An Act about space activities, and for related purposes
Part 1—Introduction
1
Short title
This Act may be cited as the Space
Activities Act 1998.
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
(b) to provide for the payment of
adequate compensation for damage caused to persons or property as a result of
space activities regulated by this Act; and
(c) to implement certain of Australia’s obligations under the UN Space Treaties; and
(d) to implement certain of Australia’s obligations under specified space cooperation agreements.
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 Act
The following
is a simplified outline of this Act:
• Certain space activities carried on in Australia must be covered by an approval under Part 3.
• An
Australian national who carries on certain space activities outside Australia must also be covered by such an approval.
• Part 4
has rules about liability for damage that space activities cause.
• A
Register of Space Objects is established under Part 5.
• Part 5A
provides a framework for implementation of specified space cooperation
agreements.
• Part 6
deals with civil penalties.
• Part 7
provides for investigating accidents and incidents.
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.
7
Application of Criminal Code
The Criminal Code applies to all
offences against this Act.
Part 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.
approved scientific or educational organisation means
an educational institution, a scientific organisation or a non‑profit body, in
respect of which a declaration under section 8A is in force.
Australia, when used in a geographical sense,
includes the external Territories.
Australian national means:
(a) an Australian citizen; 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.
civil penalty provision has the meaning given
by section 80.
damage has the same meaning as in the
Liability Convention.
exemption certificate means a certificate
issued under section 46.
fault has the same meaning as in the
Liability Convention.
gross negligence has the meaning given by the
regulations. But if the regulations do not give the term a meaning, it has the
same meaning as in the Liability Convention.
incident has the meaning given by section 86.
insured amount,
for a launch permit, overseas launch certificate or section 43
authorisation, means the amount for which the holder of the permit, certificate
or authorisation is required to be insured under Division 7 of Part 3
in respect of the launch or launches, and any return, covered by the permit,
certificate or authorisation. In determining this amount, disregard paragraph 47(2)(b)
(which deals with direct financial responsibility).
intergovernmental agreement with Russia means
the Agreement between the Government of Australia and the Government of the
Russian Federation on Cooperation in the Field of the Exploration and Use Of
Outer Space for Peaceful Purposes done at Canberra on 23 May 2001 the
English text of which is set out in Schedule 6, and includes that
Agreement as amended from time to time in relation to Australia.
Investigator means a person appointed
under section 88.
launch a space object means launch the object
into an area 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.
launching State has the same meaning as in
the Liability Convention.
launch permit means a permit granted under
section 26.
Launch Safety Officer, for a licensed launch
facility, means the person appointed by the Minister under section 50 for
the facility.
launch vehicle means a vehicle that can carry
a payload into or back from an area beyond the distance of 100 km above mean
sea level.
Liability Convention means the Convention on
International Liability for Damage Caused by Space Objects done at London, Moscow and Washington on 29 March 1972 and whose English text is set out in
Schedule 1.
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 regulations; and
(b) for the return of a space
object—the period beginning when the relevant re‑entry manoeuvre is begun and
ending when the object has come to rest on Earth, or such other period as is
specified in the regulations.
licensed launch facility means a launch
facility for which a person holds a space licence: see section 18.
occupier of premises includes a person
present at the premises who apparently represents the occupier.
overseas launch certificate means a
certificate granted under section 35.
payload includes a load to be carried for
testing purposes or otherwise on a non‑profit basis.
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 and whose English text is set out in Schedule 2.
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 a launch permit—the holder of the permit; or
(b) in the case of a return authorised
by a permission under subsection 43(1)—the holder of the permission; or
(c) in the case of a return authorised
by an agreement between the Minister and another person under subsection 43(2)—that
other person; or
(d) in
the case of a launch or return that:
(i) is not authorised as
mentioned in paragraph (a), (b) or (c); but
(ii) is covered by an
exemption certificate (see section 46);
the holder of the exemption
certificate; or
(e) in the case of a launch authorised
by an overseas launch certificate—the holder of the certificate; 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 regulations made for the purposes of this definition.
But, in relation to a launch to which paragraph (f)
applies, if the space object was launched from a launch facility outside
Australia, a person is only a responsible party if the person is
also an Australian national.
return a space object means return the space
object from an area beyond the distance of 100 km above mean sea level to
Earth, or attempt to do so.
space licence means a licence granted under
section 18.
space object means a thing consisting of:
(a) a launch vehicle; and
(b) a payload (if any) that the launch
vehicle is to carry into or back from an area beyond the distance of 100 km
above mean sea level;
or any part of such a thing, even if:
(c) 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; or
(d) the part results from the
separation of a payload or payloads from a launch vehicle after launch.
standard launch permit condition means a
condition to which a launch permit is subject because of section 29.
third party, for the launch or return of a
space object, means a person who is not a responsible party for the launch or
return and who is not a related party (see section 9) of any responsible
party for the launch or return.
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.
8A
Approved scientific or educational organisations
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.
8B
Guidelines for making a declaration
(1) The Minister must, by legislative
instrument, develop 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.
8C
Applying for a declaration
An application for a declaration under
section 8A must be made in accordance with the regulations.
9
Related party
(1) A person (the first person)
is a related party of a responsible party for the launch or
return of a space object if:
(a) the first person has a financial
or ownership interest in all or part of the space object; or
(b) the first person was involved in
preparing all or part of the space object for the launch or return; or
(c) the first person is a contractor,
subcontractor or supplier involved in the launch or return or the preparation
of all or part of the space object for the launch or return; or
(d) the first person is a director,
officer, employee or agent of the responsible party.
(2) However, the regulations may provide that
specified persons are, or are not, related parties of a
responsible party.
Part 3—Regulation of
space activities
10
Simplified outline
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.
Division 1—Certain space
activities require approvals etc.
11
Launch in Australia requires a launch permit or exemption certificate
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.
12
Overseas launch requires an overseas launch certificate
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.
13
Return to Australia of Australian‑launched space object requires a launch
permit or exemption certificate
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.
14
Return to Australia of overseas‑launched space object requires
authorisation
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.
15
Space licence required to operate a launch facility in Australia
A person must not operate a launch
facility in Australia, or do anything directly connected with operating a
launch facility in Australia, using a particular kind of launch vehicle,
unless:
(a) the person holds a space licence
(see Division 2) for the facility and the kind of launch vehicle; or
(b) the person is a related party (see
section 9), for any launches conducted from the facility, of a person who
holds such a licence; or
(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.
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 space
licence or launch permit etc. to do so, but the private company would (unless
the company were acting as an agent of the Commonwealth, in which case it too
would be exempt from this Division).
17
Activities of international space organisations
(1) If an agreement between Australia and another country or countries provides for the establishment of an
international organisation whose sole or principal function is to carry on
activities in outer space, this Division does not apply in relation to anything
done in accordance with the agreement.
(2) This section applies whether the
agreement was made before or after the commencement of this Act.
Division 2—Space licences
18
Granting a space licence
The Minister may grant to a person a
space licence covering a particular launch facility in Australia, 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.
19
Terms of 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.
20
Standard space licence conditions
The following are conditions of each
space licence granted to a person, except to the extent that the licence
otherwise specifies:
(a) the holder of the licence must
give the Minister any information that the Minister asks for under section 60
about the licence;
(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.
21
Breaching a space licence condition
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.
22
Transfer of space licence
(1) The Minister may, by written notice,
transfer a space licence to another person if the Minister could grant the
space licence to the other person under section 18.
(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.
23
Applying for the grant, variation or transfer of a space licence
An application for the grant, variation
or transfer of a space licence must be made in accordance with the regulations.
24
Procedure etc.
(1) If the Minister considers that there may
be grounds to vary, revoke or transfer a space licence (other than at the
licensee’s request), the Minister must:
(a) give the licensee written notice
of the Minister’s opinion specifying the reasons for that opinion; and
(b) invite the licensee to make a
written submission to the Minister about the matter within a reasonable period
specified in the notice.
(2) In deciding whether to vary, revoke or
transfer a space licence, the Minister must consider the matters raised in any
submission received within the period specified in the notice.
(3) A space licence must not be varied in a
way that changes the location of the licensed launch facility.
(4) The regulations may prescribe other ways
in which a space licence must not be varied.
25
Suspending a space licence
(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.
25A
Annual review of space licence
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.
Division 3—Launch permits
26
Granting a launch permit
(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.
27
Australian launches: continuing requirement for space licence
If the launch facility specified in a
launch permit is in Australia, the permit has no effect during any period when
the holder of the permit does not also hold a space licence (see Division 2)
covering the facility and the kind of launch vehicle concerned.
28
Terms of launch permit
(1) A launch permit authorising the launch of
a space object or objects, and any connected return:
(a) must specify the day on which it
comes into force and the period for which it remains in force; and
(b) is granted subject to the standard
launch permit conditions in section 29 and any other conditions specified
in the regulations or in the launch permit.
(2) A launch
permit may specify that the period during which it remains in force ends on the
occurrence of a particular event (rather than at a specified time). For this
purpose, the regulations may set out how to determine when events of a
particular kind occur.
Example: A launch permit might specify that it expires
when the relevant launch has been (successfully or unsuccessfully) completed.
The regulations could set out how to determine when this is.
(3) At any time when a launch permit is in
force, the Minister may, by written notice, extend or further extend the period
for which the permit remains in force.
29
Standard launch permit conditions
The following are conditions of each
launch permit (called standard launch permit conditions), except
to the extent that the permit otherwise specifies:
(a) the launch or launches, and any
connected return, must not be conducted in a way that is likely to cause
substantial harm to public health or public safety or to cause substantial
damage to property;
(b) the space object or objects must
not be or contain a nuclear weapon or a weapon of mass destruction of any other
kind;
(c) the 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.
30
Breaching a launch permit condition
(1) The holder of a launch permit must not
contravene a condition of the launch permit (whether or not the condition is a
standard launch permit condition).
Note: Contravening this subsection is not an
offence. However, a person who contravenes this subsection is liable to a civil
penalty under Part 6.
(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).
31
Transfer of launch permit
(1) The Minister may, by written notice,
transfer a launch permit to another person if the Minister could grant the
launch permit to the other person under section 26.
(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.
32
Applying for the grant, variation or transfer of a launch permit
An application for the grant, variation
or transfer of a launch permit must be made in accordance with the regulations.
33
Procedure etc.
(1) If the Minister considers that there may
be grounds to vary, revoke or transfer a launch permit (other than at the
permit holder’s request), the Minister must:
(a) give the holder of the permit
written notice of the Minister’s opinion specifying the reasons for that
opinion; and
(b) invite the holder to make a
written submission to the Minister about the matter within a reasonable period
specified in the notice.
(2) In deciding whether to vary, revoke or
transfer the permit, the Minister must consider the matters raised in any submission
received within the period specified in the notice.
(3) A launch permit must not be varied in a
way that changes the location of the relevant launch facility.
(4) The regulations may prescribe other ways
in which a launch permit must not be varied.
34
Suspending a launch permit
(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.
Division 4—Overseas launch
certificates
35
Granting an overseas launch certificate
(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.
36
Terms of overseas launch certificate
(1) An overseas launch certificate
authorising the launch of a space object or objects:
(a) must specify the day on which it
comes into force and the period for which it remains in force; and
(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.
37
Breaching a condition
The holder of an overseas launch
certificate must not contravene a condition of the certificate.
Note: Contravening this section is not an offence.
However, a person who contravenes this section is liable to a civil penalty
under Part 6.
38
Transfer of overseas launch certificate
(1) The Minister may, by written notice,
transfer an overseas launch certificate to another person if the Minister would
have power to grant the overseas launch certificate to the other person under
section 35.
(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.
39
Applying for the grant, variation or transfer of an overseas launch certificate
An application for the grant, variation
or transfer of an overseas launch certificate must be made in accordance with
the regulations.
40
Procedure etc.
(1) If the Minister considers that there may
be grounds to vary, revoke or transfer an overseas launch certificate (other
than at the certificate holder’s request), the Minister must:
(a) give the holder of the certificate
written notice of the Minister’s opinion specifying the reasons for that
opinion; and
(b) invite the holder to make a
written submission to the Minister about the matter within a reasonable period
specified in the notice.
(2) In deciding whether to vary, revoke or
transfer the certificate, the Minister must consider the matters raised in any
submission received within the period specified in the notice.
(3) An overseas launch certificate must not
be varied in a way that changes the location of the relevant launch facility.
(4) The regulations may prescribe other ways
in which an overseas launch certificate must not be varied.
41
Suspending an overseas launch certificate
(1) The Minister may, by written notice,
suspend an overseas launch certificate if:
(a) the holder of the certificate
contravenes a condition of the certificate; or
(b) in a subparagraph 35(2)(a)(i)
case—the Minister is satisfied that the insurance/financial requirements in
Division 7 are not satisfied for a launch to be conducted under the
certificate; or
(c) the Minister considers that, for
reasons relevant to Australia’s national security, foreign policy or
international obligations, the certificate should be suspended.
Note: Under subsection 33(3) of the Acts
Interpretation Act 1901, the Minister may revoke a suspension.
(2) An overseas launch certificate has no
effect while suspended, but the period for which it remains in force continues
to run despite the suspension.
(3) An overseas launch certificate may be
revoked or varied even while it is suspended.
Division 5—Authorisation of
return of overseas‑launched space objects
42 Scope
of Division
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.
43
Returns may be authorised by permission or by agreement
(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.
44
Offences relating to returns
(1) If a person returns a space object
purportedly in accordance with an authorisation of the kind mentioned in
section 43 and:
(a) the return is conducted in a way
that is likely to cause substantial harm to public health or public safety or
to cause substantial damage to property; or
(b) the space object is or contains a
nuclear weapon or a weapon of mass destruction of any other kind; or
(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.
45
Breaching a condition
A person who is authorised under section 43
to return a space object must not contravene a condition of the authorisation.
Note: Contravening this section is not an offence.
However, a person who contravenes this section is liable to a civil penalty
under Part 6.
45A
Applying for an authorisation or for the variation of an authorisation
An application for an authorisation
under section 43, or for the variation of such an authorisation, must be
made in accordance with the regulations.
45B
Procedure etc.
(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.
45C
Suspending an authorisation under section 43
(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.
Division 6—Exemption
certificates
46
Exemption certificates
(1) The Minister may issue to any person an
exemption certificate covering specified conduct that might otherwise be
prohibited under section 11, 13 or 15.
Note 1: Under subsection 33(3) of the Acts
Interpretation Act 1901, the Minister may vary or revoke an exemption
certificate.
Note 2: Under subsection 33(3A) of the Acts
Interpretation Act 1901, conduct may be specified by reference to a
particular class or classes of conduct.
(2) The regulations may set out matters to
which the Minister must have regard in deciding whether to issue an exemption
certificate.
Example: The regulations might set out criteria such as
whether a launch would be in the national interest or would confer a
significant national benefit, whether there is a risk that a launch might cause
substantial harm to public health or public safety or damage to property or
whether there is a risk that a launch might expose the Commonwealth to
liability for damage caused.
Note: This subsection does not, by implication,
limit the matters to which the Minister may have regard.
(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.
46A
Terms of exemption certificate
(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.
46B
Breaching a condition
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.
Division 7—Insurance/financial
requirements
47
Satisfying the insurance/financial requirements
(1) This Division sets out the insurance/financial
requirements mentioned in Divisions 3, 4 and 5.
(2) The holder of a launch permit, overseas
launch certificate or section 43 authorisation, covering a launch or
return, satisfies the insurance/financial requirements for the
launch or return if:
(a) throughout the liability period
for the launch or return, the insurance requirements in section 48 are
satisfied; or
(b) the holder has, in accordance with
the regulations, shown direct financial responsibility for the launch or return
for an amount not less than the amount that would otherwise have been
applicable under subsection 48(3) for the launch or return.
48 Insurance
requirements
(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.
49
Additional insurance not precluded
Nothing in this Act prevents any person
from taking out any additional insurance.
Division 8—Launch Safety
Officer
50
Launch Safety Officer
For each licensed launch facility, the
Minister must, by writing, appoint a Launch Safety Officer. The same person may
be Launch Safety Officer for more than one facility.
51
Functions of Launch Safety Officer
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.
52
Powers of Launch Safety Officer
(1) The Launch Safety Officer for a licensed
launch facility may do all things that are reasonably necessary or convenient
to be done for the performance of his or her functions.
(2) In particular, the Launch Safety Officer
for a licensed launch facility may:
(a) with the consent of the holder of
the relevant space licence, or of any person authorised by the holder to give
that consent:
(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.
53
Offence of failing to comply with directions
A person who fails to comply with a
direction that the Launch Safety Officer for a licensed launch facility gives
under paragraph 52(2)(c) 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.
54
Procedure for giving and complying with directions
(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.
55
Launch Safety Officer to comply with Minister’s instructions
(1) In performing a function or exercising a
power under this Act, the Launch Safety Officer for a licensed launch facility
must comply with any instructions the Minister gives the Launch Safety Officer.
(2) The Minister may give different
instructions for different licensed launch facilities.
(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.
56
Seizures in emergency situations
(1) If, while exercising powers at or on a
licensed launch facility, the Launch Safety Officer for the facility suspects,
on reasonable grounds, that:
(a) a thing relevant to an offence
against this Act is at or on the facility; and
(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.
57
Launch Safety Officer may obtain assistance
The Launch Safety Officer for a licensed
launch facility may arrange for other persons to assist him or her in the
performance of his or her functions for the facility.
58
Identity cards
(1) The Minister must issue the Launch Safety
Officer for a licensed launch facility with an identity card.
(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.
Division 9—Administration
etc.
59
Fees
(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.
60
Request for information
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.
61
Review of decisions
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.
62
Notice of decisions
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.
Part 4—Liability for
damage by space objects
Division 1—Scope of Part
63
Damage covered
(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.
64
Compensation for third party damage by space objects to be determined solely
under this Part
(1) Compensation for damage to which this
Part applies caused to third parties is only payable in accordance with this
Part.
(2) However, this section does not prevent Australia from complying with any obligation to pay compensation under the Liability
Convention, or otherwise under international law, for such damage.
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).
65
Regulations about waivers
The regulations may make provision in
relation to the waiver of some or all of the rights of persons connected with a
launch or return, and of their employees, contractors and subcontractors, to
seek compensation for damage to which this Part applies.
Division 2—Liability for
third party damage
Subdivision A—Rules for damage caused by launches and most returns
66
Scope of Subdivision
This Subdivision applies to all damage
to which this Part applies, except for damage a space object causes in
connection with the return of the space object where:
(a) neither the object, nor any part
of it, was launched from a launch facility located within Australia; and
(b) the responsible party for the
return is not an Australian national.
Note: Subdivision B deals with that other kind of
damage.
67
Damage on Earth or in the air
(1) The responsible party for the launch or
return of a space object is liable to pay compensation for any damage the space
object causes to a third party:
(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.
68
Damage to other space objects
The responsible party for the launch or
return of a space object is liable to pay compensation for any damage the space
object causes, otherwise than on Earth or as a result of damage to aircraft in
flight:
(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.
69
Limit on amount of permit or certificate holder’s liability
(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).
Subdivision B—Rules for certain returns conducted by overseas nationals
70
Scope of Subdivision
This Subdivision applies to damage to
which this Part applies that a space object causes in connection with the
return of the space object where:
(a) neither the object, nor any part
of it, was launched from a launch facility located within Australia; and
(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.
71
Liability
The responsible party for the return is
liable to pay compensation for any damage the space object causes to a third
party.
Division 3—Procedure etc.
72
Federal Court has jurisdiction
The Federal Court has jurisdiction to
hear and determine actions for compensation for damage to which this Part
applies.
73
Action for compensation
(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.
Division 4—Compensation
claims by foreign countries
74
Responsible party’s liability to the Commonwealth
(1) This section applies if, in accordance
with the Liability Convention or otherwise under international law:
(a) a foreign country has presented a
claim against Australia for compensation for damage covered by this Part; and
(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.
75
Claims Commission
If, in accordance with the Liability
Convention, it is necessary to establish a Claims Commission to settle a claim
presented to the Commonwealth, the Commonwealth may do anything that it is
required to do under the Convention to establish the Commission and enable it
to give a decision or award as provided under the Convention.
Part 5—Register of space
objects
76
Minister to keep Register
(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.
77
Registration number
(1) When the Minister grants a launch permit
authorising the launch of a space object from a launch facility, the Minister
must allocate to the space object a registration number by which it can be
identified.
(2) The Minister may allocate a registration
number to a space object at any other time.
78
Register may be kept on computer
The Minister may keep the Register in
whole or in part by using a computer.
79
Inspection of Register
(1) The Minister must make the Register
available for any person to inspect it at the times and places published in the
Gazette.
(2) The Minister may do so by allowing a
person who wants to inspect the Register reasonable access to a computer
terminal from which he or she can read on a screen, or get a printed copy of,
an entry in the Register.
Part 5A—Implementation of
space cooperation agreements
79A
Implementation of intergovernmental agreement with Russia
(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.
79B
Regulations may amend Schedule
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.
Part 6—Civil penalties
80
Civil penalty provisions
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).
81
Fines for contravening civil penalty provisions
(1) If the Federal Court is satisfied, on the
balance of probabilities, that a person has contravened a civil penalty
provision, the Court may order the person to pay the Commonwealth such fine, by
way of civil penalty, in respect of the contravention as the Court determines
to be appropriate.
(2) In determining the civil penalty, the
Court must have regard to the following matters:
(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.
82
Procedure
(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.
83 Not
an offence to contravene civil penalty provision
A person is not guilty of an offence
merely because the person has contravened a civil penalty provision.
Part 7—Investigation of
accidents
Division 1—Scope of Part
84
Scope of Part
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.
85 Meaning
of accident
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).
86
Meaning of incident
An incident is an
occurrence associated with the operation of a space object that affects or
could affect the safety of the operation of the space object or that involves
circumstances indicating that an accident nearly occurred.
Division 2—Investigations
87
Object of Division
(1) The object of this Division is, by
establishing a system of investigating the circumstances surrounding any
accident or incident, to prevent other accidents and incidents occurring.
(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.
88
Appointing an Investigator
(1) If an accident occurs, the Minister must
appoint a person as the Investigator of the accident.
(2) If an incident occurs, the Minister may
appoint a person as the Investigator of the incident.
(3) Before appointing a person under this
section, the Minister must be satisfied that the person has suitable
qualifications and experience to be an Investigator.
89
Investigator to investigate accident or incident
(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.
90
Investigator may invite assistance
(1) An Investigator may invite other persons
to assist him or her in performing any or all of his or her functions under
this Division.
(2) A person who gives such assistance is
entitled to be paid fees and allowances for expenses, as determined under the
regulations.
91
Investigator’s powers to gather information
(1) In conducting an investigation under this
Division, the Investigator may, by written notice:
(a) require a person to attend before
the Investigator and answer questions about matters relevant to the
investigation; and
(b) require the person to give the
Investigator a specified document or record, a specified part or component of a
space object or any other thing relevant to the investigation.
(2) A notice under subsection (1) must
be signed by the Investigator and must specify the time and place at which the
person is required to attend or to give the relevant thing.
(3) The Investigator may require the person
to answer questions mentioned in paragraph (1)(a) on oath or affirmation.
For that purpose, the Investigator may administer an oath or affirmation to the
person.
(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.
92
Offences relating to section 91 requirements
(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.
93
Report of investigation
(1) When an investigation is completed, the
Investigator must give the Minister a written report of the investigation and,
if the Minister requires, any relevant documents, records or other things.
(2) Subject to subsection (3), no part
of a report or other document given to the Minister under this section may be
published without the Minister’s written approval.
(3) The Minister may cause to be published
any information contained in a report or document given to the Minister under
this section if he or she considers that publishing the information is
desirable in the interest of promoting safety in the space industry.
94
Custody of space object etc.
(1) If an accident occurs, the space object
or the space object wreckage concerned and any thing in the space object or
wreckage is taken to be in the Minister’s custody until an Investigator is
appointed for the accident. The things are then taken to be in the
Investigator’s custody.
(2) When it is no longer necessary to retain
any such thing for the purposes of the investigation, the Investigator must
release custody of the thing to its owner or to a person the owner authorises
to receive it.
(3) A person
who removes or otherwise interferes with a thing that is in the custody of the
Minister or Investigator under subsection (1), except:
(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.
95
Automatic suspension of launch permit etc. after accident
(1) Immediately after an accident occurs, the
launch permit, exemption certificate or section 43 authorisation under
which the relevant launch or return was carried out is taken to be suspended,
until the Minister revokes the suspension.
(2) The permit, certificate or authorisation
has no effect while suspended, but the period for which it remains in force
continues to run despite the suspension.
(3) The permit, certificate or authorisation
may be revoked or varied even while it is suspended.
96
Disclosure of safety records
(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:
investigation officer means a person
who is or has been:
(a) the Minister; or
(b) an Investigator; or
(c) any other person who performs
functions or provides services in relation to an investigation under this Part.
safety record means all or any of the
following:
(a) all statements (whether oral or
written) an Investigator takes from persons in the course of an investigation
under this Part, including any record of such a statement;
(b) all communications between persons
involved in operating a space object that is involved in an accident or
incident;
(c) medical or personal information
about persons (including deceased persons) involved in an accident or incident;
or any part of such a thing.
97
Relationship with other powers
The powers and functions of a
Commonwealth agency or a person (other than a member of the Australian Federal
Police) under another law of the Commonwealth that would allow the agency or
person to investigate any matters relating to an accident or incident must be
exercised and performed subject to this Part.
Division 3—Accident site
powers
98
Accident sites and accident site premises
In this Division:
accident site means:
(a) a site where an accident has
occurred; or
(b) a site on which there is an impact
point caused by a space object that has been involved in an accident; or
(c) a
site on which there is a space object that has been involved in an accident;
together with such area around the site as the
Investigator of the accident determines to be reasonably necessary to
facilitate the investigation of the accident and securing of the site.
accident site premises means:
(a) premises on which there is an
accident site; or
(b) premises that it is necessary to
enter to get to premises on which there is an accident site.
99
Power of entry to accident site
(1) An Investigator may:
(a) with the consent of the occupier
of accident site premises; or
(b) subject
to this Division, without the consent of the occupier of accident site
premises;
enter the premises and do any or all of the following for
the purposes of investigating a particular accident:
(c) leave and re‑enter the accident
site premises at any time during the access period (see subsection (2));
(d) take control of and secure the
accident site during the access period;
(e) search the accident site;
(f) take photographs, video
recordings or sketches of the accident site or the space object or any other
thing on or in the site;
(g) inspect or examine a thing;
(h) take samples of a thing;
(i) measure a thing;
(j) take equipment to the accident
site and operate the equipment;
(k) remove the space object, the space
object wreckage or any other thing from the accident site premises and exercise
any of the powers mentioned in paragraphs (g), (h) and (i), take
photographs or video recordings or subject the thing to testing.
(2) In this section, the access period
is the period beginning when the Investigator first enters the accident site
premises and ending on the day that the Investigator specifies in a written
determination as the last day of the access period.
(3) That day must be no later than is
reasonably necessary for investigating the accident and in any case no later
than 28 days after the day on which the access period begins.
(4) However, the Minister may, by written
determination, extend or further extend the access period beyond that 28 day
limit, if the Minister considers it is reasonably necessary for investigating
the accident.
100
Procedure before entry
(1) Before an Investigator or a person
authorised to assist the Investigator under section 102 enters accident
site premises, the Investigator must:
(a) announce that this Division
authorises him or her to enter the premises; and
(b) give any occupier at the premises
an opportunity to allow entry.
(2) When requesting an occupier’s consent,
the Investigator must tell the person that the Investigator has powers of entry
and search under this Division even if the occupier refuses to give his or her
consent.
101
Identity cards
(1) The Minister must issue an Investigator a
card identifying the holder as an Investigator.
(2) An identity card must include a recent
photograph of the holder.
(3) An Investigator or is not entitled to
exercise any powers under this Part if:
(a) the occupier of the relevant
premises has required the Investigator to show his or her identity card; and
(b) the Investigator fails to comply
with the requirement.
(4) As soon as practicable after a person
ceases to be an Investigator, the person must return his or her identity card
to the Minister.
(5) 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.
102
Availability of assistance and use of force in entering accident site premises
In entering accident site premises
without the consent of the occupier of the premises:
(a) an Investigator may get such
assistance as is necessary and reasonable; and
(b) the
Investigator or a person assisting may use such force against the occupier and
things as is necessary and reasonable.
103
Offence of entering etc. an accident site without permission
If:
(a) an accident site has been secured
under subsection 99(1); and
(b) a person enters or remains on the
site without the Investigator’s permission;
the person is guilty of an offence.
Maximum penalty: 10 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.
Part 8—Miscellaneous
104
Delegation
The Minister may, by signed writing,
delegate to another person any or all of his or her powers under this Act, if
the Minister considers that the person is suitably qualified to exercise the
powers concerned.
105
Operation of other laws
Nothing in this Act limits or excludes
the operation of other laws of the Commonwealth, except to the extent (if any)
that they are inconsistent with this Act.
106
Immunity
A person is not subject to any liability
to any person in respect of anything done, or omitted to be done, in good faith
in connection with the exercise or performance of powers, functions or duties
under this Act.
107
Compensation—constitutional safety net
(1) If:
(a) apart from this section, the
operation of this Act would result in the acquisition of property from a person
otherwise than on just terms; and
(b) the acquisition would be invalid
because of paragraph 51(xxxi) of the Constitution;
the Commonwealth is liable to pay compensation of a
reasonable amount to the person in respect of the acquisition.
(2) If the Commonwealth and the person do not
agree on the amount of the compensation, the person may take proceedings in the
Federal Court for the recovery from the Commonwealth of such reasonable amount
of compensation as the Court determines.
(3) In this section:
acquisition of property has the same meaning
as in paragraph 51(xxxi) of the Constitution.
just terms has the same meaning as in
paragraph 51(xxxi) of the Constitution.
108
Severability: additional effect of Act
(1) Without limiting its effect apart from
this section, this Act also has effect as provided by this section.
(2) This Act also has the effect it would
have if its operation were expressly confined to:
(a) giving effect to the UN Space
Treaties; and
(aa) giving effect to specified space
cooperation agreements; and
(b) matters external to Australia; and
(c) matters of international concern.
(3) This Act also has the effect it would
have if:
(a) the operation of Part 3 were
expressly confined to acts or omissions of corporations to which paragraph 51(xx)
of the Constitution applies; and
(b) the operation of Part 4 were
expressly confined to cases in which the responsible party, for the launch or
return of a space object, is such a corporation.
(4) This Act also has the effect it would
have if its operation were expressly confined to acts or omissions taking place
in the course of, or in relation to, trade or commerce:
(a) between Australia and places
outside Australia; or
(b) among the States; or
(c) within a Territory, between a
State and a Territory or between 2 Territories.
(5) This Act also has the effect it would
have if its operation were expressly confined to acts or omissions taking place
in a Territory.
(6) This Act also has the effect it would
have if its operation were expressly confined to acts or omissions taking place
in a place acquired by the Commonwealth for public purposes.
109
Application of Act: pre‑existing agreement
(1) Subject to this section, this Act does
not apply in relation to:
(a) launches or returns, or activities
related to launches or returns; or
(b) the operation of a launch facility
or the doing of anything directly connected with the operation of a launch
facility;
in accordance with any agreement made between the
Commonwealth and another person before 11 November 1998.
(2) However:
(a) any term or condition of such an
agreement that relates to the launch or return of a space object is taken, for
the purposes of this Act, to be a condition (but not a standard launch permit
condition) of a launch permit held by the person; and
(b) any other term or condition of
such an agreement is taken, for the purposes of this Act, to be a condition of
a space licence held by the person.
(3) If a person launches or returns a space
object purportedly in accordance with an agreement mentioned in subsection (1)
and:
(a) the launch or return is conducted
in a way that is likely to cause substantial harm to public health or public
safety or to cause substantial damage to property; or
(b) the space object is or contains a
nuclear weapon or a weapon of mass destruction of any other kind; or
(c) the space object contains any
fissionable material and the Minister’s written approval for this has not first
been obtained; or
(d) the launch or return does not
comply with a term or condition of the agreement that requires insurance cover
to be obtained in connection with the launch or return;
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.
(4) The Minister may take civil proceedings
under Part 6 against a person who is alleged to have committed an offence
against subsection (3), as an alternative to prosecution.
(5) An application may be made to the
Administrative Appeals Tribunal for review of any decision made under an
agreement mentioned in subsection (1) (including a decision made before
this Act commenced):
(a) refusing to authorise activities
covered by paragraph (1)(a) or (b); or
(b) varying, revoking or suspending
such an authorisation; or
(c) imposing a particular condition or
conditions on the conduct of such activities.
For this purpose, the decision is treated as though it had
been made in the exercise of a power conferred by this Act.
(6) Subsection (1) does not apply to
Part 5 (which deals with the Register of Space Objects) or to Part 7
(which deals with investigating accidents and incidents).
110
Regulations
(1) The Governor‑General may make regulations
prescribing matters:
(a) required or permitted by this Act
to be prescribed; or
(b) necessary or convenient for
carrying out or giving effect to this Act.
(2) The regulations may make provision for or
in relation to a matter by applying, adopting or incorporating (with or without
modification) any matter contained in a written instrument or other document,
as in force at a particular time or as in force from time to time.
Schedule 6—Agreement between the Government of Australia and the Government of
the Russian Federation on Cooperation in the Field of the Exploration and Use
of Outer Space for Peaceful Purposes
Note: This is the copy of the Agreement referred to
in the definition of intergovernmental agreement with Russia in section 8 of this Act.
THE GOVERNMENT OF
AUSTRALIA AND THE GOVERNMENT OF THE RUSSIAN FEDERATION, hereafter referred to
as the Parties,
EXPRESSING a
common desire for the development of long term cooperation in the exploration
of outer space and the application of space equipment and technologies for the
benefit of the peoples of both countries,
CONSIDERING that
the expansion of such cooperation gives rise to new practical requirements for
the organisational and legal regulation of relations between its participants,
RECOGNISING the
significant potential mutual benefits from encouragement and development of
cooperation in commercial space activities,
ACCORDING due
significance to the elaboration of coordinated measures aimed at facilitating
future forms of industrial, economic and commercial activities and business
partnerships in the space field, including fair and mutually beneficial trade
practices and procurement methods,
REAFFIRMING their
commitment to enhancing the peaceful use of outer space through regional and
global cooperation,
TAKING into
consideration the Treaty on Principles Governing the Activities of States in
the Exploration and Use of Outer Space, including the Moon and other Celestial
Bodies, of 27 January 1967, as well as other multilateral treaties
regulating the use of outer space in which both Australia and the Russian
Federation participate.
HAVE AGREED on
the following:
Article
1
Purpose
The purpose of this Agreement is to promote creation of an adequate organisational
and legal basis for mutually beneficial cooperation in specific areas of joint
activity relating to the exploration and use of outer space and the practical
application of space equipment and technology for peaceful purposes,
particularly by:
a) creating a framework for commercial and other activities related
to the launching of space apparatus;
b) encouraging scientific research and cooperation, and joint
activities in design, development, production, testing and operation of space
equipment;
c) promoting mutual exchanges of relevant technologies,
expertise, equipment and material resources; and
d) providing conditions for the conclusion of subsequent agreements
and arrangements relating to activities pursuant to this Agreement.
Article
2
Applicable
Law
Cooperation pursuant to this
Agreement shall be carried out in accordance with the domestic law and
regulations of the States of the Parties, in observance of generally recognised
norms and principles of international law and without prejudice to the
fulfilment by the Parties of obligations under other agreements in which they
participate.
Article
3
Cooperating
Agencies and Organisations
1. The Competent Agencies responsible for the development
and coordination of cooperation pursuant to this Agreement shall be: the
Department of Industry, Science and Resources on behalf of the Government of
Australia, and the Russian Aviation and Space Agency on behalf of the
Government of the Russian Federation. Where necessary, either of the Parties
may, upon agreement of the other Party by means of written notification through
diplomatic channels, appoint another department or agency as the Competent
Agency.
2. In accordance with the domestic law and regulations of
their States, the Parties may, upon mutual agreement, authorise other
departments and agencies to carry out specialised activities within the
framework of this Agreement. Competent Agencies may, within their authority and
upon mutual agreement, appoint or involve relevant organisations in such
specialised activities.
Article
4
Areas
of Cooperation
Cooperation pursuant to this
Agreement may be carried out in such areas as:
a) the scientific exploration of outer space, including the physics
of solar and terrestrial links, radioastronomy, high energy astrophysics and
the study of the planets;
b) remote sensing and monitoring of the Earth from space;
c) materials processing in space;
d) space medicine and biology;
e) space communications and information technologies;
f) satellite navigation systems and technologies;
g) research, development and design, manufacturing
and operational works related to automated apparatus and manned systems, as
well as to the corresponding ground equipment;
h) industrial and commercial applications of spin‑off results of the
use of space equipment and technology;
i) research on matters relating to the protection of the outer
space environment; and
j) as a long term aim, the creation on the territory of Australia of an international cosmodrome for the launch of payloads into outer space using
Russian launch vehicles.
Additional areas of cooperation
and joint activity shall be determined by mutual agreement
between the Parties or their Competent Agencies, as the need arises.
Article
5
Forms
of Cooperation
1. Organisational, financial, legal and technical conditions
for the accomplishment of specific programs and projects of
cooperation shall be the subject of separate agreements between
the Competent Agencies, and departments, agencies and organisations
referred to in Article 3.2 of this Agreement or, when necessary, and taking
into consideration the international obligations of both Parties, of direct
agreements between the Parties, particularly with respect to the regulation of joint
activity relating to the conduct of commercial operations and outer
space launches.
2. The Parties,
their Competent Agencies, and departments, agencies and organisations
referred to in Article 3.2 of this Agreement shall, in pertinent cases, on the basis
of separate agreements, facilitate the establishment and development of
cooperation in the areas provided for in this Agreement with the participation
of other specialised state or private organisations, including those of third
countries as well as international organisations.
3. Cooperation pursuant to this
Agreement may be carried out in such forms as:
a) planning and implementation of joint projects using scientific,
experimental and industrial bases;
b) mutual provision of scientific and technological information,
expertise, experimental data, results of experimental design works, materials
and equipment in various fields of space science, equipment and technology;
c) development and manufacturing of space apparatus and instruments;
d) use of ground objects and systems for securing launches and
control of space apparatus, including the collection and exchange of telemetric
information;
e) organisation of programs for the training of personnel and the
exchange of scientists, technical and other specialists;
f) conducting joint symposia and conferences;
g) development of various forms of partnership and joint activity
in the international market for space technology and services, including
activity associated with commercial space launches;
h) provision of technical assistance in the field of joint space
research; and
i) mutual facilitation of access to government programs for the
practical application of technological innovations and for the promotion of
industrial and economic development, as well as to corresponding international
programs aimed at the development of an outer space infrastructure.
Additional forms of cooperation and
joint activity shall be determined by mutual agreement between the Parties or
their Competent Agencies, as the need arises.
4. The Parties or Competent Agencies may, if necessary,
establish working groups by mutual arrangement for the purposes of implementing
programs and specific activities, as well as elaboration of organisational
methods and legal means of development of cooperation pursuant to this
Agreement.
Article 6
Financing
1. The financing of joint activity conducted pursuant to
this Agreement within government policy in the field of exploration and use of
outer space shall be done by the Parties in accordance with the norms and rules
in force in their States as regards budget regulation and, if not otherwise
provided for in separate contracts, subject to the availability of funds
allocated for that purpose.
2. The Competent Agencies, and departments, agencies and
organisations referred to in Article 3.2 of this Agreement shall be responsible
for funding those works and types of activities within the framework of this
Agreement that were assigned to each of them by mutual agreement between the
Parties or direct arrangements between these departments, agencies and
organisations.
3. The financing of joint activity falling outside budgetary
allocations and/or governmental programs shall be the responsibility of the
relevant participants to such activity and may be set out in the separate
agreements referred to in Article 5.1 of this Agreement.
Article
7
Intellectual
Property
1. The Parties shall ensure protection of intellectual
property, created or provided within the framework of this Agreement, in accordance
with their respective international obligations, and the domestic law and
regulations of their States.
2. The Parties, their Competent Agencies, and departments,
agencies and organisations referred to in Article 3.2 of this Agreement shall
define, in separate agreements referred to in Article 5.1 of this Agreement,
the conditions and principles to be observed with regard to intellectual
property used in and/or resulting from joint activity pursuant to this
Agreement, guided by the norms and principles set out in the Attachment to this
Agreement, which is an integral part thereof.
3. In the absence of separate
agreements as defined in paragraph 2 of this Article, the Competent
Agencies, and departments, agencies and organisations referred to in Article
3.2 of this Agreement shall apply the norms and principles set out in the
Attachment to this Agreement.
Article
8
Exchange
of Information
1. Scientific and technical data and information obtained in
the course of conducting joint activities shall be accessible to both Parties,
their Competent Agencies, and departments, agencies and organisations referred
to in Article 3.2 of this Agreement and be transmitted as soon as practicable.
2. The Parties through their Competent Agencies shall
facilitate the mutual exchange of information relating to joint activities
pursuant to this Agreement and to the basic directions of their national space
programs, subject to the principles contained in the Attachment to this
Agreement in the case of exchange of confidential information.
3. No information requiring protection in the national
security interests of the States of the Parties and classified in accordance
with the domestic law and regulations of the States of the Parties, shall be
transmitted under this Agreement.
Article
9
Protection
of Property
Each Party shall ensure the
observance of the interests of the other Party, its Competent Agency, and
departments, agencies and organisations referred to in Article 3.2 of this
Agreement pertaining to the legal protection of their property located on the
territory of its State pursuant to activity conducted within the framework of
this Agreement including, in relevant cases, and when agreed to by the Parties,
immunity of mutually specified categories of goods from any seizure or
executive action.
Article
10
Liability
1. In the interests of encouraging the development of joint
activities pursuant to this Agreement, without prejudice to separate agreements
which may be entered into by the Parties to take into account the particular
needs and specific circumstances of pursuing certain programs and
projects of cooperation, and without prejudice to the international obligations
of the Parties, including under the Convention on International Liability for
Damage Caused by Space Objects of 29 March 1972 (Liability Convention),
the obligations of the Parties to each other in relation to liability and
indemnity shall be in accordance with this Article.
2. The Parties may agree on additional or alternative
principles regarding liability in separate agreements as between themselves,
which may include, but not be limited to, apportionment of liability and
indemnity for damage, to be applied generally or in
relation to specific types of joint activity. Such agreements may include,
amongst others, descriptions of relevant equipment, procedures of investigation
and submission of claims.
3. For the purposes of this Article:
a) “protected activity” shall mean any activity within the
framework of this Agreement which, by mutual written agreement between the
Parties and with the consent of their Competent Agencies, and departments,
agencies and organisations referred to in Article 3.2 of this
Agreement is performed in accordance with the principle of cross‑waiver
of liability;
b) “damage” means:
(1) bodily injury to, or any other impairment of the health of, or
death of, any person;
(2) damage to, loss of, or loss of use of any property;
(3) loss of revenue or profits; or
(4) other direct or indirect damage;
c) “Party” means either of the Parties and includes, in this
Article, their Competent Agencies, and departments, agencies and organisations
referred to in Article 3.2 of this Agreement;
d) “related entity” means:
(1) a contractor or subcontractor of a Party at any tier;
(2) a user or customer of a Party at any tier; or
(3) a contractor or subcontractor of a user or customer of a Party at
any tier.
The term “related
entity” may, subject to appropriate arrangements, also include organisations or
institutions of a third State, when such organisations or institutions have the
same relations with the Parties as described in “d(1)”, “d(2)”, or “d(3)”
above, or are otherwise involved in the protected activity. The terms
“contractors” and “subcontractors” may include suppliers of any kind.
4. In respect to a protected activity, each Party agrees to
a cross‑waiver of liability and, accordingly, each Party waives any claims for
damages against the other Party, related entities of the other Party and
employees of the other Party or employees of related entities of the other
Party, whatever the legal basis for such claims, including, amongst others,
claims under the Liability Convention or other claims under international law
or claims in contract.
5. This cross‑waiver of liability shall apply only if the
Party, related entities, employees or property causing the damage and the
Party, related entities, employees or property suffering the damage, are
participating or being used, respectively, in a protected activity.
6. Each Party shall extend the application of the principle
of cross‑waiver of liability to its related entities through contract or other
means.
7. Notwithstanding paragraphs 4, 5 and 6 of this Article,
this cross‑waiver of liability shall not be applicable to:
a) claims between a Party and its own related entities or claims
between its own related entities;
b) claims made by a natural person not falling within the definition
of a related entity, his/her estate, survivors, or subrogees in connection with
indemnifying damage for bodily injury or any other damage to such natural
person or his/her death;
c) claims for damage caused by wilful misconduct;
d) intellectual property claims.
8. Nothing in this Article shall be construed to create the
basis for claims or suits where none would otherwise exist.
9. The Parties shall consult promptly on any potential
liability under international law, including the Liability Convention, on the
apportionment of liability, and in the event of claims arising, on the defence
of claims, and shall cooperate fully with a view to establishing the facts in
the investigation of any accident, in particular through the exchange of
experts and information.
Article 11
Customs Regulation
1. For the purposes of this Article
“goods” shall mean spacecraft, space transportation systems, their elements,
instruments, control, testing and other types of equipment required, in
particular for a launch, as well as technologies in the form of information and
data recorded on material media. The technology and information identified
above include:
a) computer software and databases;
b) inventions;
c) design and engineering developments;
d) trade secrets and know‑how, including manufacturing documentation
and technical specifications; and
e) data on research, experimental, design and engineering
development activities.
2. The movement of goods specified in paragraph 1 of
this Article and especially intended for the purposes of cooperation within the
framework and upon the terms of this Agreement, across the customs borders of
the States of the Parties, shall be free of customs duties.
3. Where the domestic law and regulations of the States of
the Parties do not provide for direct exemption from other taxes on goods for
the purposes of cooperation under this Agreement, and such taxes are collected
by customs authorities, such an exemption shall be applied on the basis of this
Agreement subject to the domestic law and regulations of the States of the
Parties.
Article 12
Export Control
1. Technology transfer for the purposes of any joint
activity pursuant to this Agreement shall be undertaken by the Parties subject
to the observation of the domestic law and regulations of their States,
including the requirements of the Missile Technology Control Regime (MTCR). The
Parties shall act in accordance with the domestic law and regulations of their
States, on export control in relation to those goods and services included in
the national lists and enumerations of export controls.
2. This Article extends to any form of cooperation, the
exchange of information, technical data and items of all types, including joint
industrial production and intellectual property, where they are regulated
by the MTCR, on the territory of the exporter, importer or third countries.
Article
13
Assistance
to the Activities of Personnel
Each Party, in accordance with the
domestic law and regulations of its State, shall assist the entry to the
territory of its State of personnel assigned on a mission by the other Party,
its Competent Agency, and departments, agencies and organisations referred to
in Article 3.2 of this Agreement as regards the procedure of appropriate visa
processing.
Article
14
Economic
and Industrial Types of Activity
In accordance with the domestic law
and regulations of their States, the Parties will strive to encourage activity
by organisations, enterprises and firms of their countries, directed at the
support of joint programs of cooperation in the field of exploration and use of
outer space, and the practical application of space equipment and technology.
For these purposes, the Parties will strive to implement, by mutual
arrangement, measures to facilitate corresponding entrepreneurial
activities, trade and economic transactions.
Article
15
Settlement
of Disputes
1. The Parties, if necessary, shall hold consultations on
matters pertaining to the interpretation and implementation of this Agreement.
The Parties shall seek to resolve any dispute between them concerning the
interpretation and implementation of this Agreement through prompt and amicable
negotiations and consultations, including through diplomatic channels.
2. Disputes between Competent Agencies or between
departments, agencies and organisations referred to in Article 3.2 of this
Agreement shall be referred, for joint consideration, to the senior executives
of respectively, Competent Agencies, and these departments, agencies and
organisations or their plenipotentiaries, who should make all efforts to
resolve the dispute by consensus. Within the framework of the procedure
provided for in this paragraph, disputes may be referred to settlement through
conciliation with the purpose of achieving agreement or drafting findings or
recommendations on all matters of facts and law pertaining to the issue.
3. If a dispute has not been settled by means of procedures
envisaged in paragraph 1 of this Article within six months after one of
the Parties forwards a written request to hold such negotiations or
consultations, it shall, upon request of either Party, be submitted to an
Arbitral Tribunal which shall be established in accordance with the provisions
of this Article.
4. An Arbitral Tribunal shall be constituted for each
individual case in the following way:
a) within two months of the receipt of the request for consideration
of the dispute by arbitration, each Party shall appoint an arbitrator.
Those two arbitrators shall then select a national of a third country who, on
approval by the two Parties, shall be appointed Chairman of the Arbitral
Tribunal. The Chairman shall be appointed within two months from the date of
appointment of the other two arbitrators;
b) in case an arbitrator appointed as provided for in this Article
shall resign or become unable to act, a successor arbitrator shall be appointed
in the same manner as prescribed for the appointment of the original arbitrator
and the successor shall have all the powers and duties of the original
arbitrator.
5. If, within the period specified in paragraph 4 of
this Article, the necessary appointments have not been made, either Party may,
in the absence of any other agreement, invite the President of the
International Court of Justice to make all necessary appointments. If the
President is a national of the State of either Party or is unable to discharge
the said function, the next most senior Member of the Court who is not
disqualified on such a ground shall make the necessary appointments.
6. The Arbitral Tribunal shall decide all questions relating
to its competence and shall, subject to the agreement between the Parties,
determine its own procedure. The Arbitral Tribunal shall reach its award by
majority vote taking into account the provisions of this Agreement, the
international treaties both Parties have concluded and the generally recognised
norms and principles of international law. It may render an award on the
default of a Party. Any award shall be rendered in writing and shall state its
legal basis. An award shall be final and binding on the Parties, if the Parties
have not agreed in advance on the procedure of appeal.
7. Each Party shall bear the costs of its arbitrator. The
costs of the Chairman of the Arbitral Tribunal and other expenses associated
with the conduct of the arbitration shall be borne in equal parts by both
Parties. The Arbitral Tribunal may decide, however, that a higher proportion of
costs shall be borne by one of the Parties.
Article
16
Final
Provisions
1. This Agreement shall enter into force from the date of
the latter written notification through diplomatic channels on completion by
the Parties of domestic procedures necessary for its entry into force.
2. This Agreement is concluded for a period of ten years.
Its effect shall be automatically extended for a subsequent ten‑year period if
neither of the Parties notifies the other Party through diplomatic channels of
its intention to terminate it twelve months before the expiry of the initial
ten‑year period. This Agreement may be terminated by either Party in the period
following its automatic extension by twelve months written notice to the other
Party through diplomatic channels.
3. Additional extension of this Agreement shall be the
subject of consultations between the Parties, which shall commence no later
than twelve months before the expiry of the period of its automatic extension.
4. This Agreement may be amended and supplemented by the
agreement of the Parties in written form.
5. In the event of the termination of this Agreement, its
provisions shall continue to apply to all unfinished activities if the Parties
do not agree otherwise. The termination of this Agreement shall not serve as
the basis for the revision or termination of obligations of a financial or
other contractual nature still in force and shall not affect the rights and
obligations of legal and natural persons, which have arisen before its
termination.
6. From the date of the entry into force of this Agreement,
the Agreement between the Government of Australia and the Government of the Union of Soviet Socialist Republics on Co‑operation in Space Research and the Use of Space
for Peaceful Purposes of 1 December 1987 shall cease to have effect as
between Australia and the Russian Federation.
Done at Canberra on 23 May
2001 in duplicate, each in the English and Russian languages, both texts having
equal validity.
|
FOR THE GOVERNMENT
OF AUSTRALIA
|
FOR THE GOVERNMENT
OF THE RUSSIAN FEDERATION
|
[Signatures Omitted]
ATTACHMENT
INTELLECTUAL PROPERTY
The Parties shall use their best
endeavours to ensure the effective protection of results obtained within the
framework of cooperation, which is a subject of this Agreement and separate
agreements referred to in Article 5 of this Agreement.
The Competent Agencies, and
departments, agencies and organisations referred to in Article 3.2 of this
Agreement, hereinafter described as “cooperating organisations”, shall in good
time inform each other about all results of joint activity subject to
protection as intellectual property and promptly cooperate to obtain
registration or carry out other procedures for protection.
1. Sphere
of Application
1. This Attachment applies to all types of joint activity
performed pursuant to the cooperation under this Agreement, with the exception
of those cases when the Parties or cooperating organisations agree on any
special provisions within the framework of separate agreements referred to in
Article 5 of this Agreement.
2. For the purposes of this Agreement, the term
“intellectual property” has the meaning provided for in Article 2 of the
Convention establishing the World Intellectual Property Organization done at Stockholm on 14 July
1967.
3. This Attachment shall regulate the allocation of
intellectual property rights between the Parties or cooperating organisations
in relation to a joint activity. Each Party shall act in such a way that the
cooperating organisations of the other Party can acquire the rights to
intellectual property belonging to them in accordance with this Attachment.
4. This Attachment does not change the Parties’ legal
regulation of intellectual property rights determined by the legislation of
their States and the internal regulations of cooperating organisations taking
into account provisions envisaged in section 2, paragraph 6 of this
Attachment. In the same way, this Attachment does not alter the relations
between the cooperating organisations of each Party and relations between the
Parties and these organisations. Furthermore it will not prejudice the
international obligations of the Parties.
5. Carrying out of joint works does not affect the
intellectual property rights of the cooperating organisations acquired earlier
or resulting from independent research (background intellectual property).
6. The termination of this Agreement does not affect rights
or obligations having arisen on the basis of this Attachment, if they were
accepted before such termination.
2. Grant
of Rights
1. In relation to intellectual property created in the
course of a joint activity, the Parties or cooperating organisations shall
strive to jointly elaborate a plan for the assessment and use of technology
either before the beginning of their cooperation or within a reasonable time
from the moment when a cooperating organisation creates an object of
intellectual property. In this plan for the assessment and use of technology,
they shall take into account the corresponding contributions of the Parties and
their cooperating organisations to the activity under consideration, including
background intellectual property transferred in the framework of cooperation,
define types and scope of use of the intellectual property, terms and
procedures of the realisation of rights on it on the territory of the States of
the Parties, as well as on the territory of other countries, recognising that
the minimal scope is the right of each cooperating organisation to use created
intellectual property for its own needs. For the purposes of granting
intellectual property rights, an activity is considered to be a joint activity
from the moment when it is defined as such in separate agreements referred to
in Article 5 of this Agreement. The grant of rights to the objects of
intellectual property created as a result of an activity, which is not a joint
activity, shall be carried out according to the provisions of paragraph 3
of this section. The Parties or cooperating organisations shall decide by
mutual arrangement whether the results of work jointly carried out should be
either patented or registered or kept secret.
2. If such a plan for the assessment and use of technology
is not established within four months from the moment of the creation of the
object of intellectual property which is a result of a joint activity, each of
the Parties or cooperating organisations may receive all rights and benefits
from such intellectual property on its State’s territory. Cooperating organisations
shall in relation to a joint activity negotiate regarding the allocation of
intellectual property rights, as well as the expenses related to the protection
of intellectual property rights under mutually agreed conditions, taking into
account the corresponding contributions of each of them.
3. In cases, which are not joint activities, the terms for
the implementation of a procedure for the acquisition and use of intellectual
property rights shall be determined in separate agreements and contracts.
4. The Parties shall on the initiative of either of them,
without delay, consult for the purposes of securing protection and distribution
of intellectual property rights on protected objects of intellectual property
in third countries applying the provisions of paragraphs 1 and 2 of this
section.
5. The rules for the internal regulation of host
organisations or institutions as regards intellectual property rights as well
as possible remuneration and disbursements related to these rights as they are
determined by the internal regulations of each of the host organisations extend
to researchers and scientists of one of the Parties enlisted in the service of
any organisation or institution of the other Party. Each researcher or
scientist, designated as an inventor is entitled in accordance with his
contribution to a share of remuneration to be earned by the host organisation
or institution for licensing this intellectual property.
6. Copyright extends to publications. Each Party and its
cooperating organisations shall be entitled to non‑exclusive, irrevocable and
free licences for non‑commercial purposes for the translation, reproduction and
public distribution in all countries of scientific and technical articles,
lectures (reports), books and other copyright products, which are the direct
result of a joint activity. The forms of implementation of these rights shall
be determined in separate agreements and contracts. All copies of publications
should show the author’s name unless he expressly refuses to give his name or
wishes to appear under a pseudonym.
7. The totality of intellectual property rights, but not
including moral rights, to computer programs elaborated within the framework of
cooperation shall be allocated between the cooperating organisations taking
into account their contribution to its elaboration and financing. In cases of
joint elaboration or joint financing of computer programs by both Parties or
cooperating organisations a regime to be applied in relation to these programs,
including the allocation of remuneration in the case of commercial use, shall
be determined by separate agreements or contracts. In the absence of separate
agreements or contracts the provisions of paragraphs 1 and 2 of this section
related to the allocation of rights in connection with a joint activity shall
apply.
8. Confidential information shall be designated as such in
an appropriate manner. The responsibility for such a designation shall rest
with the Party or cooperating organisation, which demands such confidentiality.
Each Party or cooperating organisation shall protect such information in
accordance with applicable laws and regulations of its State. The term
“confidential information” means any know‑how, data or information, in
particular technical, commercial or financial, independent of the form in which
it is passed on for the purposes of carrying out activity pursuant to this
Agreement and which corresponds to the following conditions:
a) the possession of this information may ensure gains, in particular
ones of an economic, scientific or technical character or give an advantage in
competition with persons who do not possess it;
b) this information is not generally known or widely available from
other sources;
c) this information was not earlier passed on by its possessor to a
third person without the obligation to maintain its confidentiality;
d) this information is not already at the disposal of the recipient
without the obligation to maintain its confidentiality.
The Parties or
cooperating organisations may transfer confidential information to their own
employees, unless otherwise provided in separate agreements referred to in
Article 5 of this Agreement. Such information may be passed on to the basic
performers of the work and subcontractors within the framework of the sphere of
application of separate contracts with them. Information given in this way may
be used only within the limits of the sphere of application of those contracts,
which would envisage the conditions and time limits of application of such
provisions on confidentiality.
The Parties and
cooperating organisations undertake to adopt all necessary measures in relation
to their employees, basic performers of work and subcontractors for the
observance of the obligations on protecting confidentiality determined above.
9. The grant of the results of joint research and
elaboration to third persons shall be the subject of written agreements between
the Parties or cooperating organisations. Without prejudice to the
implementation of rights in accordance with paragraph 6 of this section,
such agreements will determine the procedure for the distribution of the
referred results.