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Space Activities Regulations 2001

Authoritative Version
SR 2001 No 186 Regulations as amended, taking into account amendments up to SR 2004 No. 79
Administered by: Industry, Innovation and Science
Start Date 30 Apr 2004

SPACE ACTIVITIES REGULATIONS 2001



Compilation Information

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Space Activities Regulations 2001

Statutory Rules 2001 No. 186 as amended
made under the
Space Activities Act 1998
This compilation was prepared on 30 April 2004
taking into account amendments up to SR 2004 No. 79
Prepared by the Office of Legislative Drafting,
Attorney-General's Department, Canberra

SPACE ACTIVITIES REGULATIONS 2001
Part 1 Preliminary

SPACE ACTIVITIES REGULATIONS 2001
- REG 1.01 Name of Regulations [see Note 1]

These Regulations are the Space Activities Regulations 2001.

SPACE ACTIVITIES REGULATIONS 2001
- REG 1.02 Commencement [see Note 1]

These Regulations commence on gazettal.

SPACE ACTIVITIES REGULATIONS 2001
- REG 1.03 Definitions

In these Regulations:
accredited translator, of a document that is not in English, means a person who:

(a)
is accredited, by the National Accreditation Authority for Translators and Interpreters, Australia, as a translator in English and the language in which the document is written; or

(b)
is accredited, or otherwise recognised, as a translator in those languages by the competent authority of another country that is responsible for the accreditation or recognition of translators in that country.

Act means the Space Activities Act 1998.

auditor means an independent auditor registered under the Corporations Law.

Flight Safety Code means the document called `Flight Safety Code', published by the Department, as in force on 3 July 2002.

launch permit holder means the holder of a launch permit.

licence holder means the holder of a space licence.

List of Designated and Protected Assets means the document by that name published by the Department, as in force on 3 July 2002.

origin, of a payload, includes:

(a)
the person that paid or will pay for the payload; and

(b)
the person that provided or will provide the payload; and

(c)
the country in which the payload was manufactured or will be manufactured.

parent body of a body corporate (the subsidiary) means a body corporate that:

(a)
is incorporated by or under a law of the Commonwealth or of a State or Territory or is a foreign corporation; and

(b)
is a holding company, directly or indirectly, of the subsidiary; and

(c)
is not a subsidiary of another body corporate.

related entity has the meaning given by section 9 of the Corporations Act 2001.
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SPACE ACTIVITIES REGULATIONS 2001
- REG 1.04 Application for declaration — approved scientific or educational organisation

(1) For section 8C of the Act, an application for a declaration under section 8A of the Act must:

(a)
be in writing; and

(b)
state the applicant's name, address and ABN (if any) or ACN (if any); and

(c) include the following information:
(i) a statement whether the applicant claims to be one or more of the following:

(A)
an educational institution;
(B)
a non-profit body;
(C)
a scientific organisation;
and, if so, the basis of the claim;
(ii)
whether the applicant is a body corporate, unincorporated body or an individual;
(iii)
details of the applicant's organisational structure;
(iv)
the applicant's principal function;
(v)
the applicant's principal activities;
(vi)
if the applicant is not an individual — the purpose for which, and the manner in which, the applicant was established;
Examples for subparagraph (vi)
1.   Establishment by a law of the Commonwealth or of a State or Territory.

2.   Establishment by incorporation.

(vii)
whether the applicant carries on business for the purpose of profit or gain to its individual members, or to particular persons;
(viii)
whether the applicant is prohibited, by the terms of the body's constitution, or by operation of law, from making any distribution of its assets (including money and property), to its members or to particular persons while the body is operating or upon being wound up;
(ix)
a description of the space activity, or the series of space activities, that the applicant proposes to undertake or is likely to undertake;
(x)
a description of the purpose or purposes of the activity or series of activities;
(xi)
details of the nature, origin and function of the payload for each activity or series of activities;
(xii)
details of the proposed use of the results, data, intellectual property or other products that are expected to be obtained or collected as a result of the activity or series of activities;
(xiii)
details of the nature and source of the funding for the activity or series of activities, and details of any conditions under which the funding is or will be provided;
(xiv)
details of any agreement, memorandum of understanding or other arrangement that the applicant has entered into, or is proposing to enter into, in relation to the activity or the series of activities;
(xv)
when the applicant expects that the activity or the series of activities will be conducted;
(xvi)
the extent of participation by Australian nationals in the activity or the series of activities;
(xvii)
the name of each person that is a related party or related entity in relation to the applicant;
(xviii)
if a related party or related entity has a financial or ownership interest in the applicant, a description of that interest;
(ixx)
the name of an individual within the institution, body or organisation who is able to deal with all matters in relation to the application;
(xx)
the telephone number at which the individual may be contacted at all times;
(xxi)
the telephone number (if any) to which a facsimile message for the individual may be transmitted;
(xxii)
the individual's e-mail address (if any); and

(d) be signed by:

(i)
the chief executive officer of the applicant; or
(ii)
if the applicant does not have a chief executive officer — a person whose duties are equivalent to the duties of a chief executive officer; and

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(e) be accompanied by:

(i)
documents that provide evidence that supports a claim mentioned in subparagraph (c) (i); and
(ii)
documents that provide evidence of the matters mentioned in subparagraphs (c) (ii) to (xviii); and
(iii)
if the applicant is not an individual — a copy of the applicant's constitution (if any).

Note   The making of a declaration under section 8A of the Act does not imply that the applicant will be granted approval to undertake a particular space activity or series of space activities.

(2)
If, at the time the application is made, an applicant does not have an ABN or an ACN, and the applicant subsequently obtains an ABN or an ACN, the applicant must tell the Minister as soon as practicable after the ABN or ACN is obtained.

Note 1   Under paragraph 18 (aa) of the Act, a space licence can be granted only to a person that is a corporation to which paragraph 51 (xx) of the Constitution applies.
Note 2   Giving false or misleading information or a false or misleading document is a serious offence — see Part 7.4 of the Criminal Code.

SPACE ACTIVITIES REGULATIONS 2001
Part 2 Space licences

SPACE ACTIVITIES REGULATIONS 2001
Division 2.1 General

SPACE ACTIVITIES REGULATIONS 2001
- REG 2.01 Definitions for this Part

In this Part:

ground system, in relation to a launch facility, means the part of the launch facility consisting of the fuel farm, the refuelling facility, the payload preparation facilities, the flight launch pad, the control centre, and the vehicle handling systems.

relevant launch facility means:

(a)
in relation to an application for the grant of a space licence, the launch facility that is proposed to be covered by the licence; and

(b)
in relation to an application for the transfer of a space licence, the launch facility that is covered by the licence.

relevant launch vehicle means:

(a)
in relation to an application for the grant of a space licence, a launch vehicle of the kind that is proposed to be covered by the licence; and

(b)
in relation to an application for the transfer of a space licence, a launch vehicle of the kind that is covered by the licence.

SPACE ACTIVITIES REGULATIONS 2001
Division 2.2 Criteria for launch facility

SPACE ACTIVITIES REGULATIONS 2001
- REG 2.02 Criteria for launch facility

(1)
For paragraph 18 (f) of the Act, the criterion set out in subregulation (2) is prescribed.

(2)
The launch facility must be as effective and safe for its intended purpose as is reasonably practicable having regard to its design, its construction or proposed construction and that purpose.

SPACE ACTIVITIES REGULATIONS 2001
Division 2.3 Criteria for kind of launch vehicle

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SPACE ACTIVITIES REGULATIONS 2001
- REG 2.03 Criteria for kind of launch vehicle

(1)
For paragraph 18 (g) of the Act, the criterion set out in subregulation (2) is prescribed.

(2)
The kind of launch vehicle must be as effective and safe for its intended purpose as is reasonably practicable having regard to its design and that purpose.

SPACE ACTIVITIES REGULATIONS 2001
Division 2.3A Criteria for flight paths

SPACE ACTIVITIES REGULATIONS 2001
- REG 2.03A Criteria for flight paths

(1)
For paragraph 18 (h) of the Act, the criterion set out in subregulation (2) is prescribed.

(2) The flight path must be as effective and safe for its intended purpose as is reasonably practicable, having regard to:

(a)
that purpose; and

(b)
the design of the launch vehicle; and

(c)
the launch safety standards set out in the Flight Safety Code.

SPACE ACTIVITIES REGULATIONS 2001
Division 2.4 Space licence conditions

SPACE ACTIVITIES REGULATIONS 2001
- REG 2.04 Definitions for Division 2.4

In this Division:
deemed employee means an individual who, although not employed by the holder of a space licence:

(a)
performs a service for the holder that is directly connected to a space activity; or

(b)
is employed by a person that performs such a service.

personnel record, for an employee or deemed employee, means a record of information about the employee or deemed employee that includes the following:

(a)
the name and residential address of the employee or deemed employee;

(b)
the qualifications of the employee or deemed employee;

(c)
the duties and functions of the employee or deemed employee;

(d)
the date when the employee's or deemed employee's service began;

(e)
the address of each of the usual places of residence of the employee or deemed employee for the period of 10 years immediately before the record was made;

(f)
the employment history of the employee or deemed employee for the period of 10 years immediately before the record was made.

SPACE ACTIVITIES REGULATIONS 2001
- REG 2.04A Standard space licence conditions

For paragraph 20 (c) of the Act, the following conditions are specified:

(a)
for each licence holder — the conditions mentioned in regulation 2.04B;

(b)
for a licence holder that is not an approved scientific or educational organisation — the additional conditions mentioned in regulation 2.04C;

(c)
for a licence holder that is an approved scientific or educational organisation — the additional conditions mentioned in regulation 2.04D.

Note 1   The holder of a space licence must not contravene a condition of the licence — see section 21 of the Act. If a

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person contravenes section 21 of the Act, the person may be subject to a civil penalty — see Part 6 of the Act.
Note 2   The Minister may also suspend a space licence if the holder of the licence contravenes a condition of the licence — see section 25 of the Act.

SPACE ACTIVITIES REGULATIONS 2001
- REG 2.04B Standard space licence conditions — all licence holders

(1) For paragraph 2.04A (a), the conditions are:
(a) the licence holder must give to the Minister a copy of each approval or authorisation that:

(i)
is mentioned in paragraph 2.16 (1) (a); and
(ii)
the licence holder has not given to the Minister under the Act or another provision of these Regulations; and

(b) for each employee or deemed employee mentioned in subregulation (2), the licence holder must, if the licence holder has not already done so under paragraph 2.10 (1) (e), notify the Minister in writing of:

(i)
the name, qualifications and duties or functions of the employee or deemed employee; and
(ii)
the address of each of the usual places of residence of the employee or deemed employee for the 10 years immediately preceding the date of the notice; and
(iii)
the employment history of the employee or deemed employee for the 10 years immediately preceding the date of the notice; and
(iv)
if, for any reason, an employee or deemed employee changes his or her duties or functions within the holder's organisation, the changed duties or functions; and

(c) the licence holder must keep a personnel record for each employee or deemed employee mentioned in subregulation (2); and

(d)
the licence holder must keep each personnel record for 7 years after the last entry in it was made.

(2) For paragraphs (1) (b) and (c), the following are the employees or deemed employees:

(a)
an employee or deemed employee who is employed at the launch facility;

(b)
any other employee or deemed employee doing anything, in the course of his or her duties or functions, directly connected with operating the launch facility or operating the launch vehicles.

SPACE ACTIVITIES REGULATIONS 2001
- REG 2.04C Additional standard space licence conditions — licence holders that are not approved scientific or educational organisations

(1) For paragraph 2.04A (b), the additional conditions are:
(a) the licence holder must ensure that the launch facility and launch vehicles of the kind covered by the licence are operated, and any construction associated with the launch facility is done, in accordance with a program management plan that:

(i)
is in accordance with regulation 2.11; and
(ii)
is approved by the Minister; and

(b) if subregulation (2) applies to the licence holder, the licence holder must ensure that any test flight of a launch vehicle, or a launch vehicle of a kind, mentioned in that subregulation that is conducted at the launch facility is conducted, and the results of the test flight are recorded and reported, in accordance with a flight test plan that:

(i)
is in accordance with regulation 2.12; and
(ii)
is approved by the Minister; and

(c) the licence holder must ensure that the launch facility and launch vehicles are operated in accordance with a technology security plan that:

(i)
is in accordance with regulation 2.13; and
(ii)
is approved by the Minister; and

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(d) the licence holder must comply with an emergency plan that is in accordance with regulation 2.14:

(i)
if there is an accident or incident or any other emergency of a kind mentioned in that regulation; or
(ii)
in conducting exercises to test the plan and reporting in relation to those exercises; and

(e) the licence holder must ensure that the hazard analysis to be carried out for a launch, and any connected return, is conducted in accordance with a risk hazard analysis methodology that:

(i)
is in accordance with regulation 2.16A; and
(ii)
is approved by the Minister; and
(f)
the licence holder must ensure that each flight path covered by the licence is consistent with the information for the flight path that is:

(i)
mentioned in regulation 2.16B; and
(ii)
approved by the Minister; and

(g) the licence holder must ensure that the launch facility is constructed and operated in accordance with:

(i)
if another law of the Commonwealth or of a State or Territory requires the holder to have an environmental plan approved for the construction or operation of the launch facility — that plan; and
(ii)
in any other case — an environmental plan, containing the arrangements and procedures mentioned in regulation 2.17, that is approved by the Minister; and

(h) the licence holder must take all reasonably practicable steps to amend, as necessary:

(i)
the plans mentioned in paragraphs (a), (c) and (d); and
(ii)
the plan mentioned in paragraph (b) (if applicable); and
(iii)
whichever is applicable of the plans mentioned in paragraph (g);
so that each plan is kept up-to-date; and

(i)
the licence holder must comply with a direction given to the holder under subregulation (4); and

(j)
the licence holder must ensure that a copy of each amendment of the program management plan, the technology security plan and, if applicable, the flight test plan and the environmental plan mentioned in subparagraph (g) (ii), is given to the Minister.

(2) This subregulation applies to a licence holder if:

(a)
the kind of launch vehicle covered by the licence is a new kind, and no launch vehicles of that kind have been flight tested; or

(b)
a launch vehicle of the kind covered by the licence that the holder intends to use at the launch facility has had a major modification made to it.

(3) For subregulation (2), a launch vehicle or a kind of launch vehicle has had a major modification made to it if:

(a)
a change has been made to the design of the kind of launch vehicle that involves any change to the type of engine, navigation system, flight control system or flight termination system specified in the design, or involves the use of strap-on boosters; or

(b)
it is modified in any other way that might affect, to a significant extent, any characteristic affecting its operation or performance.

(4) For the purposes of performing functions or exercising powers under the Act, the Minister may give to the licence holder a written direction in relation to the revision of:

(a)
the program management plan mentioned in paragraph (1) (a); or

(b)
if subregulation (2) applies to the licence holder — the flight test plan mentioned in paragraph (1) (b); or

(c)
the technology security plan mentioned in paragraph (1) (c); or

(d)
the risk hazard analysis methodology mentioned in paragraph (1) (e); or

(e)
if subparagraph (1) (g) (ii) applies to the licence holder — the environmental plan mentioned in that subparagraph.


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SPACE ACTIVITIES REGULATIONS 2001
- REG 2.04D Additional standard space licence conditions — licence holders that are approved scientific or educational organisations

(1) For paragraph 2.04A (c), the additional conditions are:

(a)
the licence holder must ensure that an activity undertaken under the space licence is in accordance with the information about the activity given by the licence holder under regulation 1.04; and

(b) the licence holder must ensure that the launch facility and launch vehicles of the kind covered by the licence are operated, and any construction associated with the launch facility is done, in accordance with a program management plan that is approved by the Minister; and

(c)
if subregulation (2) applies to the licence holder, the licence holder must ensure that any test flight of a launch vehicle, or a launch vehicle of a kind, mentioned in that subregulation that is conducted at the launch facility is conducted, and the results of the test flight are recorded and reported, in accordance with a flight test plan that is approved by the Minister; and

(d)
the licence holder must ensure that the launch facility and launch vehicles are operated in accordance with a technology security plan that is approved by the Minister; and

(e)
the licence holder must comply with an emergency plan that is approved by the Minister; and

(f)
the licence holder must ensure that the hazard analysis to be carried out for a launch, and any connected return, is conducted in accordance with a risk hazard analysis methodology that is approved by the Minister; and

(g)
the licence holder must ensure that each flight path is consistent with a description of the flight path that is approved by the Minister; and

(h) the licence holder must ensure that the launch facility is constructed and operated in accordance with:

(i)
if another law of the Commonwealth or of a State or Territory requires the holder to have an environmental plan approved for the construction or operation of the launch facility — that plan; and
(ii)
in any other case — an environmental plan containing the arrangements and procedures that are approved by the Minister; and

(i) the licence holder must take all reasonably practicable steps to amend, as necessary:

(i)
the plans mentioned in paragraphs (b), (d) and (e); and
(ii)
the plan mentioned in paragraph (c) (if applicable); and
(iii)
whichever is applicable of the plans mentioned in paragraph (h);
so that each plan is kept up-to-date; and

(j)
the licence holder must comply with a direction given to the holder under subregulation (4); and

(k)
the licence holder must ensure that a copy of each amendment of the program management plan, the technology security plan and, if applicable, the flight test plan and the environmental plan mentioned in subparagraph (h) (ii), is given to the Minister.

(2) This subregulation applies to a licence holder if:

(a)
the kind of launch vehicle covered by the licence is a new kind, and no launch vehicles of that kind have been flight tested; or

(b)
a launch vehicle of the kind covered by the licence that the holder intends to use at the launch facility has had a major modification made to it.

(3) For subregulation (2), a launch vehicle or a kind of launch vehicle has had a major modification made to it if:

(a)
a change has been made to the design of the kind of launch vehicle that involves any change to the type of engine, navigation system, flight control system or flight termination system specified in the design, or involves the use of strap-on boosters; or

(b)
it is modified in any other way that might affect, to a significant extent, any characteristic affecting its operation or performance.

(4) For the purposes of performing functions or exercising powers under the

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Act, the Minister may give to the licence holder a written direction in relation to the revision of:

(a)
the program management plan mentioned in paragraph (1) (b); or

(b)
if subregulation (2) applies to the licence holder — the flight test plan mentioned in paragraph (1) (c); or

(c)
the technology security plan mentioned in paragraph (1) (d); or

(d)
the risk hazard analysis methodology mentioned in paragraph (1) (f); or

(e)
if subparagraph (1) (h) (ii) applies to the licence holder — the environmental plan mentioned in that subparagraph.

SPACE ACTIVITIES REGULATIONS 2001
Division 2.5 Applications for grant of space licences

SPACE ACTIVITIES REGULATIONS 2001
- REG 2.05 Applications for grant of space licences (Act s 23)

An application for the grant of a space licence must be made in the way set out in this Division.

SPACE ACTIVITIES REGULATIONS 2001
- REG 2.06 Form of application

(1) The application:

(a)
must be in writing; and

(b) must state:

(i)
the applicant's name, registered address and ACN; and
(ii)
the names and addresses of the persons responsible for the management and control of the applicant; and
(iii)
the applicant's ABN (if any); and
(ba)
must include evidence that the applicant is a corporation; and

Note   Under paragraph 18 (aa) of the Act, a space licence can be granted only to a person that is a corporation to which paragraph 51 (xx) of the Constitution applies.

(c)
must describe the relevant launch facility and specify its location; and

(d)
must state when the applicant proposes to commence operating and, if construction of the launch facility has not yet commenced, constructing the launch facility; and

(e)
must specify the kind of launch vehicle proposed to be covered by the space licence; and

(ea)
must specify each flight path proposed to be covered by the space licence; and

(f)
if the applicant proposes to conduct a test flight or flights of a relevant launch vehicle at the launch facility, must state the date of the proposed flight or flights; and

(g) must give:

(i)
the name of an individual within the applicant's organisation who is able to deal with all matters in relation to the application; and
(ii)
the telephone number at which the individual may be contacted at all times, the telephone number (if any) to which a facsimile message for the individual may be transmitted and the individual's e-mail address (if any); and
(h)
must be accompanied by the documents mentioned in subregulation (4); and

(i)
for an applicant that is not an approved scientific or educational organisation — must be accompanied by the documents mentioned in subregulation (4B); and

(j)
for an applicant that is an approved scientific or educational organisation — must be accompanied by the documents mentioned in subregulation (4C).


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(2)
The application, and any documents required to accompany the application under this regulation, must be lodged with the Department.

(3)
If a document is not in English, the document must have with it a translation of it into English and a related certificate of verification by an accredited translator.

(4) For paragraph (1) (h), the documents are:

(a)
the documents mentioned in paragraphs 2.10 (1) (a) to (d), relating to the applicant's organisational structure and financial standing; and

(b)
a document setting out the details mentioned in paragraph 2.10 (1) (e) for each person who would, if the space licence were granted to the applicant, have duties or functions connected with the operation of the relevant launch facility or relevant launch vehicles using the launch facility; and

(c) if a technical recognition instrument exists in relation to the launch facility:

(i)
a copy of the design and engineering plans and specifications for all parts of the facility; or
(ii)
if the Minister grants permission under subregulation 2.06A (4) — the documents and statement mentioned in subregulation 2.06A (5); and
(d)
if a technical recognition instrument does not exist in relation to the launch facility — a copy of the design and engineering plans and specifications for all parts of the facility; and

(e)
evidence of any necessary approval (however described) that the applicant is required to have by or under a law of the Commonwealth or of a State or Territory for any of the arrangements or procedures in the emergency plan, from the ambulance, fire, police and other emergency services operating in the State or Territory where the launch facility is, or is proposed to be, located; and

(f)
evidence to show that all necessary environmental approvals under a law of the Commonwealth or of a State or Territory have been obtained for the construction and operation of the relevant launch facility (including, if a particular environmental approval is not necessary, evidence to that effect); and

(g) in relation to the launch vehicle or kind of launch vehicle:

(i)
if a technical recognition instrument does not exist in relation to the launch vehicle or kind of launch vehicle — the documents mentioned in regulation 2.15; or

(ii) if a technical recognition instrument exists in relation to the launch vehicle or kind of launch vehicle:

(A)
the documents mentioned in regulation 2.15; or
(B)
if the Minister grants permission under subregulation 2.06B (4) — the documents and statement mentioned in subregulation 2.06B (6); and
(h)
a copy of an outstanding acquittals plan, in accordance with regulation 2.16.

(4A)
If the applicant has arranged for the documents mentioned in paragraph (4) (c) or (d) to be given to the Department by someone else, the applicant must tell the Department who that person is and when the documents are likely to be received by the Department.

(4B) For paragraph (1) (i), the documents are:

(a)
a copy of the program management plan, in accordance with regulation 2.11, under which the applicant proposes to operate the launch facility and launch vehicles and do any construction associated with the launch facility; and

(b)
if subregulation (6) applies to the applicant — a copy of the flight test plan, in accordance with regulation 2.12, that the applicant proposes to use in relation to any test flight of a launch vehicle, or launch vehicle of a kind, mentioned in that subregulation that is proposed to be conducted at the launch facility; and

(c)
a copy of the technology security plan, in accordance with regulation 2.13, that the applicant proposes to use in operating the launch facility and the relevant launch vehicles; and

(d)
a copy of the emergency plan, in accordance with regulation 2.14, that the applicant proposes to use in relation to an accident, incident, or any other emergency mentioned in that regulation; and

(e)
a copy of the risk hazard analysis methodology, in accordance with regulation 2.16A, that the applicant proposes to use for each launch and any connected return; and

(f)
a document containing the information mentioned in regulation 2.16B for each flight path proposed to be covered by the space licence; and


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(g) if no other law of the Commonwealth or of a State or Territory requires the applicant to have an environmental plan approved for the construction and operation of the launch facility:

(i)
a copy of an environmental plan containing the arrangements and procedures mentioned in regulation 2.17; and
(ii)
a written assessment, by an independent person having suitable qualifications and experience, of the adequacy of the arrangements and procedures set out in the plan.

(4C) For paragraph (1) (j), the documents are:

(a)
a copy of the declaration under section 8A of the Act in relation to the applicant; and

(b)
a document setting out evidence of the purpose of each activity proposed to be undertaken by the applicant; and

(c)
a copy of the program management plan under which the applicant proposes to operate the launch facility and launch vehicles and do any construction associated with the launch facility; and

(d)
if subregulation (6) applies to the applicant — a copy of the flight test plan that the applicant proposes to use in relation to any test flight of a launch vehicle, or launch vehicle of a kind, mentioned in that subregulation that is proposed to be conducted at the launch facility; and

(e)
a copy of the technology security plan that the applicant proposes to use in operating the launch facility and the relevant launch vehicles; and

(f)
a copy of the emergency plan that the applicant proposes to use in relation to an accident, incident, or any other emergency; and

(g)
if no other law of the Commonwealth or of a State or Territory requires the applicant to have an environmental plan approved for the construction and operation of the launch facility — a copy of an environmental plan containing the arrangements and procedures approved by the Minister; and

(h)
a copy of the document describing the risk hazard analysis methodology that the applicant proposes to use for each launch and any connected return; and

(i)
a description of each flight path proposed to be covered by the space licence.

(5)
The flight test plan may be included as part of the applicant's program management plan or may be a separate document.

(6) This subregulation applies to the applicant if:

(a)
the kind of launch vehicle proposed to be covered by the space licence is a new kind and no launch vehicles of that kind have been flight tested; or

(b)
a relevant launch vehicle that the applicant intends to use at the launch facility has had a major modification made to it.

(7) For subregulation (6), a launch vehicle or a kind of launch vehicle has had a major modification made to it if:

(a)
a change has been made to the design of the kind of launch vehicle that involves any change to the type of engine, navigation system, flight control system or flight termination system specified in the design, or involves the use of strap-on boosters; or

(b)
it is modified in any other way that might affect, to a significant extent, any characteristic affecting its operation or performance.

(8) In this regulation:
technical recognition instrument means an instrument between Australia and another country that:

(a)
is in effect; and

(b) recognises, in whole or in part, the other country's licensing or certification:

(i)
for a particular launch facility, or a particular part of a launch facility; or
(ii)
for a particular launch vehicle or kind of launch vehicle, or for a particular part of a launch vehicle or kind of launch vehicle.

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SPACE ACTIVITIES REGULATIONS 2001
- REG 2.06A Alternative documents for subparagraph 2.06 (4) (c) (ii)

(1)
This regulation applies if a technical recognition instrument exists in relation to a launch facility that is relevant to an application for a space licence (whether or not the technical recognition instrument covers all of the facility).

(2) A person who intends to apply for the grant of a space licence may ask the Minister for permission to provide with the application:

(a)
copies of all documents in relation to the facility, as specified in the technical recognition instrument; and

(b)
if the technical recognition instrument covers only part of the facility — a copy of the design and engineering plans and specifications for all parts of the facility not covered by the technical recognition instrument; and

(c)
any other documents relating to the launch facility that the person proposes to provide;

instead of the documents mentioned in subparagraph 2.06 (4) (c) (i).

(3) A request under subregulation (2) must:

(a)
be in writing; and

(b)
state the person's name and address; and

(c)
identify the launch facility; and

(d)
state the name of the technical recognition instrument that exists in relation to the launch facility; and

(e) state the reasons why the person:

(i)
is not able to provide the documents mentioned in subparagraph 2.06 (4) (c) (i); or
(ii)
should not be required to provide those documents; and
(f)
identify any documents mentioned in paragraph (2) (c); and

(g)
identify the grounds established by the technical recognition instrument that provide a basis for the Minister to agree to the provision of the documents mentioned in subregulation (2).

(4) The Minister:

(a)
must consider the request as soon as practicable after receiving it; and

(b) must:

(i)
grant permission to provide the documents mentioned in subregulation (2) instead of the documents mentioned in subparagraph 2.06 (4) (c) (i); or
(ii)
refuse to grant permission; and
(c)
may specify in a permission any other documents relating to the launch facility that the Minister requires the person to provide; and

(d)
must tell the person of the Minister's decision as soon as practicable after making it.

(5) If the Minister grants permission to a person under subregulation (4), the person must, when applying for the grant of a space licence:

(a)
provide the documents identified in the permission, including any documents specified under paragraph (4) (c); and

(b) include with the documents a statement that:

(i)
identifies the technical recognition instrument that exists in relation to the launch facility; and
(ii)
refers to the Minister's permission.

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SPACE ACTIVITIES REGULATIONS 2001
- REG 2.06B Alternative documents for sub-subparagraph 2.06 (4) (g) (ii) (B)

(1)
This regulation applies if a technical recognition instrument exists in relation to a launch vehicle or a kind of launch vehicle, or a particular part of a launch vehicle or kind of launch vehicle, that is relevant to an application for a space licence.

(2) A person who intends to apply for the grant of a space licence may ask the Minister for permission to provide with the application:

(a)
copies of all documents in relation to the launch vehicle or kind of launch vehicle, or the particular part of the launch vehicle or kind of launch vehicle, as specified in the technical recognition instrument; and

(b)
any other documents relating to the launch vehicle or kind of launch vehicle, or the particular part of the launch vehicle or kind of launch vehicle, that the person proposes to provide;

instead of the documents mentioned in sub-subparagraph 2.06 (4) (g) (ii) (A).

(3) A request under subregulation (2) must:

(a)
be in writing; and

(b)
state the person's name and address; and

(c)
identify the launch vehicle or kind of launch vehicle, or the particular part of the launch vehicle or kind of launch vehicle; and

(d)
state the name of the technical recognition instrument that exists in relation to the launch vehicle or kind of launch vehicle, or the particular part of the launch vehicle or kind of launch vehicle; and

(e) state the reasons why the person:

(i)
is not able to provide some or all of the documents mentioned in sub-subparagraph 2.06 (4) (g) (ii) (A); or
(ii)
should not be required to provide those documents; and
(f)
identify any documents mentioned in paragraph (2) (b); and

(g)
identify the grounds established by the technical recognition instrument that provide a basis for the Minister to agree to the provision of the documents mentioned in subregulation (2).

(4) The Minister:

(a)
must consider the request as soon as practicable after receiving it; and

(b) must:

(i)
grant permission to provide the documents mentioned in subregulation (2) instead of the documents mentioned in sub-subparagraph 2.06 (4) (g) (ii) (A); or
(ii)
refuse to grant permission; and
(c)
may specify in a permission any other documents relating to the launch vehicle or kind of launch vehicle, or the particular part of the launch vehicle or kind of launch vehicle, that the Minister requires the person to provide; and

(d)
must tell the person of the Minister's decision as soon as practicable after making it.

(5)
For paragraph (4) (c), the Minister may specify a document mentioned in regulation 2.15.

(6) If the Minister grants permission to a person under subregulation (4), the person must, when applying for the grant of a space licence:

(a)
provide the documents identified in the permission, including any documents specified under paragraph (4) (c); and


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(b) include with the documents a statement that:

(i)
identifies the technical recognition instrument that exists in relation to the launch vehicle or kind of launch vehicle, or the particular part of the launch vehicle or kind of launch vehicle; and
(ii)
refers to the Minister's permission.

SPACE ACTIVITIES REGULATIONS 2001
Division 2.6 Applications for transfer of space licences

SPACE ACTIVITIES REGULATIONS 2001
- REG 2.07 Applications for transfer of space licences (Act s 23)

An application for a transfer of a space licence must be made in the way set out in this Division.

SPACE ACTIVITIES REGULATIONS 2001
- REG 2.08 Form of application

(1) The application:

(a)
must be in writing; and

(b)
must state the reference number of the relevant space licence; and

(c)
must state:

(i)
the proposed transferee's name, registered address and ACN; and
(ii)
the names and addresses of the persons responsible for the management and control of the proposed transferee; and
(iii)
the proposed transferee's ABN (if any); and
(ca)
must include evidence that the proposed transferee is a corporation; and

Note   Under section 22 and paragraph 18 (aa) of the Act, a space licence can be transferred only to a person that is a corporation to which paragraph 51 (xx) of the Constitution applies.

(d)
must state when the proposed transferee proposes to commence operating and, if construction of the relevant launch facility has not yet commenced, constructing the launch facility; and

(e)
if the proposed transferee proposes to conduct a test flight or flights of a relevant launch vehicle at the launch facility, must state the date of the proposed flight or flights; and

(f) must give:

(i)
the name of an individual within the proposed transferee's organisation who is able to deal with all matters in relation to the application; and
(ii)
the telephone number at which the individual may be contacted at all times, the telephone number (if any) to which a facsimile message for the individual may be transmitted and the individual's e-mail address (if any); and
(g)
must be signed by the proposed transferor and proposed transferee; and

(h)
must be accompanied by the documents mentioned in subregulation (4); and

(i)
for a proposed transferee that is not an approved scientific or educational organisation — must be accompanied by the documents mentioned in subregulation (4A); and

(j)
for a proposed transferee that is an approved scientific or educational organisation — must be accompanied by the documents mentioned in subregulation (4B).

(2)
The application, and any documents required to accompany the application under this regulation, must be lodged with the Department.

(3)
If a document is not in English, the document must have with it a translation of it into English and a related certificate of verification by an accredited translator.


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(4) For paragraph (1) (h), the documents are:

(a)
documents, in accordance with paragraphs 2.10 (1) (a) to (d), relating to the proposed transferee's organisational structure and financial standing; and

(b)
a document setting out the details mentioned in paragraph 2.10 (1) (e) for each person who would, if the space licence were transferred to the proposed transferee, have duties or functions connected with the operation of the relevant launch facility or relevant launch vehicles using the launch facility; and

(c) if the construction of the launch facility has not commenced or is not completed or the proposed transferee proposes to modify the launch facility:
(i) if a technical recognition instrument exists in relation to the launch facility:

(A)
a copy of the design and engineering plans and specifications for all parts of the facility; or
(B)
if the Minister grants permission under subregulation 2.08A (4) — the documents and statement mentioned in subregulation 2.08A (5); or
(ii)
if a technical recognition instrument does not exist in relation to the facility — a copy of the design and engineering plans and specifications for all parts of the facility; and
(d)
evidence of any necessary approval (however described) that the proposed transferee is required to have by or under a law of the Commonwealth or of a State or Territory for the arrangements and procedures set out in the emergency plan, from the ambulance, fire, police and other emergency services operating in the State or Territory where the launch facility is, or is proposed to be, located; and

(e)
evidence to show that all necessary environmental approvals that the proposed transferee is required to have by or under a law of the Commonwealth or of a State or Territory have been obtained for the construction and operation of the launch facility (including, if a particular environmental approval is not necessary, evidence to that effect); and

(f)
a copy of an outstanding acquittals plan, in accordance with regulation 2.16.

(4A) For paragraph (1) (i), the documents are:

(a)
a copy of the program management plan, in accordance with regulation 2.11, under which the proposed transferee proposes to operate the launch facility and launch vehicles and do any construction associated with the launch facility; and

(b)
if subregulation (7) applies to the proposed transferee, a copy of the flight test plan, in accordance with regulation 2.12, that the proposed transferee proposes to use in relation to any test flight of a launch vehicle, or launch vehicle of a kind, mentioned in that subregulation that is proposed to be conducted at the launch facility; and

(c)
a copy of the technology security plan, in accordance with regulation 2.13, that the proposed transferee proposes to use in operating the launch facility and the relevant launch vehicles; and

(d)
a copy of the emergency plan, in accordance with regulation 2.14, that the proposed transferee proposes to use in relation to an accident, incident, or any other emergency mentioned in that regulation; and

(e)
a copy of the risk hazard analysis methodology, in accordance with regulation 2.16A, that the proposed transferee proposes to use for each launch and any connected return; and

(f) a document containing the information mentioned in regulation 2.16B for each flight path proposed to be covered by the space licence; and
(g) if no other law of the Commonwealth or of a State or Territory requires the proposed transferee to have an environmental plan approved for the construction and operation of the launch facility:

(i)
a copy of an environmental plan containing the arrangements and procedures mentioned in regulation 2.17; and
(ii)
a written assessment, by an independent person having suitable qualifications and experience, of the adequacy of the arrangements and procedures set out in the plan.

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(4B) For paragraph (1) (j), the documents are:

(a)
a copy of the declaration under section 8A of the Act in relation to the proposed transferee; and

(b)
a document setting out evidence of the purpose of each activity proposed to be undertaken by the proposed transferee; and

(c)
a copy of the program management plan under which the proposed transferee proposes to operate the launch facility and launch vehicles and do any construction associated with the launch facility; and

(d)
if subregulation (7) applies to the proposed transferee, a copy of the flight test plan that the proposed transferee proposes to use in relation to any test flight of a launch vehicle, or launch vehicle of a kind, mentioned in that subregulation that is proposed to be conducted at the launch facility; and

(e)
a copy of the technology security plan that the proposed transferee proposes to use in operating the launch facility and the relevant launch vehicles; and

(f)
a copy of the emergency plan that the proposed transferee proposes to use in relation to an accident, incident, or any other emergency; and

(g)
a copy of the risk hazard analysis methodology that the proposed transferee proposes to use for each launch and any connected return; and

(h)
a description of each flight path proposed to be covered by the space licence; and

(i)
if no other law of the Commonwealth or of a State or Territory requires the proposed transferee to have an environmental plan approved for the construction and operation of the launch facility — a copy of an environmental plan containing the arrangements and procedures approved by the Minister.

(5)
The flight test plan may be included as part of the proposed transferee's program management plan or may be a separate document.

(6)
However, the application need not be accompanied by the program management plan, the flight test plan (if applicable), the technology security plan, the emergency plan, the outstanding acquittals plan or, if applicable, the environmental plan and accompanying assessment if:

(a)
the plan that the proposed transferee proposes to use, or under which the proposed transferee proposes to operate, is the same as the plan that the proposed transferor uses, or under which the proposed transferor operates, in complying with these Regulations; and

(b)
the proposed transferee includes a written statement to that effect in the application.

(7) This subregulation applies to the proposed transferee if:

(a)
the kind of launch vehicle covered by the space licence is a new kind and no launch vehicles of that kind have been flight tested; or

(b)
a relevant launch vehicle that the proposed transferee intends to use at the launch facility has had a major modification made to it.

(8) For subregulation (7), a launch vehicle or a kind of launch vehicle has had a major modification made to it if:

(a)
a change has been made to the design of the kind of launch vehicle that involves any change to the type of engine, navigation system, flight control system or flight termination system specified in the design, or involves the use of strap-on boosters; or

(b)
it is modified in any other way that might affect, to a significant extent, any characteristic affecting its operation or performance.

SPACE ACTIVITIES REGULATIONS 2001
- REG 2.08A Alternative documents for subparagraph 2.08 (4) (c) (i)

(1)
This regulation applies if a technical recognition instrument exists in relation to a launch facility that is relevant to an application for a transfer of a space licence (whether or not the instrument covers all of the facility).

(2) A person who intends to apply for the transfer of a space licence may ask the Minister for permission to provide with the application:


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(a)
copies of all documents in relation to the facility, as specified in the technical recognition instrument; and

(b)
if the technical recognition instrument covers only part of the facility — a copy of the design and engineering plans and specifications for all parts of the facility not covered by the technical recognition instrument; and

(c)
any other documents relating to the launch facility that the person proposes to provide;

instead of the documents mentioned in sub-subparagraph 2.08 (4) (c) (i) (A).

(3) A request under subregulation (2) must:

(a)
be in writing; and

(b)
state the person's name and address; and

(c)
identify the launch facility; and

(d)
state the name of the technical recognition instrument that exists in relation to the launch facility; and

(e) state the reasons why the person:

(i)
is not able to provide the documents mentioned in sub-subparagraph 2.08 (4) (c) (i) (A); or
(ii)
should not be required to provide those documents; and
(f)
identify any documents mentioned in paragraph (2) (c); and

(g)
identify the grounds established by the technical recognition instrument that provide a basis for the Minister to agree to the provision of the documents mentioned in subregulation (2).

(4) The Minister:

(a)
must consider the request as soon as practicable after receiving it; and

(b) must:

(i)
grant permission to provide the documents mentioned in subregulation (2) instead of the documents mentioned in sub-subparagraph 2.08 (4) (c) (i) (A); or
(ii)
refuse to grant permission; and
(c)
may specify in a permission any other documents relating to the launch facility that the Minister requires the person to provide; and

(d)
must tell the person of the Minister's decision as soon as practicable after making it.

(5) If the Minister grants permission to a person under subregulation (4), the person must, when applying for the transfer of a space licence:

(a)
provide the documents identified in the permission, including any documents specified under paragraph (4) (c); and

(b) include with the documents a statement that:

(i)
identifies the technical recognition instrument that exists in relation to the launch facility; and
(ii)
refers to the Minister's permission.

SPACE ACTIVITIES REGULATIONS 2001
Division 2.7 Documents relevant to certain conditions and applications under this Part

SPACE ACTIVITIES REGULATIONS 2001
- REG 2.09 Definitions for this Division

In this Division:

applicant, in relation to an application for the transfer of a space licence, means the proposed transferee.
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SPACE ACTIVITIES REGULATIONS 2001
- REG 2.10 Applicant's organisational structure and financial standing

(1) For paragraphs 2.06 (4) (a) and (b) or paragraphs 2.08 (4) (a) and (b), the documents must consist of:
(a) a written description of the applicant's organisational structure, including:

(i)
the chain of command within the structure; and
(ii)
duties and responsibilities of each position in the chain of command; and
(b)
evidence of the applicant's financial standing and financial ability to construct and operate the relevant launch facility, together with an auditor's report verifying the applicant's financial viability; and

(c)
a written description of the applicant's system for financial management, including the methods that the applicant uses to ensure sound financial management; and

(d)
a written assessment, by an independent person having suitable qualifications and experience, of the soundness and adequacy of the applicant's system for financial management; and

(e)
for each individual referred to in subregulation (2), a statement setting out the individual's name, qualifications, experience, and usual place of residence (or each of them, if more than one), and employment history, for the 10 years immediately preceding the date of the application.

(2) For paragraph (1) (e), the following are the individuals:

(a)
if the applicant is incorporated by or under a law of the Commonwealth or of a State or Territory, each director of the applicant;

(b)
the person holding, or performing the duties of, the position of chief executive officer (however described) within the applicant's organisation;

(c) a manager within the structure who, subject to any direction by a person mentioned in paragraph (b), would, if the space licence were granted or transferred to the applicant, have authority to direct:

(i)
the operation, or any part of the operation, of the relevant launch facility; or
(ii)
the operation, or any part of the operation, of a relevant launch vehicle using the launch facility;

(d) a person (whether or not employed by the applicant) whose functions or duties would, if the space licence were granted or transferred to the applicant, include responsibility for:

(i)
the operation, maintenance, or both, of the ground system of the launch facility; or
(ii)
the quality assurance of the launch vehicles and their payloads;
(e)
a person (whether or not employed by the applicant) whose functions or duties include anything directly connected with preparing, or would, if the space licence were granted or transferred to the applicant, include anything directly connected with implementing or monitoring, the technology security plan referred to in regulation 2.13.

SPACE ACTIVITIES REGULATIONS 2001
- REG 2.11 Program management plan for launch facility and launch vehicles

For paragraphs 2.04C (1) (a), 2.06 (4B) (a) and 2.08 (4A) (a), a program management plan must include at least the following:

(a)
a description of the holder's or applicant's strategies for operating the relevant launch facility and relevant launch vehicles using the launch facility;

(b)
a description of the holder's or applicant's practices and procedures to control the operation of the launch facility and the launch vehicles and a description of the arrangements for reporting on their operation;

(c)
a description of the quality assurance plan or plans covering the operation of the launch facility and the launch vehicles and, if the launch facility is not yet constructed, the construction of the launch facility;

(d)
a description of the system for maintaining documents and records relating to the operation of the launch facility and the launch vehicles;


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(e) a description of the arrangements for the maintenance and servicing of the launch facility and the launch vehicles, including:

(i)
a description of the system for recording scheduled and unscheduled maintenance that is carried out on the launch facility and the launch vehicles; and
(ii)
the procedures for reporting on failures, malfunctions or defects in the launch facility and the launch vehicles;

(f) a description of how the holder or applicant conducts, or proposes to conduct, the launch activities:

(i)
so as to reduce risks to third parties to a level that is as low as is reasonably practicable; and
(ii)
so as to satisfy the launch safety standards set out in the Flight Safety Code;
(g)
a description of any additional arrangements of the holder or applicant to enhance the safety of the launch activities.

SPACE ACTIVITIES REGULATIONS 2001
- REG 2.12 Flight test plan for conducting test flights

For paragraphs 2.04C (1) (b), 2.06 (4B) (b) and 2.08 (4A) (b), a flight test plan for conducting a test flight:

(a)
must set out the purpose of the test flight; and

(b)
must show the configuration of the launch vehicle or vehicles to be tested; and

(c)
must give details of the flight tracking system for the launch vehicle or vehicles; and

(d)
must set out the procedures for the launch or launches; and

(e)
must set out the procedures for terminating the test flight; and

(f)
must make provision for recording the results of the test flight; and

(g)
must set out the arrangements for reporting those results to the Minister.

SPACE ACTIVITIES REGULATIONS 2001
- REG 2.13 Technology security plan for launch facility and launch vehicles

(1) For paragraphs 2.04C (1) (c), 2.06 (4B) (c) and 2.08 (4A) (c), a technology security plan:

(a)
must cover the arrangements and procedures to be followed by the holder or applicant for safeguarding the technology that is or will be used in operating the relevant launch facility and relevant launch vehicles using the launch facility; and

(b)
if there is in force an agreement (however described) between Australia and another country or countries that provides for the safeguarding of all or part of that technology, must be appropriate to ensure that Australia gives effect to its obligations under that agreement.

(2)
The procedures referred to in paragraph (1) (a) must include the procedures to be followed by the holder or applicant for preventing unauthorised people from having access to the technology.

SPACE ACTIVITIES REGULATIONS 2001
- REG 2.14 Emergency plan for launch facility and launch vehicles

For paragraphs 2.04C (1) (d), 2.06 (4B) (d) and 2.08 (4A) (d), an emergency plan must include at least the following:

(a)
a description of the actions to be taken by the persons who are responsible, or, if the space licence were granted or transferred to the applicant, would be responsible, for responding to an accident or incident involving a relevant launch vehicle that is launched, or attempted to be launched, from the relevant launch facility;


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(b) a description of the actions to be taken by the persons who are responsible, or, if the space licence were granted or transferred to the applicant, would be responsible, for responding to any other kind of emergency:

(i)
involving a relevant launch vehicle that is launched, or attempted to be launched, from the launch facility; or
(ii)
occurring at or near the launch facility that interrupts, or might interrupt, its operation or may endanger public health or public safety or cause substantial damage to property; or
(iii)
occurring on the site of the launch facility during its construction that may endanger public health or public safety or cause substantial damage to property;
(c)
a list of the authorities or persons that are to be notified by the holder or applicant in relation to the accident, incident or emergency;

(d)
a description of the arrangements for coordinating, with those authorities or persons, any action to be taken in relation to the accident, incident or emergency;

(e) the details of appropriate evacuation procedures for any kind of accident, incident or emergency:

(i)
involving a relevant launch vehicle that is launched, or attempted to be launched, from the relevant launch facility; or
(ii)
at or near the launch facility or on the site of the launch facility during its construction;
(f)
the details of exercises to test the plan, including a description of the arrangements for conducting the exercises annually and reporting to the Minister the results of those exercises;

(g)
a description of the arrangements for reviewing the effectiveness of responses in emergencies or exercises, including reporting to the Minister the results of any review;

(h)
a description of the procedures that, if an accident happens, are to be followed by the holder or applicant for locating the launch vehicle concerned or its wreckage and, in accordance with any necessary permission of the Minister or Investigator under the Act, for recovering and removing the launch vehicle or its wreckage;

(i)
a description of the arrangements for providing the equipment and facilities necessary for the purpose of responding to and dealing with the accident;

(j) a description of the arrangements to ensure that the holder or applicant meets the holder's or applicant's obligations under any Australian law:

(i)
in the event of an accident or incident or any other emergency of a kind referred to in this regulation; or
(ii)
in conducting exercises to test the plan and reporting in relation to those exercises.

SPACE ACTIVITIES REGULATIONS 2001
- REG 2.15 Documents relating to the kind of launch vehicles

For paragraph 2.06 (4) (g), the documents are as follows:

(a)
a statement setting out the name and address of the designer of the kind of launch vehicle;

(b) the technical specifications of the kind of launch vehicle, including the technical specifications of the following systems for launch vehicles of that kind:

(i)
the structural system;
(ii)
the propulsion system;
(iii)
the fuel system;
(iv)
the electrical system, including the power supply and power distribution systems;
(v)
the electronic systems, including the guidance system, communications system, flight control system, computer system and data management system;
(vi)
the flight safety system;

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(c)
a statement setting out the name and address of the manufacturer, and country of manufacture, of the relevant launch vehicles;

(d)
a description of the manufacturer's quality assurance system and system for configuration management;

(e)
written information that shows whether the manufacturer has quality assurance certification that is accepted internationally or by a competent organisation in Australia;

(f)
written information that shows whether the launch vehicles have been manufactured in accordance with, and tested and inspected having regard to, the designer's specifications and any standards for such manufacture, testing and inspection accepted by the competent authority in the country of manufacture;

(g)
the name and address of the manufacturer of each system mentioned in paragraph (b);

(h)
a description of the development, qualification and acceptance programs (including a description of the results of the qualification and acceptance verification programs) for both the hardware and software of the systems mentioned in paragraph (b);

(i)
an outline of the verification plans for both the hardware and software of the systems mentioned in paragraph (b), including information about any qualification testing, functional testing, modelling and analyses that have been carried out in relation to those systems.

SPACE ACTIVITIES REGULATIONS 2001
- REG 2.16 Outstanding acquittals plan

(1) For paragraphs 2.06 (4) (h) and 2.08 (4) (f), an outstanding acquittals plan:

(a)
must list all activities in relation to the construction and operation of the launch facility and operation of the launch vehicles for which an approval or other authorisation of any kind is required by or under any other Australian law; and

(b)
must, for each activity listed under paragraph (a), describe the arrangements for obtaining the approval or authorisation or each approval or authorisation, including the time frame within which the approval or authorisation must be obtained; and

(c) must contain a schedule containing the details mentioned in subregulation (3) in relation to each particular matter:

(i)
that is referred to in a plan mentioned in subregulation (2); and
(ii)
that is to be verified, validated or acquitted in a way referred to or described in that plan.

(2) For paragraph (1) (c), the plans are:

(a)
for an applicant for a space licence that is not an approved scientific or educational organisation — that is referred to in a plan mentioned in paragraph 2.04C (1) (a) or (c) or,

if applicable, paragraph 2.04C (1) (b) or subparagraph 2.04C (1) (g) (ii); and

(b)
for an applicant for a space licence that is not an approved scientific or educational organisation — that is referred to in a plan mentioned in paragraph 2.04D (1) (b) or (d) or, if applicable, paragraph 2.04D (1) (c) or subparagraph 2.04C (1) (h) (ii).

(3) For paragraph (1) (c), the details are:

(a)
the matter to be verified, validated or acquitted; and

(b)
the arrangements for obtaining the verification, validation or acquittal, including the time frame within which it must be obtained.

SPACE ACTIVITIES REGULATIONS 2001
- REG 2.16A Risk hazard analysis methodology

For paragraphs 2.04C (1) (e), 2.06 (4B) (e) and 2.08 (4A) (e), a risk hazard analysis methodology must include the following documents:
(a) a document that:

(i)
describes the proposed methodology; and
(ii)
is in a form that can conveniently be assessed against the Risk Hazard Analysis Methodology in the Flight Safety Code; and
(iii)
sets out each difference (if any) between the proposed risk hazard analysis methodology and the Risk Hazard Analysis Methodology in the Flight Safety Code, together with the reasons for each difference; and
(iv)
applies the launch vehicle probability of failure model set out in the Risk Hazard Analysis Methodology in the Flight Safety Code; and
(v)
demonstrates that the proposed risk hazard analysis methodology is technically sound, having regard to the Risk Hazard Analysis Methodology in the Flight Safety Code; and
(vi)
gives an example of the application of the proposed risk hazard analysis methodology to a launch activity for each proposed flight path;

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(b) a description of any software that the applicant proposes to use to implement the risk hazard analysis methodology including:

(i)
a description of the way the software will operate to implement the risk hazard analysis methodology; and
(ii)
a description of the quality management plan covering the development, implementation, validation and operation of the software; and
(iii)
a description of the system for maintaining documents, data and records relating to the operation of the software.

SPACE ACTIVITIES REGULATIONS 2001
- REG 2.16B Documents relating to flight paths

For paragraphs 2.04C (1) (f), 2.06 (4B) (f) and 2.08 (4A) (f), the information is:

(a)
a description of the flight path; and

(b)
a description of the purpose of the flight path; and

(c)
the configuration of each launch vehicle that will be used on the flight path; and

(d) the name and location of each significant property asset that may be affected by an accident involving the operation of the launch vehicle on the flight path; and

(e)
the name and location of each significant area of population that may be affected by an accident involving the operation of the launch vehicle on the flight path; and

(f) a description of how the licence holder or applicant proposes to ensure that the operation of the launch vehicle on the flight path will:

(i)
achieve a level of risk that is as low as is reasonably practicable having regard to the intended purpose of the flight, the launch facility and the kind of launch vehicle to be used; and
(ii)
comply with the launch safety standards set out in the Flight Safety Code; and
(g)
a description of each additional arrangement (if any) to be undertaken by the holder or applicant to increase the safety of the launch activities associated with the flight path.

SPACE ACTIVITIES REGULATIONS 2001
Division 2.8 Miscellaneous

SPACE ACTIVITIES REGULATIONS 2001
- REG 2.17 Arrangements and procedures for environmental plan for launch facility

For subparagraphs 2.04C (1) (g) (ii), 2.06 (4B) (g) (i) and 2.08 (4A) (g) (i), the arrangements and procedures are:
(a) the holder's, applicant's or proposed transferee's arrangements:

(i)
for monitoring and mitigating any adverse effects of the operation of the launch facility, and any construction associated with it, on the environment; and
(ii)
for implementing the environmental plan; and

(b) the procedures to be followed by the holder, applicant or proposed transferee:

(i)
for reporting on the implementation of the plan; and
(ii)
for reviewing the plan; and
(iii) for ensuring that the launch facility is operated, and any construction associated with it is done, in accordance with any applicable requirements under Australian law for the protection of the environment.


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SPACE ACTIVITIES REGULATIONS 2001
Part 3 Launch permits

SPACE ACTIVITIES REGULATIONS 2001
Division 3.1 Criteria for launch permits

SPACE ACTIVITIES REGULATIONS 2001
- REG 3.01 Criteria for launch permits

(1)
For paragraph 26 (3) (h) of the Act, the criterion set out in subregulation (2) is prescribed.

(2)
The person has an adequate environmental plan for conducting the launch or launches, and any connected return.

SPACE ACTIVITIES REGULATIONS 2001
Division 3.2 Launch permit conditions

SPACE ACTIVITIES REGULATIONS 2001
- REG 3.02 Standard launch permit conditions

For paragraph 28 (1) (b) of the Act, the conditions are:

(a)
for each launch permit holder — the conditions mentioned in regulation 3.02A; and

(b)
for a launch permit holder that is not an approved scientific or educational organisation — the additional conditions mentioned in regulation 3.02B; and

(c)
for a launch permit holder that is an approved scientific or educational organisation — the additional conditions mentioned in regulation 3.02C.

Note 1   The holder of a launch permit must not contravene a condition of the launch permit — see subsection 30 (1) of the Act. If a person contravenes subsection 30 (1) of the Act, the person may be subject to a civil penalty — see Part 6 of the Act.
Note 2   If the holder of a launch permit contravenes a standard launch permit condition, the holder may also be subject to a criminal or civil penalty — see subsections 30 (2) and (3) and Part 6 of the Act.
Note 3   The Minister may also suspend a launch permit if the holder of the permit contravenes a condition of the permit — see section 34 of the Act.

SPACE ACTIVITIES REGULATIONS 2001
- REG 3.02A Standard launch permit conditions — all launch permit holders

For paragraph 3.02 (a), the conditions are:
(a) if the launch permit holder is given a direction under paragraph 52 (2) (c) of the Act, the holder:

(i)
must record the action taken by the launch permit holder in response to the direction; and
(ii)
must, within 5 working days after the direction is given to the launch permit holder, give to the Minister a copy of the record and the direction; and
(iii)
must keep the direction and record for 7 years after the day when the direction was given; and

(b) if the launch permit holder is given a copy of a record and a copy of the direction to which the record relates under paragraph 8.03 (2) (b), the launch permit holder:

(i)
must, within 5 working days after the copy of the record and the direction are given to the launch permit holder, give to the Minister a copy of the record and the direction; and
(ii)
must keep a copy of the record and direction for 7 years after the day when the direction was given; and
(c)
the launch permit holder may conduct each launch, and any connected return, only at the date and time specified for the launch and return in the launch permit; and

(d) the launch permit holder must, if the launch permit holder has not already done so under the Act or these Regulations, give to the Minister the

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following information and report as soon as practicable after the launch of a space object:

(i)
the information about the launch mentioned in subparagraph 1 (d) of Article IV of the Registration Convention;
(ii)
any information required by the Flight Safety Code to be given to the Minister;
(iii)
a report on the compliance of the launch with the launch safety standards and the assumptions and data used in the hazard analysis; and
(e)
the launch permit holder must comply with a notice under section 60 of the Act that is given to the launch permit holder.

SPACE ACTIVITIES REGULATIONS 2001
- REG 3.02B Additional standard launch permit conditions — permit holders that are not approved scientific or educational organisations

(1) For paragraph 3.02 (b), the additional conditions are:
(a) the launch permit holder must meet all the costs and expenses, up to a total of $3 000 000, of any investigation under Part 7 of the Act into the circumstances surrounding any accident or incident involving a space object launched or attempted to be launched, under the launch permit, that occurs during:

(i)
the liability period for the launch of the space object from the launch facility; or
(ii)
the liability period for the return of the space object to a place in Australia; and
(b)
the launch permit holder must ensure that a hazard analysis that complies with paragraph 3.04 (4A) (d) has been carried out for each launch from the launch facility and any connected return; and

(c) the launch permit holder must give to the Minister the following information and confirmations before the launch of a space object under the launch permit:

(i)
confirmation of the date and time of the launch and any connected return;
(ii)
any changes to any other information already given to the Minister about the launch and any connected return, including, in accordance with the flight safety plan mentioned in regulation 3.10, any changes to the assumptions and data used in the hazard analysis mentioned in paragraph (b);
(iii)
if the information includes any changes to the assumptions and data, written confirmation that the hazard analysis continues to meet the launch safety standards set out in the Flight Safety Code;
(iv)
confirmation of the trajectory of the space object; and

(d) the launch permit holder must ensure that the launch or launches and any connected return are conducted in accordance with:

(i)
a program management plan that is in accordance with regulation 3.08 and approved by the Minister; and
(ii)
a technology security plan that is in accordance with regulation 3.09 and approved by the Minister; and
(iii)
a flight safety plan that is in accordance with regulation 3.10 and approved by the Minister; and

(e) the launch permit holder must also ensure that each launch and any connected return under the launch permit is conducted in accordance with:

(i)
if another law of the Commonwealth or of a State or Territory requires the launch permit holder to have an environmental plan approved for the launch and any connected return — that plan; and
(ii)
in any other case — an environmental plan, containing the arrangements and procedures mentioned in regulation 3.12, that is approved by the Minister; and

(f) the launch permit holder must take all reasonably practicable steps to amend, as necessary:

(i)
the plans mentioned in paragraph (d); and
(ii)
whichever is applicable of the plans mentioned in paragraph (e);

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so that each plan is kept up-to-date; and

(g)
the launch permit holder must comply with a direction given to the launch permit holder under subregulation (2); and

(h)
the launch permit holder must ensure that a copy of each amendment of the program management plan, the technology security plan, the flight safety plan and, if applicable, the environmental plan mentioned in subparagraph (e) (ii), is given to the Minister.

(2)
For the purposes of performing functions or exercising powers under the Act, the Minister may give to the launch permit holder a written direction in relation to the revision of:

(a)
the program management plan; or

(b)
the technology security plan; or

(c)
the flight safety plan; or

(d)
if subparagraph (1) (e) (ii) applies to the launch permit holder — the environmental plan mentioned in that subparagraph.

SPACE ACTIVITIES REGULATIONS 2001
- REG 3.02C Additional standard launch permit conditions — permit holders that are approved scientific or educational organisations

(1) For paragraph 3.02 (c), the additional conditions are:
(a) the launch permit holder must meet all the costs and expenses, up to a total of $3 000 000 or a lower amount specified by the Minister, of any investigation under Part 7 of the Act into the circumstances surrounding any accident or incident involving a space object launched or attempted to be launched, under the launch permit, that occurs during:

(i)
the liability period for the launch of the space object from the launch facility; or
(ii)
the liability period for the return of the space object to a place in Australia; and
(b)
the launch permit holder must ensure that an activity undertaken under the launch permit is in accordance with the information about the activity given by the launch permit holder under regulation 1.04; and

(c)
the launch permit holder must ensure that a hazard analysis that complies with paragraph 3.04 (4B) (f) has been carried out for each launch from the launch facility and any connected return; and

(d) the launch permit holder must give to the Minister the following information and confirmations before the launch of a space object under the launch permit:

(i)
confirmation of the date and time of the launch and any connected return;
(ii)
any changes to any other information already given to the Minister about the launch and any connected return, including, in accordance with the flight safety plan, any changes to the assumptions and data used in the hazard analysis mentioned in paragraph (c);
(iii)
if the information includes any changes to the assumptions and data, written confirmation that the hazard analysis continues to meet the launch safety standards set out in the Flight Safety Code;
(iv)
confirmation of the trajectory of the space object; and

(e) the launch permit holder must ensure that the launch or launches and any connected return are conducted in accordance with:

(i)
a program management plan that is approved by the Minister; and
(ii)
a technology security plan that is approved by the Minister; and
(iii)
a flight safety plan that is approved by the Minister; and

(f) the launch permit holder must also ensure that each launch and any connected return under the launch permit is conducted in accordance with:

(i)
if another law of the Commonwealth or of a State or Territory requires the launch permit holder to have an environmental plan approved for the launch and any connected return — that plan; and
(ii)
in any other case — an environmental plan, containing the arrangements and procedures approved by the Minister; and

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(g) the launch permit holder must take all reasonably practicable steps to amend, as necessary:

(i)
the plans mentioned in paragraph (e); and
(ii)
whichever is applicable of the plans mentioned in paragraph (f);
so that each plan is kept up-to-date; and

(h)
the launch permit holder must comply with a direction given to the launch permit holder under subregulation (2); and

(i)
the launch permit holder must ensure that a copy of each amendment of the program management plan, the technology security plan, the flight safety plan and, if applicable, the environmental plan mentioned in subparagraph (f) (ii), is given to the Minister.

(2)
For the purposes of performing functions or exercising powers under the Act, the Minister may give to the launch permit holder a written direction in relation to the revision of:

(a)
the program management plan; or

(b)
the technology security plan; or

(c)
the flight safety plan; or

(d)
if subparagraph (1) (f) (ii) applies to the launch permit holder — the environmental plan mentioned in that subparagraph.

SPACE ACTIVITIES REGULATIONS 2001
Division 3.3 Applications for grant of launch permits

SPACE ACTIVITIES REGULATIONS 2001
- REG 3.03 Applications for grant of launch permits (Act s 32)

An application for the grant of a launch permit must be made in the way set out in this Division.

SPACE ACTIVITIES REGULATIONS 2001
- REG 3.04 Form of application

(1) The application:

(a)
must be in writing; and

(b) must state:

(i)
the applicant's name, registered address and ACN; and
(ii)
the names and addresses of the persons responsible for the management and control of the applicant; and
(iii)
the applicant's ABN (if any); and
(ba)
must include evidence that the applicant is a corporation; and

Note   Under paragraph 26 (3) (b) of the Act, a launch permit can be granted only to a person that is a corporation to which paragraph 51 (xx) of the Constitution applies.

(c)
must state the reference number of the applicant's space licence; and

(d) must specify the date and time of each launch and any connected return proposed to be conducted under the launch permit by stating:

(i)
a period during which it is proposed that each launch, and any connected return, will happen; or
(ii)
a period during which it is proposed that a series of launches, and any connected returns, will happen; or
(iii)
a particular date and time for each launch and connected return; and

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(e) must specify:

(i)
each payload to be carried, including the name of its owner, manufacturer and country of manufacture; and
(ii)
the purpose for which each payload is intended to be used; and

(f) for each payload to be carried:

(i)
must give details of the proposed orbit (if any) of the payload; and
(ii)
must include an inventory of the sensors and other information-gathering devices that are attached to the payload or powered by it; and
(g)
must give details of the nominated trajectory of each space object proposed to be launched; and

(h) must include:

(i)
the information referred to in subparagraphs 1 (a), (b) and (e) of Article IV of the Registration Convention; and
(ii)
the information referred to in subparagraphs 1 (c) and (d) of Article IV of the Registration Convention, so far as the applicant knows that information; and
(i)
if a particular space object is proposed to be returned to a particular place or area, must specify the place or area; and

(j) must give:

(i)
the name of an individual within the applicant's organisation who is able to deal with all matters in relation to the application; and
(ii)
the telephone number at which the individual may be contacted at all times, the telephone number (if any) to which a facsimile message for the individual may be transmitted and the individual's e-mail address (if any); and
(k)
must have with it any information required to demonstrate compliance with the Flight Safety Code, including compliance with standards applying to assets mentioned in the List of Designated and Protected Assets; and

(l)
must be accompanied by the documents mentioned in subregulation (4); and

(m)
for an applicant that is not an approved scientific or educational organisation — must be accompanied by the documents mentioned in subregulation (4A); and

(n)
for an applicant that is an approved scientific or educational organisation — must be accompanied by the documents mentioned in subregulation (4B).

(2)
The application, and any documents required to accompany the application under this regulation, must be lodged with the Department.

(3)
If a document is not in English, the document must have with it a translation of it into English and a related certificate of verification by an accredited translator.

(4) For paragraph (1) (l), the documents are:
(a) a statement that sets out the name, qualifications and technical experience of each person (whether or not employed by the applicant) whose functions or duties would, if the launch permit were granted to the applicant, include responsibility for any of the following in relation to a launch that is conducted under the launch permit:

(i)
if a payload is to be carried — the preparation of the payload and its integration with the launch vehicle on which it is to be carried;
(ii)
installing any software in the space object concerned and verifying that the software functions correctly;
(iii) verifying that the structural system, propulsion system, fuel system, electrical system and electronic system of the space object function correctly;
(iv)
the launch and any connected return;
(v)
safeguarding the technology used in relation to the launch and any connected return; and

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(b) in relation to a return of a space object that is proposed to be launched under the launch permit:

(i)
a statement of the procedures to be followed by the applicant for the recovery of the returned space object and for its removal from the place where it comes to rest; and
(ii)
a statement that sets out details of the ground track for re-entry and of altitudes, velocities, timings, staging events, and predicted errors in accuracy for re-entry and landing for the return; and
(c)
a statutory declaration by the person holding or performing the duties of the position of chief executive officer (however described) within the applicant's organisation verifying that 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; and

(d) in relation to the criterion set out in paragraph 26 (3) (d) of the Act:

(i)
a written statement indicating whether the applicant proposes to satisfy the insurance requirements under paragraph 47 (2) (a) of the Act or to show direct financial responsibility under paragraph 47 (2) (b) of the Act; and
(ii)
if the applicant proposes to satisfy the insurance requirements under paragraph 47 (2) (a) of the Act — an insurance compliance plan, in accordance with regulation 3.11; and
(e)
if a document specified in the Flight Safety Code is required by the Code to be lodged with an application for a launch permit, a copy of that document.

(4A) For paragraph (1) (m), the documents are:

(a)
a copy of the program management plan, in accordance with regulation 3.08, under which the applicant proposes to conduct the launch or launches, and any connected return; and

(b)
a copy of the technology security plan, in accordance with regulation 3.09, under which the applicant proposes to conduct the launch or launches, and any connected return; and

(c)
a flight safety plan, in accordance with regulation 3.10, under which the applicant proposes to conduct the launch or launches, and any connected return, together with written confirmation by an expert with suitable qualifications and experience who is not a related party and who is approved by the Minister that the launch or launches, and any connected return, if carried out in accordance with the plan, will satisfy the launch safety standards set out in the Flight Safety Code; and

(d) a hazard analysis of each proposed launch, and any connected return, that:

(i)
was carried out by a suitably qualified expert who is approved by the Minister; and
(ii)
was carried out in accordance with the risk hazard analysis methodology mentioned in paragraph 2.04C (1) (e); and
(iii)
meets the launch safety standards set out in the Flight Safety Code; and

Note   The expert may be an employee of the applicant.

(e) if no other law of the Commonwealth or of a State or Territory requires the applicant to have an environmental plan approved for the launch or launches, and any connected return:

(i)
a copy of an environmental plan, containing the arrangements and procedures mentioned in regulation 3.12, under which the applicant proposes to conduct the launch or launches, and any connected return; and
(ii)
a written assessment, by an independent person having suitable qualifications and experience, of the adequacy of the arrangements and procedures set out in the plan.

(4B) For paragraph (1) (n), the documents are:

(a)
a copy of the declaration under section 8A of the Act in relation to the applicant; and

(b)
a document setting out evidence of the purpose of each activity proposed to be undertaken by the applicant; and

(c)
a copy of the program management plan under which the applicant proposes to conduct the launch or launches, and any connected return; and

(d)
a copy of the technology security plan under which the applicant proposes to conduct the launch or launches, and any connected return; and

(e)
a flight safety plan under which the applicant proposes to conduct the launch or launches, and any connected return, together with written confirmation by an expert with suitable qualifications and experience who is not a related party and who is approved by the Minister that the launch or launches, and any connected return, if carried out in accordance with the plan, will satisfy the launch safety standards set out in the Flight Safety Code; and


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(f) a hazard analysis of each proposed launch, and any connected return, that:

(i)
was carried out by a suitably qualified expert who is approved by the Minister; and
(ii)
was carried out in accordance with the risk hazard analysis methodology mentioned in paragraph 2.04D (1) (f); and
(iii)
meets the launch safety standards set out in the Flight Safety Code; and

Note   The expert may be an employee of the applicant.

(g) if no other law of the Commonwealth or of a State or Territory requires the applicant to have an environmental plan approved for the launch or launches, and any connected return — a copy of an environmental plan, containing the arrangements and procedures that are approved by the Minister, under which the applicant proposes to conduct the launch or launches, and any connected return.

SPACE ACTIVITIES REGULATIONS 2001
Division 3.4 Applications for transfer of launch permits

SPACE ACTIVITIES REGULATIONS 2001
- REG 3.05 Applications for transfer of launch permits (Act s 32)

An application for a transfer of a launch permit must be made in the way set out in this Division.

SPACE ACTIVITIES REGULATIONS 2001
- REG 3.06 Form of application

(1) The application:

(a)
must be in writing; and

(b)
must state the reference number of the proposed transferor's launch permit and the reference number of the proposed transferee's space licence (if any); and

(c) must state:

(i)
the proposed transferee's name, registered address and ACN; and
(ii)
the names and addresses of the persons responsible for the management and control of the proposed transferee; and
(iii)
the proposed transferee's ABN (if any); and
(ca)
must include evidence that the proposed transferee is a corporation; and

Note   Under section 31 and paragraph 26 (3) (b) of the Act, a launch permit can be transferred only to a person that is a corporation to which paragraph 51 (xx) of the Constitution applies.

(d)
must specify the date and time of the launch or launches, and any connected return, proposed to be conducted under the launch permit; and

(e) must specify:

(i)
each payload to be carried, including the name of its owner, manufacturer and country of manufacture; and
(ii)
the purpose for which each payload is intended to be used; and

(f) for each payload to be carried:

(i)
must give details of the proposed orbit (if any) of the payload; and
(ii)
must include an inventory of the sensors and other information-gathering devices that are attached to the payload or powered by it; and
(g)
must give details of the nominated trajectory of each space object proposed to be launched; and


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(h) must include:

(i)
the information referred to in subparagraphs 1 (a), (b) and (e) of Article IV of the Registration Convention; and
(ii)
the information referred to in subparagraphs 1 (c) and (d) of Article IV of the Registration Convention, so far as the transferee knows that information; and
(i)
if a particular space object is proposed to be returned to a particular place or area, must specify the place or area; and

(j)
must have with it any information required to demonstrate compliance with the Flight Safety Code, including compliance with standards applying to assets mentioned in the List of Designated and Protected Assets; and

(k) must give:

(i)
the name of an individual within the proposed transferee's organisation who is able to deal with all matters in relation to the application; and
(ii)
the telephone number at which the individual may be contacted at all times, the telephone number (if any) to which a facsimile message for the individual may be transmitted and the individual's e-mail address (if any); and
(l)
must be signed by the proposed transferor and proposed transferee; and

(m)
must be accompanied by the documents mentioned in subregulation (4); and

(n)
for a proposed transferee that is not an approved scientific or educational organisation — must be accompanied by the documents mentioned in subregulation (4A); and

(o)
for a proposed transferee that is an approved scientific or educational organisation — must be accompanied by the documents mentioned in subregulation (4B).

(2)
The application, and any documents required to accompany the application under this regulation, must be lodged with the Department.

(3)
If a document is not in English, the document must have with it a translation of it into English and a related certificate of verification by an accredited translator.

(4) For paragraph (1) (m), the documents are:
(a) a statement that sets out the name, qualifications and technical experience of each person (whether or not employed by the proposed transferee) whose functions or duties would, if the permit were transferred to the proposed transferee, include responsibility for any of the following in relation to a launch that is conducted under the launch permit:

(i)
if a payload is to be carried — the preparation of the payload and its integration with the launch vehicle on which it is to be carried;
(ii)
installing any software in the space object concerned and verifying that the software functions correctly;
(iii) verifying that the structural system, propulsion system, fuel system, electrical system and electronic system of the space object function correctly;
(iv)
the launch and any connected return;
(v)
safeguarding the technology used in relation to the launch and any connected return; and
(b)
a statutory declaration by the person holding or performing the duties of the position of chief executive officer (however described) in the proposed transferee's organisation verifying that 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; and

(c) in relation to the criterion in paragraph 26 (3) (d) of the Act:

(i)
a written statement indicating whether the proposed transferee proposes to satisfy the insurance requirements under paragraph 47 (2) (a) of the Act or to show direct financial responsibility under paragraph 47 (2) (b) of the Act; and
(ii)
if the proposed transferee proposes to satisfy the insurance requirements under paragraph 47 (2) (a) of the Act, an insurance compliance plan, in accordance with regulation 3.11.

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(4A) For paragraph (1) (n), the documents are:

(a)
a copy of the program management plan, in accordance with regulation 3.08, under which the proposed transferee proposes to conduct the launch or launches, and any connected return; and

(b)
a copy of the technology security plan, in accordance with regulation 3.09, under which the proposed transferee proposes to conduct the launch or launches, and any connected return; and

(c)
a flight safety plan, in accordance with regulation 3.10, under which the proposed transferee proposes to conduct the launch or launches and any connected return, together with written confirmation by a suitably qualified expert who is not a related party and who is approved by the Minister that the launch or launches and any connected return, if carried out in accordance with the plan, will satisfy the launch safety standards set out in the Flight Safety Code; and

(d) a hazard analysis of each proposed launch, and any connected return, that:

(i)
was carried out by a suitably qualified expert who has been approved by the Minister; and
(ii)
was carried out in accordance with the risk hazard analysis methodology mentioned in paragraph 2.04C (1) (e); and
(iii)
meets the launch safety standards set out in the Flight Safety Code; and

Note   The expert may be an employee of the proposed transferee.

(e) if no other law of the Commonwealth or of a State or Territory requires the proposed transferee to have an environmental plan approved for the launch or launches, and any connected return:

(i)
a copy of an environmental plan, containing the arrangements and procedures mentioned in regulation 3.12, under which the proposed transferee proposes to conduct the launch or launches, and any connected return; and
(ii)
a written assessment, by an independent person having suitable qualifications and experience, of the adequacy of the arrangements and procedures set out in the plan.

(4B) For paragraph (1) (o), the documents are:

(a)
a copy of the declaration under section 8A of the Act in relation to the proposed transferee; and

(b)
a document setting out evidence of the purpose of each activity proposed to be undertaken by the proposed transferee; and

(c)
a copy of the program management plan under which the proposed transferee proposes to conduct the launch or launches, and any connected return; and

(d)
a copy of the technology security plan under which the proposed transferee proposes to conduct the launch or launches, and any connected return; and

(e)
a flight safety plan under which the proposed transferee proposes to conduct the launch or launches and any connected return, together with written confirmation by a suitably qualified expert who is not a related party and who is approved by the Minister that the launch or launches and any connected return, if carried out in accordance with the plan, will satisfy the launch safety standards set out in the Flight Safety Code; and

(f) a hazard analysis of each proposed launch, and any connected return, that:

(i)
was carried out, by a suitably qualified expert who has been approved by the Minister; and
(ii)
was carried out in accordance with the risk hazard analysis methodology mentioned in paragraph 2.04D (1) (f); and
(iii)
meets the launch safety standards set out in the Flight Safety Code; and

Note   The expert may be an employee of the proposed transferee.

(g) if no other law of the Commonwealth or of a State or Territory requires the proposed transferee to have an environmental plan approved for the launch or launches, and any connected return — a copy of an environmental plan, containing the arrangements and procedures approved by the Minister, under which the proposed transferee proposes to conduct the launch or launches, and any connected return.
(5) However, the application need not:
(a) include the information referred to in paragraph (1) (d), (e), (f), (g), (h) or (i) if:


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(i)
the information is the same as the information that the proposed transferor has most recently given to the Minister; and
(ii)
the proposed transferee includes a written statement to that effect in the application; or

(b) be accompanied by the program management plan, the technology security plan or, if applicable, the environmental plan and accompanying assessment if:

(i)
the plan that the proposed transferee proposes to use, or under which the proposed transferee proposes to operate, is the same as the plan that the proposed transferor uses, or under which the proposed transferor operates, in complying with these Regulations; and
(ii)
the proposed transferee includes a written statement to that effect in the application; or
(c)
be accompanied by the flight safety plan, the insurance compliance plan (if applicable) or the hazard analysis and accompanying confirmation or confirmations if there is no change to any payload to be carried on any launch vehicle to be launched under the launch permit.

SPACE ACTIVITIES REGULATIONS 2001
Division 3.5 Documents relevant to certain conditions and applications under this Part

SPACE ACTIVITIES REGULATIONS 2001
- REG 3.07 Definitions for this Division

In this Division:

applicant, in relation to an application for the transfer of a launch permit, means the proposed transferee.

SPACE ACTIVITIES REGULATIONS 2001
- REG 3.08 Program management plan for launches

For subparagraph 3.02B (1) (d) (i) and paragraphs 3.04 (4A) (a) and 3.06 (4A) (a), a program management plan must include at least the following:
(a) a description of the holder's or applicant's procedures for conducting the launch or launches, and any connected return, including:

(i)
the arrangements to ensure the safety of ground operations; and
(ii)
the flight safety arrangements for the launch or each launch, covering the period beginning when an engine of the launch vehicle concerned is started and ending when all its engines stop operating; and
(iii)
for the launch or each launch, any changes to the mission flight arrangements, the procedures to confirm that the launch vehicle concerned is ready for assembly, the procedures for its assembly, the procedures for launch countdown, and the procedures to recover from any abnormal event concerning the launch;
(b)
a description of the holder's or applicant's arrangements for reporting on a launch;

(c) a description of the holder's or applicant's arrangements:

(i)
to ensure that the holder's or applicant's personnel who have, or would have, duties or functions in connection with the launch or launches and any connected return are properly prepared for the launch or launches or return and are aware of the person's duties and functions on the day of a launch or return; and
(ii)
for responding to any problems encountered in carrying out the launch or launches and any connected return and for taking actions to resolve those problems;
(d)
a statement identifying all hazardous ground operations associated with the launch or launches and a description of the holder's or applicant's procedures to manage those operations;

(e)
the details of the holder's or applicant's communications arrangements for the launch or launches and any connected return, including launch area communications, communications from drop zones to launch area, telemetry communications (including the details of the radio frequencies to be used) and emergency communications;

(f)
the details of any change to each payload to be carried and the effect of the change on the performance and stability of the launch vehicle concerned.


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SPACE ACTIVITIES REGULATIONS 2001
- REG 3.09 Technology security plan for launches

(1) For subparagraph 3.02B (1) (d) (ii) and paragraphs 3.04 (4A) (b) and 3.06 (4A) (b), a technology security plan:

(a)
must cover the arrangements and procedures to be followed by the holder or applicant for safeguarding the technology that is, or will be, used in conducting the launch or launches and any connected return (including the technology used for, or in connection with, integrating a payload with the launch vehicle that is to carry the payload and moving the resultant space object onto the launch pad for launching); and

(b)
if there is in force an agreement (however described) between Australia and another country or countries that provides for the safeguarding of all or part of that technology, must be appropriate to ensure that Australia gives effect to its obligations under that agreement.

(2)
The procedures referred to in paragraph (1) (a) must include the procedures to be followed by the holder or applicant for preventing unauthorised people from having access to the technology.

SPACE ACTIVITIES REGULATIONS 2001
- REG 3.10 Flight safety plan for launches

For subparagraph 3.02B (1) (d) (iii) and paragraphs 3.04 (4A) (c) and 3.06 (4A) (c), a flight safety plan must set out:

(a)
the strategies used, or to be used, by the holder or applicant to ensure that the launch or launches and any connected return will be conducted in accordance with the launch safety standards set out in the Flight Safety Code; and

(b)
the arrangements to be followed by the holder or applicant to ensure compliance with the launch safety standards; and

(c)
the assumptions and data used in the hazard analysis referred to in paragraph 3.04 (4) (c) or 3.06 (4) (c) for the launch or launches and any connected return; and

(d)
the arrangements to be followed by the holder or applicant for reporting to the Minister any changes to the assumptions and data and any changes in the arrangements for carrying out the launch or launches and any connected return; and

(e)
the arrangements to be followed by the holder or applicant for reporting, after the launch or launches and any connected return have been carried out, on the compliance of the launch or launches and any connected return with the launch safety standards set out in the Flight Safety Code and the assumptions and data.

SPACE ACTIVITIES REGULATIONS 2001
- REG 3.11 Insurance Compliance Plan

For subparagraphs 3.04 (4) (d) (ii) and 3.06 (4) (c) (ii), an insurance compliance plan must include at least the following:

(a)
a statement setting out the name and address of the insurer or proposed insurer of the launch or launches and any connected return;

(b) a statement setting out:

(i)
the name and address of the party taking out the insurance for the launch or launches and any connected return; and
(ii)
details of all risks to be covered by the contract of insurance;
(c)
a certificate from the insurer or proposed insurer to the effect that the insurer has the financial capacity to insure each launch or return proposed to be covered by the contract of insurance for the amount for which the launch or return would, if the launch permit were granted to the applicant, be required to be insured under section 48 of the Act.


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SPACE ACTIVITIES REGULATIONS 2001
Division 3.6 Miscellaneous

SPACE ACTIVITIES REGULATIONS 2001
- REG 3.12 Arrangements and procedures for environmental plan for launches

For subparagraphs 3.02B (1) (e) (ii), 3.04 (4A) (e) (i) and 3.06 (4A) (e) (i), the arrangements and procedures are:
(a) the holder's, applicant's or proposed transferee's arrangements:

(i)
for monitoring and mitigating any adverse effects of each launch, and any connected return, conducted under the launch permit on the environment; and
(ii)
for implementing the plan; and

(b) the procedures to be followed by the holder, applicant or proposed transferee:

(i)
for reporting on the implementation of the plan; and
(ii)
for reviewing the plan; and
(iii) for ensuring that each launch, and any connected return, conducted under the launch permit, is conducted in accordance with any applicable requirements under Australian law for the protection of the environment.

SPACE ACTIVITIES REGULATIONS 2001
Part 4 Overseas launch certificates

SPACE ACTIVITIES REGULATIONS 2001
Division 4.1 Criteria for overseas launch certificates

SPACE ACTIVITIES REGULATIONS 2001
- REG 4.01 Criteria for overseas launch certificates

(1)
For paragraph 35 (2) (d) of the Act, the criterion set out in subregulation (2) is prescribed.

(2)
No part of the space object or objects concerned, in which the person has an ownership interest, must be or contain a nuclear weapon or a weapon of mass destruction of any other kind.

SPACE ACTIVITIES REGULATIONS 2001
Division 4.2 Applications for grant of overseas launch certificates

SPACE ACTIVITIES REGULATIONS 2001
- REG 4.02 Applications for grant of overseas launch certificates (Act s 39)

An application for the grant of an overseas launch certificate must be made in the way set out in this Division.

SPACE ACTIVITIES REGULATIONS 2001
- REG 4.03 Form of application

(1) The application:

(a)
must be in writing; and

(b) if the applicant is incorporated by or under a law of the Commonwealth or of a State or Territory, must state:

(i)
the applicant's name, registered address and ACN and the names and addresses of its directors; and
(ii)
if the applicant is a subsidiary of, or is under the direction or financial control of, a parent body, the names and addresses of the directors of the parent body; and
(iii)
the applicant's ABN (if any); and
(ba)
if the applicant is not incorporated by or under a law of the Commonwealth or of a State or Territory, must state the applicant's name, address and ABN (if any); and

(c)
must specify the launch facility proposed to be covered by the overseas launch certificate, its location and the date when it commenced operating or is proposed to commence operating; and


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(d) must specify:

(i)
the date and time of the proposed launch or, if that information is not available to the applicant at the time of the application, the period (which must not be longer than 6 months) within which the launch is proposed to take place; or
(ii)
for a particular series of launches, the date and time of each proposed launch or, if that information is not available to the applicant at the time of the application, the period (which must not be longer than 6 months) within which the series is proposed to take place; and
(e)
must specify the kind of launch vehicle proposed to be covered by the overseas launch certificate, including the launch vehicle or vehicles proposed to be launched under the certificate; and

(f)
must specify each payload to be carried in which the applicant has an ownership interest, including the name of its manufacturer and country of manufacture; and

(g)
must give details of the proposed orbit (if any) of each payload; and

(h)
must give details of all nominated trajectories or range of trajectories of each space object concerned; and

(i)
must include the information referred to in paragraph 1 of Article IV of the Registration Convention about each payload to be carried in which the applicant has an ownership interest, so far as the applicant knows that information; and

(j)
must state whether, in the country where the launch or series of launches is proposed to take place, any safety requirements will apply to each proposed launch, giving details of the requirements; and

(k) must give:

(i)
the name of an individual within the applicant's organisation who is able to deal with all matters in relation to the application; and
(ii)
the telephone number at which the individual may be contacted at all times, the telephone number (if any) to which a facsimile message for the individual may be transmitted and the individual's e-mail address (if any); and
(l)
must be accompanied by the documents mentioned in subregulation (4).

(2)
The application, and any documents required to accompany the application under this regulation, must be lodged with the Department.

(3)
If a document is not in English, the document must have with it a translation of it into English and a related certificate of verification by an accredited translator.

(4) For paragraph (1) (l), the following are the documents:

(a)
if:

(i)
in the country where the launch is proposed to take place, no safety requirements will apply to the proposed launch; or
(ii)
the Minister is not satisfied that any safety requirements that will apply are adequate;
all publicly available information about launches, or attempted launches, at the launch facility using launch vehicles of the kind proposed to be covered by the overseas launch certificate for the 5 years immediately preceding the date of the application;

(b) documents, in accordance with regulation 4.07, relating to:

(i)
the applicant's organisational structure; and
(ii)
particular persons who would, if the overseas launch certificate were granted to the applicant, have duties or functions connected with the proposed launch or launches;
(c)
a statement that sets out the details of any contractual arrangements between the applicant and any other persons directly connected with the launch or launches;

(d)
enough information about the launch or launches (that is, information that the Minister reasonably requires and that could reasonably be expected to be available to the applicant) to enable the Minister to make an informed decision as to the probability of the launch or launches causing substantial harm to public health or public safety or causing substantial damage to property;


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(e) in relation to each space object that is proposed to be launched, a statutory declaration:

(i)
by the applicant; or
(ii)
if the applicant is a body incorporated by or under a law of the Commonwealth, or of a State or Territory, by the person holding or performing the duties of the position of chief executive officer (however described) within the applicant's organisation;
verifying that any part of the space object in which the applicant has an ownership interest is not, and does not contain, a nuclear weapon or a weapon of mass destruction of any other kind;

(f)
if any part of any space object in which the applicant has an ownership interest contains any fissionable material and the Minister's written approval for it to do so has been obtained, a copy of that approval;

(g) for an applicant that is an approved scientific or educational organisation:

(i)
a copy of the declaration under section 8A of the Act in relation to the applicant;
(ii)
a document setting out evidence of the purpose of each activity proposed to be undertaken by the applicant.

SPACE ACTIVITIES REGULATIONS 2001
Division 4.3 Applications for transfer of overseas launch certificates

SPACE ACTIVITIES REGULATIONS 2001
- REG 4.04 Applications for transfer of overseas launch certificates (Act s 39)

An application for a transfer of an overseas launch certificate must be made in the way set out in this Division.

SPACE ACTIVITIES REGULATIONS 2001
- REG 4.05 Form of application

(1) The application:

(a)
must be in writing; and

(b)
must state the reference number of the relevant overseas launch certificate; and

(c) if the proposed transferee is incorporated by or under a law of the Commonwealth or of a State or Territory, must state:

(i)
the proposed transferee's name, registered address and ACN and the names and addresses of its directors; and
(ii)
if the proposed transferee is a subsidiary of, or is under the direction or financial control of, a parent body, the names and addresses of the directors of the parent body; and
(iii)
the proposed transferee's ABN (if any); and
(ca)
if the proposed transferee is not incorporated by or under a law of the Commonwealth or of a State or Territory, must state the proposed transferee's name, address and ABN (if any); and

(d) must specify:

(i)
the date and time of the proposed launch or, if that information is not available to the proposed transferee at the time of the application, the period (which must not be longer than 6 months) within which the launch is proposed to take place; or
(ii)
for a particular series of launches, the date and time of each proposed launch or, if that information is not available to the proposed transferee at the time of the application, the period (which must not be longer than 6 months) within which the series is proposed to take place; and

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(e)
must specify each payload to be carried in which the proposed transferee has an ownership interest, including the name of its manufacturer and country of manufacture; and

(f)
must give details of the proposed orbit (if any) of each payload; and

(g)
must give details of all nominated trajectories or range of trajectories of each space object concerned; and

(h)
must include the information referred to in paragraph 1 of Article IV of the Registration Convention that relates to each payload to be carried in which the proposed transferee has an ownership interest, so far as the proposed transferee knows that information; and

(i) must give:

(i)
the name of an individual within the proposed transferee's organisation who is able to deal with all matters in relation to the application; and
(ii)
the telephone number at which the individual may be contacted at all times, the telephone number (if any) to which a facsimile message for the individual may be transmitted and the individual's e-mail address (if any); and
(j)
must be signed by both the proposed transferor and proposed transferee; and

(k)
must be accompanied by the documents referred to in subregulation (5).

(2) However, the application need not include the information referred to in paragraph (1) (d), (e), (f), (g) or (h) if:

(a)
the information is the same as the information that the proposed transferor has most recently given to the Minister; and

(b)
the proposed transferee includes a written statement to that effect in the application.

(3)
The application, and any documents required to accompany the application under this regulation, must be lodged with the Department.

(4)
If a document is not in English, the document must have with it a translation of it into English and a related certificate of verification by an accredited translator.

(5) For paragraph (1) (k), the following are the documents:
(a) documents, in accordance with regulation 4.07, relating to:

(i)
the proposed transferee's organisational structure; and
(ii)
particular persons who would, if the overseas launch certificate were transferred to the proposed transferee, have duties or functions connected with the proposed launch or launches;
(b)
a statement that sets out the details of any contractual arrangements between the proposed transferee and any other persons directly connected with the launch or launches;

(c) in relation to each space object that is proposed to be launched, a statutory declaration:

(i)
by the proposed transferee; or
(ii)
if the proposed transferee is a body incorporated by or under a law of the Commonwealth, or of a State or Territory, by the person holding or performing the duties of the position of chief executive officer (however described) in the transferee's organisation;
verifying that any part of the space object in which the proposed transferee has an ownership interest is not, and does not contain, a nuclear weapon or a weapon of mass destruction of any other kind;

(d)
if any part of any space object in which the proposed transferee has an ownership interest contains any fissionable material and the Minister's written approval for it to do so has been obtained, a copy of that approval;


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(e) for a proposed transferee that is an approved scientific or educational organisation:

(i)
a copy of the declaration under section 8A of the Act in relation to the proposed transferee; and
(ii)
a document setting out evidence of the purpose of each activity proposed to be undertaken by the proposed transferee.

SPACE ACTIVITIES REGULATIONS 2001
Division 4.4 Documents relevant to applications under this Part

SPACE ACTIVITIES REGULATIONS 2001
- REG 4.06 Definitions for this Division

In this Division:

applicant, in relation to an application for the transfer of a overseas launch certificate, means the proposed transferee.

SPACE ACTIVITIES REGULATIONS 2001
- REG 4.07 Applicant's organisational structure

For paragraph 4.03 (4) (b) or 4.05 (5) (a), the documents must consist of:
(a) a written description of the applicant's organisational structure or the part of the applicant's organisational structure established, or proposed to be established, by the applicant to conduct or carry out the operations covered by the application, including:

(i)
the chain of command within the structure; and
(ii)
the duties and responsibilities of each position in the chain of command; and
(b)
for each of the applicant's employees whose duties or functions include doing anything directly connected with that part of the launch or launches for which the applicant has direct responsibility, a statement setting out:

(i)
the employee's name, duties and functions, qualifications and experience; and
(ii)
the employee's usual place of residence (or each of them, if more than one), and employment history, for the 10 years immediately preceding the date of the application.

SPACE ACTIVITIES REGULATIONS 2001
Part 5 Authorisation of return of overseas-launched space objects

SPACE ACTIVITIES REGULATIONS 2001
- REG 5.01 Other criteria for authorising returns of overseas-launched space objects

For paragraph 43 (3) (f) of the Act, the other criteria are that:

(a)
the person who is to carry out the return or returns must have all necessary environmental approvals under Australian law for the return or returns; and

(b)
the person must have an adequate environmental plan for the return or returns.

SPACE ACTIVITIES REGULATIONS 2001
Part 6 Exemption certificates

SPACE ACTIVITIES REGULATIONS 2001
- REG 6.01 Matters to which Minister must have regard

For subsection 46 (2) of the Act, the Minister must have regard to the following matters in deciding whether to issue an exemption certificate to a person covering specified conduct:

(a)
whether the conduct is required to deal with an emergency;

(b)
the probability of the conduct causing substantial harm to public health or public safety or causing substantial damage to property;

(c)
the probability of the Commonwealth being exposed to liability, under the Liability Convention or otherwise under international law, for damage caused by the conduct.


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SPACE ACTIVITIES REGULATIONS 2001
Part 7 Insurance/financial requirements

SPACE ACTIVITIES REGULATIONS 2001
- REG 7.01 Direct financial responsibility

(1)
For paragraph 47 (2) (b) of the Act, the holder of a launch permit, overseas launch certificate or section 43 authorisation covering a launch or return must show direct financial responsibility for the launch or return in accordance with this regulation.

(2) The holder must provide:

(a)
evidence that the holder has net assets sufficient to cover any liability that the holder might incur for any damage to third parties caused by the launch or return concerned, or other evidence that shows that the holder is able to comply with any obligation of the holder to pay compensation for such damage; and

(b)
any information that the Minister asks for in writing for the purpose of showing that the holder is able to comply with any obligation of the holder to pay compensation for such damage.

(3) However, if the holder is incorporated by or under a law of the Commonwealth or of a State or Territory and is a subsidiary of, or is under the direction or financial control of, another body having legal personality, the holder:
(a) must provide:

(i)
evidence that the holder has net assets sufficient to cover any liability that the holder might incur for any damage to third parties caused by the launch or return concerned, or other evidence that shows that the holder is able to comply with any obligation of the holder to pay compensation for such damage; and
(ii)
any information that the Minister asks for in writing for the purpose of showing that the holder is able to comply with any obligation of the holder to pay compensation for such damage; or

(b) must provide:

(i)
evidence that the holder and the other body together have net assets sufficient to cover any liability that the holder might incur for such damage, or other evidence that shows that the holder is able to comply with any obligation of the holder to pay compensation for such damage; and
(ii)
a guarantee by the other body that, to the extent that any part of any obligation of the holder to pay compensation for such damage is to be covered by the other body's net assets, it will meet that part of the obligation; or

(c) must provide:

(i)
evidence that the other body has net assets sufficient to cover any liability that the holder might incur for such damage, or other evidence that shows that the holder is able to comply with any obligation of the holder to pay compensation for such damage; and
(ii)
a guarantee by the other body that it will meet any obligation of the holder to pay compensation for such damage.

SPACE ACTIVITIES REGULATIONS 2001
- REG 7.02 Maximum probable loss

(1) For paragraph 48 (3) (a) of the Act, the method of determining the amount of maximum probable loss is as follows:

(a)
work out the value of third-party casualty losses (within the meaning of the Maximum Probable Loss Methodology) for the launch or return in accordance with the Maximum Probable Loss Methodology;

(b)
work out the value of third-party property losses (within the meaning of the Maximum Probable Loss Methodology) for the launch or return in accordance with the Maximum Probable Loss Methodology;

(c)
work out the value of losses arising from environmental damage (within the meaning of the Maximum Probable Loss Methodology) for the launch or return in accordance with the Maximum Probable Loss Methodology;

(d)
work out the value of loss of economic use (within the meaning of the Maximum Probable Loss Methodology) for the launch or return in accordance with the Maximum Probable Loss Methodology;

(e)
obtain written confirmation, by an independent person having suitable qualifications and experience who is approved by the Minister, that the values obtained under paragraphs (a) to (d) have been worked out in accordance with the Maximum Probable Loss Methodology;

(f)
work out the amount of the maximum probable loss by adding the values obtained in paragraphs (a) to (d) that have been confirmed in accordance with paragraph (e).


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(2) In subregulation (1):

Maximum Probable Loss Methodology means the document called `Maximum Probable Loss Methodology', published by the Department, as in force on 3 July 2002.

SPACE ACTIVITIES REGULATIONS 2001
- REG 7.03 Different method of determining minimum amount of total insurance

(1) For paragraph 48 (3) (b) of the Act, the method of determining the minimum amount of total insurance for a launch authorised by an overseas launch certificate is:

(a)
to obtain, from a jointly-appointed insurance analyst, an assessment as to the amount of liability to pay compensation that the Commonwealth might incur, under the Liability Convention, or otherwise under international law, for any damage to third parties caused by the launch; and

(b)
to use the assessed amount as the minimum amount of total insurance.

(2) In subregulation (1):
jointly-appointed insurance analyst means an insurer or actuary who:

(a)
is jointly appointed by the Minister and the applicant for the overseas launch certificate; and

(b)
is professionally qualified to give the assessment referred to in paragraph (1) (a).

SPACE ACTIVITIES REGULATIONS 2001
Part 8 Launch Safety Officer

SPACE ACTIVITIES REGULATIONS 2001
- REG 8.01 Functions of Launch Safety Officer — notice of launches

(1)
For paragraph 51 (a) of the Act, notice of a launch at a licensed launch facility must be given in accordance with this regulation.

(2) The Launch Safety Officer for the facility must ensure that, not earlier than 10 working days and not later than 2 working days before the launch is due to be carried out, a notice stating the date and time of the launch:

(a)
is given in writing to the people, authorities and services referred to in subregulation (3); and

(b) if there is a community in a place that is within a 50-kilometre radius of the launch facility:

(i)
is published in all local newspapers for the community; and
(ii)
is published in any other publication circulated in the community that has been agreed to in writing by the local government authority for the place; and
(iii)
is broadcast by all local radio stations for the community.

(3) For paragraph (2) (a), the people, authorities and services are as follows:
(a) the Secretary of each of the following Departments:

(i)
the Department of the Prime Minister and Cabinet;
(ii)
the Attorney-General's Department;
(iii)
the Department of Foreign Affairs and Trade;
(iv)
the Department of Defence;
(v)
the Department of Transport and Regional Services;
(b)
the Director of the Civil Aviation Safety Authority;

(c)
the local government authority for the local government area in which the launch facility is located;

(d)
the relevant officials in relation to affected States and Territories, as specified in subregulation (4);

(e)
the Director-General, Emergency Management Australia;

(f)
the Manager, Aeronautical Information Service, Airservices Australia;

(g)
the Director, North American Aerospace Defence Command, United States Space Command;

(h)
the operator of any ground-based public transport service that operates in a place within a 50-kilometre radius of the launch facility.


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(4)
For paragraph (3) (d), the relevant officials are:

(a)
in relation to the State or Territory in which the launch facility is located — the officials specified in relation to that State or Territory in columns 3 and 4 of the following table; and

(b)
in relation to a State or Territory over which the space object is intended to fly — the officials specified in relation to that State or Territory in column 4 of that table.

Column 1
Item
Column 2
State or Territory
Column 3
Officials — launch facility
Column 4
Officials — launch facility and overflight
1
New South Wales
Director-General, Premier's Department
Chair, State Emergency Management Committee and State Emergency Operations Controller
2
Victoria
Secretary, Department of Premier and Cabinet
Director, Office of the Emergency Services Commissioner
3
Queensland
Director-General, Department of the Premier and Cabinet
Director-General, Department of State Development
4
Western Australia
Director-General, Ministry of the Premier and Cabinet
FESA Chief Executive Officer, Fire and Emergency Services Authority of Western Australia
5
South Australia
Chief Executive, Department of the Premier and Cabinet
Director, State Emergency Service of South Australia;
6
Tasmania
Secretary, Department of Premier and Cabinet
Director, State Emergency Service of Tasmania
7
Australian Capital Territory
Chief Executive, Chief Minister's Department
Executive Director, Emergency Management of the Australian Capital Territory
8
Northern Territory of Australia
Secretary, Department of the Chief Minister
Director, Northern Territory Emergency Service
9
Christmas Island
Administrator, the Territory of Christmas Island
Director-General, Ministry of the Premier and Cabinet of Western Australia
Officer-in-Charge, Christmas Island
FESA Chief Executive Officer, Fire and Emergency Services Authority of Western Australia

(5)
If there is a community in a place that is within a 50-kilometre radius of the launch facility, the Launch Safety Officer must also ensure that another notice of the launch, including any changes to the information already given under subregulation (2), is broadcast not earlier than 12 hours and not later than 1 hour before the launch by all local radio stations for the community.


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SPACE ACTIVITIES REGULATIONS 2001
- REG 8.02 Procedure for giving directions

(1)
For paragraph 54 (1) (a) of the Act, the procedure set out in subregulation (2) is prescribed.

(2) The Launch Safety Officer for a licensed launch facility:

(a)
must record each direction given under paragraph 52 (2) (c) of the Act; and

(b)
must provide a copy of it to the Minister within 10 working days after it is given.

SPACE ACTIVITIES REGULATIONS 2001
- REG 8.03 Procedure for complying with directions

(1)
For paragraph 54 (1) (b) of the Act, the procedure set out in subregulation (2) is prescribed.

(2) The person to whom a direction is given under paragraph 52 (2) (c) of the Act must, as soon as practicable:

(a)
record the action that has been taken, or that is proposed to be taken, in response to the direction; and

(b)
if the person is not the holder of the space licence for the launch facility concerned, provide to the holder a copy of the record and the direction to which the record relates.

Penalty:   50 penalty units.

(3)
An offence against this regulation is an offence of strict liability within the meaning of section 6.1 of the Criminal Code.

SPACE ACTIVITIES REGULATIONS 2001
Part 9 Fees

Note   The payment of a fee under section 59 of the Act is not the provision of consideration for the purposes of the A New Tax System (Goods and Services Tax) Act 1999: see the A New Tax System (Goods and Services Tax) (Exempt Taxes, Fees and Charges) Determination 2002 (which commenced on 1 July 2002). Later determinations may make similar arrangements.

SPACE ACTIVITIES REGULATIONS 2001
- REG 9.01 Fees for applications for launch permits

(1) For subsection 59 (1) of the Act, the fee for an application for a launch permit, or for the transfer or variation of a launch permit, is:
(a) for a person other than an approved scientific or educational organisation, the sum of:

(i)
$40 000; and
(ii)
if the permit authorises a particular series of launches, $10 000 for each launch after the first launch authorised by the permit; and

(b) for an approved scientific or educational organisation, the sum of:

(i)
$400; and
(ii)
if the permit authorises a particular series of launches, $100 for each launch after the first launch authorised by the permit.
(2)
For subsection 59 (8) of the Act, the fee mentioned in subregulation (1) must be paid when the application is made.

SPACE ACTIVITIES REGULATIONS 2001
- REG 9.02 Fees for applications for overseas launch certificates
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(1) For subsection 59 (2) of the Act, the fee for an application for an overseas launch certificate, or for the transfer or variation of an overseas launch certificate, is:

(a)
for a person other than an approved scientific or educational organisation — $10 000; and

(b)
for an approved scientific or educational organisation — $100.

(2)
For subsection 59 (8) of the Act, the fee mentioned in subregulation (1) must be paid when the application is made.

SPACE ACTIVITIES REGULATIONS 2001
- REG 9.03 Fees for applications for authorisations

(1) For subsection 59 (2A) of the Act, the fee for an application for an authorisation under section 43 of the Act, or for a variation of such an authorisation, is:

(a)
for a person other than an approved scientific or educational organisation — $10 000; and

(b)
for an approved scientific or educational organisation — $100.

(2)
For subsection 59 (8) of the Act, the fee mentioned in subregulation (1) must be paid when the application is made.

SPACE ACTIVITIES REGULATIONS 2001
- REG 9.04 Fees for applications for space licences

(1) For subsection 59 (3) of the Act, the fee for an application for a space licence, or for a transfer or variation of a space licence, is:

(a)
for a person other than an approved scientific or educational organisation — $300 000; and

(b)
for an approved scientific or educational organisation — $3 000.

(2) For subsection 59 (8) of the Act, the fee mentioned in subregulation (1) must be paid:

(a)
when the application is made; or

(b) in 2 equal instalments, as follows:

(i)
in the case of the first instalment — when the application is made;
(ii)
in the case of the second instalment — within 4 months after the day when the application is made.

SPACE ACTIVITIES REGULATIONS 2001
- REG 9.05 Annual licence fees

(1) For subsection 59 (3A) of the Act, the annual licence fee for a space licence is:

(a)
for a person other than an approved scientific or educational organisation — $190 000; and

(b)
for an approved scientific or educational organisation — $1 900.

(2)
For subsection 59 (8) of the Act, the fee mentioned in subregulation (1) must be paid on or before the anniversary in each year of the day when the space licence was granted.

SPACE ACTIVITIES REGULATIONS 2001
- REG 9.06 Fees for applications for exemption certificates
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(1) For subsection 59 (4) of the Act, the fee for an application for an exemption certificate is:

(a)
for a person other than an approved scientific or educational organisation — $10 000; and

(b)
for an approved scientific or educational organisation — $100.

(2)
For subsection 59 (8) of the Act, the fee mentioned in subregulation (1) must be paid when the application is made.

SPACE ACTIVITIES REGULATIONS 2001
- REG 9.07 Non-payment of fees

Any amount of a fee mentioned in this Part that remains unpaid after it becomes due for payment is a debt due to the Commonwealth and may be recovered in a court of competent jurisdiction.

SPACE ACTIVITIES REGULATIONS 2001
Part 10 Investigation of accidents

SPACE ACTIVITIES REGULATIONS 2001
- REG 10.01A Circumstances — accident

(1)
Subject to subregulation (2), for paragraph (b) of the definition of accident in section 85 of the Act, a circumstance in which damage to the space object occurs in a manner consistent with the stated purpose of the activity for which the object is being used is prescribed.

(2)
Subregulation (1) does not apply to a circumstance in which a flight was terminated by the operation of a flight safety system.

SPACE ACTIVITIES REGULATIONS 2001
- REG 10.01 Fees for persons assisting Investigator

(1) For subsection 90 (2) of the Act, a person who assists an Investigator must be paid fees worked out as follows:

(a)
if the person is invited to assist because of the person's occupation, and in practising that occupation he or she is remunerated by wages or salary — an amount equal to the daily rate of the person's remuneration, for each day on which he or she assists the Investigator;

(b)
if the person is invited to assist because of the person's occupation, and in practising that occupation he or she is remunerated by fees — an amount equal to the average hourly rate of fees charged by the person, for each hour, or part of an hour, spent by him or her in assisting the Investigator;

(c)
in any other case — $95 for each day on which he or she assists the Investigator.

(2) In subregulation (1):

average hourly rate, in relation to fees charged by a person, means the average hourly rate charged by the person for the previous 3 services provided by the person of a kind comparable to the assistance given to the Investigator.

daily rate, in relation to a person's remuneration, means the sum of:

(a)
the daily rate of the person's wages or salary calculated using the method set out in subregulation (3); and

(b)
the amount towards the person's superannuation that the person's employer must contribute in relation to the amount referred to in paragraph (a); and

(c)
if the person's remuneration includes an annual allowance of any kind in addition to the wages or salary referred to in paragraph (a), the daily rate of that allowance calculated using the method set out in subregulation (3).


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(3) For subregulation (2):
(a) the daily rate of a person's wages is:

A graphic exists here.

where:

A is the average hourly rate of wages earned by the person over the 20 most recent days for which the person was paid wages; and

(b) the daily rate of a person's salary is:

A graphic exists here.; and

(c) the daily rate of a person's annual allowance is:

A graphic exists here.A graphic exists here..

SPACE ACTIVITIES REGULATIONS 2001
- REG 10.02 Allowances for persons assisting Investigator

For subsection 90 (2) of the Act, a person who assists an Investigator must be paid allowances worked out as follows:

(a)
if the person is invited to assist because of the person's occupation, and in practising that occupation he or she is remunerated by wages or salary — an amount equal to the allowances to which the person would be entitled, if the assistance were given in the course of his or her occupation;

(b) in any other case — if the person is required to be absent overnight from his or her usual place of residence, a reasonable amount, as the Investigator allows, for:

(i)
transport between the person's usual place of residence and the place where his or her assistance is required; and
(ii)
meals and accommodation.

SPACE ACTIVITIES REGULATIONS 2001
- REG 10.03 Fees and allowances for persons attending before Investigator

(1) For subsection 91 (7) of the Act, a person who attends before an Investigator, because of his or her professional, scientific or other special skill or knowledge, must be paid the following amount of fees:

(a)
if the person is remunerated in his or her occupation by wages, salary or fees — an amount equal to the amount of wages, salary or fees lost because of his or her attendance;

(b)
in any other case — an amount of not less than $95 or more than $475, as the Investigator allows, for each day on which he or she attends.

(2) A person who attends before an Investigator, other than a person referred to in subregulation (1), must be paid the following amount of fees:

(a)
if the person is remunerated in his or her occupation by wages, salary or fees — an amount equal to the amount of wages, salary or fees lost because of his or her attendance;

(b)
in any other case — an amount of not less than $54 or more than $89, as the Investigator allows, for each day on which he or she attends.

(3) A person who attends before an Investigator must be paid a reasonable amount, as the Investigator allows, for allowances for:

(a)
transport between the person's usual place of residence and the place where he or she attends before the Investigator; and

(b)
if the person is required to be absent overnight from his or her usual place of residence — meals and accommodation.

SPACE ACTIVITIES REGULATIONS 2001
Part 11 Miscellaneous

SPACE ACTIVITIES REGULATIONS 2001
- REG 11.01 Delegation by Minister (Act, s 104)
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The Minister may, in writing, delegate any or all of his or her powers under the following provisions to the person performing the duties of the position of Director of Space Licensing and Safety Office in the Department:

(a)
paragraph 3.04 (4A) (c);

(b)
subparagraph 3.04 (4A) (d) (i);

(c)
paragraph 3.04 (4B) (e);

(d)
subparagraph 3.04 (4B) (f) (i);

(e)
paragraph 3.06 (4A) (c);

(f)
subparagraph 3.06 (4A) (d) (i);

(g)
paragraph 3.06 (4B) (e);

(h)
subparagraph 3.06 (4B) (f) (i);

(i)
paragraph 7.02 (1) (e).

SPACE ACTIVITIES REGULATIONS 2001
- REG 11.02 AAT review of decisions

Application may be made to the Administrative Appeals Tribunal for review of:
(a) a direction given by the Minister under the following provisions:

(i)
subregulation 2.04C (4);
(ii)
subregulation 2.04D (4);
(iii)
subregulation 3.02B (2);
(iv)
subregulation 3.02C (2); or

(b) a decision by an Investigator to allow an amount under the following provisions:

(i)
paragraph 10.02 (b);
(ii)
paragraph 10.03 (1) (b);
(iii)
paragraph 10.03 (2) (b);
(iv)
subregulation 10.03 (3); or

(c) a decision by the Minister to refuse to grant permission under the following provisions:

(i)
subparagraph 2.06A (4) (b) (ii);
(ii)
subparagraph 2.06B (4) (b) (ii);
(iii)
subparagraph 2.08A (4) (b) (ii).

SPACE ACTIVITIES REGULATIONS 2001
Notes to the Space Activities Regulations 2001

Note 1

The Space Activities Regulations 2001 (in force under the Space Activities Act 1998) as shown in this compilation comprise Statutory Rules 2001 No. No. 186 amended as indicated in the Tables below.

Table of Statutory Rules

Year and
number
Date of notification
in Gazette
Date of
commencement
Application, saving or
transitional provisions
2001 No. 186
5 July 2001
5 July 2001

2002 No. 166
3 July 2002
Rr.1-3 and Schedule 1:
5 July 2001
Remainder: 3 July 2002

2003 No. 33
13 Mar 2003
13 Mar 2003

2004 No. 79
30 Apr 2004
30 Apr 2004

Table

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of Amendments

ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted
Provision affected
How affected
Part 1

R. 1.03
am. 2002 No. 166; 2004 No. 79
R. 1.04
ad. 2004 No. 79
Part 2

Division 2.2

R. 2.02
am 2002 No. 166
Division 2.3

R. 2.03
am. 2002 No. 166
Division 2.3A

Div. 2.3A of Part 2
ad. 2004 No. 79
R. 2.03A
ad. 2004 No. 79
Division 2.4

Div. 2.4 of Part 2
rs. 2004 No. 79
R. 2.04
rs. 2004 No. 79
R. 2.04A
ad. 2004 No. 79
R. 2.04B
ad. 2004 No. 79
R. 2.04C
ad. 2004 No. 79
R. 2.04D
ad. 2004 No. 79
Division 2.5

R. 2.06
am. 2002 No. 166; 2003 No. 33; 2004 No. 79
Heading to r. 2.06A
rs. 2004 No. 79
R. 2.06A
ad. 2003 No. 33

am. 2004 No. 79
Heading to r. 2.06B
rs. 2004 No. 79
R. 2.06B
ad. 2003 No. 33

am. 2004 No. 79
Division 2.6

R. 2.08
am. 2002 No. 166; 2003 No. 33; 2004 No. 79
Heading to r. 2.08A
rs. 2004 No. 79
R. 2.08A
ad. 2003 No. 33

am. 2004 No. 79
Division 2.7

Heading to Div. 2.7
of Part 2
rs. 2004 No. 79
R. 2.11
am. 2002 No. 166; 2004 No. 79
R. 2.12
am. 2004 No. 79
R. 2.13
am. 2004 No. 79
R. 2.14
am. 2004 No. 79
R. 2.15
am. 2004 No. 79
R. 2.16
am. 2004 No. 79
R. 2.16A
ad. 2004 No. 79
R. 2.16B
ad. 2004 No. 79
Division 2.8

R. 2.17
am. 2004 No. 79
Part 3

Division 3.2

R. 3.02
am. 2002 No. 166

rs. 2004 No. 79
R. 3.02A
ad. 2004 No. 79
R. 3.02B
ad. 2004 No. 79
R. 3.02C
ad. 2004 No. 79
Division 3.3

R. 3.04
am. 2002 No. 166; 2004 No. 79
Division 3.4

R. 3.06
am. 2002 No. 166; 2004 No. 79
Division 3.5

Heading to Div. 3.5
of Part 3
rs. 2004 No. 79
R. 3.08
am. 2004 No. 79
R. 3.09
am. 2004 No. 79
R. 3.10
am. 2004 No. 79
R. 3.11
am. 2004 No. 79
Division 3.6

R. 3.12
am. 2004 No. 79
Part 4

Division 4.2

R. 4.03
am. 2002 No. 166; 2004 No. 79
Division 4.3

R. 4.05
am. 2004 No. 79
Part 7

R. 7.02
am. 2002 No. 166
Part 8

R. 8.01
am. 2002 No. 166
Part 9

Part 9
rs. 2002 No. 166; 2004 No. 79
R. 9.01
rs. 2002 No. 166; 2004 No. 79
R. 9.02
rs. 2002 No. 166; 2004 No. 79
R. 9.03
rs. 2002 No. 166; 2004 No. 79
R. 9.04
rs. 2002 No. 166; 2004 No. 79
R. 9.05
rs. 2002 No. 166; 2004 No. 79
R. 9.06
ad. 2004 No. 79
R. 9.07
ad. 2004 No. 79
Part 10

R. 10.01A
ad. 2004 No. 79
Part 11

R. 11.01
rs. 2004 No. 79
R. 11.02
am. 2003 No. 33; 2004 No. 79