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This Act may be cited as the Space (Launches and Returns) Act 2018.
This Act commences on the day on which it receives the Royal Assent.
The objects of this Act are:
to establish a system for the regulation of space activities carried on either from Australia or by Australian nationals outside Australia; and
to establish a system for the regulation of the launch of high power rockets in Australia; and
to ensure that a reasonable balance is achieved between:
the removal of barriers to participation in space activities and the encouragement of innovation and entrepreneurship in the space industry; and
the safety of space activities, and the risk of damage to persons or property as a result of space activities, regulated by this Act; and
to implement certain of Australia’s obligations under the UN Space Treaties.
This Act does not limit the operation of other laws of the Commonwealth (except so far as the other laws are inconsistent with this Act): see section 105.
• Persons carrying on various space activities or launches of high power rockets in Australia must have the activities or launches approved.
• Australian nationals carrying on various space activities outside Australia must have the activities approved.
• There are provisions about liability for damage caused by space objects or high power rockets.
• There is a Register of Space Objects that is publicly available on the Department’s website. The register includes details for certain space objects launched under an Australian launch permit, overseas payload permit or authorisation certificate.
• Investigators can investigate accidents or incidents involving:
a space object launched from a launch facility in Australia or from an aircraft that is in the airspace over Australian territory; or
a space object returned to a place or area in Australia; or
a high power rocket launched from a facility or place in Australia.
This Act binds the Crown in each of its capacities.
Division 1 of Part 3 does not bind the Commonwealth: see section 16.
However, this Act does not make the Crown liable to be prosecuted for an offence.
This Act extends to the external Territories.
This Act applies both within and outside Australia.
Section 14.1 of the Criminal Code does not apply to an offence against this Act.
The Criminal Code applies to all offences against this Act.
In this Act, unless the contrary intention appears:
accident has the meaning given by section 85.
accident site has the meaning given by section 98.
accident site premises has the meaning given by section 98.
aircraft means any machine or craft that can derive support in the atmosphere from the reactions of the air, other than the reactions of the air against the earth’s surface.
Astronauts and Objects Agreement means the Agreement on the Rescue of Astronauts, the Return of Astronauts and the Return of Objects Launched into Outer Space, done at London, Moscow and Washington on 22 April 1968, as amended and in force for Australia from time to time.
The Agreement is in Australian Treaty Series 1986 No. 8 ([1986] ATS 8) and could in 2018 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).
Australia, when used in a geographical sense, includes the external Territories.
Australian aircraft means an aircraft registered in Australia.
Australian high power rocket permit means a permit granted under section 38.
Australian launch permit means a permit granted under section 28.
Australian national means:
an Australian citizen; or
an Australian resident; or
a body incorporated by or under a law of the Commonwealth, of a State or of a Territory; or
the Commonwealth, a State or a Territory.
Australian resident means an individual who resides in Australia and is the holder (within the meaning of the Migration Act 1958) of a permanent visa (within the meaning of that Act).
Australian territory means the following:
the territory of Australia and of each external Territory;
the territorial sea of Australia;
the waters of the sea on the landward side of the territorial sea of Australia, but not within the limits of a State or internal Territory;
the territorial sea of each external Territory;
the waters of the sea on the landward side of the territorial sea of each external Territory, but not within the limits of the external Territory.
authorisation certificate means a certificate issued under section 46U.
Chicago Convention means:
the Convention on International Civil Aviation done at Chicago on 7 December 1944, whose English text is set out in Schedule 1 to the Air Navigation Act 1920; and
the Protocols amending that Convention that are referred to in subsection 3A(2) of that Act, whose English texts are set out in Schedules to that Act; and
the Annexes to that Convention that relate to international standards and recommended practices and that are adopted in accordance with that Convention.
civil penalty provision has the same meaning as in the Regulatory Powers Act.
damage:
in relation to a space object—has the same meaning as in the Liability Convention; and
in relation to a high power rocket—means loss of life, personal injury or other impairment of health or loss of or damage to property of persons.
fault has the same meaning as in the Liability Convention.
Federal Court means the Federal Court of Australia.
foreign aircraft means an aircraft that is not an Australian aircraft.
gross negligence has the meaning given by the rules. But if the rules do not give the term a meaning, it has the same meaning as in the Liability Convention.
high power rocket means an object of a kind prescribed by the rules for the purposes of this definition.
incident has the meaning given by section 86.
insured amount, for an Australian launch permit, Australian high power rocket permit, overseas payload permit or return authorisation, means the amount for which the holder of the permit or authorisation is required to be insured under Division 7 of Part 3 in respect of the launch or launches, and any return, covered by the permit or authorisation. In determining this amount, disregard paragraph 47(2)(b) (which deals with direct financial responsibility).
Investigator means a person appointed under section 88.
launch:
a space object, means launch the whole or a part of the object into an area beyond the distance of 100 km above mean sea level, or attempt to do so; or
a high power rocket, means launch the rocket into an area that is not beyond the distance of 100 km above mean sea level, or attempt to do so.
launch facility means a facility (whether fixed or mobile) or place specifically designed or constructed as a facility or place from which space objects can be launched, and includes all other facilities at the facility or place that are necessary to conduct a launch.
launch facility licence means a licence granted under section 18.
launching State has the same meaning as in the Liability Convention.
launch party, for the launch of a high power rocket, means:
in the case of a launch authorised by an Australian high power rocket permit—the holder of the permit; or
in the case of a launch that:
is not authorised as mentioned in paragraph (a); but
is covered by an authorisation certificate;
the holder of the authorisation certificate; or
in any other case—each of the following persons:
the person or persons who carried out the launch of the high power rocket;
any other person specified in the rules made for the purposes of this definition.
Launch Safety Officer means:
for a launch of a space object covered by an Australian launch permit—the person appointed under section 50 for the launch; or
for a return to a place or area in Australia of a space object covered by an Australian launch permit or a return authorisation—the person appointed under section 50 for the return.
Liability Convention means the Convention on International Liability for Damage Caused by Space Objects, done at London, Moscow and Washington on 29 March 1972, as amended and in force for Australia from time to time.
The Convention is in Australian Treaty Series 1975 No. 5 ([1975] ATS 5) and could in 2018 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).
liability period means:
for the launch of a space object—the period of 30 days beginning when the launch takes place, or such other period as is specified in the rules; and
for the return of a space object—the period beginning when the relevant re‑entry manoeuvre is begun and ending when the object has come to rest on Earth, or such other period as is specified in the rules; and
for the launch of a high power rocket—the period of 30 days beginning when the launch takes place, or such other period as is specified in the rules.
licensed launch facility means a launch facility for which a person holds a launch facility licence.
Moon and other Celestial Bodies Agreement means the Agreement Governing the Activities of States on the Moon and other Celestial Bodies, done at New York on 18 December 1979, as amended and in force for Australia from time to time.
The Agreement is in Australian Treaty Series 1986 No. 14 ([1986] ATS 14) and could in 2018 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).
occupier of premises includes a person present at the premises who apparently represents the occupier.
Outer Space Treaty means the Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and other Celestial Bodies, done at London, Moscow and Washington on 27 January 1967, as amended and in force for Australia from time to time.
The Treaty is in Australian Treaty Series 1967 No. 24 ([1967] ATS 24) and could in 2018 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).
overseas payload permit means a permit granted under section 46B.
premises includes a place and a conveyance.
Register means the Register of Space Objects kept under section 76.
Registration Convention means the Convention on Registration of Objects Launched into Outer Space, done at New York on 14 January 1975, as amended and in force for Australia from time to time.
The Convention is in Australian Treaty Series 1986 No. 5 ([1986] ATS 5) and could in 2018 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).
Regulatory Powers Act means the Regulatory Powers (Standard Provisions) Act 2014.
related party has the meaning given by section 9.
responsible party, for the launch or return of a space object, means:
in the case of a launch or return authorised by an Australian launch permit—the holder of the permit; or
in the case of a return authorised by a return authorisation—the holder of the authorisation; or
in the case of a launch or return that:
is not authorised as mentioned in paragraph (a) or (b); but
is covered by an authorisation certificate;
the holder of the authorisation certificate; or
in the case of a launch authorised by an overseas payload permit—the holder of the permit; or
in any other case—each of the following persons:
the person or persons who carried out the launch or return of the space object;
any person who, at any time during the liability period for the launch or return, owned all or some of any payload forming part of the space object concerned;
any other person specified in the rules made for the purposes of this definition.
But, in relation to a launch or return to which paragraph (f) applies, if the space object was launched from a facility (whether fixed or mobile), or place, outside Australia, or if the space object was returned to a place or area outside Australia, a person is only a responsible party if the person is also an Australian national.
return a space object means return the space object from an area beyond the distance of 100 km above mean sea level to Earth, or attempt to do so.
return authorisation means an authorisation given under section 46L.
rules means the rules made by the Minister under section 110.
space object means:
an object the whole or a part of which is to go into or come back from an area beyond the distance of 100 km above mean sea level; or
any part of such an object, even if the part is to go only some of the way towards or back from an area beyond the distance of 100 km above mean sea level.
third party:
for the launch or return of a space object—means a person who is not a responsible party for the launch or return and who is not a related party (see section 9) of any responsible party for the launch or return; and
for the launch of a high power rocket—means a person who is not a launch party for the launch and who is not a related party (see section 9) of any launch party for the launch.
UN space treaties means the following:
the Liability Convention;
the Registration Convention;
the Outer Space Treaty;
the Moon and other Celestial Bodies Agreement;
the Astronauts and Objects Agreement.
A person (the first person) is a related party of a responsible party for the launch or return of a space object if:
the first person has a financial or ownership interest in all or part of the space object; or
the first person was involved in preparing all or part of the space object for the launch or return; or
the first person is a contractor, subcontractor or supplier involved in the launch or return or the preparation of all or part of the space object for the launch or return; or
the first person is a director, officer, employee or agent of the responsible party.
A person (the first person) is a related party of a launch party for the launch of a high power rocket if:
the first person has a financial or ownership interest in all or part of the high power rocket; or
the first person was involved in preparing all or part of the high power rocket for the launch; or
the first person is a contractor, subcontractor or supplier involved in the launch or the preparation of all or part of the high power rocket for the launch; or
the first person is a director, officer, employee or agent of the launch party.
However, the rules may provide that specified persons are, or are not, related parties of a responsible party or a launch party.
• The operation of a launch facility in Australia requires a launch facility licence.
• A launch of a space object from a launch facility in Australia, from an Australian aircraft that is in flight or from a foreign aircraft that is in the airspace over Australian territory requires an Australian launch permit or an authorisation certificate.
• A launch of a high power rocket from a facility or place in Australia requires an Australian high power rocket permit or an authorisation certificate.
• A launch of a space object from a facility or place outside Australia by an Australian national requires an overseas payload permit or an authorisation certificate.
• A return of a space object to a place or area in Australia requires an Australian launch permit, a return authorisation or an authorisation certificate.
• A return of a space object to a place or area outside Australia by an Australian national requires a return authorisation or an authorisation certificate.
• The Minister may take into account the security, defence or international relations of Australia in deciding whether to grant a licence, permit or authorisation under this Part.
• The Minister is to appoint a Launch Safety Officer for certain space activities.
A person must not operate a launch facility in Australia, or do anything directly connected with operating a launch facility in Australia, unless:
the person holds a launch facility licence for the launch facility; or
the person is a related party, for any launches conducted from the facility, of a person who holds such a licence; or
the person is acting as an employee, contractor or agent of a person who holds such a licence; or
an authorisation certificate covering the operation of the facility, or the things connected with the operation, is held by any person.
Civil penalty: 1,000 penalty units.