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

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.

an Australian resident; or

the territory of 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.

(a) the Convention on International Civil Aviation done at Chicago on 7 December 1944, whose English text is set out in Schedule 1 to the Air Navigation Act 1920; and

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.

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.

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.

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;

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.

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.

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.

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.

the Outer Space Treaty;

the Moon and other Celestial Bodies Agreement;

the Astronauts and Objects Agreement.

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.

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.

the person:

launches a space object from a launch facility in Australia; or

launches a space object from an Australian aircraft that is in flight; or

launches a space object from a foreign aircraft that is in the airspace over Australian territory; and

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

no authorisation certificate covering the launch is held by any person.

for an individual—imprisonment for 10 years or 5,500 penalty units, or both; or

for a body corporate—100,000 penalty units.

the person launches a high power rocket from a facility (whether fixed or mobile), or place, in Australia; and

the launch is not authorised by an Australian high power rocket permit held by any person; and

no authorisation certificate covering the launch is held by any person.

for an individual—imprisonment for 10 years or 5,500 penalty units, or both; or

for a body corporate—100,000 penalty units.

a space object is launched from a facility (whether fixed or mobile), or place, outside ; and

the person is a responsible party for the launch; and

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

no authorisation certificate covering the launch is held by any person.

for an individual—imprisonment for 10 years or 5,500 penalty units, or both; or

for a body corporate—100,000 penalty units.

the person returns a space object to a place or area in ; and

the return of the object to that place or area is not authorised by an Australian launch permit held by any person; and

the return of the object to that place or area is not authorised by a return authorisation held by any person; and

no authorisation certificate covering the return is held by any person.

for an individual—imprisonment for 10 years or 5,500 penalty units, or both; or

for a body corporate—100,000 penalty units.

a space object is returned to a place or area outside Australia; and

the person is a responsible party for the return; and

the return of the object to that place or area is not authorised by a return authorisation held by any person; and

no authorisation certificate covering the return is held by any person.

for an individual—imprisonment for 10 years or 5,500 penalty units, or both; or

for a body corporate—100,000 penalty units.

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

the Minister is satisfied that all necessary environmental approvals under Australian law have been obtained, and that an adequate environmental plan has been made, for the construction and operation of the launch facility; and

the Minister is satisfied that the person has sufficient funding to construct and operate the launch facility; and

the Minister is satisfied that the probability of the construction and operation of the launch facility causing substantial harm to public health or public safety or causing substantial damage to property is as low as is reasonably practicable; and

the Minister does not consider that, for reasons relevant to the security, defence or international relations of Australia, the launch facility licence should not be granted; and

the criteria (if any) prescribed by the rules are satisfied in relation to the launch facility.

must specify the day on which it comes into force; and

remains in force for the period specified in the licence, which must be no longer than 20 years; and

is granted subject to the conditions in section 20 and any other conditions specified in the licence.

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

any other condition prescribed by the rules for the purposes of this paragraph.

the holder of the licence immediately before the transfer; and

the other person.

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

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

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

the Minister considers that, for reasons relevant to the security, defence or international relations of Australia, the licence should be suspended.

the licence may be transferred under section 22; and

the licence may be revoked under section 23; and

the licence may be varied under section 23; and

the licence may be suspended under section 26; and

the licence may be transferred, revoked, varied or suspended by or under later legislation; and

no compensation is payable if the licence is transferred, revoked, varied or suspended as mentioned in any of the above paragraphs.

the launch of one or more space objects; or

a particular series of launches of space objects that, in the Minister’s opinion, having regard to the nature of any payloads to be carried, may appropriately be authorised by a single Australian launch permit;

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

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

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

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;

the Minister does not consider that, for reasons relevant to the security, defence or international relations of Australia, the permit should not be granted;

any other criteria prescribed by the rules for the purposes of this paragraph.

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

the terms of that agreement.

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

is granted subject to the conditions in section 30 and any other conditions specified in the permit.

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

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

the space object or objects must not contain a nuclear power source unless the Minister’s written approval has first been obtained;

the holder of the permit must satisfy the insurance/financial requirements in Division 7 for each launch, and each return, conducted under the permit;

any other conditions prescribed by the rules for the purposes of this paragraph.

the person is the holder of an Australian launch permit; and

the person does an act or omits to do an act; and

the act or omission contravenes a condition of the permit; and

the condition is a condition to which the permit is subject under paragraph 30(a), (b), (c) or (d).

for an individual—imprisonment for 10 year or 5,500 penalty units, or both; or

for a body corporate—100,000 penalty units.

the holder of the permit immediately before the transfer; and

the other person.

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

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

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

the Minister considers that, for reasons relevant to the security, defence or international relations of Australia, the permit should be suspended; or

an incident involving a space object covered by the permit occurs during the liability period for the launch or return of the object.

the permit may be transferred under section 32; and

the permit may be revoked under section 33; and

the permit may be varied under section 33; and

the permit may be suspended under section 36; and

the permit may be transferred, revoked, varied or suspended by or under later legislation; and

no compensation is payable if the permit is transferred, revoked, varied or suspended as mentioned in any of the above paragraphs.

the Minister is satisfied that the person who is to carry out the launch is competent to do so;

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

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

the Minister does not consider that, for reasons relevant to the security, defence or international relations of Australia, the permit should not be granted;

any other criteria prescribed by the rules for the purposes of this paragraph.

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

is granted subject to the conditions in section 40 and any other conditions specified in the permit.

the launch must not be conducted in a way that is likely to cause substantial harm to public health or public safety or to cause substantial damage to property;

the holder of the permit must satisfy the insurance/financial requirements in Division 7 for the launch conducted under the permit;

any other conditions prescribed by the rules for the purposes of this paragraph.

the person is the holder of an Australian high power rocket permit; and

the person does an act or omits to do an act; and

the act or omission contravenes a condition of the permit; and

the condition is a condition to which the permit is subject under paragraph 40(a) or (b).

for an individual—imprisonment for 10 year or 5,500 penalty units, or both; or

for a body corporate—100,000 penalty units.

the holder of the permit immediately before the transfer; and

the other person.

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

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

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

the Minister considers that, for reasons relevant to the security, defence or international relations of Australia, the permit should be suspended; or

an incident involving the high power rocket covered by the permit occurs during the liability period for the launch of the rocket.

the permit may be transferred under section 42; and

the permit may be revoked under section 43; and

the permit may be varied under section 43; and

the permit may be suspended under section 46; and

the permit may be transferred, revoked, varied or suspended by or under later legislation; and

no compensation is payable if the permit is transferred, revoked, varied or suspended as mentioned in any of the above paragraphs.

the launch of one or more space objects; or

a particular series of launches of space objects that, in the Minister’s opinion, having regard to the nature of any payloads to be carried, may appropriately be authorised by a single overseas payload permit;

either:

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

the Minister notifies the person, in writing, that, having regard to the nature and purpose of the space object or space objects concerned, those requirements are not required to be satisfied;

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

the Minister does not consider that, for reasons relevant to the security, defence or international relations of Australia, the permit should not be granted;

any other criteria prescribed by the rules for the purposes of this paragraph.

whether there is an agreement or arrangement between Australia and the other launching State, or any of the other launching States, under which that State or those States assume liability, and indemnify Australia, for any damage that the space object or objects may cause; and

the terms of that agreement or arrangement.

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

is granted subject to any conditions specified in the permit.

the holder of the permit immediately before the transfer; and

the other person.

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

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

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

if subparagraph 46B(2)(a)(i) applied—the Minister is satisfied that the insurance/financial requirements in Division 7 are not satisfied for a launch to be conducted under the permit; or

the Minister considers that, for reasons relevant to the security, defence or international relations of Australia, the permit should be suspended.

the permit may be transferred under section 46E; and

the permit may be revoked under section 46F; and

the permit may be varied under section 46F; and

the permit may be suspended under section 46J; and

the permit may be transferred, revoked, varied or suspended by or under later legislation; and

no compensation is payable if the permit is transferred, revoked, varied or suspended as mentioned in any of the above paragraphs.

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

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

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

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

the Minister is satisfied that the probability of the return or returns causing substantial harm to public health or public safety or causing substantial damage to property is as low as is reasonably practicable;

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;

the Minister does not consider that, for reasons relevant to the security, defence or international relations of Australia, the authorisation should not be given;

any other criteria prescribed by the rules for the purposes of this paragraph.

whether there is an agreement or arrangement between Australia and any country that is a launching State for any space object concerned under which that country assumes any liability, and indemnifies Australia, for any damage that the space object may cause; and

the terms of that agreement or arrangement.

the person returns a space object purportedly in accordance with a return authorisation; and

one or more of the following applies:

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

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

the space object contains a nuclear power source and the Minister’s written approval for this has not first been obtained;

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

for an individual—imprisonment for 10 years or 5,500 penalty units, or both; or

for a body corporate—100,000 penalty units.

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

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

the space object contains a nuclear power source and the Minister’s written approval for this has not first been obtained;

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

give the holder of the authorisation written notice of the Minister’s opinion specifying the reasons for that opinion; and

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

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

the Minister considers that, for reasons relevant to the security, defence or international relations of Australia, the authorisation should be suspended; or

an incident involving a space object covered by the authorisation occurs during the liability period for the return of the object.

the authorisation may be revoked under section 46P; and

the authorisation may be varied under section 46P; and

the authorisation may be suspended under section 46S; and

the authorisation may be revoked, varied or suspended by or under later legislation; and

no compensation is payable if the authorisation is revoked, varied or suspended as mentioned in any of the above paragraphs.

comes into force on a specified day or when a specified event happens; and

remains in force for a specified period (which may be a period that ends on the occurrence of a specified event).

the certificate may be revoked under section 46X; and

the certificate may be varied under section 46X; and

the certificate may be revoked or varied by or under later legislation; and

no compensation is payable if the certificate is revoked or varied as mentioned in any of the above paragraphs.

a launch or return authorised by an Australian launch permit; or

a return authorised by a return authorisation, where the return of the space object is to a place or area in Australia;

a launch authorised by an overseas payload permit; or

a return authorised by a return authorisation, where the return of the space object is to a place or area outside Australia;

the amount specified in the rules for the purposes of this paragraph (which must not exceed $100 million);

if the rules set out a method of determining an amount for the purposes of this paragraph—the amount determined using that method.

a launch of a space object covered by an Australian launch permit;

a return to a place or area in Australia of a space object covered by an Australian launch permit or a return authorisation.

to ensure that notice is given, in accordance with the rules, of the launch or return; and

to ensure that:

for a launch—no person or property is endangered by the launch, until the space object is safely in Earth orbit or beyond; or

for a return—no person or property is endangered by the return; and

to monitor the compliance by the person holding the Australian launch permit, or return authorisation, with this Act and with the conditions of the permit or authorisation.

in relation to the launch of a space object from a launch facility in Australia—with the consent of the holder of the Australian launch permit, or of any person authorised by the holder to give that consent:

enter and inspect the facility and the space object if it is at the facility; and

inspect and test any other equipment at the facility; and

in relation to the launch of a space object from an aircraft where the aircraft is in Australia—with the consent of the holder of the Australian launch permit, or of any person authorised by the holder to give that consent, enter and inspect the aircraft and the space object if it is in or on the aircraft; and

give any written directions about the launch of the space object carried out, or proposed to be carried out, that the Launch Safety Officer considers necessary to avoid any danger to persons or property, including directions to stop the launch or destroy the space object (whether before or after it is launched); and

give any written directions about the return of the space object that the Launch Safety Officer considers necessary to avoid any danger to persons or property, including directions to stop the return or destroy the space object.

the person is given a direction under paragraph 52(2)(c) or (d); and

the person does an act or omits to do an act; and

the act or omission contravenes the direction.

an application for a launch facility licence or for a transfer or variation of such a licence;

an application for an Australian launch permit or for a transfer or variation of such a permit;

an application for an Australian high power rocket permit or for a transfer or variation of such a permit;

an application for an overseas payload permit or for a transfer or variation of such a permit;

an application for a return authorisation or for a variation of such an authorisation;

an application for an authorisation certificate.

an applicant for, or the holder of, an Australian high power rocket permit; or

a launch facility licence;

an Australian launch permit;

an Australian high power rocket permit;

an overseas payload permit;

a return authorisation;

an authorisation certificate.

the object is launched from a facility (whether fixed or mobile), or place, in Australia; and

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

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

whether the damage happens in or outside it; and

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

whether or not the launch was covered by an authorisation certificate.

the negligence of the third party; or

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

the launch of a high power rocket that causes damage to which this Part applies was authorised by an Australian high power rocket permit; and

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

the launch party has paid compensation for the damage of an amount equal to the insured amount for the Australian high power rocket permit; and

(b) apart from this section, the launch party would be liable to pay further compensation to Australian nationals for the damage of an amount (the excess amount) in excess of the insured amount for the Australian high power rocket permit;

within 1 year after the day on which the damage occurred; or

if, when the damage occurred, the person bringing the action did not know that it had occurred—within 1 year after the day on which the person:

became aware of the damage; or

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

the Federal Court;

the Federal Circuit Court.

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.

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

the rocket causes damage to other property;

the rocket is destroyed or seriously damaged; and

subsection (1A) does not apply;

the person fails to attend before the Investigator in accordance with a requirement under subsection 91(1); or

the person refuses to take an oath or make an affirmation in accordance with a requirement under subsection 91(3); or

the person refuses or fails to answer a question in accordance with a requirement under subsection 91(1); or

the person fails to give the Investigator a thing in accordance with a requirement under subsection 91(1) and it would have been reasonably practicable for the person to have done so.

a requirement is made of the person under subsection 91(1); and

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

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

a requirement is made of the person under subsection 91(1); and

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

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

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

the rocket causes damage to other property;

the person removes or otherwise interferes with a thing that is in the custody of the Minister or Investigator under subsection (1) or (1A); and

the person removes or otherwise interferes with the thing without:

if the thing is in the custody of the Minister—the Minister’s permission; or

if the thing is in the custody of the Investigator—the Investigator’s permission.

make any still or moving image or any recording of the accident site, the space object, the high power rocket or any other thing on or in the site;

the person has been issued with an identity card under this section; and

the person ceases to be an Investigator; and

the person does not, as soon as practicable after so ceasing, return the identity card to the Minister.

an accident site has been secured under subsection 99(1); and

the person enters or remains on the site without the Investigator’s permission.

giving effect to the Chicago Convention; and

required or permitted by this Act to be prescribed by the rules; or

necessary or convenient to be prescribed for carrying out or giving effect to this Act.

create an offence or civil penalty;

provide powers of:

arrest or detention; or

entry, search or seizure;

impose a tax;

set an amount to be appropriated from the Consolidated Revenue Fund under an appropriation in this Act;

directly amend the text of this Act.

(a) a launch permit is in force under the Space Activities Act 1998 immediately before the commencement of this item; and

immediately before that commencement, one or more launches covered by the permit have not occurred;

(a) an overseas launch certificate is in force under the Space Activities Act 1998 immediately before the commencement of this item; and

immediately before that commencement, one or more launches covered by the certificate have not occurred;

(a) an authorisation under Space Activities Act 1998 is in force immediately before the commencement of this item; andsection 43 of the

immediately before that commencement, one or more returns covered by the authorisation have not occurred;

(a) an exemption certificate is in force under the Space Activities Act 1998 immediately before the commencement of this item in relation to section 11 of that Act; and

immediately before that commencement, the launch concerned had not occurred;

(a) an exemption certificate is in force under the Space Activities Act 1998 immediately before the commencement of this item in relation to section 13 of that Act; and

immediately before that commencement, the return concerned had not occurred;

(a) an application for an authorisation under Space Activities Act 1998 was made before the commencement of this item; andsection 43 of the

immediately before that commencement, the application had not been decided;

create an offence or civil penalty;

provide powers of:

arrest or detention; or

entry, search or seizure;

impose a tax;

set an amount to be appropriated from the Consolidated Revenue Fund under an appropriation in this Act;

directly amend the text of this Schedule.