waiver of some or all of the rights of persons connected with a launch or return, and of their employees, contractors and subcontractors, to seek compensation for damage to which this Part applies.

Division 2—Liability for third party damage

Subdivision A—Rules for damage caused by launches and most returns

65 Scope of Subdivision

This Subdivision applies to all damage to which this Part applies, except for damage a space object causes in connection with the return of the space object where:

(a) neither the object, nor any part of it, was launched from a launch facility located within Australia; and

66 Damage on Earth or in the air

(1) The responsible party for the launch or return of a space object is liable to pay compensation for any damage the space object causes to a third party:

(2) However, the responsible party is not liable to the extent that the responsible party establishes that the damage resulted from:

(b) any conduct (whether by act or omission) that the third party engaged in with intent to cause the damage.

67 Damage to other space objects

The responsible party for the launch or return of a space object is liable to pay compensation for any damage the space object causes, otherwise than on Earth or as a result of damage to aircraft in flight:

(b) to a third party, or the property of a third party, on board such a space object;

to the extent that the damage is due to the fault of the responsible party or of a related party.

68 Limit on amount of permit or certificate holder’s liability

(a) the launch or return of a space object that causes damage covered by this Subdivision was authorised by a launch permit; and

(b) the damage did not result from a breach of any of the conditions of the permit or of the relevant space licence, from any conduct (whether by act or omission) that the responsible party or a related party engaged in with intent to cause the damage or from the gross negligence of the responsible party or a related party.

(a) the launch of a space object that causes damage covered by this Subdivision was authorised by an overseas launch certificate; and

(b) the damage did not result from a breach of any of the conditions of the certificate, any conduct (whether by act or omission) that the responsible party or a related party engaged in with intent to cause the damage or from the gross negligence of the responsible party or a related party.

(3) The responsible party is not liable to pay compensation for the damage to the extent that the amount of the compensation would exceed the insured amount for the launch permit or overseas launch certificate.

Subdivision B—Rules for certain returns conducted by overseas nationals

69 Scope of Subdivision

This Subdivision applies to damage to which this Part applies that a space object causes in connection with the return of the space object where:

(a) neither the object, nor any part of it, was launched from a launch facility located within Australia; and

Note: Subdivision A deals with the other kinds of damage to which this Part applies.

70 Liability

The responsible party for the return is liable to pay compensation for any damage the space object causes to a third party.

Division 3—Procedure etc.

71 Federal Court has jurisdiction

The Federal Court has jurisdiction to hear and determine actions for compensation for damage to which this Part applies.

72 Action for compensation

(1) An action for compensation for damage to which this Part applies may only be brought:

(b) if, when the damage occurred, the person bringing the action did not know that it had occurred—within one year after the day on which the person:

(ii) would have become aware of the damage, if the person had exercised due diligence.

(2) If, in accordance with the Liability Convention or otherwise under international law:

(a) a foreign country has presented a claim against Australia for compensation for damage caused by a space object to which a launch permit, overseas launch certificate, section 43 authorisation or exemption certificate relates; or

a person who has suffered damage covered by the claim may not commence an action, against the responsible party, seeking compensation for that damage.

Division 4—Compensation claims by foreign countries

73 Responsible party’s liability to the Commonwealth

(1) This section applies if, in accordance with the Liability Convention or otherwise under international law:

(a) a foreign country has presented a claim against Australia for compensation for damage covered by this Part; and

(2) The responsible party for the relevant launch or return is liable to pay the Commonwealth an amount equal to the lesser of the following amounts:

(b) if the launch or return of the space object concerned was authorised by a launch permit or overseas launch certificate, and section 68 applies—the insured amount for the permit or certificate.

Note: A foreign country could not present a claim against Australia under the Liability Convention if proceedings under this Part were already in progress in respect of the same damage: see Article XI.2 of the Convention.

74 Claims Commission

If, in accordance with the Liability Convention, it is necessary to establish a Claims Commission to settle a claim presented to the Commonwealth, the Commonwealth may do anything that it is required to do under the Convention to establish the Commission and enable it to give a decision or award as provided under the Convention.

Part 5—Register of space objects

75 Minister to keep Register

(2) The Minister may enter in the Register the following particulars for a space object that is launched into Earth orbit or beyond:

(f) if a country other than Australia is also a launching State for the space object—the name of that country;

(3) In keeping the Register, the Minister must have regard to the Registration Convention and any other international agreement or arrangement relating to the registration of space objects to which Australia is a party.

76 Registration number

(1) When the Minister grants a launch permit authorising the launch of a space object from a launch facility, the Minister must allocate to the space object a registration number by which it can be identified.

(2) The Minister may allocate a registration number to a space object at any other time.

77 Register may be kept on computer

78 Inspection of Register

(1) The Minister must make the Register available for any person to inspect it at the times and places published in the Gazette.

(2) The Minister may do so by allowing a person who wants to inspect the Register reasonable access to a computer terminal from which he or she can read on a screen, or get a printed copy of, an entry in the Register.

Part 6—Civil penalties

79 Civil penalty provisions

This Part applies to a contravention of any of the following provisions (called civil penalty provisions):

80 Fines for contravening civil penalty provisions

(1) If the Federal Court is satisfied, on the balance of probabilities, that a person has contravened a civil penalty provision, the Court may order the person to pay the Commonwealth such fine, by way of civil penalty, in respect of the contravention as the Court determines to be appropriate.

(2) In determining the civil penalty, the Court must have regard to the following matters:

(b) the nature and extent of any loss or damage suffered as a result of the contravention;

(d) whether, in proceedings under this Act, the person has previously been found to have engaged in similar conduct.

Note: See section 4AA of the Crimes Act 1914 for the current value of a penalty unit.

(4) The Federal Court may make such declarations or orders as it considers appropriate in relation to the proceedings, including:

(a) a declaration that the person did not contravene a civil penalty provision; and

81 Procedure

(1) The Minister may, by application, take proceedings in the Federal Court for the payment of a civil penalty mentioned in section 80.

(3) In hearing and determining the proceedings, the Federal Court is to apply the rules of evidence and procedure that it applies in hearing and determining civil matters.

82 Not an offence to contravene civil penalty provision

A person is not guilty of an offence merely because the person has contravened a civil penalty provision.

Part 7—Investigation of accidents

Division 1—Scope of Part

83 Scope of Part

This Part applies if an accident (see section 84) or an incident (see section 85) involving a space object occurs during:

(a) the liability period for the launch of the space object from a launch facility located in Australia; or

(b) the liability period for the return of the space object to a place in Australia.

84 Meaning of accident

(a) a person dies or suffers serious injury as a result of the operation of the space object; or

(b) the space object is destroyed or seriously damaged or causes damage to property.

85 Meaning of incident

An incident is an occurrence associated with the operation of a space object that affects or could affect the safety of the operation of the space object or that involves circumstances indicating that an accident nearly occurred.

Division 2—Investigations

86 Object of Division

(1) The object of this Division is, by establishing a system of investigating the circumstances surrounding any accident or incident, to prevent other accidents and incidents occurring.

(b) to provide a way of determining the liability of any person in respect of an accident or incident.

87 Appointing an Investigator

(1) If an accident occurs, the Minister must appoint a person as the Investigator of the accident.

(2) If an incident occurs, the Minister may appoint a person as the Investigator of the incident.

(3) Before appointing a person under this section, the Minister must be satisfied that the person has suitable qualifications and experience to be an Investigator.

88 Investigator to investigate accident or incident

(1) An Investigator appointed under section 87 must investigate the circumstances surrounding the relevant accident or incident.

(2) In particular, the Minister may determine the terms of reference of the investigation.

89 Investigator may invite assistance

(1) An Investigator may invite other persons to assist him or her in performing any or all of his or her functions under this Division.

(2) A person who gives such assistance is entitled to be paid fees and allowances for expenses, as determined under the regulations.

90 Investigator’s powers to gather information

(1) In conducting an investigation under this Division, the Investigator may, by written notice:

(a) require a person to attend before the Investigator and answer questions about matters relevant to the investigation; and

(b) require the person to give the Investigator a specified document or record, a specified part or component of a space object or any other thing relevant to the investigation.

(2) A notice under subsection (1) must be signed by the Investigator and must specify the time and place at which the person is required to attend or to give the relevant thing.

(3) The Investigator may require the person to answer questions mentioned in paragraph (1)(a) on oath or affirmation. For that purpose, the Investigator may administer an oath or affirmation to the person.

(a) retain a thing given in accordance with a requirement under subsection (1) for as long as is reasonably necessary for the purposes of the investigation; and

(b) if the thing is a document or record—make copies of, or take extracts from, the document or record.

(5) If a person answers a question or gives a thing in accordance with subsection (1), the answer or thing, and any information or thing obtained directly or indirectly as a result, is not admissible in evidence against the person in any proceeding (other than a proceeding in respect of the falsity of the answer).

(6) A person who attends before the Investigator under this section is entitled to be paid fees and allowances for expenses, as determined under the regulations.

91 Offences relating to section 90 requirements

(a) fails to attend before the Investigator in accordance with the requirement; or

(b) refuses to take an oath or make an affirmation when required by the Investigator to do so; or

(d) fails to give the Investigator a thing in accordance with the requirement, if it would have been reasonably practicable to have done so;

Note 1: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

Note 2: See section 4AA of the Crimes Act 1914 for the current value of a penalty unit.

(2) However, a person is not required to answer a question or give a thing if doing so might tend to incriminate the person or expose the person to a penalty.

(a) gives information to the Investigator in answering a question lawfully put to the person by the Investigator; and

(b) does so knowing that the information is false or misleading in a material particular;

Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

(a) gives a document or record to the Investigator in accordance with the requirement; and

(b) does so knowing that the document or record is false or misleading in a material particular;

Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

(5) Subsection (4) does not apply if, when the person gave the document or record to the Investigator, the person informed the Investigator that it was false or misleading in a material particular and specified in what respect it was false or misleading.

92 Report of investigation

(1) When an investigation is completed, the Investigator must give the Minister a written report of the investigation and, if the Minister requires, any relevant documents, records or other things.

(2) Subject to subsection (3), no part of a report or other document given to the Minister under this section may be published without the Minister’s written approval.

(3) The Minister may cause to be published any information contained in a report or document given to the Minister under this section if he or she considers that publishing the information is desirable in the interest of promoting safety in the space industry.

93 Custody of space object etc.

(1) If an accident occurs, the space object or the space object wreckage concerned and any thing in the space object or wreckage is taken to be in the Minister’s custody until an Investigator is appointed for the accident. The things are then taken to be in the Investigator’s custody.

(2) When it is no longer necessary to retain any such thing for the purposes of the investigation, the Investigator must release custody of the thing to its owner or to a person the owner authorises to receive it.

(3) A person who removes or otherwise interferes with a thing that is in the custody of the Minister or Investigator under subsection (1), except:

Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

(4) Subsection (3) does not prevent any action necessary for all or any of the following:

(a) extracting persons (including deceased persons) from the wreckage of a space object;

(d) moving the space object or the wreckage and its contents to a safe place when the object crashes on water or is wrecked on water.

94 Automatic suspension of launch permit etc. after accident

(1) Immediately after an accident occurs, the launch permit, exemption certificate or section 43 authorisation under which the relevant launch or return was carried out is taken to be suspended, until the Minister revokes the suspension.

(2) The permit, certificate or authorisation has no effect while suspended, but the period for which it remains in force continues to run despite the suspension.

(3) The permit, certificate or authorisation may be revoked or varied even while it is suspended.

95 Disclosure of safety records

(1) An investigation officer (see subsection (9)) must not, except for the purposes of this Part, directly or indirectly:

Note 1: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

Note 2: See section 4AA of the Crimes Act 1914 for the current value of a penalty unit.

(3) Subsection (1) does not apply to criminal proceedings, investigations relating to a criminal offence or a proceeding relating to bail.

(4) Subsection (1) does not apply to the disclosure of a safety record to the Minister under section 92.

(5) Subsection (1) does not prohibit an investigation officer from disclosing or giving a safety record to a court if an order is made under subsection (7).

(6) A person may apply to a court for an order that a safety record must be disclosed or given to the court.

(7) If the court is satisfied that the disclosure or production of the safety record is in the public interest, having regard to:

(a) the adverse impact disclosure or production may have on the investigation to which the record relates or to any future investigations; and

(8) If the court makes such an order, then the court must also make an order that restricts access to the safety record to:

unless the court is satisfied that such an order would not be in the interests of justice or would not be desirable in the interests of the court performing its functions.

(a) all statements (whether oral or written) an Investigator takes from persons in the course of an investigation under this Part, including any record of such a statement;

(b) all communications between persons involved in operating a space object that is involved in an accident or incident;

96 Relationship with other powers

The powers and functions of a Commonwealth agency or a person (other than a member of the Australian Federal Police) under another law of the Commonwealth that would allow the agency or person to investigate any matters relating to an accident or incident must be exercised and performed subject to this Part.

Division 3—Accident site powers

97 Accident sites and accident site premises

(b) a site on which there is an impact point caused by a space object that has been involved in an accident; or

together with such area around the site as the Investigator of the accident determines to be reasonably necessary to facilitate the investigation of the accident and securing of the site.

(b) premises that it is necessary to enter to get to premises on which there is an accident site.

98 Power of entry to accident site

(b) subject to this Division, without the consent of the occupier of accident site premises;

enter the premises and do any or all of the following for the purposes of investigating a particular accident:

(f) take photographs, video recordings or sketches of the accident site or the space object or any other thing on or in the site;

(k) remove the space object, the space object wreckage or any other thing from the accident site premises and exercise any of the powers mentioned in paragraphs (g), (h) and (i), take photographs or video recordings or subject the thing to testing.

(2) In this section, the access period is the period beginning when the Investigator first enters the accident site premises and ending on the day that the Investigator specifies in a written determination as the last day of the access period.

(3) That day must be no later than is reasonably necessary for investigating the accident and in any case no later than 28 days after the day on which the access period begins.

(4) However, the Minister may, by written determination, extend or further extend the access period beyond that 28 day limit, if the Minister considers it is reasonably necessary for investigating the accident.

99 Procedure before entry

(1) Before an Investigator or a person authorised to assist the Investigator under section 101 enters accident site premises, the Investigator must:

(a) announce that this Division authorises him or her to enter the premises; and

(2) When requesting an occupier’s consent, the Investigator must tell the person that the Investigator has powers of entry and search under this Division even if the occupier refuses to give his or her consent.

100 Identity cards

(1) The Minister must issue an Investigator a card identifying the holder as an Investigator.

(3) An Investigator or is not entitled to exercise any powers under this Part if:

(a) the occupier of the relevant premises has required the Investigator to show his or her identity card; and

(4) As soon as practicable after a person ceases to be an Investigator, the person must return his or her identity card to the Minister.

Note 1: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

Note 2: See section 4AA of the Crimes Act 1914 for the current value of a penalty unit.

101 Availability of assistance and use of force in entering accident site premises

In entering accident site premises without the consent of the occupier of the premises:

(b) the Investigator or a person assisting may use such force against the occupier and things as is necessary and reasonable.

102 Offence of entering etc. an accident site without permission

(b) a person enters or remains on the site without the Investigator’s permission;

Note 1: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

Note 2: See section 4AA of the Crimes Act 1914 for the current value of a penalty unit.

Part 8—Miscellaneous

103 Delegation

The Minister may, by signed writing, delegate to another person any or all of his or her powers under this Act, if the Minister considers that the person is suitably qualified to exercise the powers concerned.

104 Operation of other laws

Nothing in this Act limits or excludes the operation of other laws of the Commonwealth, except to the extent (if any) that they are inconsistent with this Act.

105 Indemnity

The Commonwealth, the Minister, the Launch Safety Officer for a licensed launch facility and an Investigator or person assisting under Part 7 are not subject to any liability to any person in respect of anything done, or omitted to be done, in good faith in the exercise or performance of powers, functions or duties under this Act.

106 Compensation—constitutional safety net

(a) apart from this section, the operation of this Act would result in the acquisition of property from a person otherwise than on just terms; and

(b) the acquisition would be invalid because of paragraph 51(xxxi) of the Constitution;

the Commonwealth is liable to pay compensation of a reasonable amount to the person in respect of the acquisition.

(2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may take proceedings in the Federal Court for the recovery from the Commonwealth of such reasonable amount of compensation as the Court determines.

acquisition of property has the same meaning as in paragraph 51(xxxi) of the Constitution.

just terms has the same meaning as in paragraph 51(xxxi) of the Constitution.

107 Severability: additional effect of Act

(1) Without limiting its effect apart from this section, this Act also has effect as provided by this section.

(2) This Act also has the effect it would have if its operation were expressly confined to:

(a) the operation of Part 3 were expressly confined to acts or omissions of corporations to which paragraph 51(xx) of the Constitution applies; and

(b) the operation of Part 4 were expressly confined to cases in which the responsible party, for the launch or return of a space object, is such a corporation.

(4) This Act also has the effect it would have if its operation were expressly confined to acts or omissions taking place in the course of, or in relation to, trade or commerce:

(5) This Act also has the effect it would have if its operation were expressly confined to acts or omissions taking place in a Territory.

(6) This Act also has the effect it would have if its operation were expressly confined to acts or omissions taking place in a place acquired by the Commonwealth for public purposes.

108 Application of Act: pre-existing agreement

(b) the operation of a launch facility or the doing of anything directly connected with the operation of a launch facility;

in accordance with any agreement made between the Commonwealth and another person before 11 November 1998.

(a) any term or condition of such an agreement that relates to the launch or return of a space object is taken, for the purposes of this Act, to be a condition (but not a standard launch permit condition) of a launch permit held by the person; and

(b) any other term or condition of such an agreement is taken, for the purposes of this Act, to be a condition of a space licence held by the person.

(3) If a person launches or returns a space object purportedly in accordance with an agreement mentioned in subsection (1) and:

(a) the launch or return is conducted in a way that is likely to cause substantial harm to public health or public safety or to cause substantial damage to property; or

(b) the space object is or contains a nuclear weapon or a weapon of mass destruction of any other kind; or

(c) the launch or return does not comply with a term or condition of the agreement that requires insurance cover to be obtained in connection with the launch or return;

(d) in the case of a body corporate—a fine not exceeding 100,000 penalty units; or

(e) in the case of an individual—imprisonment for a term not exceeding 10 years, or a fine not exceeding 600 penalty units, or both.

Note 1: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

Note 2: See section 4AA of the Crimes Act 1914 for the current value of a penalty unit.

(4) The Minister may take civil proceedings under Part 6 against a person who is alleged to have committed an offence against subsection (3), as an alternative to prosecution.

(5) An application may be made to the Administrative Appeals Tribunal for review of any decision made under an agreement mentioned in subsection (1) (including a decision made before this Act commenced):

For this purpose, the decision is treated as though it had been made in the exercise of a power conferred by this Act.

(6) Subsection (1) does not apply to Part 5 (which deals with the Register of Space Objects) or to Part 7 (which deals with investigating accidents and incidents).

109 Regulations

Schedule 1—Convention on International Liability for Damage Caused by Space Objects

Note: This is the copy of the Convention referred to in the definition of Liability Convention in section 8 of this Act.

THE STATES PARTIES TO THIS CONVENTION,

RECOGNISING the common interest of all mankind in furthering the exploration and use of outer space for peaceful purposes,

RECALLING the Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and other Celestial Bodies,

TAKING INTO CONSIDERATION that, notwithstanding the precautionary measures to be taken by States and international intergovernmental organisations involved in the launching of space objects, damage may on occasion be caused by such objects,

RECOGNISING the need to elaborate effective international rules and procedures concerning liability for damage caused by space objects and to ensure, in particular, the prompt payment under the terms of this Convention of a full and equitable measure of compensation to victims of such damage,

BELIEVING that the establishment of such rules and procedures will contribute to the strengthening of international co-operation in the field of the exploration and use of outer space for peaceful purposes,

HAVE AGREED on the following:

Article I

For the purposes of this Convention:

(a) The term “damage” means loss of life, personal injury or other impairment of health; or loss of or damage to property of States or of persons, natural or juridical, or property of international intergovernmental organisations;

(b) The term “launching” includes attempted launching;

(c) The term “launching State” means:

(i) a state which launches or procures the launching of a space object;

(ii) a State from whose territory or facility a space object is launched;

(d) The term “space object” includes component parts of a space object as well as its launch vehicle and parts thereof.

Article II

A launching State shall be absolutely liable to pay compensation for damage caused by its space object on the surface of the earth or to aircraft in flight.

Article III

In the event of damage being caused elsewhere than on the surface of the earth to a space object of one launching State or to persons or property on board such a space object by a space object of another launching State, the latter shall be liable only if the damage is due to its fault or the fault of persons for whom it is responsible.

Article IV

1. In the event of damage being caused elsewhere than on the surface of the earth to a space object of one launching State or to persons or property on board such a space object by a space object of another launching State, and of damage thereby being caused to a third State or to its natural or juridical persons, the first two States shall be jointly and severally liable to the third State, to the extent indicated by the following:

(a) If the damage has been caused to the third State on the surface of the earth or to aircraft in flight, their liability to the third State shall be absolute;

(b) If the damage has been caused to a space object of the third State or to persons or property on board that space object elsewhere than on the surface of the earth, their liability to the third State shall be based on the fault of either of the first two States or on the fault of persons for whom either is responsible.

2. In all cases of joint and several liability referred to in paragraph 1 of this Article, the burden of compensation for the damage shall be apportioned between the first two States in accordance with the extent to which they were at fault; if the extent of the fault of each of these States cannot be established, the burden of compensation shall be apportioned equally between them. Such apportionment shall be without prejudice to the right of the third State to seek the entire compensation due under this Convention from any or all of the launching States which are jointly and severally liable.

Article V

1. Whenever two or more States jointly launch a space object, they shall be jointly and severally liable for any damage caused.

2. A launching State which has paid compensation for damage shall have the right to present a claim for indemnification to other participants in the joint launching. The participants in a joint launching may conclude agreements regarding the apportioning among themselves of the financial obligation in respect of which they are jointly and severally liable. Such agreements shall be without prejudice to the right of a State sustaining damage to seek the entire compensation due under this Convention from any or all of the launching States which are jointly and severally liable.

3. A State from whose territory or facility a space object is launched shall be regarded as a participant in a joint launching.

Article VI

1. Subject to the provisions of paragraph 2 or this Article, exoneration from absolute liability shall be granted to the extent that a launching State establishes that the damage has resulted either wholly or partially from gross negligence or from an act or omission done with intent to cause damage on the part of a claimant State or of natural or juridical persons it represents.

2. No exoneration whatever shall be granted in cases where the damage has resulted from activities conducted by a launching State which are not in conformity with international law including, in particular, the Charter of the United Nations and the Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and other Celestial Bodies.

Article VII

The provisions of this Convention shall not apply to damage caused by a space object of a launching State to:

(a) nationals of that launching State;

(b) foreign nationals during such time as they are participating in the operation of that space object from the time of its launching or at any stage thereafter until its descent, or during such time as they are in the immediate vicinity of a planned launching or recovery area as the result of an invitation by that launching State.

Article VIII

1. A State which suffers damage, or whose natural or juridical persons suffer damage, may present to a launching State a claim for compensation for such damage.

2. If the State of nationality has not presented a claim, another State may, in respect of damage sustained in its territory by any natural or juridical person, present a claim to a launching State.

3. If neither the State of nationality nor the State in whose territory the damage was sustained has presented a claim or notified its intention of presenting a claim, another State may, in respect of damage sustained by its permanent residents, present a claim to a launching State.

Article IX

A claim for compensation for damage shall be presented to a launching State through diplomatic channels. If a State does not maintain diplomatic relations with the launching State concerned, it may request another State to present its claim to that launching State or otherwise represent its interests under this Convention. It may also present its claim through the Secretary-General of the United Nations, provided the claimant State and the launching State are both Members of the United Nations.

Article X

1. A claim for compensation for damage may be presented to a launching State not later than one year following the date of the occurrence of the damage or the identification of the launching State which is liable.

2. If, however, a State does not know of the occurrence of the damage or has not been able to identify the launching State which is liable, it may present a claim within one year following the date on which it learned of the aforementioned facts; however, this period shall in no event exceed one year following the date on which the State could reasonably be expected to have learned of the facts through the exercise of due diligence.

3. The time-limits specified in paragraphs 1 and 2 of this Article shall apply even if the full extent of the damage may not be known. In this event, however, the claimant State shall be entitled to revise the claim and submit additional documentation after the expiration of such time-limits until one year after the full extent of the damage is known.

Article XI

1. Presentation of a claim to a launching State for compensation for damage under this Convention shall not require the prior exhaustion of any local remedies which may be available to a claimant State or to natural or juridical persons it represents.

2. Nothing in this Convention shall prevent a State, or natural or juridical persons it might represe

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