Commonwealth: Space Activities Amendment (Launches and Returns) Act 2018 (Cth)

Space Activities Amendment (Launches and Returns) Act 2018 No. 92, 2018 An Act to amend the Space Activities Act 1998, and for related purposes Contents 1 Short title 2 Commencement 3 Schedules Schedule 1—Main amendments Space Activities Act 1998 Schedule 2—Consequential amendments Customs Tariff Act 1995 Space Activities Amendment (Launches and Returns) Act 2018 No. 92, 2018 An Act to amend the Space Activities Act 1998, and for related purposes [Assented to 31 August 2018] The Parliament of Australia enacts: 1 Short title This Act is the Space Activities Amendment (Launches and Returns) Act 2018. 2 Commencement (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms. Commencement information Column 1 Column 2 Column 3 Provisions Commencement Date/Details 1. The whole of this Act A single day to be fixed by Proclamation. 31 August 2019 However, if the provisions do not commence within the period of 12 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period. Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act. (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act. 3 Schedules Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms. Schedule 1—Main amendments Space Activities Act 1998 1 Title After "space activities", insert "and high power rockets". 2 Before section 1 Insert: Division 1—Preliminary provisions 3 Section 1 Omit "Space Activities Act 1998", substitute "Space (Launches and Returns) Act 2018". Note: This item amends the short title of the Act. If another amendment of the Act is described by reference to the Act's previous short title, that other amendment has effect after the commencement of this item as an amendment of the Act under its amended short title (see section 10 of the Acts Interpretation Act 1901). 4 Paragraph 3(b) Repeal the paragraph, substitute: (aa) to establish a system for the regulation of the launch of high power rockets in Australia; and (b) to ensure that a reasonable balance is achieved between: (i) the removal of barriers to participation in space activities and the encouragement of innovation and entrepreneurship in the space industry; and (ii) the safety of space activities, and the risk of damage to persons or property as a result of space activities, regulated by this Act; and 5 Paragraph 3(c) Omit "Treaties; and", substitute "Treaties.". 6 Paragraph 3(d) Repeal the paragraph. 7 Section 4 Repeal the section, substitute: 4 Simplified outline of this Act • Persons carrying on various space activities or launches of high power rockets in Australia must have the activities or launches approved. • Australian nationals carrying on various space activities outside Australia must have the activities approved. • There are provisions about liability for damage caused by space objects or high power rockets. • There is a Register of Space Objects that is publicly available on the Department's website. The register includes details for certain space objects launched under an Australian launch permit, overseas payload permit or authorisation certificate. • Investigators can investigate accidents or incidents involving: (a) a space object launched from a launch facility in Australia or from an aircraft that is in the airspace over Australian territory; or (b) a space object returned to a place or area in Australia; or (c) a high power rocket launched from a facility or place in Australia. 8 After section 6 Insert: 6A Extraterritorial operation (1) This Act applies both within and outside Australia. (2) Section 14.1 of the Criminal Code does not apply to an offence against this Act. 9 Part 2 (heading) Repeal the heading, substitute: Division 2—Definitions 10 Section 8 Insert: aircraft means any machine or craft that can derive support in the atmosphere from the reactions of the air, other than the reactions of the air against the earth's surface. 11 Section 8 (definition of approved scientific or educational organisation) Repeal the definition. 12 Section 8 Insert: Astronauts and Objects Agreement means 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, as amended and in force for Australia from time to time. Note: The Agreement is in Australian Treaty Series 1986 No. 8 ([1986] ATS 8) and could in 2018 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au). Australian aircraft means an aircraft registered in Australia. Australian high power rocket permit means a permit granted under section 38. Australian launch permit means a permit granted under section 28. 13 Section 8 (after paragraph (a) of the definition of Australian national) Insert: (aa) an Australian resident; or 14 Section 8 Insert: Australian resident means an individual who resides in Australia and is the holder (within the meaning of the Migration Act 1958) of a permanent visa (within the meaning of that Act). Australian territory means the following: (a) the territory of Australia and of each external Territory; (b) the territorial sea of Australia; (c) the waters of the sea on the landward side of the territorial sea of Australia, but not within the limits of a State or internal Territory; (d) the territorial sea of each external Territory; (e) the waters of the sea on the landward side of the territorial sea of each external Territory, but not within the limits of the external Territory. authorisation certificate means a certificate issued under section 46U. Chicago Convention means: (a) the Convention on International Civil Aviation done at Chicago on 7 December 1944, whose English text is set out in Schedule 1 to the Air Navigation Act 1920; and (b) the Protocols amending that Convention that are referred to in subsection 3A(2) of that Act, whose English texts are set out in Schedules to that Act; and (c) the Annexes to that Convention that relate to international standards and recommended practices and that are adopted in accordance with that Convention. 15 Section 8 (definition of civil penalty provision) Repeal the definition, substitute: civil penalty provision has the same meaning as in the Regulatory Powers Act. 16 Section 8 (definition of damage) Repeal the definition, substitute: damage: (a) in relation to a space object—has the same meaning as in the Liability Convention; and (b) in relation to a high power rocket—means loss of life, personal injury or other impairment of health or loss of or damage to property of persons. 17 Section 8 (definition of exemption certificate) Repeal the definition. 18 Section 8 Insert: Federal Circuit Court means the Federal Circuit Court of Australia. Federal Court means the Federal Court of Australia. foreign aircraft means an aircraft that is not an Australian aircraft. 19 Section 8 (definition of gross negligence) Omit "regulations" (wherever occurring), substitute "rules". 20 Section 8 Insert: high power rocket means an object of a kind prescribed by the rules for the purposes of this definition. 21 Section 8 (definition of insured amount) Omit "a launch permit, overseas launch certificate or section 43 authorisation", substitute "an Australian launch permit, Australian high power rocket permit, overseas payload permit or return authorisation". 22 Section 8 (definition of insured amount) Omit ", certificate" (wherever occurring). 23 Section 8 (definition of intergovernmental agreement with Russia) Repeal the definition. 24 Section 8 (definition of launch) Repeal the definition, substitute: launch: (a) a space object, means launch the whole or a part of the object into an area beyond the distance of 100 km above mean sea level, or attempt to do so; or (b) a high power rocket, means launch the rocket into an area that is not beyond the distance of 100 km above mean sea level, or attempt to do so. 25 Section 8 Insert: launch facility licence means a licence granted under section 18. launch party, for the launch of a high power rocket, means: (a) in the case of a launch authorised by an Australian high power rocket permit—the holder of the permit; or (b) in the case of a launch that: (i) is not authorised as mentioned in paragraph (a); but (ii) is covered by an authorisation certificate; the holder of the authorisation certificate; or (c) in any other case—each of the following persons: (i) the person or persons who carried out the launch of the high power rocket; (ii) any other person specified in the rules made for the purposes of this definition. 26 Section 8 (definition of launch permit) Repeal the definition. 27 Section 8 (definition of Launch Safety Officer) Repeal the definition, substitute: Launch Safety Officer means: (a) for a launch of a space object covered by an Australian launch permit—the person appointed under section 50 for the launch; or (b) for a return to a place or area in Australia of a space object covered by an Australian launch permit or a return authorisation—the person appointed under section 50 for the return. 28 Section 8 (definition of launch vehicle) Repeal the definition. 29 Section 8 (definition of Liability Convention) Repeal the definition, substitute: Liability Convention means the Convention on International Liability for Damage Caused by Space Objects, done at London, Moscow and Washington on 29 March 1972, as amended and in force for Australia from time to time. Note: The Convention is in Australian Treaty Series 1975 No. 5 ([1975] ATS 5) and could in 2018 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au). 30 Section 8 (paragraphs (a) and (b) of the definition of liability period) Omit "regulations", substitute "rules". 31 Section 8 (at the end of the definition of liability period) Add: ; and (c) for the launch of a high power rocket—the period of 30 days beginning when the launch takes place, or such other period as is specified in the rules. 32 Section 8 (definition of licensed launch facility) Omit "space licence: see section 18", substitute "launch facility licence". 33 Section 8 Insert: Moon and other Celestial Bodies Agreement means the Agreement Governing the Activities of States on the Moon and other Celestial Bodies, done at New York on 18 December 1979, as amended and in force for Australia from time to time. Note: The Agreement is in Australian Treaty Series 1986 No. 14 ([1986] ATS 14) and could in 2018 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au). Outer Space Treaty means 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, as amended and in force for Australia from time to time. Note: The Treaty is in Australian Treaty Series 1967 No. 24 ([1967] ATS 24) and could in 2018 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au). 34 Section 8 (definition of overseas launch certificate) Repeal the definition. 35 Section 8 Insert: overseas payload permit means a permit granted under section 46B. 36 Section 8 (definition of payload) Repeal the definition. 37 Section 8 (definition of Registration Convention) Repeal the definition, substitute: Registration Convention means the Convention on Registration of Objects Launched into Outer Space, done at New York on 14 January 1975, as amended and in force for Australia from time to time. Note: The Convention is in Australian Treaty Series 1986 No. 5 ([1986] ATS 5) and could in 2018 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au). 38 Section 8 Insert: Regulatory Powers Act means the Regulatory Powers (Standard Provisions) Act 2014. 39 Section 8 (paragraph (a) of the definition of responsible party) Omit "a launch permit", substitute "an Australian launch permit". 40 Section 8 (paragraph (b) of the definition of responsible party) Omit "a permission under subsection 43(1)—the holder of the permission", substitute "a return authorisation—the holder of the authorisation". 41 Section 8 (paragraph (c) of the definition of responsible party) Repeal the paragraph. 42 Section 8 (subparagraph (d)(i) of the definition of responsible party) Omit ", (b) or (c)", substitute "or (b)". 43 Section 8 (subparagraph (d)(ii) of the definition of responsible party) Omit "exemption certificate (see section 46)", substitute "authorisation certificate". 44 Section 8 (paragraph (d) of the definition of responsible party) Omit "the exemption certificate", substitute "the authorisation certificate". 45 Section 8 (paragraph (e) of the definition of responsible party) Omit "overseas launch certificate—the holder of the certificate", substitute "overseas payload permit—the holder of the permit". 46 Section 8 (subparagraph (f)(iii) of the definition of responsible party) Omit "regulations", substitute "the rules". 47 Section 8 (definition of responsible party) Omit "But, in relation to a launch to which paragraph (f) applies, if the space object was launched from a launch facility outside Australia,", substitute "But, in relation to a launch or return to which paragraph (f) applies, if the space object was launched from a facility (whether fixed or mobile), or place, outside Australia, or if the space object was returned to a place or area outside Australia,". 48 Section 8 Insert: return authorisation means an authorisation given under section 46L. rules means the rules made by the Minister under section 110. 49 Section 8 (definition of space licence) Repeal the definition. 50 Subsection 8(1) (definition of space object) Repeal the definition, substitute: space object means: (a) an object the whole or a part of which is to go into or come back from an area beyond the distance of 100 km above mean sea level; or (b) any part of such an object, even if the part is to go only some of the way towards or back from an area beyond the distance of 100 km above mean sea level. 51 Section 8 (definition of standard launch permit condition) Repeal the definition. 52 Section 8 (definition of third party) Repeal the definition, substitute: third party: (a) 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; and (b) for the launch of a high power rocket—means a person who is not a launch party for the launch and who is not a related party (see section 9) of any launch party for the launch. 53 Section 8 (paragraphs (c), (d) and (e) of the definition of UN space treaties) Repeal the paragraphs, substitute: (c) the Outer Space Treaty; (d) the Moon and other Celestial Bodies Agreement; (e) the Astronauts and Objects Agreement. 54 Sections 8A to 8C Repeal the sections. 55 After subsection 9(1) Insert: (1A) A person (the first person) is a related party of a launch party for the launch of a high power rocket if: (a) the first person has a financial or ownership interest in all or part of the high power rocket; or (b) the first person was involved in preparing all or part of the high power rocket for the launch; or (c) the first person is a contractor, subcontractor or supplier involved in the launch or the preparation of all or part of the high power rocket for the launch; or (d) the first person is a director, officer, employee or agent of the launch party. 56 Subsection 9(2) Omit "regulations", substitute "rules". 57 At the end of subsection 9(2) Add "or a launch party". 58 Part 3 (heading) Repeal the heading, substitute: Part 3—Regulation of space activities and high power rockets 59 Section 10 Repeal the section, substitute: Division 1A—Simplified outline of this Part 10 Simplified outline of this Part • The operation of a launch facility in Australia requires a launch facility licence. • A launch of a space object from a launch facility in Australia, from an Australian aircraft that is in flight or from a foreign aircraft that is in the airspace over Australian territory requires an Australian launch permit or an authorisation certificate. • A launch of a high power rocket from a facility or place in Australia requires an Australian high power rocket permit or an authorisation certificate. • A launch of a space object from a facility or place outside Australia by an Australian national requires an overseas payload permit or an authorisation certificate. • A return of a space object to a place or area in Australia requires an Australian launch permit, a return authorisation or an authorisation certificate. • A return of a space object to a place or area outside Australia by an Australian national requires a return authorisation or an authorisation certificate. • The Minister may take into account the security, defence or international relations of Australia in deciding whether to grant a licence, permit or authorisation under this Part. • The Minister is to appoint a Launch Safety Officer for certain space activities. 60 Division 1 of Part 3 (heading) Repeal the heading, substitute: Division 1—Offences and civil penalties 61 Sections 11 to 15 Repeal the sections, substitute: 11 Launch facility 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, unless: (a) the person holds a launch facility licence for the launch facility; or (b) the person is a related party, for any launches conducted from the facility, of a person who holds such a licence; or (c) the person is acting as an employee, contractor or agent of a person who holds such a licence; or (d) an authorisation certificate covering the operation of the facility, or the things connected with the operation, is held by any person. Civil penalty: 1,000 penalty units. 12 Launch of space object from Australian launch facility, Australian aircraft or foreign aircraft in airspace over Australian territory A person commits an offence if: (a) the person: (i) launches a space object from a launch facility in Australia; or (ii) launches a space object from an Australian aircraft that is in flight; or (iii) launches a space object from a foreign aircraft that is in the airspace over Australian territory; and (b) the launch is not authorised by an Australian launch permit held by any person; and (c) no authorisation certificate covering the launch is held by any person. Penalty: (a) for an individual—imprisonment for 10 years or 5,500 penalty units, or both; or (b) for a body corporate—100,000 penalty units. 13 Launch of high power rocket from Australia A person commits an offence if: (a) the person launches a high power rocket from a facility (whether fixed or mobile), or place, in Australia; and (b) the launch is not authorised by an Australian high power rocket permit held by any person; and (c) no authorisation certificate covering the launch is held by any person. Penalty: (a) for an individual—imprisonment for 10 years or 5,500 penalty units, or both; or (b) for a body corporate—100,000 penalty units. 14 Launch of space object from outside Australia A person commits an offence if: (a) a space object is launched from a facility (whether fixed or mobile), or place, outside Australia; and (b) the person is a responsible party for the launch; and (c) the launch is not authorised by an overseas payload permit held by any person; and (d) no authorisation certificate covering the launch is held by any person. Note: In this context, the effect of the definition of responsible party in section 8 is that the person is a responsible party only if the person is also an Australian national. Penalty: (a) for an individual—imprisonment for 10 years or 5,500 penalty units, or both; or (b) for a body corporate—100,000 penalty units. 15 Return of space object to Australia A person commits an offence if: (a) the person returns a space object to a place or area in Australia; and (b) the return of the object to that place or area is not authorised by an Australian launch permit held by any person; and (c) the return of the object to that place or area is not authorised by a return authorisation held by any person; and (d) no authorisation certificate covering the return is held by any person. Penalty: (a) for an individual—imprisonment for 10 years or 5,500 penalty units, or both; or (b) for a body corporate—100,000 penalty units. 15A Return of space object outside Australia A person commits an offence if: (a) a space object is returned to a place or area outside Australia; and (b) the person is a responsible party for the return; and (c) the return of the object to that place or area is not authorised by a return authorisation held by any person; and (d) no authorisation certificate covering the return is held by any person. Note: In this context, the effect of the definition of responsible party in section 8 is that the person is a responsible party only if the person is also an Australian national. Penalty: (a) for an individual—imprisonment for 10 years or 5,500 penalty units, or both; or (b) for a body corporate—100,000 penalty units. 62 Section 16 (example) Omit "space licence or launch permit", substitute "launch facility licence or Australian launch permit". 63 Divisions 2 to 6 of Part 3 Repeal the Divisions, substitute: Division 2—Launch facility licences 18 Granting a launch facility licence The Minister may grant to a person a launch facility licence covering a particular launch facility in Australia if: (a) the Minister is satisfied that the person is competent to operate the launch facility; and (b) the Minister is satisfied that all necessary environmental approvals under Australian law have been obtained, and that an adequate environmental plan has been made, for the construction and operation of the launch facility; and (c) the Minister is satisfied that the person has sufficient funding to construct and operate the launch facility; and (d) the Minister is satisfied that the probability of the construction and operation of the launch facility causing substantial harm to public health or public safety or causing substantial damage to property is as low as is reasonably practicable; and (e) the Minister does not consider that, for reasons relevant to the security, defence or international relations of Australia, the launch facility licence should not be granted; and (f) the criteria (if any) prescribed by the rules are satisfied in relation to the launch facility. 19 Terms of launch facility licence A launch facility licence: (a) must specify the day on which it comes into force; and (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 conditions in section 20 and any other conditions specified in the licence. 20 Standard launch facility licence conditions The following are conditions of each launch facility 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; (b) any other condition prescribed by the rules for the purposes of this paragraph. 21 Breaching a launch facility licence condition The holder of a launch facility licence must not contravene a condition of the licence. Civil penalty: 1,000 penalty units. 22 Transfer of launch facility licence (1) The Minister may, by written notice, transfer a launch facility licence to another person if the Minister could grant the licence to the other person under section 18. Note: See section 25 for the procedure for transferring a launch facility licence. (2) The transfer takes effect at the time specified in the notice. (3) The Minister must give a copy of the notice to: (a) the holder of the licence immediately before the transfer; and (b) the other person. (4) The licence continues to cover the same launch facility. (5) The licence is subject to the same conditions as those in force immediately before the transfer (unless the Minister varies the conditions). (6) The period for which the licence remains in force continues to run despite the transfer. 23 Varying or revoking a launch facility licence (1) The Minister may, in writing, vary or revoke a launch facility licence held by a person. Note: See section 25 for the procedure for varying or revoking a launch facility licence. (2) The Minister must give notice of the variation or revocation to the person. The notice must specify the day the variation or revocation takes effect. 24 Applying for the grant, variation or transfer of a launch facility licence (1) An application for the grant, variation or transfer of a launch facility licence must be made in accordance with the rules. (2) Without limiting subsection (1), the rules may provide for the lodging of documents at times worked out in accordance with the rules. 25 Procedure etc. (1) If the Minister considers that there may be grounds to vary, revoke or transfer a launch facility 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 launch facility licence, the Minister must consider the matters raised in any submission received within the period specified in the notice. (3) The Minister must not vary a launch facility licence in a way that changes the location of the licensed launch facility. (4) The rules may prescribe other ways in which the Minister must not vary a launch facility licence. 26 Suspending a launch facility licence (1) The Minister may, in writing, suspend a launch facility licence if: (a) the holder of the licence contravenes a condition of the licence; or (b) the Minister considers that, for reasons relevant to the security, defence or international relations of Australia, the licence should be suspended. (2) The Minister must give notice of the suspension to the holder of the licence. The notice must specify the day the suspension takes effect. (3) A launch facility licence has no effect while suspended, but the period for which it remains in force continues to run despite the suspension. (4) The Minister may, in writing, revoke a suspension under subsection (1). (5) The Minister must give notice of the revocation to the holder of the licence. The notice must specify the day the revocation takes effect. (6) The Minister may vary or revoke a launch facility licence even while it is suspended. 27 Basis on which launch facility licence is granted A launch facility licence is granted on the basis that: (a) the licence may be transferred under section 22; and (b) the licence may be revoked under section 23; and (c) the licence may be varied under section 23; and (d) the licence may be suspended under section 26; and (e) the licence may be transferred, revoked, varied or suspended by or under later legislation; and (f) no compensation is payable if the licence is transferred, revoked, varied or suspended as mentioned in any of the above paragraphs. Division 3—Australian launch permits 28 Granting an Australian launch permit (1) The Minister may grant to a person an Australian launch permit authorising: (a) the launch of one or more space objects; or (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 Australian launch permit; from a specified launch facility in Australia, a specified Australian aircraft that is in flight or a specified foreign aircraft that is in the airspace over Australian territory. (2) The Australian launch permit may also authorise one or more 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 an area beyond the distance of 100 km above mean sea level and return without it, or even collect a different payload from an area beyond the distance of 100 km above mean sea level and return that to Earth. (3) The Minister may grant the Australian launch permit to the person only if all of the following criteria are met: (a) 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; (b) the Minister is satisfied that the insurance/financial requirements in Division 7 will be satisfied for the launch or launches, and any connected return; (c) 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 as low as is reasonably practicable; (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 the security, defence or international relations of Australia, the permit should not be granted; (f) any other criteria prescribed by the rules for the purposes of this paragraph. (4) If a foreign country is also a launching State for the space object or any of the space objects, the Minister may, in deciding whether to grant the Australian launch permit, have regard to: (a) whether there is an agreement between Australia and that foreign country under which that foreign country assumes any liability, and indemnifies Australia, for any damage that the space object or objects may cause; and (b) the terms of that agreement. (5) Subsections (3) and (4) do not limit the matters to which the Minister may have regard. 29 Terms of Australian launch permit (1) An Australian launch permit authorising the launch of a space object or objects, and any connected return: (a) must specify the day on which the permit comes into force and the period for which it remains in force; and (b) is granted subject to the conditions in section 30 and any other conditions specified in the permit. (2) An Australian launch permit may specify that the period for which it remains in force ends on the occurrence of a particular event (rather than at a specified time). For this purpose, the rules may set out how to determine when events of a particular kind occur. Example: An Australian launch permit might specify that it expires when the relevant launch has been (successfully or unsuccessfully) completed. The rules could set out how to determine when this is. (3) At any time when an Australian launch permit is in force, the Minister may, by written notice given to the holder of the permit, extend or further extend the period for which the permit remains in force. 30 Standard Australian launch permit conditions The following are conditions of each Australian launch permit, 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 space object or objects must not contain a nuclear power source unless the Minister's written approval has first been obtained; (d) the holder of the permit must satisfy the insurance/financial requirements in Division 7 for each launch, and each return, conducted under the permit; (e) any other conditions prescribed by the rules for the purposes of this paragraph. 31 Breaching an Australian launch permit condition Offence (1) A person commits an offence if: (a) the person is the holder of an Australian launch permit; and (b) the person does an act or omits to do an act; and (c) the act or omission contravenes a condition of the permit; and (d) the condition is a condition to which the permit is subject under paragraph 30(a), (b), (c) or (d). Penalty: (a) for an individual—imprisonment for 10 year or 5,500 penalty units, or both; or (b) for a body corporate—100,000 penalty units. Civil penalty (2) The holder of an Australian launch permit must not contravene a condition of the permit. Civil penalty: 1,000 penalty units. 32 Transfer of Australian launch permit (1) The Minister may, by written notice, transfer an Australian launch permit to another person if the Minister could grant the permit to the other person under section 28. Note: See section 35 for the procedure for transferring an Australian launch permit. (2) The transfer takes effect at the time specified in the notice. (3) The Minister must give a copy of the notice to: (a) the holder of the permit immediately before the transfer; and (b) the other person. (4) The permit continues to cover the same launch facility, Australian aircraft or foreign aircraft and the same space object or objects. (5) The permit is subject to the same conditions as those in force immediately before the transfer (unless the Minister varies the conditions). (6) The period for which the permit remains in force continues to run despite the transfer. 33 Varying or revoking an Australian launch permit (1) The Minister may, in writing, vary or revoke an Australian launch permit held by a person. Note: See section 35 for the procedure for varying or revoking an Australian launch permit. (2) The Minister must give notice of the variation or revocation to the person. The notice must specify the day the variation or revocation takes effect. 34 Applying for the grant, variation or transfer of an Australian launch permit (1) An application for the grant, variation or transfer of an Australian launch permit must be made in accordance with the rules. Debris mitigation strategy (2) Without limiting subsection (1), an application for the grant of an Australian launch permit must include a strategy for debris mitigation. (3) The strategy must address the matters prescribed by the rules for the purposes of this subsection. (4) Subsection (3) does not limit the matters that may be included in the strategy. 35 Procedure etc. (1) If the Minister considers that there may be grounds to vary, revoke or transfer an Australian 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) If the permit relates to a launch facility in Australia, the Minister must not vary the permit in a way that changes the location of the launch facility. (4) The rules may prescribe other ways in which the Minister must not vary an Australian launch permit. 36 Suspending an Australian launch permit (1) The Minister may, in writing, suspend an Australian launch permit if: (a) the holder of the permit contravenes a condition of the permit; or (b) the Minister considers that, for reasons relevant to the security, defence or international relations of Australia, the permit should be suspended; or (c) an incident involving a space object covered by the permit occurs during the liability period for the launch or return of the object. (2) The Minister must give notice of the suspension to the holder of the permit. The notice must specify the day the suspension takes effect. (3) An Australian launch permit has no effect while suspended, but the period for which it remains in force continues to run despite the suspension. (4) The Minister may, in writing, revoke a suspension under subsection (1). (5) The Minister must give notice of the revocation to the holder of the permit. The notice must specify the day the revocation takes effect. (6) The Minister may vary or revoke an Australian launch permit even while it is suspended. 37 Basis on which Australian launch permit is granted An Australian launch permit is granted on the basis that: (a) the permit may be transferred under section 32; and (b) the permit may be revoked under section 33; and (c) the permit may be varied under section 33; and (d) the permit may be suspended under section 36; and (e) the permit may be transferred, revoked, varied or suspended by or under later legislation; and (f) no compensation is payable if the permit is transferred, revoked, varied or suspended as mentioned in any of the above paragraphs. Division 4—Australian high power rocket permits 38 Granting an Australian high power rocket permit (1) The Minister may grant to a person an Australian high power rocket permit authorising the launch of a high power rocket from a specified facility (whether fixed or mobile), or specified place, in Australia. (2) The Minister may grant the Australian high power rocket permit to the person only if all of the following criteria are met: (a) the Minister is satisfied that the person who is to carry out the launch is competent to do so; (b) the Minister is satisfied that the insurance/financial requirements in Division 7 will be satisfied for the launch; (c) the Minister is satisfied that the probability of the launch causing substantial harm to public health or public safety or causing substantial damage to property is as low as is reasonably practicable; (d) the Minister does not consider that, for reasons relevant to the security, defence or international relations of Australia, the permit should not be granted; (e) any other criteria prescribed by the rules for the purposes of this paragraph. 39 Terms of Australian high power rocket permit (1) An Australian high power rocket permit authorising the launch of a high power rocket: (a) must specify the day on which the permit comes into force and the period for which it remains in force; and (b) is granted subject to the conditions in section 40 and any other conditions specified in the permit. (2) An Australian high power rocket permit may specify that the period for which it remains in force ends on the occurrence of a particular event (rather than at a specified time). For this purpose, the rules may set out how to determine when events of a particular kind occur. Example: An Australian high power rocket permit might specify that it expires when the relevant launch has been (successfully or unsuccessfully) completed. The rules could set out how to determine when this is. (3) At any time when an Australian high power rocket permit is in force, the Minister may, by written notice given to the holder of the permit, extend or further extend the period for which the permit remains in force. 40 Standard Australian high power rocket permit conditions The following are conditions of each Australian high power rocket permit, except to the extent that the permit otherwise specifies: (a) the launch 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 holder of the permit must satisfy the insurance/financial requirements in Division 7 for the launch conducted under the permit; (c) any other conditions prescribed by the rules for the purposes of this paragraph. 41 Breaching an Australian high power rocket permit condition Offence (1) A person commits an offence if: (a) the person is the holder of an Australian high power rocket permit; and (b) the person does an act or omits to do an act; and (c) the act or omission contravenes a condition of the permit; and (d) the condition is a condition to which the permit is subject under paragraph 40(a) or (b). Penalty: (a) for an individual—imprisonment for 10 year or 5,500 penalty units, or both; or (b) for a body corporate—100,000 penalty units. Civil penalty (2) The holder of an Australian high power rocket permit must not contravene a condition of the permit. Civil penalty: 1,000 penalty units. 42 Transfer of Australian high power rocket permit (1) The Minister may, by written notice, transfer an Australian high power rocket permit to another person if the Minister could grant the permit to the other person under section 38. Note: See section 45 for the procedure for transferring an Australian high power rocket permit. (2) The transfer takes effect at the time specified in the notice. (3) The Minister must give a copy of the notice to: (a) the holder of the permit immediately before the transfer; and (b) the other person. (4) The permit continues to cover the same facility or place and the same high power rocket. (5) The permit is subject to the same conditions as those in force immediately before the transfer (unless the Minister varies the conditions). (6) The period for which the permit remains in force continues to run despite the transfer. 43 Varying or revoking an Australian high power rocket permit (1) The Minister may, in writing, vary or revoke an Australian high power rocket permit held by a person. Note: See section 45 for the procedure for varying or revoking an Australian high power rocket permit. (2) The Minister must give notice of the variation or revocation to the person. The notice must specify the day the variation or revocation takes effect. 44 Applying for the grant, variation or transfer of an Australian high power rocket permit An application for the grant, variation or transfer of an Australian high power rocket permit must be made in accordance with the rules. 45 Procedure etc. (1) If the Minister considers that there may be grounds to vary, revoke or transfer an Australian high power rocket 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) The rules may prescribe the ways in which the Minister must not vary an Australian high power rocket permit. 46 Suspending an Australian high power rocket permit (1) The Minister may, in writing, suspend an Australian high power rocket permit if: (a) the holder of the permit contravenes a condition of the permit; or (b) the Minister considers that, for reasons relevant to the security, defence or international relations of Australia, the permit should be suspended; or (c) an incident involving the high power rocket covered by the permit occurs during the liability period for the launch of the rocket. (2) The Minister must give notice of the suspension to the holder of the permit. The notice must specify the day the suspension takes effect. (3) An Australian high power rocket permit has no effect while suspended, but the period for which it remains in force continues to run despite the suspension. (4) The Minister may, in writing, revoke a suspension under subsection (1). (5) The Minister must give notice of the revocation to the holder of the permit. The notice must specify the day the revocation takes effect. (6) The Minister may vary or revoke an Australian high power rocket permit even while it is suspended. 46A Basis on which Australian high power rocket permit is granted An Australian high power rocket permit is granted on the basis that: (a) the permit may be transferred under section 42; and (b) the permit may be revoked under section 43; and (c) the permit may be varied under section 43; and (d) the permit may be suspended under section 46; and (e) the permit may be transferred, revoked, varied or suspended by or under later legislation; and (f) no compensation is payable if the permit is transferred, revoked, varied or suspended as mentioned in any of the above paragraphs. Division 5—Overseas payload permits 46B Granting an overseas payload permit (1) The Minister may grant to a person an overseas payload permit authorising: (a) the launch of one or more space objects; or (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 overseas payload permit; from a specified facility (whether fixed or mobile), or specified place, outside Australia using a specified launch vehicle. Note: Overseas payload permits are required only if an Australian national would be a responsible party for the launch—see section 14. (2) The Minister may grant the overseas payload permit to the person only if all of the following criteria are met: (a) either: (i) the Minister is satisfied that the insurance/financial requirements in Division 7 will be satisfied for each launch to be conducted under the permit; or (ii) the Minister notifies the person, in writing, that, having regard to the nature and purpose of the space object or space objects concerned, those requirements are not required to 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 the security, defence or international relations of Australia, the permit should not be granted; (d) any other criteria prescribed by the rules for the purposes of this paragraph. (3) The Minister may, in deciding whether to grant the overseas payload permit, have regard to: (a) whether there is an agreement or arrangement 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 (b) the terms of that agreement or arrangement. (4) Subsections (2) and (3) do not limit the matters to which the Minister may have regard. 46C Terms of overseas payload permit (1) An overseas payload permit 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 (b) is granted subject to any conditions specified in the permit. (2) An overseas payload permit may specify that the period for which it remains in force ends on the occurrence of a particular event (rather than at a specified time). For this purpose, the rules may set out how to determine when events of a particular kind occur. Example: An overseas payload permit might specify that its period expires when the relevant launch has been (successfully or unsuccessfully) completed. The rules could set out how to determine when this is. (3) At any time when an overseas payload permit is in force, the Minister may, by written notice given to the holder of the permit, extend or further extend the period for which the permit remains in force. 46D Breaching an overseas payload permit condition The holder of an overseas payload permit must not contravene a condition of the permit. Civil penalty: 1,000 penalty units. 46E Transfer of overseas payload permit (1) The Minister may, by written notice, transfer an overseas payload permit to another person if the Minister could grant the permit to the other person under section 46B. Note: See section 46H for the procedure for transferring an overseas payload permit. (2) The transfer takes effect at the time specified in the notice. (3) The Minister must give a copy of the notice to: (a) the holder of the permit immediately before the transfer; and (b) the other person. (4) The permit continues to cover the same facility or place, the same launch vehicle and the same space object or objects. (5) The permit is subject to the same conditions as those in force immediately before the transfer (unless the Minister varies the conditions). (6) The period for which the permit remains in force continues to run despite the transfer. 46F Varying or revoking an overseas payload permit (1) The Minister may, in writing, vary or revoke an overseas payload permit held by a person. Note: See section 46H for the procedure for varying or revoking an overseas payload permit. (2) The Minister must give notice of the variation or revocation to the person. The notice must specify the day the variation or revocation takes effect. 46G Applying for the grant, variation or transfer of an overseas payload permit (1) An application for the grant, variation or transfer of an overseas payload permit must be made in accordance with the rules. Debris mitigation strategy (2) Without limiting subsection (1), an application for the grant of an overseas payload permit must include a strategy for debris mitigation. (3) The strategy must address the matters prescribed by the rules for the purposes of this subsection. (4) Subsection (3) does not limit the matters that may be included in the strategy. 46H Procedure etc. (1) If the Minister considers that there may be grounds to vary, revoke or transfer an overseas payload 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) The rules may prescribe the ways in which the Minister must not vary an overseas payload permit. 46J Suspending an overseas payload permit (1) The Minister may, in writing, suspend an overseas payload permit if: (a) the holder of the permit contravenes a condition of the permit; or (b) if subparagraph 46B(2)(a)(i) applied—the Minister is satisfied that the insurance/financial requirements in Division 7 are not satisfied for a launch to be conducted under the permit; or (c) the Minister considers that, for reasons relevant to the security, defence or international relations of Australia, the permit should be suspended. (2) The Minister must give notice of the suspension to the holder of the permit. The notice must specify the day the suspension takes effect. (3) An overseas payload permit has no effect while suspended, but the period for which it remains in force continues to run despite the suspension. (4) The Minister may, in writing, revoke a suspension under subsection (1). (5) The Minister must give notice of the revocation to the holder of the permit. The notice must specify the day the revocation takes effect. (6) The Minister may vary or revoke an overseas payload permit even while it is suspended. 46K Basis on which overseas payload permit is granted An overseas payload permit is granted on the basis that: (a) the permit may be transferred under section 46E; and (b) the permit may be revoked under section 46F; and (c) the permit may be varied under section 46F; and (d) the permit may be suspended under section 46J; and (e) the permit may be transferred, revoked, varied or suspended by or under later legislation; and (f) no compensation is payable if the permit is transferred, revoked, varied or suspended as mentioned in any of the above paragraphs. Division 6—Return authorisations 46L Giving a return authorisation (1) The Minister may give a person a return authorisation that authorises: (a) the return of a space object to a specified place or area in Australia or outside 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 return authorisation. (2) The return or returns may be authorised under this section only if all of the following criteria are met: (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 as low as is reasonably practicable; (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 the security, defence or international relations of Australia, the authorisation should not be given; (f) any other criteria prescribed by the rules for the purposes of this paragraph. (3) The Minister may, in deciding whether to give a return authorisation, have regard to: (a) whether there is an agreement or arrangement 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 (b) the terms of that agreement or arrangement. (4) Subsections (2) and (3) do not limit the matters to which the Minister may have regard. (5) A return authorisation is subject to any conditions specified in the authorisation. 46M Offence and civil penalty relating to returns Offence (1) A person commits an offence if: (a) the person returns a space object purportedly in accordance with a return authorisation; and (b) one or more of the following applies: (i) 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; (ii) the space object is or contains a nuclear weapon or a weapon of mass destruction of any other kind; (iii) the space object contains a nuclear power source and the Minister's written approval for this has not first been obtained; (iv) the insurance/financial requirements in Division 7 are not satisfied for the return. Penalty: (a) for an individual—imprisonment for 10 years or 5,500 penalty units, or both; or (b) for a body corporate—100,000 penalty units. Civil penalty (2) A person must not return a space object purportedly in accordance with a return authorisation, in circumstances where one or more of the following applies: (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; (b) the space object is or contains a nuclear weapon or a weapon of mass destruction of any other kind; (c) the space object contains a nuclear power source and the Minister's written approval for this has not first been obtained; (d) the insurance/financial requirements in Division 7 are not satisfied for the return. Civil penalty: 1,000 penalty units. 46N Breaching a return authorisation condition The holder of a return authorisation must not contravene a condition of the authorisation. Civil penalty: 1,000 penalty units. 46P Varying or revoking a return authorisation (1) The Minister may, in writing, vary or revoke a return authorisation held by a person. Note: See section 46R for the procedure for varying or revoking a return authorisation. (2) The Minister must give notice of the variation or revocation to the person. The notice must specify the day the variation or revocation takes effect. 46Q Applying for the giving or variation of a return authorisation An application for the giving or variation of a return authorisation must be made in accordance with the rules. 46R Procedure etc. (1) If the Minister considers that there may be grounds to vary or revoke a return authorisation (other than at the authorisation holder's request), the Minister must: (a) give the holder of the authorisation 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 or revoke the authorisation, the Minister must consider the matters raised in any submission received within the period specified in the notice. 46S Suspending a return authorisation (1) The Minister may, in writing, suspend a return authorisation if: (a) the holder of the authorisation contravenes a condition of the authorisation; or (b) the Minister considers that, for reasons relevant to the security, defence or international relations of Australia, the authorisation should be suspended; or (c) an incident involving a space object covered by the authorisation occurs during the liability period for the return of the object. (2) The Minister must give notice of the suspension to the holder of the authorisation. The notice must specify the day the suspension takes effect. (3) A return authorisation has no effect while suspended. (4) The Minister may, in writing, revoke a suspension under subsection (1). (5) The Minister must give notice of the revocation to the holder of the authorisation. The notice must specify the day the revocation takes effect. (6) The Minister may vary or revoke a return authorisation even while it is suspended. 46T Basis on which return authorisation is given A return authorisation is given on the basis that: (a) the authorisation may be revoked under section 46P; and (b) the authorisation may be varied under section 46P; and (c) the authorisation may be suspended under section 46S; and (d) the authorisation may be revoked, varied or suspended by or under later legislation; and (e) no compensation is payable if the authorisation is revoked, varied or suspended as mentioned in any of the above paragraphs. Division 6A—Authorisation certificates 46U Authorisation certificates (1) The Minister may issue to any person an authorisation certificate covering specified conduct that might otherwise be prohibited by section 11, 12, 13, 14, 15 or 15A. Note: 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 rules may set out matters to which the Minister must have regard in deciding whether to issue an authorisation certificate. Example: The rules 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. (3) Subsection (2) does not limit the matters to which the Minister may have regard. (4) Within 7 sitting days of issuing an authorisation certificate, the Minister must cause a copy of the certificate to be tabled in each House of the Parliament. 46V Terms of authorisation certificate (1) An authorisation certificate: (a) comes into force on a specified day or when a specified event happens; and (b) remains in force for a specified period (which may be a period that ends on the occurrence of a specified event). (2) For the purposes of subsection (1), the rules may set out how to determine when events of a particular kind occur. (3) At any time when an authorisation certificate is in force, the Minister may, by written notice, extend or further extend the period for which the certificate remains in force. (4) An authorisation certificate is issued subject to any conditions specified in the certificate. 46W Breaching an authorisation certificate condition The holder of an authorisation certificate must not contravene a condition of the certificate. Civil penalty: 1,000 penalty units. 46X Varying or revoking an authorisation certificate (1) The Minister may, in writing, vary or revoke an authorisation certificate held by a person. (2) The Minister must give notice of the variation or revocation to the person. The notice must specify the day the variation or revocation takes effect. 46Y Basis on which authorisation certificate is issued An authorisation certificate is issued on the basis that: (a) the certificate may be revoked under section 46X; and (b) the certificate may be varied under section 46X; and (c) the certificate may be revoked or varied by or under later legislation; and (d) no compensation is payable if the certificate is revoked or varied as mentioned in any of the above paragraphs. 64 Subsection 47(1) Omit "and 5", substitute ", 5 and 6". 65 Subsection 47(2) Omit "a launch permit, overseas launch certificate or section 43 authorisation", substitute "an Australian launch permit, Australian high power rocket permit, overseas payload permit or return authorisation". 66 Paragraph 47(2)(b) Omit "regulations", substitute "rules". 67 Paragraph 47(2)(b) Omit "subsection 48(3)", substitute "subsection 48(4)". 68 Before subsection 48(1) Insert: Australian launch permit, or return authorisation for return to Australia 69 Paragraphs 48(1)(a) and (b) Repeal the paragraphs, substitute: (a) a launch or return authorised by an Australian launch permit; or (b) a return authorised by a return authorisation, where the return of the space object is to a place or area in Australia; 70 Paragraphs 48(1)(c) and (d) Omit "subsection (3)", substitute "subsection (4)". 71 Subsections 48(2) and (3) Repeal the subsections, substitute: Overseas payload permit, or return authorisation for return outside Australia (2) The insurance requirements are satisfied for: (a) a launch authorised by an overseas payload permit; or (b) a return authorised by a return authorisation, where the return of the space object is to a place or area outside Australia; if the Commonwealth is insured (to the extent required by subsection (4)) 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 or return causes. Note: 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. Australian high power rocket permit (3) The ins