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

Space (Launches and Returns) Act 2018 No. 123, 1998 Compilation No. 12 Compilation date: 14 October 2024 Includes amendments: Act No. 38, 2024 About this compilation This compilation This is a compilation of the Space (Launches and Returns) Act 2018 that shows the text of the law as amended and in force on 14 October 2024 (the compilation date). The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law. Uncommenced amendments The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law. Application, saving and transitional provisions for provisions and amendments If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes. Editorial changes For more information about any editorial changes made in this compilation, see the endnotes. Modifications If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law. Self‑repealing provisions If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes. Contents Part 1—Introduction Division 1—Preliminary provisions 1 Short title 2 Commencement 3 Objects of Act 4 Simplified outline of this Act 5 Act binds the Crown 6 External Territories 6A Extraterritorial operation 7 Application of Criminal Code Division 2—Definitions 8 Definitions 9 Related party Part 3—Regulation of space activities and high power rockets Division 1A—Simplified outline of this Part 10 Simplified outline of this Part Division 1—Offences and civil penalties 11 Launch facility licence required to operate a launch facility in Australia 12 Launch of space object from Australian launch facility, Australian aircraft or foreign aircraft in airspace over Australian territory 13 Launch of high power rocket from Australia 14 Launch of space object from outside Australia 15 Return of space object to Australia 15A Return of space object outside Australia 16 Commonwealth not bound 17 Activities of international space organisations Division 2—Launch facility licences 18 Granting a launch facility licence 19 Terms of launch facility licence 20 Standard launch facility licence conditions 21 Breaching a launch facility licence condition 22 Transfer of launch facility licence 23 Varying or revoking a launch facility licence 24 Applying for the grant, variation or transfer of a launch facility licence 25 Procedure etc. 26 Suspending a launch facility licence 27 Basis on which launch facility licence is granted Division 3—Australian launch permits 28 Granting an Australian launch permit 29 Terms of Australian launch permit 30 Standard Australian launch permit conditions 31 Breaching an Australian launch permit condition 32 Transfer of Australian launch permit 33 Varying or revoking an Australian launch permit 34 Applying for the grant, variation or transfer of an Australian launch permit 35 Procedure etc. 36 Suspending an Australian launch permit 37 Basis on which Australian launch permit is granted Division 4—Australian high power rocket permits 38 Granting an Australian high power rocket permit 39 Terms of Australian high power rocket permit 40 Standard Australian high power rocket permit conditions 41 Breaching an Australian high power rocket permit condition 42 Transfer of Australian high power rocket permit 43 Varying or revoking an Australian high power rocket permit 44 Applying for the grant, variation or transfer of an Australian high power rocket permit 45 Procedure etc. 46 Suspending an Australian high power rocket permit 46A Basis on which Australian high power rocket permit is granted Division 5—Overseas payload permits 46B Granting an overseas payload permit 46C Terms of overseas payload permit 46D Breaching an overseas payload permit condition 46E Transfer of overseas payload permit 46F Varying or revoking an overseas payload permit 46G Applying for the grant, variation or transfer of an overseas payload permit 46H Procedure etc. 46J Suspending an overseas payload permit 46K Basis on which overseas payload permit is granted Division 6—Return authorisations 46L Giving a return authorisation 46M Offence and civil penalty relating to returns 46N Breaching a return authorisation condition 46P Varying or revoking a return authorisation 46Q Applying for the giving or variation of a return authorisation 46R Procedure etc. 46S Suspending a return authorisation 46T Basis on which return authorisation is given Division 6A—Authorisation certificates 46U Authorisation certificates 46V Terms of authorisation certificate 46W Breaching an authorisation certificate condition 46X Varying or revoking an authorisation certificate 46Y Basis on which authorisation certificate is issued Division 7—Insurance/financial requirements 47 Satisfying the insurance/financial requirements 48 Insurance requirements 49 Additional insurance not precluded Division 8—Launch Safety Officer 50 Launch Safety Officer 51 Functions of Launch Safety Officer 52 Powers of Launch Safety Officer 53 Offence for contravening direction 55 Launch Safety Officer to comply with Minister's instructions 56 Seizures in emergency situations 57 Launch Safety Officer may obtain assistance 58 Identity cards Division 9—Administration etc. 59 Fees 60 Request for information 61 Review of decisions 62 Notice of decisions Part 4—Liability for damage by space objects Division 1A—Simplified outline of this Part 62A Simplified outline of this Part Division 1—Scope of Part 63 Damage covered 64 Compensation for third party damage by space objects to be determined solely under this Part Division 2—Liability for third party damage Subdivision A—Rules for damage caused by launches and most returns 66 Scope of Subdivision 67 Damage on Earth or in the air 68 Damage to other space objects 69 Limit on amount of permit or certificate holder's liability Subdivision B—Rules for certain returns conducted by overseas nationals 70 Scope of Subdivision 71 Liability Division 3—Procedure etc. 72 Federal Court and Federal Circuit and Family Court of Australia (Division 2) have jurisdiction 73 Action for compensation Division 4—Compensation claims by foreign countries 74 Responsible party's liability to the Commonwealth 75 Claims Commission Part 4A—Liability for damage by high power rockets Division 1—Simplified outline of this Part 75A Simplified outline of this Part Division 2—Scope of Part 75B Damage covered 75C Compensation for third party damage by high power rockets to be determined solely under this Part Division 3—Liability for third party damage 75D Damage on Earth or in the air 75E Limit on amount of permit holder's liability Division 4—Procedure etc. 75F Federal Court and Federal Circuit and Family Court of Australia (Division 2) have jurisdiction 75G Action for compensation Part 5—Register of Space Objects 75H Simplified outline of this Part 76 Minister to keep Register 77 Registration number Part 6—Civil penalties 80 Simplified outline of this Part 81 Civil penalty provisions Part 7—Investigation of accidents Division 1A—Simplified outline of this Part 83 Simplified outline of this Part Division 1—Scope of Part 84 Scope of Part 85 Meaning of accident 86 Meaning of incident Division 2—Investigations 87 Object of Division 88 Appointing an Investigator 89 Investigator to investigate accident or incident 90 Investigator may invite assistance 91 Investigator's powers to gather information 92 Offences relating to section 91 requirements 93 Report of investigation 94 Custody of space object or high power rocket 95 Suspension of permit, authorisation or certificate after accident 96 Disclosure of safety records 97 Relationship with other powers Division 3—Accident site powers 98 Accident sites and accident site premises 99 Power of entry to accident site 100 Procedure before entry 101 Identity cards 102 Availability of assistance and use of force in entering accident site premises 103 Offence to enter or remain on accident site without permission Part 8—Miscellaneous 103A Simplified outline of this Part 104 Delegation 105 Operation of other laws 106 Immunity 107 Compensation—constitutional safety net 108 Severability: additional effect of Act 110 Rules Endnotes Endnote 1—About the endnotes Endnote 2—Abbreviation key Endnote 3—Legislation history Endnote 4—Amendment history An Act about space activities and high power rockets, and for related purposes Part 1—Introduction Division 1—Preliminary provisions 1 Short title This Act may be cited as the Space (Launches and Returns) Act 2018. 2 Commencement This Act commences on the day on which it receives the Royal Assent. 3 Objects of Act The objects of this Act are: (a) to establish a system for the regulation of space activities carried on either from Australia or by Australian nationals outside Australia; and (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 (c) to implement certain of Australia's obligations under the UN Space Treaties. 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 105. 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. 5 Act binds the Crown (1) This Act binds the Crown in each of its capacities. Note: Division 1 of Part 3 does not bind the Commonwealth: see section 16. (2) However, this Act does not make the Crown liable to be prosecuted for an offence. 6 External Territories This Act extends to the external Territories. 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. 7 Application of Criminal Code The Criminal Code applies to all offences against this Act. Division 2—Definitions 8 Definitions In this Act, unless the contrary intention appears: accident has the meaning given by section 85. accident site has the meaning given by section 98. accident site premises has the meaning given by section 98. 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. 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). Australia, when used in a geographical sense, includes the external Territories. 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. Australian national means: (a) an Australian citizen; or (aa) an Australian resident; or (b) a body incorporated by or under a law of the Commonwealth, of a State or of a Territory; or (c) the Commonwealth, a State or a Territory. 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. civil penalty provision has the same meaning as in the Regulatory Powers Act. 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. fault has the same meaning as in the Liability Convention. Federal Court means the Federal Court of Australia. foreign aircraft means an aircraft that is not an Australian aircraft. gross negligence has the meaning given by the rules. But if the rules do not give the term a meaning, it has the same meaning as in the Liability Convention. high power rocket means an object of a kind prescribed by the rules for the purposes of this definition. incident has the meaning given by section 86. insured amount, for an Australian launch permit, Australian high power rocket permit, overseas payload permit or return authorisation, means the amount for which the holder of the permit 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 or authorisation. In determining this amount, disregard paragraph 47(2)(b) (which deals with direct financial responsibility). Investigator means a person appointed under section 88. 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. 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 facility licence means a licence granted under section 18. launching State has the same meaning as in the Liability Convention. 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. 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. 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). liability period means: (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 rules; 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 rules; 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. licensed launch facility means a launch facility for which a person holds a launch facility licence. 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). occupier of premises includes a person present at the premises who apparently represents the occupier. 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). overseas payload permit means a permit granted under section 46B. premises includes a place and a conveyance. Register means the Register of Space Objects kept under section 76. 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). Regulatory Powers Act means the Regulatory Powers (Standard Provisions) Act 2014. related party has the meaning given by section 9. responsible party, for the launch or return of a space object, means: (a) in the case of a launch or return authorised by an Australian launch permit—the holder of the permit; or (b) in the case of a return authorised by a return authorisation—the holder of the authorisation; or (d) in the case of a launch or return that: (i) is not authorised as mentioned in paragraph (a) or (b); but (ii) is covered by an authorisation certificate; the holder of the authorisation certificate; or (e) in the case of a launch authorised by an overseas payload permit—the holder of the permit; or (f) in any other case—each of the following persons: (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 the rules made for the purposes of this definition. 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, 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 an area beyond the distance of 100 km above mean sea level to Earth, or attempt to do so. return authorisation means an authorisation given under section 46L. rules means the rules made by the Minister under section 110. 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. 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. UN space treaties means the following: (a) the Liability Convention; (b) the Registration Convention; (c) the Outer Space Treaty; (d) the Moon and other Celestial Bodies Agreement; (e) the Astronauts and Objects Agreement. 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. (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. (2) However, the rules may provide that specified persons are, or are not, related parties of a responsible party or a launch party. Part 3—Regulation of space activities and high power rockets 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. Division 1—Offences and civil penalties 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. 16 Commonwealth not bound This Division does not apply to: (a) the Commonwealth; or (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 launch facility licence or Australian 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—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 years 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 years 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 m