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

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

UN space treaties means the following:

(a)

the Liability Convention;

(b)

the Registration Convention;

(c)

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

(d)

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

(e)

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

The Minister may, by writing, declare an educational institution, a scientific organisation or a non-profit body to be an approved scientific or educational organisation for the purposes of this Act.

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

(1)

The Minister must develop written guidelines that he or she must have regard to when deciding whether or not to make a declaration under section 8A.

(2)

The guidelines are to be made available for inspection on the Internet.

(3)

The guidelines are a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.

An application for a declaration under section 8A must be made in accordance with the regulations.

(1)

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

(a)

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

(b)

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

(c)

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

(d)

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

(2)

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

The following is a simplified outline of this Part:

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

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

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

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

* Division 9 has some rules about administration etc.

If:

(a)

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

(b)

the launch is not authorised by a launch permit held by any person; and

(c)

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

(d)

the launch is not conducted in accordance with any agreement of the kind mentioned in subsection 109(1);

the first-mentioned person is guilty of an offence punishable on conviction by:

(e)

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

(f)

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

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

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

If:

(a)

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

(b)

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

(c)

an Australian national is a responsible party for the launch;

the Australian national is guilty of an offence punishable on conviction by:

(d)

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

(e)

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

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

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

If:

(a)

a person returns a space object to a place anywhere in Australia; and

(b)

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

(c)

the return is not authorised by a launch permit held by any person; and

(d)

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

(e)

the return is not conducted in accordance with any agreement of the kind mentioned in subsection 109(1);

the first-mentioned person is guilty of an offence punishable on conviction by:

(f)

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

(g)

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

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

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

If:

(a)

a person returns a space object to a place anywhere in Australia; and

(b)

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

(c)

the return of the object to that place is not authorised under section 43;

the person is guilty of an offence punishable on conviction by:

(d)

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

(e)

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

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

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

SPACE ACTIVITIES ACT 1998
- SECT 15
Space licence required to operate a launch facility in
Australia
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A person must not operate a launch facility in Australia, or do anything directly connected with operating a launch facility in Australia, using a particular kind of launch vehicle, unless:

(a)

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

(b)

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

(c)

the person is acting as an employee, contractor or agent of a person who holds such a licence; or

(d)

an exemption certificate (see section 46) covering:

(i)

the operation of the facility, or the things connected with the operation; and

(ii)

the kind of launch vehicle;

is held by any person; or

(e)

the operation of the facility, or the things connected with the operation, are done in accordance with an agreement of the kind mentioned in subsection 109(1).

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

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 space licence or launch permit etc. to do so, but the private company would (unless the company were acting as an agent of the Commonwealth, in which case it too would be exempt from this Division).

(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.

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

(a)

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

(aa)

the person is a corporation to which paragraph 51(xx) of the Constitution applies; 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 Australia's national security, foreign policy or international obligations, the space licence should not be granted; and

(f)

the criteria (if any) prescribed by the regulations are satisfied in relation to the launch facility; and

(g)

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

(h)

the criteria (if any) prescribed by the regulations are satisfied in relation to each flight path specified in the application for the licence.

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

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

A space 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 standard space licence conditions in section 20 and any other conditions specified in the licence.

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

(a)

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

(b)

the holder must:

(i)

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

(ii)

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

(c)

any other condition specified in the regulations.

The holder of a space licence must not contravene a condition of the licence.

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

(1)

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

(2)

The transfer takes effect at the time specified in the notice.

(3)

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

(4)

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

(5)

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

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

(1)

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

(a)

give the licensee written notice of the Minister's opinion specifying the reasons for that opinion; and

(b)

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

(2)

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

(3)

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

(4)

The regulations may prescribe other ways in which a space licence must not be varied.

(1)

The Minister may, by written notice, suspend a space licence if:

(a)

the holder of the licence contravenes a condition of the licence; or

(b)

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

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

(2)

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

(3)

A space licence may be revoked or varied even while it is suspended.

The Minister may conduct an annual review of a space licence:

(a)

for the purpose of monitoring compliance by the licence holder with this Act and with the conditions of the licence; or

(b)

for any other reason that the Minister considers appropriate.

(1)

The Minister may grant a launch permit to a person authorising:

(a)

the launch of a particular space object; 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 launch permit;

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

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

(2)

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

Note: A returning space object need not be the same as the space object launched. For example, a launch vehicle could carry a payload into 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 launch permit to the person only if all of the following criteria are satisfied:

(a)

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

(b)

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

(c)

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

(d)

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

(e)

the Minister is satisfied that the probability of the launch or launches, or any connected return, causing substantial harm to public health or public safety or causing substantial damage to property is as low as is reasonably practicable;

(f)

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

(g)

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

(h)

any other criteria prescribed by the regulations.

(4)

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

(a)

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

(b)

the terms of that agreement.

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

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

(1)

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

(a)

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

(b)

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

(2)

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

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

(3)

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

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

(a)

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

(b)

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

(c)

the space object or objects must not contain any fissionable material 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.

(1)

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

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

(2)

If the holder of a launch permit:

(a)

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

(b)

is reckless as to whether the act or omission contravenes the condition;

the holder is guilty of an offence punishable on conviction by:

(c)

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

(d)

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

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

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

(3)

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

(1)

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

(2)

The transfer takes effect at the time specified in the notice.

(3)

The permit continues to cover the same launch facility, the same kind of launch vehicle and the same space object or objects.

(4)

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

(5)

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

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

(1)

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

(a)

give the holder of the permit written notice of the Minister's opinion specifying the reasons for that opinion; and

(b)

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

(2)

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

(3)

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

(4)

The regulations may prescribe other ways in which a launch permit must not be varied.

(1)

The Minister may, by written notice, suspend a 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 Australia's national security, foreign policy or international obligations, 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.

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

(2)

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

(3)

A launch permit may be revoked or varied even while it is suspended.

(1)

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

(a)

the launch of a particular space object; 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 launch certificate;

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

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

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

(2)

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

(a)

the Minister is satisfied either:

(i)

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

(ii)

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

(b)

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

(c)

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

(d)

any other criteria prescribed by the regulations.

(3)

The Minister may, in deciding whether to grant the overseas launch certificate, 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.

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

(1)

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

(a)

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

(b)

is granted subject to any conditions specified in the certificate.

(2)

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

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

(3)

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

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

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

(1)

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

(2)

The transfer takes effect at the time specified in the notice.

(3)

The certificate continues to cover the same launch facility, the same kind of launch vehicle and the same space object or objects.

(4)

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

(5)

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

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

(1)

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

(a)

give the holder of the certificate written notice of the Minister's opinion specifying the reasons for that opinion; and

(b)

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

(2)

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

(3)

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

(4)

The regulations may prescribe other ways in which an overseas launch certificate must not be varied.

(1)

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

(a)

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

(b)

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

(c)

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

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

(2)

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

(3)

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

This Division applies if:

(a)

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

(b)

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

Note: The returning space object need not be the same as the space object launched. For example, a launch vehicle could carry a payload into 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.

(1)

The Minister may give a person written permission authorising:

(a)

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

(b)

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

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

(2)

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

(3)

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

(a)

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

(b)

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

(c)

the Minister is satisfied that the probability of the return or returns causing substantial harm to public health or public safety or causing substantial damage to property is 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 Australia's national security, foreign policy or international obligations, the authorisation should not be given;

(f)

any other criteria prescribed by the regulations.

(4)

The Minister may, in deciding whether to give an authorisation under this section, 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.

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

(5)

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

(1)

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

(a)

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

(b)

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

(c)

the space object contains any fissionable material and the Minister's written approval for this has not first been obtained; or

(d)

the insurance/financial requirements in Division 7 are not satisfied for the return;

the person is guilty of an offence punishable on conviction by:

(e)

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

(f)

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

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

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

(2)

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

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

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

An application for an authorisation under section 43, or for the variation of such an authorisation, must be made in accordance with the regulations.

(1)

If the Minister considers that there may be grounds to vary or revoke an authorisation under section 43 (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.

(1)

The Minister may, by written notice, suspend an authorisation under section 43 if:

(a)

the holder of the authorisation contravenes a condition of the authorisation; or

(b)

the Minister considers that, for reasons relevant to Australia's national security, foreign policy or international obligations, 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.

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

(2)

An authorisation under section 43 has no effect while suspended.

(3)

An authorisation under section 43 may be varied or revoked even while it is suspended.

(1)

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

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

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

(2)

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

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

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

(3)

Within 7 sitting days of issuing an exemption certificate under this section, the Minister must cause a copy of the exemption certificate to be tabled in each House of the Parliament.

(1)

An exemption 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 regulations may set out how to determine when events of a particular kind occur.

(3)

At any time when an exemption 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 exemption certificate is granted subject to any conditions specified in the certificate.

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

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

(1)

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

(2)

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

(a)

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

(b)

the holder has, in accordance with the regulations, shown direct financial responsibility for the launch or return for an amount not less than the amount that would otherwise have been applicable under subsection 48(3) for the launch or return.

(1)

The insurance requirements are satisfied for:

(a)

a launch or return authorised by a launch permit; or

(b)

a return authorised under section 43;

if:

(c)

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

(d)

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

Note 1: The insurance cover mentioned in paragraphs (c) and

(d)

may be provided by separate policies. Alternatively, the holder of the permit or authorisation could take out a single policy that insures both the holder and the Commonwealth.

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

(2)

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

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

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

(3)

The total insurance, for each launch or return concerned, must be for an amount not less than the lesser of the amount of $750 million (as indexed from time to time in accordance with the regulations) and:

(a)

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

(b)

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

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

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

The functions of the Launch Safety Officer for a licensed launch facility are:

(a)

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

(aa)

to ensure that notice is given, in accordance with the regulations, of returns of space objects that were launched from the facility; and

(b)

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

(ba)

to ensure that no person or property is endangered by any return of a space object that was launched from the facility; and

(c)

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

(1)

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

(2)

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

(a)

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

(i)

enter and inspect the facility and any space object at the facility; and

(ii)

inspect and test any other equipment at the facility; and

(b)

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

(c)

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

(d)

give any directions about the return of a space object that was launched from the facility that he or she considers necessary to avoid any danger to public health or to persons or property, including directions to stop the return or destroy the space object.

(3)

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

(4)

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

(a)

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

(b)

the Launch Safety Officer fails to comply with the requirement.

(5)

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

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

Maximum penalty: 100 penalty units.

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

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

(1)

The regulations may prescribe the procedure to be followed by:

(a)

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

(b)

any person to whom the Launch Safety Officer gives such a direction.

(2)

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

(1)

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

(2)

The Minister may give different instructions for different licensed launch facilities.

(3)

Within 15 sitting days of giving an instruction to a Launch Safety Officer the Minister must cause a copy of the instruction to be tabled in each House of the Parliament.

(1)

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

(a)

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

(b)

because the circumstances are so serious and urgent, it is necessary to:

(i)

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

(ii)

seize the thing;

to stop the thing from being concealed, lost or destroyed;

the Launch Safety Officer may do so.

(2)

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

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

(1)

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

(2)

An identity card must include a recent photograph of the person.

(3)

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

(4)

A person who fails to do so is guilty of an offence.

Maximum penalty: 1 penalty unit.

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

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

(1)

The applicant for a launch permit, or for a transfer or variation of a launch permit, must pay the Commonwealth any fee the regulations set in respect of the application.

(2)

The applicant for an overseas launch certificate, or for a transfer or variation of an overseas launch certificate, must pay the Commonwealth any fee the regulations set in respect of the application.

(2A)

The applicant for an authorisation under section 43, or for the variation of such an authorisation, must pay the Commonwealth any fee the regulations set in respect of the application.

(3)

The applicant for a space licence, or for a transfer or variation of a space licence, must pay the Commonwealth any fee the regulations set in respect of the application.

(3A)

The holder of a space licence must pay the Commonwealth any annual licence fee the regulations set in respect of the licence.

(4)

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

(5)

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

(6)

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

(6A)

The regulations may make provision for approved scientific or educational organisations to be charged different fees under this section than other persons.

(7)

A fee must not be such as to amount to taxation.

(8)

The regulations may specify the time for payment of a fee.

(9)

The regulations may prescribe the circumstances in which the Minister may wholly or partly waive fees that would otherwise be payable under this section.

The Minister may, by written notice, ask:

(a)

an applicant for, or the holder of, a space licence; or

(b)

an applicant for, or the holder of, a launch permit; or

(c)

an applicant for, or the holder of, an overseas launch certificate; or

(d)

an applicant for, or the holder of, an authorisation under section 43;

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

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

(a)

refusing to grant, vary or transfer a space licence; or

(b)

varying, revoking, suspending or transferring a space licence; or

(c)

refusing to grant, vary or transfer a launch permit or overseas launch certificate; or

(d)

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

(e)

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

(f)

refusing to give or vary an authorisation under section 43; or

(g)

varying, revoking or suspending an authorisation under section 43; or

(h)

refusing to grant or vary an exemption certificate; or

(i)

varying or revoking an exemption certificate; or

(ia)

refusing to extend, or further extend, the period for which an exemption certificate remains in force; or

(j)

imposing a particular condition or conditions on a space licence, launch permit, overseas launch certificate, authorisation under section 43 or exemption certificate; or

(k)

refusing to make a declaration under section 8A; or

(l)

varying or revoking a declaration under section 8A.

If the Minister varies, revokes, suspends, reinstates or transfers a space licence, launch permit, overseas launch certificate, exemption certificate or authorisation under section 43, the Minister must publish in the Gazette a notice that this has happened.

(1)

This Part applies to damage a space object causes if:

(a)

either:

(i)

the object is launched from a launch facility in Australia; or

(ii)

Australia is a launching State in relation to the object; and

(b)

the damage is caused during the liability period for the launch.

(2)

This Part also applies to damage a space object causes if:

(a)

the object is returned to a place in Australia; and

(b)

the damage is caused during the liability period for the return.

(2A)

This Part also applies to damage a space object causes if:

(a)

either:

(i)

the object is launched from a launch facility in Australia; or

(ii)

Australia is a launching State in relation to the object; and

(b)

the object is returned to a place outside Australia; and

(c)

the damage is caused during the liability period for the return.

(3)

This Part applies to damage mentioned in subsection (1), (2) or (2A):

(a)

whether the damage happens on Earth, in the air or in space; and

(b)

whether the damage happens in Australia or outside it; and

(c)

whether or not the launch or return was authorised under this Act; and

(d)

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

(1)

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

(2)

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

Note: This section does not affect the rights of persons who are not third parties (for example, employees of a responsible party) from seeking compensation outside of this Act for damage to which this Part applies. However, see also section 65 (which allows the regulations to make provision in relation to the waiver of such rights).

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

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

(a)

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

(b)

the responsible party for the return is not an Australian national.

Note: Subdivision B deals with that other kind of damage.

(1)

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

(a)

on Earth; or

(b)

as a result of damage to aircraft in flight.

(2)

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

(a)

the gross negligence of the third party; or

(b)

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

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

(a)

to a space object launched or operated by a third party; or

(b)

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

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

(1)

This section applies if:

(a)

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

(b)

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

(2)

This section also applies if:

(a)

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

(b)

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

(3)

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

(4)

If:

(a)

the responsible party has paid compensation for the damage of an amount equal to the insured amount for the launch permit or overseas launch certificate; and

(b)

apart from this section, the responsible party would be liable to pay further compensation to Australian nationals for the damage of an amount (the excess amount) in excess of the insured amount for the launch permit or overseas launch certificate;

then the Commonwealth is liable to pay compensation to the Australian nationals for the damage of an amount equal to so much of the excess amount as does not exceed $3 billion.

(5)

The Consolidated Revenue Fund is appropriated for the purposes of payments by the Commonwealth under subsection (4).

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

(a)

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

(b)

the responsible party for the return is not an Australian national.

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

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

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

(1)

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

(a)

within one year after the day on which the damage occurred; or

(b)

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

(i)

became aware of the damage; or

(ii)

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

(2)

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

(a)

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

(b)

such a claim made by a foreign country has been settled;

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

(1)

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

(a)

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

(b)

Australia becomes liable to any extent to pay compensation for the damage.

(2)

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

(a)

the amount of that compensation;

(b)

if the launch or return of the space object concerned was authorised by a launch permit or overseas launch certificate, and section 69 applies—the insured amount for the permit or certificate.

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

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

(1)

The Minister must keep a Register of Space Objects.

(2)

The Minister must enter in the Register the following particulars for a space object that is launched into Earth orbit or beyond under an authorisation provided under this Act:

(a)

the registration number given to the space object under section 77;

(b)

the launch facility;

(c)

the date of the launch;

(d)

the space object's basic orbital parameters, including:

(i)

the nodal period; and

(ii)

its inclination; and

(iii)

its apogee and perigee;

(e)

the space object's general functions;

(f)

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

(g)

any other prescribed particulars.

(3)

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

(4)

The Minister may vary or remove an entry on the register as needed.

(1)

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

(2)

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

The Minister may keep the Register in whole or in part by using a computer.

(1)

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

(2)

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

(1)

Regulations may be made for and in relation to giving effect to one or more provisions of the intergovernmental agreement with Russia.

(2)

Regulations under subsection (1) must not come into operation on a day earlier than the day on which the agreement enters into force in Australia.

Regulations may be made to amend Schedule 6 for the purposes of ensuring that Schedule 6 correctly sets out the English text of the intergovernmental agreement with Russia as in force from time to time.

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

(a)

section 15 (space licence required to operate launch facility);

(b)

section 21 (breaching a space licence condition);

(c)

subsections 30(1) and (2) (breaching a launch permit condition);

(d)

section 37 (breaching a condition of an overseas launch certificate);

(e)

section 44 (offences relating to returns);

(f)

section 45 (breaching a condition of a section 43 authorisation);

(fa)

section 46B (breaching a condition of an exemption certificate);

(g)

subsection 109(3) (pre-existing agreements).

(1)

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

(2)

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

(a)

the nature and extent of the contravention;

(b)

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

(c)

the circumstances in which the contravention took place;

(d)

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

The Court may also have regard to any other matters it considers relevant.

(3)

The civil penalty payable under subsection (1) must not exceed:

(a)

in the case of a body corporate—5,000 penalty units; or

(b)

in the case of an individual—500 penalty units.

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

(4)

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

(a)

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

(b)

an order as to costs.

(1)

The Minister may, by application, take proceedings in the Federal Court for the payment of a civil penalty mentioned in section 81.

(2)

The proceedings must be commenced within 6 years after the contravention.

(3)

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

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

This Part applies if an accident (see section 85) or an incident (see section 86) involving a space object occurs during:

(a)

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

(b)

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

An accident involving a space object occurs if:

(a)

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

(b)

the space object is destroyed or seriously damaged or causes damage to property (other than in the circumstances prescribed by the regulations).

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

(1)

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

(2)

It is not the object of this Division:

(a)

to provide a way of apportioning blame for an accident or incident; or

(b)

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

(1)

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

(2)

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

(3)

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

(1)

An Investigator appointed under section 88 must investigate the circumstances surrounding the relevant accident or incident.

(2)

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

(1)

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

(2)

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

(1)

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

(a)

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

(b)

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

(2)

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

(3)

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

(4)

The Investigator may:

(a)

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

(b)

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

(5)

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

(6)

If a person gives a thing in accordance with subsection (1), the thing, and any information or thing obtained directly or indirectly as a result, is not admissible in evidence against the person in a criminal proceeding or in a proceeding for the recovery of a penalty.

(7)

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

(1)

A person to whom a requirement under subsection 91(1) is given and who:

(a)

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

(b)

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

(c)

refuses or fails to answer a question lawfully put to the person by the Investigator; or

(d)

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

is guilty of an offence.

Maximum penalty: 30 penalty units.

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

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

(2)

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

(3)

A person to whom a requirement under subsection 91(1) is given and who:

(a)

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

(b)

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

is guilty of an offence.

Maximum penalty: Imprisonment for 12 months.

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

(4)

A person to whom a requirement under subsection 91(1) is given and who:

(a)

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

(b)

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

is guilty of an offence.

Maximum penalty: Imprisonment for 12 months.

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

(5)

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

(1)

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

(2)

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

(3)

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

(1)

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

(2)

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

(3)

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

(a)

with the permission of the Minister or Investigator; or

(b)

as mentioned in subsection (4);

is guilty of an offence.

Maximum penalty: Imprisonment for 6 months.

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

(4)

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

(a)

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

(b)

protecting the wreckage from being destroyed by fire or other cause;

(c)

preventing immediate danger to the safety of persons or property;

(d)

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

(1)

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

(2)

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

(3)

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

(1)

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

(a)

disclose a safety record (see subsection (9)) to any person or a court; or

(b)

give a safety record to any person or a court.

(2)

A person who contravenes subsection (1) is guilty of an offence.

Maximum penalty: 30 penalty units.

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

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

(3)

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

(4)

Subsection (1) does not apply to the disclosure of a safety record to the Minister under section 93.

(5)

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

(6)

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

(7)

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

(a)

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

(b)

any other relevant matter;

the court must order the disclosure or production.

(8)

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

(a)

the person or persons constituting the court; and

(b)

the parties to the proceeding (including any interveners); and

(c)

the parties' legal representatives; and

(d)

specified witnesses for the purposes of the proceeding;

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

(9)

In this section: