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This is a Bill, not an Act. For current law, see the Acts databases.
2016-2017-2018
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Space Activities Amendment (Launches
and Returns) Bill 2018
No. , 2018
(Jobs and Innovation)
A Bill for an Act to amend the Space Activities Act
1998, and for related purposes
No. , 2018
Space Activities Amendment (Launches and Returns) Bill 2018
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Main amendments
3
Space Activities Act 1998
3
Schedule 2--Consequential amendments
71
Customs Tariff Act 1995
71
No. , 2018
Space Activities Amendment (Launches and Returns) Bill 2018
1
A Bill for an Act to amend the Space Activities Act
1
1998, and for related purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act is the Space Activities Amendment (Launches and
5
Returns) Act 2018.
6
2 Commencement
7
(1) Each provision of this Act specified in column 1 of the table
8
commences, or is taken to have commenced, in accordance with
9
column 2 of the table. Any other statement in column 2 has effect
10
according to its terms.
11
12
2
Space Activities Amendment (Launches and Returns) Bill 2018
No. , 2018
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. The whole of
this Act
A single day to be fixed by Proclamation.
However, if the provisions do not commence
within the period of 12 months beginning on
the day this Act receives the Royal Assent,
they commence on the day after the end of
that period.
Note:
This table relates only to the provisions of this Act as originally
1
enacted. It will not be amended to deal with any later amendments of
2
this Act.
3
(2) Any information in column 3 of the table is not part of this Act.
4
Information may be inserted in this column, or information in it
5
may be edited, in any published version of this Act.
6
3 Schedules
7
Legislation that is specified in a Schedule to this Act is amended or
8
repealed as set out in the applicable items in the Schedule
9
concerned, and any other item in a Schedule to this Act has effect
10
according to its terms.
11
Main amendments Schedule 1
No. , 2018
Space Activities Amendment (Launches and Returns) Bill 2018
3
Schedule 1--Main amendments
1
2
Space Activities Act 1998
3
1 Title
4
After "space activities", insert "and high power rockets".
5
2 Before section 1
6
Insert:
7
Division 1--Preliminary provisions
8
3 Section 1
9
Omit "Space Activities Act 1998", substitute "Space (Launches and
10
Returns) Act 2018".
11
Note:
This item amends the short title of the Act. If another amendment of the Act is
12
described by reference to the Act's previous short title, that other amendment has effect
13
after the commencement of this item as an amendment of the Act under its amended
14
short title (see section 10 of the Acts Interpretation Act 1901).
15
4 Paragraph 3(b)
16
Repeal the paragraph, substitute:
17
(aa) to establish a system for the regulation of the launch of high
18
power rockets in Australia; and
19
(b) to ensure that a reasonable balance is achieved between:
20
(i) the removal of barriers to participation in space
21
activities and the encouragement of innovation and
22
entrepreneurship in the space industry; and
23
(ii) the safety of space activities, and the risk of damage to
24
persons or property as a result of space activities,
25
regulated by this Act; and
26
5 Paragraph 3(c)
27
Omit "Treaties; and", substitute "Treaties.".
28
6 Paragraph 3(d)
29
Repeal the paragraph.
30
Schedule 1 Main amendments
4
Space Activities Amendment (Launches and Returns) Bill 2018
No. , 2018
7 Section 4
1
Repeal the section, substitute:
2
4 Simplified outline of this Act
3
•
Persons carrying on various space activities or launches of
4
high power rockets in Australia must have the activities or
5
launches approved.
6
•
Australian nationals carrying on various space activities
7
outside Australia must have the activities approved.
8
•
There are provisions about liability for damage caused by
9
space objects or high power rockets.
10
•
There is a Register of Space Objects that is publicly available
11
on the Department's website. The register includes details for
12
certain space objects launched under an Australian launch
13
permit, overseas payload permit or authorisation certificate.
14
•
Investigators can investigate accidents or incidents involving:
15
(a)
a space object launched from a launch facility in
16
Australia or from an aircraft that is in the airspace over
17
Australian territory; or
18
(b)
a space object returned to a place or area in Australia; or
19
(c)
a high power rocket launched from a facility or place in
20
Australia.
21
8 After section 6
22
Insert:
23
6A Extraterritorial operation
24
(1) This Act applies both within and outside Australia.
25
(2) Section 14.1 of the Criminal Code does not apply to an offence
26
against this Act.
27
Main amendments Schedule 1
No. , 2018
Space Activities Amendment (Launches and Returns) Bill 2018
5
9 Part 2 (heading)
1
Repeal the heading, substitute:
2
Division 2--Definitions
3
10 Section 8
4
Insert:
5
aircraft means any machine or craft that can derive support in the
6
atmosphere from the reactions of the air, other than the reactions of
7
the air against the earth's surface.
8
11 Section 8 (definition of approved scientific or educational
9
organisation)
10
Repeal the definition.
11
12 Section 8
12
Insert:
13
Astronauts and Objects Agreement means the Agreement on the
14
Rescue of Astronauts, the Return of Astronauts and the Return of
15
Objects Launched into Outer Space, done at London, Moscow and
16
Washington on 22 April 1968, as amended and in force for
17
Australia from time to time.
18
Note:
The Agreement is in Australian Treaty Series 1986 No. 8 ([1986] ATS
19
8) and could in 2018 be viewed in the Australian Treaties Library on
20
the AustLII website (http://www.austlii.edu.au).
21
Australian aircraft means an aircraft registered in Australia.
22
Australian high power rocket permit means a permit granted
23
under section 38.
24
Australian launch permit means a permit granted under
25
section 28.
26
13 Section 8 (after paragraph (a) of the definition of
27
Australian national)
28
Insert:
29
(aa) an Australian resident; or
30
Schedule 1 Main amendments
6
Space Activities Amendment (Launches and Returns) Bill 2018
No. , 2018
14 Section 8
1
Insert:
2
Australian resident means an individual who resides in Australia
3
and is the holder (within the meaning of the Migration Act 1958) of
4
a permanent visa (within the meaning of that Act).
5
Australian territory means the following:
6
(a) the territory of Australia and of each external Territory;
7
(b) the territorial sea of Australia;
8
(c) the waters of the sea on the landward side of the territorial
9
sea of Australia, but not within the limits of a State or
10
internal Territory;
11
(d) the territorial sea of each external Territory;
12
(e) the waters of the sea on the landward side of the territorial
13
sea of each external Territory, but not within the limits of the
14
external Territory.
15
authorisation certificate means a certificate issued under
16
section 46U.
17
Chicago Convention means:
18
(a) the Convention on International Civil Aviation done at
19
Chicago on 7 December 1944, whose English text is set out
20
in Schedule 1 to the Air Navigation Act 1920; and
21
(b) the Protocols amending that Convention that are referred to
22
in subsection 3A(2) of that Act, whose English texts are set
23
out in Schedules to that Act; and
24
(c) the Annexes to that Convention that relate to international
25
standards and recommended practices and that are adopted in
26
accordance with that Convention.
27
15 Section 8 (definition of civil penalty provision)
28
Repeal the definition, substitute:
29
civil penalty provision has the same meaning as in the Regulatory
30
Powers Act.
31
16 Section 8 (definition of damage)
32
Repeal the definition, substitute:
33
Main amendments Schedule 1
No. , 2018
Space Activities Amendment (Launches and Returns) Bill 2018
7
damage:
1
(a) in relation to a space object--has the same meaning as in the
2
Liability Convention; and
3
(b) in relation to a high power rocket--means loss of life,
4
personal injury or other impairment of health or loss of or
5
damage to property of persons.
6
17 Section 8 (definition of exemption certificate)
7
Repeal the definition.
8
18 Section 8
9
Insert:
10
Federal Circuit Court means the Federal Circuit Court of
11
Australia.
12
Federal Court means the Federal Court of Australia.
13
foreign aircraft means an aircraft that is not an Australian aircraft.
14
19 Section 8 (definition of gross negligence)
15
Omit "regulations" (wherever occurring), substitute "rules".
16
20 Section 8
17
Insert:
18
high power rocket means an object of a kind prescribed by the
19
rules for the purposes of this definition.
20
21 Section 8 (definition of insured amount)
21
Omit "a launch permit, overseas launch certificate or section 43
22
authorisation", substitute "an Australian launch permit, Australian high
23
power rocket permit, overseas payload permit or return authorisation".
24
22 Section 8 (definition of insured amount)
25
Omit ", certificate" (wherever occurring).
26
23 Section 8 (definition of intergovernmental agreement with
27
Russia)
28
Repeal the definition.
29
Schedule 1 Main amendments
8
Space Activities Amendment (Launches and Returns) Bill 2018
No. , 2018
24 Section 8 (definition of launch)
1
Repeal the definition, substitute:
2
launch:
3
(a) a space object, means launch the whole or a part of the object
4
into an area beyond the distance of 100 km above mean sea
5
level, or attempt to do so; or
6
(b) a high power rocket, means launch the rocket into an area
7
that is not beyond the distance of 100 km above mean sea
8
level, or attempt to do so.
9
25 Section 8
10
Insert:
11
launch facility licence means a licence granted under section 18.
12
launch party, for the launch of a high power rocket, means:
13
(a) in the case of a launch authorised by an Australian high
14
power rocket permit--the holder of the permit; or
15
(b) in the case of a launch that:
16
(i) is not authorised as mentioned in paragraph (a); but
17
(ii) is covered by an authorisation certificate;
18
the holder of the authorisation certificate; or
19
(c) in any other case--each of the following persons:
20
(i) the person or persons who carried out the launch of the
21
high power rocket;
22
(ii) any other person specified in the rules made for the
23
purposes of this definition.
24
26 Section 8 (definition of launch permit)
25
Repeal the definition.
26
27 Section 8 (definition of Launch Safety Officer)
27
Repeal the definition, substitute:
28
Launch Safety Officer means:
29
(a) for a launch of a space object covered by an Australian
30
launch permit--the person appointed under section 50 for the
31
launch; or
32
Main amendments Schedule 1
No. , 2018
Space Activities Amendment (Launches and Returns) Bill 2018
9
(b) for a return to a place or area in Australia of a space object
1
covered by an Australian launch permit or a return
2
authorisation--the person appointed under section 50 for the
3
return.
4
28 Section 8 (definition of launch vehicle)
5
Repeal the definition.
6
29 Section 8 (definition of Liability Convention)
7
Repeal the definition, substitute:
8
Liability Convention means the Convention on International
9
Liability for Damage Caused by Space Objects, done at London,
10
Moscow and Washington on 29 March 1972, as amended and in
11
force for Australia from time to time.
12
Note:
The Convention is in Australian Treaty Series 1975 No. 5 ([1975]
13
ATS 5) and could in 2018 be viewed in the Australian Treaties
14
Library on the AustLII website (http://www.austlii.edu.au).
15
30 Section 8 (paragraphs (a) and (b) of the definition of
16
liability period)
17
Omit "regulations", substitute "rules".
18
31 Section 8 (at the end of the definition of liability period)
19
Add:
20
; and (c) for the launch of a high power rocket--the period of 30 days
21
beginning when the launch takes place, or such other period
22
as is specified in the rules.
23
32 Section 8 (definition of licensed launch facility)
24
Omit "space licence: see section 18", substitute "launch facility
25
licence".
26
33 Section 8
27
Insert:
28
Moon and other Celestial Bodies Agreement means the
29
Agreement Governing the Activities of States on the Moon and
30
other Celestial Bodies, done at New York on 18 December 1979,
31
as amended and in force for Australia from time to time.
32
Schedule 1 Main amendments
10
Space Activities Amendment (Launches and Returns) Bill 2018
No. , 2018
Note:
The Agreement is in Australian Treaty Series 1986 No. 14 ([1986]
1
ATS 14) and could in 2018 be viewed in the Australian Treaties
2
Library on the AustLII website (http://www.austlii.edu.au).
3
Outer Space Treaty means the Treaty on Principles Governing the
4
Activities of States in the Exploration and Use of Outer Space,
5
including the Moon and other Celestial Bodies, done at London,
6
Moscow and Washington on 27 January 1967, as amended and in
7
force for Australia from time to time.
8
Note:
The Treaty is in Australian Treaty Series 1967 No. 24 ([1967] ATS
9
24) and could in 2018 be viewed in the Australian Treaties Library on
10
the AustLII website (http://www.austlii.edu.au).
11
34 Section 8 (definition of overseas launch certificate)
12
Repeal the definition.
13
35 Section 8
14
Insert:
15
overseas payload permit means a permit granted under
16
section 46B.
17
36 Section 8 (definition of payload)
18
Repeal the definition.
19
37 Section 8 (definition of Registration Convention)
20
Repeal the definition, substitute:
21
Registration Convention means the Convention on Registration of
22
Objects Launched into Outer Space, done at New York on
23
14 January 1975, as amended and in force for Australia from time
24
to time.
25
Note:
The Convention is in Australian Treaty Series 1986 No. 5 ([1986]
26
ATS 5) and could in 2018 be viewed in the Australian Treaties
27
Library on the AustLII website (http://www.austlii.edu.au).
28
38 Section 8
29
Insert:
30
Regulatory Powers Act means the Regulatory Powers (Standard
31
Provisions) Act 2014.
32
Main amendments Schedule 1
No. , 2018
Space Activities Amendment (Launches and Returns) Bill 2018
11
39 Section 8 (paragraph (a) of the definition of responsible
1
party)
2
Omit "a launch permit", substitute "an Australian launch permit".
3
40 Section 8 (paragraph (b) of the definition of responsible
4
party)
5
Omit "a permission under subsection 43(1)--the holder of the
6
permission", substitute "a return authorisation--the holder of the
7
authorisation".
8
41 Section 8 (paragraph (c) of the definition of responsible
9
party)
10
Repeal the paragraph.
11
42 Section 8 (subparagraph (d)(i) of the definition of
12
responsible party)
13
Omit ", (b) or (c)", substitute "or (b)".
14
43 Section 8 (subparagraph (d)(ii) of the definition of
15
responsible party)
16
Omit "exemption certificate (see section 46)", substitute "authorisation
17
certificate".
18
44 Section 8 (paragraph (d) of the definition of responsible
19
party)
20
Omit "the exemption certificate", substitute "the authorisation
21
certificate".
22
45 Section 8 (paragraph (e) of the definition of responsible
23
party)
24
Omit "overseas launch certificate--the holder of the certificate",
25
substitute "overseas payload permit--the holder of the permit".
26
46 Section 8 (subparagraph (f)(iii) of the definition of
27
responsible party)
28
Omit "regulations", substitute "the rules".
29
Schedule 1 Main amendments
12
Space Activities Amendment (Launches and Returns) Bill 2018
No. , 2018
47 Section 8 (definition of responsible party)
1
Omit "But, in relation to a launch to which paragraph (f) applies, if the
2
space object was launched from a launch facility outside Australia,",
3
substitute "But, in relation to a launch or return to which paragraph (f)
4
applies, if the space object was launched from a facility (whether fixed
5
or mobile), or place, outside Australia, or if the space object was
6
returned to a place or area outside Australia,".
7
48 Section 8
8
Insert:
9
return authorisation means an authorisation given under
10
section 46L.
11
rules means the rules made by the Minister under section 110.
12
49 Section 8 (definition of space licence)
13
Repeal the definition.
14
50 Subsection 8(1) (definition of space object)
15
Repeal the definition, substitute:
16
space object means:
17
(a) an object the whole or a part of which is to go into or come
18
back from an area beyond the distance of 100 km above
19
mean sea level; or
20
(b) any part of such an object, even if the part is to go only some
21
of the way towards or back from an area beyond the distance
22
of 100 km above mean sea level.
23
51 Section 8 (definition of standard launch permit condition)
24
Repeal the definition.
25
52 Section 8 (definition of third party)
26
Repeal the definition, substitute:
27
third party:
28
(a) for the launch or return of a space object--means a person
29
who is not a responsible party for the launch or return and
30
Main amendments Schedule 1
No. , 2018
Space Activities Amendment (Launches and Returns) Bill 2018
13
who is not a related party (see section 9) of any responsible
1
party for the launch or return; and
2
(b) for the launch of a high power rocket--means a person who
3
is not a launch party for the launch and who is not a related
4
party (see section 9) of any launch party for the launch.
5
53 Section 8 (paragraphs (c), (d) and (e) of the definition of
6
UN space treaties)
7
Repeal the paragraphs, substitute:
8
(c) the Outer Space Treaty;
9
(d) the Moon and other Celestial Bodies Agreement;
10
(e) the Astronauts and Objects Agreement.
11
54 Sections 8A to 8C
12
Repeal the sections.
13
55 After subsection 9(1)
14
Insert:
15
(1A) A person (the first person) is a related party of a launch party for
16
the launch of a high power rocket if:
17
(a) the first person has a financial or ownership interest in all or
18
part of the high power rocket; or
19
(b) the first person was involved in preparing all or part of the
20
high power rocket for the launch; or
21
(c) the first person is a contractor, subcontractor or supplier
22
involved in the launch or the preparation of all or part of the
23
high power rocket for the launch; or
24
(d) the first person is a director, officer, employee or agent of the
25
launch party.
26
56 Subsection 9(2)
27
Omit "regulations", substitute "rules".
28
57 At the end of subsection 9(2)
29
Add "or a launch party".
30
58 Part 3 (heading)
31
Repeal the heading, substitute:
32
Schedule 1 Main amendments
14
Space Activities Amendment (Launches and Returns) Bill 2018
No. , 2018
Part 3--Regulation of space activities and high
1
power rockets
2
59 Section 10
3
Repeal the section, substitute:
4
Division 1A--Simplified outline of this Part
5
10 Simplified outline of this Part
6
•
The operation of a launch facility in Australia requires a
7
launch facility licence.
8
•
A launch of a space object from a launch facility in Australia,
9
from an Australian aircraft that is in flight or from a foreign
10
aircraft that is in the airspace over Australian territory requires
11
an Australian launch permit or an authorisation certificate.
12
•
A launch of a high power rocket from a facility or place in
13
Australia requires an Australian high power rocket permit or
14
an authorisation certificate.
15
•
A launch of a space object from a facility or place outside
16
Australia by an Australian national requires an overseas
17
payload permit or an authorisation certificate.
18
•
A return of a space object to a place or area in Australia
19
requires an Australian launch permit, a return authorisation or
20
an authorisation certificate.
21
•
A return of a space object to a place or area outside Australia
22
by an Australian national requires a return authorisation or an
23
authorisation certificate.
24
•
The Minister may take into account the security, defence or
25
international relations of Australia in deciding whether to
26
grant a licence, permit or authorisation under this Part.
27
Main amendments Schedule 1
No. , 2018
Space Activities Amendment (Launches and Returns) Bill 2018
15
•
The Minister is to appoint a Launch Safety Officer for certain
1
space activities.
2
60 Division 1 of Part 3 (heading)
3
Repeal the heading, substitute:
4
Division 1--Offences and civil penalties
5
61 Sections 11 to 15
6
Repeal the sections, substitute:
7
11 Launch facility licence required to operate a launch facility in
8
Australia
9
A person must not operate a launch facility in Australia, or do
10
anything directly connected with operating a launch facility in
11
Australia, unless:
12
(a) the person holds a launch facility licence for the launch
13
facility; or
14
(b) the person is a related party, for any launches conducted from
15
the facility, of a person who holds such a licence; or
16
(c) the person is acting as an employee, contractor or agent of a
17
person who holds such a licence; or
18
(d) an authorisation certificate covering the operation of the
19
facility, or the things connected with the operation, is held by
20
any person.
21
Civil penalty:
1,000 penalty units.
22
12 Launch of space object from Australian launch facility,
23
Australian aircraft or foreign aircraft in airspace over
24
Australian territory
25
A person commits an offence if:
26
(a) the person:
27
(i) launches a space object from a launch facility in
28
Australia; or
29
(ii) launches a space object from an Australian aircraft that
30
is in flight; or
31
Schedule 1 Main amendments
16
Space Activities Amendment (Launches and Returns) Bill 2018
No. , 2018
(iii) launches a space object from a foreign aircraft that is in
1
the airspace over Australian territory; and
2
(b) the launch is not authorised by an Australian launch permit
3
held by any person; and
4
(c) no authorisation certificate covering the launch is held by any
5
person.
6
Penalty:
7
(a) for an individual--imprisonment for 10 years or 5,500
8
penalty units, or both; or
9
(b) for a body corporate--100,000 penalty units.
10
13 Launch of high power rocket from Australia
11
A person commits an offence if:
12
(a) the person launches a high power rocket from a facility
13
(whether fixed or mobile), or place, in Australia; and
14
(b) the launch is not authorised by an Australian high power
15
rocket permit held by any person; and
16
(c) no authorisation certificate covering the launch is held by any
17
person.
18
Penalty:
19
(a) for an individual--imprisonment for 10 years or 5,500
20
penalty units, or both; or
21
(b) for a body corporate--100,000 penalty units.
22
14 Launch of space object from outside Australia
23
A person commits an offence if:
24
(a) a space object is launched from a facility (whether fixed or
25
mobile), or place, outside Australia; and
26
(b) the person is a responsible party for the launch; and
27
(c) the launch is not authorised by an overseas payload permit
28
held by any person; and
29
(d) no authorisation certificate covering the launch is held by any
30
person.
31
Note:
In this context, the effect of the definition of responsible party in
32
section 8 is that the person is a responsible party only if the person is
33
also an Australian national.
34
Main amendments Schedule 1
No. , 2018
Space Activities Amendment (Launches and Returns) Bill 2018
17
Penalty:
1
(a) for an individual--imprisonment for 10 years or 5,500
2
penalty units, or both; or
3
(b) for a body corporate--100,000 penalty units.
4
15 Return of space object to Australia
5
A person commits an offence if:
6
(a) the person returns a space object to a place or area in
7
Australia; and
8
(b) the return of the object to that place or area is not authorised
9
by an Australian launch permit held by any person; and
10
(c) the return of the object to that place or area is not authorised
11
by a return authorisation held by any person; and
12
(d) no authorisation certificate covering the return is held by any
13
person.
14
Penalty:
15
(a) for an individual--imprisonment for 10 years or 5,500
16
penalty units, or both; or
17
(b) for a body corporate--100,000 penalty units.
18
15A Return of space object outside Australia
19
A person commits an offence if:
20
(a) a space object is returned to a place or area outside Australia;
21
and
22
(b) the person is a responsible party for the return; and
23
(c) the return of the object to that place or area is not authorised
24
by a return authorisation held by any person; and
25
(d) no authorisation certificate covering the return is held by any
26
person.
27
Note:
In this context, the effect of the definition of responsible party in
28
section 8 is that the person is a responsible party only if the person is
29
also an Australian national.
30
Penalty:
31
(a) for an individual--imprisonment for 10 years or 5,500
32
penalty units, or both; or
33
(b) for a body corporate--100,000 penalty units.
34
Schedule 1 Main amendments
18
Space Activities Amendment (Launches and Returns) Bill 2018
No. , 2018
62 Section 16 (example)
1
Omit "space licence or launch permit", substitute "launch facility
2
licence or Australian launch permit".
3
63 Divisions 2 to 6 of Part 3
4
Repeal the Divisions, substitute:
5
Division 2--Launch facility licences
6
18 Granting a launch facility licence
7
The Minister may grant to a person a launch facility licence
8
covering a particular launch facility in Australia if:
9
(a) the Minister is satisfied that the person is competent to
10
operate the launch facility; and
11
(b) the Minister is satisfied that all necessary environmental
12
approvals under Australian law have been obtained, and that
13
an adequate environmental plan has been made, for the
14
construction and operation of the launch facility; and
15
(c) the Minister is satisfied that the person has sufficient funding
16
to construct and operate the launch facility; and
17
(d) the Minister is satisfied that the probability of the
18
construction and operation of the launch facility causing
19
substantial harm to public health or public safety or causing
20
substantial damage to property is as low as is reasonably
21
practicable; and
22
(e) the Minister does not consider that, for reasons relevant to the
23
security, defence or international relations of Australia, the
24
launch facility licence should not be granted; and
25
(f) the criteria (if any) prescribed by the rules are satisfied in
26
relation to the launch facility.
27
19 Terms of launch facility licence
28
A launch facility licence:
29
(a) must specify the day on which it comes into force; and
30
(b) remains in force for the period specified in the licence, which
31
must be no longer than 20 years; and
32
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(c) is granted subject to the conditions in section 20 and any
1
other conditions specified in the licence.
2
20 Standard launch facility licence conditions
3
The following are conditions of each launch facility licence
4
granted to a person, except to the extent that the licence otherwise
5
specifies:
6
(a) the holder of the licence must give the Minister any
7
information that the Minister asks for under section 60 about
8
the licence;
9
(b) any other condition prescribed by the rules for the purposes
10
of this paragraph.
11
21 Breaching a launch facility licence condition
12
The holder of a launch facility licence must not contravene a
13
condition of the licence.
14
Civil penalty:
1,000 penalty units.
15
22 Transfer of launch facility licence
16
(1) The Minister may, by written notice, transfer a launch facility
17
licence to another person if the Minister could grant the licence to
18
the other person under section 18.
19
Note:
See section 25 for the procedure for transferring a launch facility
20
licence.
21
(2) The transfer takes effect at the time specified in the notice.
22
(3) The Minister must give a copy of the notice to:
23
(a) the holder of the licence immediately before the transfer; and
24
(b) the other person.
25
(4) The licence continues to cover the same launch facility.
26
(5) The licence is subject to the same conditions as those in force
27
immediately before the transfer (unless the Minister varies the
28
conditions).
29
(6) The period for which the licence remains in force continues to run
30
despite the transfer.
31
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Space Activities Amendment (Launches and Returns) Bill 2018
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23 Varying or revoking a launch facility licence
1
(1) The Minister may, in writing, vary or revoke a launch facility
2
licence held by a person.
3
Note:
See section 25 for the procedure for varying or revoking a launch
4
facility licence.
5
(2) The Minister must give notice of the variation or revocation to the
6
person. The notice must specify the day the variation or revocation
7
takes effect.
8
24 Applying for the grant, variation or transfer of a launch facility
9
licence
10
(1) An application for the grant, variation or transfer of a launch
11
facility licence must be made in accordance with the rules.
12
(2) Without limiting subsection (1), the rules may provide for the
13
lodging of documents at times worked out in accordance with the
14
rules.
15
25 Procedure etc.
16
(1) If the Minister considers that there may be grounds to vary, revoke
17
or transfer a launch facility licence (other than at the licensee's
18
request), the Minister must:
19
(a) give the licensee written notice of the Minister's opinion
20
specifying the reasons for that opinion; and
21
(b) invite the licensee to make a written submission to the
22
Minister about the matter within a reasonable period
23
specified in the notice.
24
(2) In deciding whether to vary, revoke or transfer a launch facility
25
licence, the Minister must consider the matters raised in any
26
submission received within the period specified in the notice.
27
(3) The Minister must not vary a launch facility licence in a way that
28
changes the location of the licensed launch facility.
29
(4) The rules may prescribe other ways in which the Minister must not
30
vary a launch facility licence.
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26 Suspending a launch facility licence
1
(1) The Minister may, in writing, suspend a launch facility licence if:
2
(a) the holder of the licence contravenes a condition of the
3
licence; or
4
(b) the Minister considers that, for reasons relevant to the
5
security, defence or international relations of Australia, the
6
licence should be suspended.
7
(2) The Minister must give notice of the suspension to the holder of
8
the licence. The notice must specify the day the suspension takes
9
effect.
10
(3) A launch facility licence has no effect while suspended, but the
11
period for which it remains in force continues to run despite the
12
suspension.
13
(4) The Minister may, in writing, revoke a suspension under
14
subsection (1).
15
(5) The Minister must give notice of the revocation to the holder of the
16
licence. The notice must specify the day the revocation takes
17
effect.
18
(6) The Minister may vary or revoke a launch facility licence even
19
while it is suspended.
20
27 Basis on which launch facility licence is granted
21
A launch facility licence is granted on the basis that:
22
(a) the licence may be transferred under section 22; and
23
(b) the licence may be revoked under section 23; and
24
(c) the licence may be varied under section 23; and
25
(d) the licence may be suspended under section 26; and
26
(e) the licence may be transferred, revoked, varied or suspended
27
by or under later legislation; and
28
(f) no compensation is payable if the licence is transferred,
29
revoked, varied or suspended as mentioned in any of the
30
above paragraphs.
31
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Division 3--Australian launch permits
1
28 Granting an Australian launch permit
2
(1) The Minister may grant to a person an Australian launch permit
3
authorising:
4
(a) the launch of one or more space objects; or
5
(b) a particular series of launches of space objects that, in the
6
Minister's opinion, having regard to the nature of any
7
payloads to be carried, may appropriately be authorised by a
8
single Australian launch permit;
9
from a specified launch facility in Australia, a specified Australian
10
aircraft that is in flight or a specified foreign aircraft that is in the
11
airspace over Australian territory.
12
(2) The Australian launch permit may also authorise one or more space
13
objects to be returned, in connection with the launch or launches,
14
to a specified place or area in Australia.
15
Note:
A returning space object need not be the same as the space object
16
launched. For example, a launch vehicle could carry a payload into an
17
area beyond the distance of 100 km above mean sea level and return
18
without it, or even collect a different payload from an area beyond the
19
distance of 100 km above mean sea level and return that to Earth.
20
(3) The Minister may grant the Australian launch permit to the person
21
only if all of the following criteria are met:
22
(a) the Minister is satisfied that the person who is to carry out the
23
launch or launches, and any connected return, is competent to
24
do so;
25
(b) the Minister is satisfied that the insurance/financial
26
requirements in Division 7 will be satisfied for the launch or
27
launches, and any connected return;
28
(c) the Minister is satisfied that the probability of the launch or
29
launches, or any connected return, causing substantial harm
30
to public health or public safety or causing substantial
31
damage to property is as low as is reasonably practicable;
32
(d) the space object or objects concerned are not and do not
33
contain a nuclear weapon or a weapon of mass destruction of
34
any other kind;
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(e) the Minister does not consider that, for reasons relevant to the
1
security, defence or international relations of Australia, the
2
permit should not be granted;
3
(f) any other criteria prescribed by the rules for the purposes of
4
this paragraph.
5
(4) If a foreign country is also a launching State for the space object or
6
any of the space objects, the Minister may, in deciding whether to
7
grant the Australian launch permit, have regard to:
8
(a) whether there is an agreement between Australia and that
9
foreign country under which that foreign country assumes
10
any liability, and indemnifies Australia, for any damage that
11
the space object or objects may cause; and
12
(b) the terms of that agreement.
13
(5) Subsections (3) and (4) do not limit the matters to which the
14
Minister may have regard.
15
29 Terms of Australian launch permit
16
(1) An Australian launch permit authorising the launch of a space
17
object or objects, and any connected return:
18
(a) must specify the day on which the permit comes into force
19
and the period for which it remains in force; and
20
(b) is granted subject to the conditions in section 30 and any
21
other conditions specified in the permit.
22
(2) An Australian launch permit may specify that the period for which
23
it remains in force ends on the occurrence of a particular event
24
(rather than at a specified time). For this purpose, the rules may set
25
out how to determine when events of a particular kind occur.
26
Example: An Australian launch permit might specify that it expires when the
27
relevant launch has been (successfully or unsuccessfully) completed.
28
The rules could set out how to determine when this is.
29
(3) At any time when an Australian launch permit is in force, the
30
Minister may, by written notice given to the holder of the permit,
31
extend or further extend the period for which the permit remains in
32
force.
33
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30 Standard Australian launch permit conditions
1
The following are conditions of each Australian launch permit,
2
except to the extent that the permit otherwise specifies:
3
(a) the launch or launches, and any connected return, must not be
4
conducted in a way that is likely to cause substantial harm to
5
public health or public safety or to cause substantial damage
6
to property;
7
(b) the space object or objects must not be or contain a nuclear
8
weapon or a weapon of mass destruction of any other kind;
9
(c) the space object or objects must not contain a nuclear power
10
source unless the Minister's written approval has first been
11
obtained;
12
(d) the holder of the permit must satisfy the insurance/financial
13
requirements in Division 7 for each launch, and each return,
14
conducted under the permit;
15
(e) any other conditions prescribed by the rules for the purposes
16
of this paragraph.
17
31 Breaching an Australian launch permit condition
18
Offence
19
(1) A person commits an offence if:
20
(a) the person is the holder of an Australian launch permit; and
21
(b) the person does an act or omits to do an act; and
22
(c) the act or omission contravenes a condition of the permit; and
23
(d) the condition is a condition to which the permit is subject
24
under paragraph 30(a), (b), (c) or (d).
25
Penalty:
26
(a) for an individual--imprisonment for 10 year or 5,500 penalty
27
units, or both; or
28
(b) for a body corporate--100,000 penalty units.
29
Civil penalty
30
(2) The holder of an Australian launch permit must not contravene a
31
condition of the permit.
32
Civil penalty:
1,000 penalty units.
33
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32 Transfer of Australian launch permit
1
(1) The Minister may, by written notice, transfer an Australian launch
2
permit to another person if the Minister could grant the permit to
3
the other person under section 28.
4
Note:
See section 35 for the procedure for transferring an Australian launch
5
permit.
6
(2) The transfer takes effect at the time specified in the notice.
7
(3) The Minister must give a copy of the notice to:
8
(a) the holder of the permit immediately before the transfer; and
9
(b) the other person.
10
(4) The permit continues to cover the same launch facility, Australian
11
aircraft or foreign aircraft and the same space object or objects.
12
(5) The permit is subject to the same conditions as those in force
13
immediately before the transfer (unless the Minister varies the
14
conditions).
15
(6) The period for which the permit remains in force continues to run
16
despite the transfer.
17
33 Varying or revoking an Australian launch permit
18
(1) The Minister may, in writing, vary or revoke an Australian launch
19
permit held by a person.
20
Note:
See section 35 for the procedure for varying or revoking an Australian
21
launch permit.
22
(2) The Minister must give notice of the variation or revocation to the
23
person. The notice must specify the day the variation or revocation
24
takes effect.
25
34 Applying for the grant, variation or transfer of an Australian
26
launch permit
27
(1) An application for the grant, variation or transfer of an Australian
28
launch permit must be made in accordance with the rules.
29
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Space Activities Amendment (Launches and Returns) Bill 2018
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Debris mitigation strategy
1
(2) Without limiting subsection (1), an application for the grant of an
2
Australian launch permit must include a strategy for debris
3
mitigation.
4
(3) The strategy must address the matters prescribed by the rules for
5
the purposes of this subsection.
6
(4) Subsection (3) does not limit the matters that may be included in
7
the strategy.
8
35 Procedure etc.
9
(1) If the Minister considers that there may be grounds to vary, revoke
10
or transfer an Australian launch permit (other than at the permit
11
holder's request), the Minister must:
12
(a) give the holder of the permit written notice of the Minister's
13
opinion specifying the reasons for that opinion; and
14
(b) invite the holder to make a written submission to the Minister
15
about the matter within a reasonable period specified in the
16
notice.
17
(2) In deciding whether to vary, revoke or transfer the permit, the
18
Minister must consider the matters raised in any submission
19
received within the period specified in the notice.
20
(3) If the permit relates to a launch facility in Australia, the Minister
21
must not vary the permit in a way that changes the location of the
22
launch facility.
23
(4) The rules may prescribe other ways in which the Minister must not
24
vary an Australian launch permit.
25
36 Suspending an Australian launch permit
26
(1) The Minister may, in writing, suspend an Australian launch permit
27
if:
28
(a) the holder of the permit contravenes a condition of the
29
permit; or
30
(b) the Minister considers that, for reasons relevant to the
31
security, defence or international relations of Australia, the
32
permit should be suspended; or
33
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27
(c) an incident involving a space object covered by the permit
1
occurs during the liability period for the launch or return of
2
the object.
3
(2) The Minister must give notice of the suspension to the holder of
4
the permit. The notice must specify the day the suspension takes
5
effect.
6
(3) An Australian launch permit has no effect while suspended, but the
7
period for which it remains in force continues to run despite the
8
suspension.
9
(4) The Minister may, in writing, revoke a suspension under
10
subsection (1).
11
(5) The Minister must give notice of the revocation to the holder of the
12
permit. The notice must specify the day the revocation takes effect.
13
(6) The Minister may vary or revoke an Australian launch permit even
14
while it is suspended.
15
37 Basis on which Australian launch permit is granted
16
An Australian launch permit is granted on the basis that:
17
(a) the permit may be transferred under section 32; and
18
(b) the permit may be revoked under section 33; and
19
(c) the permit may be varied under section 33; and
20
(d) the permit may be suspended under section 36; and
21
(e) the permit may be transferred, revoked, varied or suspended
22
by or under later legislation; and
23
(f) no compensation is payable if the permit is transferred,
24
revoked, varied or suspended as mentioned in any of the
25
above paragraphs.
26
Division 4--Australian high power rocket permits
27
38 Granting an Australian high power rocket permit
28
(1) The Minister may grant to a person an Australian high power
29
rocket permit authorising the launch of a high power rocket from a
30
specified facility (whether fixed or mobile), or specified place, in
31
Australia.
32
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28
Space Activities Amendment (Launches and Returns) Bill 2018
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(2) The Minister may grant the Australian high power rocket permit to
1
the person only if all of the following criteria are met:
2
(a) the Minister is satisfied that the person who is to carry out the
3
launch is competent to do so;
4
(b) the Minister is satisfied that the insurance/financial
5
requirements in Division 7 will be satisfied for the launch;
6
(c) the Minister is satisfied that the probability of the launch
7
causing substantial harm to public health or public safety or
8
causing substantial damage to property is as low as is
9
reasonably practicable;
10
(d) the Minister does not consider that, for reasons relevant to the
11
security, defence or international relations of Australia, the
12
permit should not be granted;
13
(e) any other criteria prescribed by the rules for the purposes of
14
this paragraph.
15
39 Terms of Australian high power rocket permit
16
(1) An Australian high power rocket permit authorising the launch of a
17
high power rocket:
18
(a) must specify the day on which the permit comes into force
19
and the period for which it remains in force; and
20
(b) is granted subject to the conditions in section 40 and any
21
other conditions specified in the permit.
22
(2) An Australian high power rocket permit may specify that the
23
period for which it remains in force ends on the occurrence of a
24
particular event (rather than at a specified time). For this purpose,
25
the rules may set out how to determine when events of a particular
26
kind occur.
27
Example: An Australian high power rocket permit might specify that it expires
28
when the relevant launch has been (successfully or unsuccessfully)
29
completed. The rules could set out how to determine when this is.
30
(3) At any time when an Australian high power rocket permit is in
31
force, the Minister may, by written notice given to the holder of the
32
permit, extend or further extend the period for which the permit
33
remains in force.
34
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40 Standard Australian high power rocket permit conditions
1
The following are conditions of each Australian high power rocket
2
permit, except to the extent that the permit otherwise specifies:
3
(a) the launch must not be conducted in a way that is likely to
4
cause substantial harm to public health or public safety or to
5
cause substantial damage to property;
6
(b) the holder of the permit must satisfy the insurance/financial
7
requirements in Division 7 for the launch conducted under
8
the permit;
9
(c) any other conditions prescribed by the rules for the purposes
10
of this paragraph.
11
41 Breaching an Australian high power rocket permit condition
12
Offence
13
(1) A person commits an offence if:
14
(a) the person is the holder of an Australian high power rocket
15
permit; and
16
(b) the person does an act or omits to do an act; and
17
(c) the act or omission contravenes a condition of the permit; and
18
(d) the condition is a condition to which the permit is subject
19
under paragraph 40(a) or (b).
20
Penalty:
21
(a) for an individual--imprisonment for 10 year or 5,500 penalty
22
units, or both; or
23
(b) for a body corporate--100,000 penalty units.
24
Civil penalty
25
(2) The holder of an Australian high power rocket permit must not
26
contravene a condition of the permit.
27
Civil penalty:
1,000 penalty units.
28
Schedule 1 Main amendments
30
Space Activities Amendment (Launches and Returns) Bill 2018
No. , 2018
42 Transfer of Australian high power rocket permit
1
(1) The Minister may, by written notice, transfer an Australian high
2
power rocket permit to another person if the Minister could grant
3
the permit to the other person under section 38.
4
Note:
See section 45 for the procedure for transferring an Australian high
5
power rocket permit.
6
(2) The transfer takes effect at the time specified in the notice.
7
(3) The Minister must give a copy of the notice to:
8
(a) the holder of the permit immediately before the transfer; and
9
(b) the other person.
10
(4) The permit continues to cover the same facility or place and the
11
same high power rocket.
12
(5) The permit is subject to the same conditions as those in force
13
immediately before the transfer (unless the Minister varies the
14
conditions).
15
(6) The period for which the permit remains in force continues to run
16
despite the transfer.
17
43 Varying or revoking an Australian high power rocket permit
18
(1) The Minister may, in writing, vary or revoke an Australian high
19
power rocket permit held by a person.
20
Note:
See section 45 for the procedure for varying or revoking an Australian
21
high power rocket permit.
22
(2) The Minister must give notice of the variation or revocation to the
23
person. The notice must specify the day the variation or revocation
24
takes effect.
25
44 Applying for the grant, variation or transfer of an Australian
26
high power rocket permit
27
An application for the grant, variation or transfer of an Australian
28
high power rocket permit must be made in accordance with the
29
rules.
30
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45 Procedure etc.
1
(1) If the Minister considers that there may be grounds to vary, revoke
2
or transfer an Australian high power rocket permit (other than at
3
the permit holder's request), the Minister must:
4
(a) give the holder of the permit written notice of the Minister's
5
opinion specifying the reasons for that opinion; and
6
(b) invite the holder to make a written submission to the Minister
7
about the matter within a reasonable period specified in the
8
notice.
9
(2) In deciding whether to vary, revoke or transfer the permit, the
10
Minister must consider the matters raised in any submission
11
received within the period specified in the notice.
12
(3) The rules may prescribe the ways in which the Minister must not
13
vary an Australian high power rocket permit.
14
46 Suspending an Australian high power rocket permit
15
(1) The Minister may, in writing, suspend an Australian high power
16
rocket permit if:
17
(a) the holder of the permit contravenes a condition of the
18
permit; or
19
(b) the Minister considers that, for reasons relevant to the
20
security, defence or international relations of Australia, the
21
permit should be suspended; or
22
(c) an incident involving the high power rocket covered by the
23
permit occurs during the liability period for the launch of the
24
rocket.
25
(2) The Minister must give notice of the suspension to the holder of
26
the permit. The notice must specify the day the suspension takes
27
effect.
28
(3) An Australian high power rocket permit has no effect while
29
suspended, but the period for which it remains in force continues to
30
run despite the suspension.
31
(4) The Minister may, in writing, revoke a suspension under
32
subsection (1).
33
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32
Space Activities Amendment (Launches and Returns) Bill 2018
No. , 2018
(5) The Minister must give notice of the revocation to the holder of the
1
permit. The notice must specify the day the revocation takes effect.
2
(6) The Minister may vary or revoke an Australian high power rocket
3
permit even while it is suspended.
4
46A Basis on which Australian high power rocket permit is granted
5
An Australian high power rocket permit is granted on the basis
6
that:
7
(a) the permit may be transferred under section 42; and
8
(b) the permit may be revoked under section 43; and
9
(c) the permit may be varied under section 43; and
10
(d) the permit may be suspended under section 46; and
11
(e) the permit may be transferred, revoked, varied or suspended
12
by or under later legislation; and
13
(f) no compensation is payable if the permit is transferred,
14
revoked, varied or suspended as mentioned in any of the
15
above paragraphs.
16
Division 5--Overseas payload permits
17
46B Granting an overseas payload permit
18
(1) The Minister may grant to a person an overseas payload permit
19
authorising:
20
(a) the launch of one or more space objects; or
21
(b) a particular series of launches of space objects that, in the
22
Minister's opinion, having regard to the nature of any
23
payloads to be carried, may appropriately be authorised by a
24
single overseas payload permit;
25
from a specified facility (whether fixed or mobile), or specified
26
place, outside Australia using a specified launch vehicle.
27
Note:
Overseas payload permits are required only if an Australian national
28
would be a responsible party for the launch--see section 14.
29
(2) The Minister may grant the overseas payload permit to the person
30
only if all of the following criteria are met:
31
(a) either:
32
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33
(i) the Minister is satisfied that the insurance/financial
1
requirements in Division 7 will be satisfied for each
2
launch to be conducted under the permit; or
3
(ii) the Minister notifies the person, in writing, that, having
4
regard to the nature and purpose of the space object or
5
space objects concerned, those requirements are not
6
required to be satisfied;
7
(b) the Minister is satisfied that the probability of the launch or
8
launches causing substantial harm to public health or public
9
safety or causing substantial damage to property is
10
sufficiently low;
11
(c) the Minister does not consider that, for reasons relevant to the
12
security, defence or international relations of Australia, the
13
permit should not be granted;
14
(d) any other criteria prescribed by the rules for the purposes of
15
this paragraph.
16
(3) The Minister may, in deciding whether to grant the overseas
17
payload permit, have regard to:
18
(a) whether there is an agreement or arrangement between
19
Australia and the other launching State, or any of the other
20
launching States, under which that State or those States
21
assume liability, and indemnify Australia, for any damage
22
that the space object or objects may cause; and
23
(b) the terms of that agreement or arrangement.
24
(4) Subsections (2) and (3) do not limit the matters to which the
25
Minister may have regard.
26
46C Terms of overseas payload permit
27
(1) An overseas payload permit authorising the launch of a space
28
object or objects:
29
(a) must specify the day on which it comes into force and the
30
period for which it remains in force; and
31
(b) is granted subject to any conditions specified in the permit.
32
(2) An overseas payload permit may specify that the period for which
33
it remains in force ends on the occurrence of a particular event
34
(rather than at a specified time). For this purpose, the rules may set
35
out how to determine when events of a particular kind occur.
36
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Example: An overseas payload permit might specify that its period expires when
1
the relevant launch has been (successfully or unsuccessfully)
2
completed. The rules could set out how to determine when this is.
3
(3) At any time when an overseas payload permit is in force, the
4
Minister may, by written notice given to the holder of the permit,
5
extend or further extend the period for which the permit remains in
6
force.
7
46D Breaching an overseas payload permit condition
8
The holder of an overseas payload permit must not contravene a
9
condition of the permit.
10
Civil penalty:
1,000 penalty units.
11
46E Transfer of overseas payload permit
12
(1) The Minister may, by written notice, transfer an overseas payload
13
permit to another person if the Minister could grant the permit to
14
the other person under section 46B.
15
Note:
See section 46H for the procedure for transferring an overseas payload
16
permit.
17
(2) The transfer takes effect at the time specified in the notice.
18
(3) The Minister must give a copy of the notice to:
19
(a) the holder of the permit immediately before the transfer; and
20
(b) the other person.
21
(4) The permit continues to cover the same facility or place, the same
22
launch vehicle and the same space object or objects.
23
(5) The permit is subject to the same conditions as those in force
24
immediately before the transfer (unless the Minister varies the
25
conditions).
26
(6) The period for which the permit remains in force continues to run
27
despite the transfer.
28
46F Varying or revoking an overseas payload permit
29
(1) The Minister may, in writing, vary or revoke an overseas payload
30
permit held by a person.
31
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Note:
See section 46H for the procedure for varying or revoking an overseas
1
payload permit.
2
(2) The Minister must give notice of the variation or revocation to the
3
person. The notice must specify the day the variation or revocation
4
takes effect.
5
46G Applying for the grant, variation or transfer of an overseas
6
payload permit
7
(1) An application for the grant, variation or transfer of an overseas
8
payload permit must be made in accordance with the rules.
9
Debris mitigation strategy
10
(2) Without limiting subsection (1), an application for the grant of an
11
overseas payload permit must include a strategy for debris
12
mitigation.
13
(3) The strategy must address the matters prescribed by the rules for
14
the purposes of this subsection.
15
(4) Subsection (3) does not limit the matters that may be included in
16
the strategy.
17
46H Procedure etc.
18
(1) If the Minister considers that there may be grounds to vary, revoke
19
or transfer an overseas payload permit (other than at the permit
20
holder's request), the Minister must:
21
(a) give the holder of the permit written notice of the Minister's
22
opinion specifying the reasons for that opinion; and
23
(b) invite the holder to make a written submission to the Minister
24
about the matter within a reasonable period specified in the
25
notice.
26
(2) In deciding whether to vary, revoke or transfer the permit, the
27
Minister must consider the matters raised in any submission
28
received within the period specified in the notice.
29
(3) The rules may prescribe the ways in which the Minister must not
30
vary an overseas payload permit.
31
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46J Suspending an overseas payload permit
1
(1) The Minister may, in writing, suspend an overseas payload permit
2
if:
3
(a) the holder of the permit contravenes a condition of the
4
permit; or
5
(b) if subparagraph 46B(2)(a)(i) applied--the Minister is
6
satisfied that the insurance/financial requirements in
7
Division 7 are not satisfied for a launch to be conducted
8
under the permit; or
9
(c) the Minister considers that, for reasons relevant to the
10
security, defence or international relations of Australia, the
11
permit should be suspended.
12
(2) The Minister must give notice of the suspension to the holder of
13
the permit. The notice must specify the day the suspension takes
14
effect.
15
(3) An overseas payload permit has no effect while suspended, but the
16
period for which it remains in force continues to run despite the
17
suspension.
18
(4) The Minister may, in writing, revoke a suspension under
19
subsection (1).
20
(5) The Minister must give notice of the revocation to the holder of the
21
permit. The notice must specify the day the revocation takes effect.
22
(6) The Minister may vary or revoke an overseas payload permit even
23
while it is suspended.
24
46K Basis on which overseas payload permit is granted
25
An overseas payload permit is granted on the basis that:
26
(a) the permit may be transferred under section 46E; and
27
(b) the permit may be revoked under section 46F; and
28
(c) the permit may be varied under section 46F; and
29
(d) the permit may be suspended under section 46J; and
30
(e) the permit may be transferred, revoked, varied or suspended
31
by or under later legislation; and
32
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(f) no compensation is payable if the permit is transferred,
1
revoked, varied or suspended as mentioned in any of the
2
above paragraphs.
3
Division 6--Return authorisations
4
46L Giving a return authorisation
5
(1) The Minister may give a person a return authorisation that
6
authorises:
7
(a) the return of a space object to a specified place or area in
8
Australia or outside Australia; or
9
(b) a particular series of such returns that, in the Minister's
10
opinion, having regard to the nature of the space objects to be
11
returned, may appropriately be authorised by a single return
12
authorisation.
13
(2) The return or returns may be authorised under this section only if
14
all of the following criteria are met:
15
(a) the Minister is satisfied that the person who is to carry out the
16
return or returns is competent to do so;
17
(b) the Minister is satisfied that the insurance/financial
18
requirements in Division 7 will be satisfied for the return or
19
returns;
20
(c) the Minister is satisfied that the probability of the return or
21
returns causing substantial harm to public health or public
22
safety or causing substantial damage to property is as low as
23
is reasonably practicable;
24
(d) the space object or objects concerned are not and do not
25
contain a nuclear weapon or a weapon of mass destruction of
26
any other kind;
27
(e) the Minister does not consider that, for reasons relevant to the
28
security, defence or international relations of Australia, the
29
authorisation should not be given;
30
(f) any other criteria prescribed by the rules for the purposes of
31
this paragraph.
32
(3) The Minister may, in deciding whether to give a return
33
authorisation, have regard to:
34
(a) whether there is an agreement or arrangement between
35
Australia and any country that is a launching State for any
36
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space object concerned under which that country assumes
1
any liability, and indemnifies Australia, for any damage that
2
the space object may cause; and
3
(b) the terms of that agreement or arrangement.
4
(4) Subsections (2) and (3) do not limit the matters to which the
5
Minister may have regard.
6
(5) A return authorisation is subject to any conditions specified in the
7
authorisation.
8
46M Offence and civil penalty relating to returns
9
Offence
10
(1) A person commits an offence if:
11
(a) the person returns a space object purportedly in accordance
12
with a return authorisation; and
13
(b) one or more of the following applies:
14
(i) the return is conducted in a way that is likely to cause
15
substantial harm to public health or public safety or to
16
cause substantial damage to property;
17
(ii) the space object is or contains a nuclear weapon or a
18
weapon of mass destruction of any other kind;
19
(iii) the space object contains a nuclear power source and the
20
Minister's written approval for this has not first been
21
obtained;
22
(iv) the insurance/financial requirements in Division 7 are
23
not satisfied for the return.
24
Penalty:
25
(a) for an individual--imprisonment for 10 years or 5,500
26
penalty units, or both; or
27
(b) for a body corporate--100,000 penalty units.
28
Civil penalty
29
(2) A person must not return a space object purportedly in accordance
30
with a return authorisation, in circumstances where one or more of
31
the following applies:
32
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39
(a) the return is conducted in a way that is likely to cause
1
substantial harm to public health or public safety or to cause
2
substantial damage to property;
3
(b) the space object is or contains a nuclear weapon or a weapon
4
of mass destruction of any other kind;
5
(c) the space object contains a nuclear power source and the
6
Minister's written approval for this has not first been
7
obtained;
8
(d) the insurance/financial requirements in Division 7 are not
9
satisfied for the return.
10
Civil penalty:
1,000 penalty units.
11
46N Breaching a return authorisation condition
12
The holder of a return authorisation must not contravene a
13
condition of the authorisation.
14
Civil penalty:
1,000 penalty units.
15
46P Varying or revoking a return authorisation
16
(1) The Minister may, in writing, vary or revoke a return authorisation
17
held by a person.
18
Note:
See section 46R for the procedure for varying or revoking a return
19
authorisation.
20
(2) The Minister must give notice of the variation or revocation to the
21
person. The notice must specify the day the variation or revocation
22
takes effect.
23
46Q Applying for the giving or variation of a return authorisation
24
An application for the giving or variation of a return authorisation
25
must be made in accordance with the rules.
26
46R Procedure etc.
27
(1) If the Minister considers that there may be grounds to vary or
28
revoke a return authorisation (other than at the authorisation
29
holder's request), the Minister must:
30
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(a) give the holder of the authorisation written notice of the
1
Minister's opinion specifying the reasons for that opinion;
2
and
3
(b) invite the holder to make a written submission to the Minister
4
about the matter within a reasonable period specified in the
5
notice.
6
(2) In deciding whether to vary or revoke the authorisation, the
7
Minister must consider the matters raised in any submission
8
received within the period specified in the notice.
9
46S Suspending a return authorisation
10
(1) The Minister may, in writing, suspend a return authorisation if:
11
(a) the holder of the authorisation contravenes a condition of the
12
authorisation; or
13
(b) the Minister considers that, for reasons relevant to the
14
security, defence or international relations of Australia, the
15
authorisation should be suspended; or
16
(c) an incident involving a space object covered by the
17
authorisation occurs during the liability period for the return
18
of the object.
19
(2) The Minister must give notice of the suspension to the holder of
20
the authorisation. The notice must specify the day the suspension
21
takes effect.
22
(3) A return authorisation has no effect while suspended.
23
(4) The Minister may, in writing, revoke a suspension under
24
subsection (1).
25
(5) The Minister must give notice of the revocation to the holder of the
26
authorisation. The notice must specify the day the revocation takes
27
effect.
28
(6) The Minister may vary or revoke a return authorisation even while
29
it is suspended.
30
46T Basis on which return authorisation is given
31
A return authorisation is given on the basis that:
32
(a) the authorisation may be revoked under section 46P; and
33
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41
(b) the authorisation may be varied under section 46P; and
1
(c) the authorisation may be suspended under section 46S; and
2
(d) the authorisation may be revoked, varied or suspended by or
3
under later legislation; and
4
(e) no compensation is payable if the authorisation is revoked,
5
varied or suspended as mentioned in any of the above
6
paragraphs.
7
Division 6A--Authorisation certificates
8
46U Authorisation certificates
9
(1) The Minister may issue to any person an authorisation certificate
10
covering specified conduct that might otherwise be prohibited by
11
section 11, 12, 13, 14, 15 or 15A.
12
Note:
Under subsection 33(3A) of the Acts Interpretation Act 1901, conduct
13
may be specified by reference to a particular class or classes of
14
conduct.
15
(2) The rules may set out matters to which the Minister must have
16
regard in deciding whether to issue an authorisation certificate.
17
Example: The rules might set out criteria such as whether a launch would be in
18
the national interest or would confer a significant national benefit,
19
whether there is a risk that a launch might cause substantial harm to
20
public health or public safety or damage to property or whether there
21
is a risk that a launch might expose the Commonwealth to liability for
22
damage caused.
23
(3) Subsection (2) does not limit the matters to which the Minister may
24
have regard.
25
(4) Within 7 sitting days of issuing an authorisation certificate, the
26
Minister must cause a copy of the certificate to be tabled in each
27
House of the Parliament.
28
46V Terms of authorisation certificate
29
(1) An authorisation certificate:
30
(a) comes into force on a specified day or when a specified event
31
happens; and
32
(b) remains in force for a specified period (which may be a
33
period that ends on the occurrence of a specified event).
34
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(2) For the purposes of subsection (1), the rules may set out how to
1
determine when events of a particular kind occur.
2
(3) At any time when an authorisation certificate is in force, the
3
Minister may, by written notice, extend or further extend the period
4
for which the certificate remains in force.
5
(4) An authorisation certificate is issued subject to any conditions
6
specified in the certificate.
7
46W Breaching an authorisation certificate condition
8
The holder of an authorisation certificate must not contravene a
9
condition of the certificate.
10
Civil penalty:
1,000 penalty units.
11
46X Varying or revoking an authorisation certificate
12
(1) The Minister may, in writing, vary or revoke an authorisation
13
certificate held by a person.
14
(2) The Minister must give notice of the variation or revocation to the
15
person. The notice must specify the day the variation or revocation
16
takes effect.
17
46Y Basis on which authorisation certificate is issued
18
An authorisation certificate is issued on the basis that:
19
(a) the certificate may be revoked under section 46X; and
20
(b) the certificate may be varied under section 46X; and
21
(c) the certificate may be revoked or varied by or under later
22
legislation; and
23
(d) no compensation is payable if the certificate is revoked or
24
varied as mentioned in any of the above paragraphs.
25
64 Subsection 47(1)
26
Omit "and 5", substitute ", 5 and 6".
27
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43
65 Subsection 47(2)
1
Omit "a launch permit, overseas launch certificate or section 43
2
authorisation", substitute "an Australian launch permit, Australian high
3
power rocket permit, overseas payload permit or return authorisation".
4
66 Paragraph 47(2)(b)
5
Omit "regulations", substitute "rules".
6
67 Paragraph 47(2)(b)
7
Omit "subsection 48(3)", substitute "subsection 48(4)".
8
68 Before subsection 48(1)
9
Insert:
10
Australian launch permit, or return authorisation for return to
11
Australia
12
69 Paragraphs 48(1)(a) and (b)
13
Repeal the paragraphs, substitute:
14
(a) a launch or return authorised by an Australian launch permit;
15
or
16
(b) a return authorised by a return authorisation, where the return
17
of the space object is to a place or area in Australia;
18
70 Paragraphs 48(1)(c) and (d)
19
Omit "subsection (3)", substitute "subsection (4)".
20
71 Subsections 48(2) and (3)
21
Repeal the subsections, substitute:
22
Overseas payload permit, or return authorisation for return
23
outside Australia
24
(2) The insurance requirements are satisfied for:
25
(a) a launch authorised by an overseas payload permit; or
26
(b) a return authorised by a return authorisation, where the return
27
of the space object is to a place or area outside Australia;
28
if the Commonwealth is insured (to the extent required by
29
subsection (4)) against any liability of the Commonwealth, under
30
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44
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the Liability Convention or otherwise under international law, to
1
pay compensation for any damage to third parties that the launch or
2
return causes.
3
Note:
The Commonwealth is under no duty to take out any insurance cover
4
under this subsection--the onus is on the holder of the permit or
5
authorisation to ensure that the insurance/financial requirements are
6
satisfied.
7
Australian high power rocket permit
8
(3) The insurance requirements are satisfied for a launch authorised by
9
an Australian high power rocket permit if the holder of the permit
10
is insured (to the extent required by subsection (4)) against any
11
liability that the holder might incur under this Act to pay
12
compensation for any damage to third parties that the launch
13
causes.
14
Minimum amount of insurance
15
(4) The total insurance, for each launch or return concerned, must be
16
for an amount at least equal to the lesser of the following amounts:
17
(a) the amount specified in the rules for the purposes of this
18
paragraph (which must not exceed $100 million);
19
(b) if the rules set out a method of determining an amount for the
20
purposes of this paragraph--the amount determined using
21
that method.
22
72 Sections 50 and 51
23
Repeal the sections, substitute:
24
50 Launch Safety Officer
25
(1) The Minister must, by writing, appoint a Launch Safety Officer for
26
the following:
27
(a) a launch of a space object covered by an Australian launch
28
permit;
29
(b) a return to a place or area in Australia of a space object
30
covered by an Australian launch permit or a return
31
authorisation.
32
(2) The same person may be the Launch Safety Officer for more than
33
one launch or return.
34
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45
(3) The Minister may, by writing, revoke the appointment.
1
51 Functions of Launch Safety Officer
2
The functions of the Launch Safety Officer for a launch or return
3
of a space object are:
4
(a) to ensure that notice is given, in accordance with the rules, of
5
the launch or return; and
6
(b) to ensure that:
7
(i) for a launch--no person or property is endangered by
8
the launch, until the space object is safely in Earth orbit
9
or beyond; or
10
(ii) for a return--no person or property is endangered by the
11
return; and
12
(c) to monitor the compliance by the person holding the
13
Australian launch permit, or return authorisation, with this
14
Act and with the conditions of the permit or authorisation.
15
73 Subsection 52(1)
16
Omit "a licensed launch facility", substitute "a launch or return of a
17
space object".
18
74 Subsection 52(2)
19
Omit "for a licensed launch facility".
20
75 Paragraph 52(2)(a)
21
Repeal the paragraph, substitute:
22
(a) in relation to the launch of a space object from a launch
23
facility in Australia--with the consent of the holder of the
24
Australian launch permit, or of any person authorised by the
25
holder to give that consent:
26
(i) enter and inspect the facility and the space object if it is
27
at the facility; and
28
(ii) inspect and test any other equipment at the facility; and
29
(aa) in relation to the launch of a space object from an aircraft
30
where the aircraft is in Australia--with the consent of the
31
holder of the Australian launch permit, or of any person
32
authorised by the holder to give that consent, enter and
33
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inspect the aircraft and the space object if it is in or on the
1
aircraft; and
2
76 Paragraph 52(2)(b)
3
After "ask the holder", insert "of the Australian launch permit or return
4
authorisation".
5
77 Paragraphs 52(2)(c) and (d)
6
Repeal the paragraphs, substitute:
7
(c) give any written directions about the launch of the space
8
object carried out, or proposed to be carried out, that the
9
Launch Safety Officer considers necessary to avoid any
10
danger to persons or property, including directions to stop the
11
launch or destroy the space object (whether before or after it
12
is launched); and
13
(d) give any written directions about the return of the space
14
object that the Launch Safety Officer considers necessary to
15
avoid any danger to persons or property, including directions
16
to stop the return or destroy the space object.
17
78 Subsection 52(3)
18
Repeal the subsection, substitute:
19
(3) A direction under paragraph (2)(c) or (d) may include a
20
requirement relating to written notice to be given to the Launch
21
Safety Officer of the action taken in response to the direction.
22
79 Subsection 52(4)
23
Omit "for a licensed launch facility is not entitled to exercise any
24
powers under this section at or on the facility", substitute "is not entitled
25
to exercise any powers under this section at or on a launch facility or in
26
or on an aircraft".
27
80 Paragraph 52(4)(a)
28
Omit "space licence", substitute "Australian launch permit".
29
81 Subsection 52(5)
30
Omit "space licence or launch permit", substitute "launch facility
31
licence, Australian launch permit or return authorisation".
32
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82 At the end of section 52
1
Add:
2
(6) The Launch Safety Officer must give the Minister a copy of a
3
direction the Launch Safety Officer gives under paragraph (2)(c) or
4
(d). The Launch Safety Officer must do so within 10 business days
5
after giving the direction.
6
83 Sections 53 and 54
7
Repeal the sections, substitute:
8
53 Offence for contravening direction
9
A person commits an offence if:
10
(a) the person is given a direction under paragraph 52(2)(c) or
11
(d); and
12
(b) the person does an act or omits to do an act; and
13
(c) the act or omission contravenes the direction.
14
Penalty: 100 penalty units.
15
84 Subsection 55(1)
16
Omit "for a licensed launch facility".
17
85 Subsection 55(2)
18
Omit "licensed launch facilities", substitute "launches or returns".
19
86 Subsection 56(1)
20
Omit "licensed launch facility", substitute "launch facility or in or on an
21
aircraft".
22
87 Subsection 56(1)
23
Omit "for the facility".
24
88 Paragraph 56(1)(a)
25
After "facility", insert "or is in or on the aircraft".
26
89 Subparagraph 56(1)(b)(i)
27
After "search the facility", insert "or aircraft".
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90 Subparagraph 56(1)(b)(i)
1
After "at or on the facility", insert "or in or on the aircraft".
2
91 Section 57
3
Omit "for a licensed launch facility".
4
92 Section 57
5
Omit "for the facility".
6
93 Subsections 58(1) and (3)
7
Omit "a licensed launch facility", substitute "a launch or return of a
8
space object".
9
94 Section 59
10
Repeal the section, substitute:
11
59 Fees
12
Applicants
13
(1) A person making one of the following applications must pay the
14
Commonwealth the relevant fee prescribed by the rules for the
15
purposes of this section:
16
(a) an application for a launch facility licence or for a transfer or
17
variation of such a licence;
18
(b) an application for an Australian launch permit or for a
19
transfer or variation of such a permit;
20
(c) an application for an Australian high power rocket permit or
21
for a transfer or variation of such a permit;
22
(d) an application for an overseas payload permit or for a transfer
23
or variation of such a permit;
24
(e) an application for a return authorisation or for a variation of
25
such an authorisation;
26
(f) an application for an authorisation certificate.
27
The rules may prescribe different fees for different applications.
28
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Setting fee
1
(2) The rules may set a fee by specifying the amount of the fee or a
2
way of working out the fee.
3
Fee must not amount to taxation
4
(3) A fee must not be such as to amount to taxation.
5
Time for payment of fee
6
(4) The rules may specify the time for payment of a fee.
7
Fee instalments
8
(5) For an application for a launch facility licence, the rules may
9
provide for the payment of a fee by instalments at times worked
10
out in accordance with the rules.
11
Waiver of fee
12
(6) The rules may prescribe the circumstances in which the Minister
13
may wholly or partly waive a fee that would otherwise be payable
14
under this section.
15
Unpaid fee
16
(7) If any amount of a fee remains unpaid after it becomes due for
17
payment, no decision is to be made on the application concerned
18
until that amount has been paid.
19
(8) If any amount of a fee remains unpaid after it becomes due for
20
payment, that amount is a debt due to the Commonwealth and may
21
be recovered by the Minister, on behalf of the Commonwealth, by
22
action in the Federal Court or Federal Circuit Court.
23
95 Paragraph 60(a)
24
Omit "space licence", substitute "launch facility licence".
25
96 Paragraph 60(b)
26
Omit "a launch permit", substitute "an Australian launch permit".
27
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Space Activities Amendment (Launches and Returns) Bill 2018
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97 After paragraph 60(b)
1
Insert:
2
(ba) an applicant for, or the holder of, an Australian high power
3
rocket permit; or
4
98 Paragraph 60(c)
5
Omit "overseas launch certificate", substitute "overseas payload
6
permit".
7
99 Paragraph 60(d)
8
Omit "an authorisation under section 43", substitute "a return
9
authorisation".
10
100 Section 60
11
Omit ", certificate".
12
101 Paragraphs 61(a) and (b)
13
Omit "space licence", substitute "launch facility licence".
14
102 Paragraphs 61(c), (d) and (e)
15
Omit "a launch permit or overseas launch certificate", substitute "an
16
Australian launch permit, Australian high power rocket permit or
17
overseas payload permit".
18
103 Paragraphs 61(f) and (g)
19
Omit "an authorisation under section 43", substitute "a return
20
authorisation".
21
104 Paragraphs 61(h), (i) and (ia)
22
Omit "exemption certificate", substitute "authorisation certificate".
23
105 Paragraph 61(j)
24
Omit "space licence, launch permit, overseas launch certificate,
25
authorisation under section 43 or exemption certificate; or", substitute
26
"launch facility licence, Australian launch permit, Australian high
27
power rocket permit, overseas payload permit, return authorisation or
28
authorisation certificate.".
29
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106 Paragraphs 61(k) and (l)
1
Repeal the paragraphs.
2
107 Section 62
3
Repeal the section, substitute:
4
62 Notice of decisions
5
(1) If the Minister grants, varies, revokes, suspends or transfers any of
6
the following, the Minister may cause to be published on the
7
Department's website a notice setting out such information as the
8
Minister considers appropriate:
9
(a) a launch facility licence;
10
(b) an Australian launch permit;
11
(c) an Australian high power rocket permit;
12
(d) an overseas payload permit;
13
(e) a return authorisation;
14
(f) an authorisation certificate.
15
(2) If the grant, variation, revocation, suspension or transfer is in
16
relation to an individual, the notice may include the name of the
17
individual, but must not include any other personal information
18
(within the meaning of the Privacy Act 1988) about the individual.
19
108 Before Division 1 of Part 4
20
Insert:
21
Division 1A--Simplified outline of this Part
22
62A Simplified outline of this Part
23
•
The responsible party for the launch or return of a space object
24
is liable to pay compensation for any damage the object
25
causes to a third party.
26
109 Subparagraph 63(1)(a)(i)
27
After "Australia", insert ", from an Australian aircraft that is in flight or
28
from a foreign aircraft that is in the airspace over Australian territory".
29
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110 Paragraph 63(2)(a)
1
After "place", insert "or area".
2
111 Subparagraph 63(2A)(a)(i)
3
After "Australia", insert ", from an Australian aircraft that is in flight or
4
from a foreign aircraft that is in the airspace over Australian territory".
5
112 Paragraph 63(2A)(b)
6
After "place", insert "or area".
7
113 Paragraph 63(3)(d)
8
Omit "exemption certificate", substitute "authorisation certificate".
9
114 Subsection 64(2) (note)
10
Omit "However, see also section 65 (which allows the regulations to
11
make provision in relation to the waiver of such rights).".
12
115 Section 65
13
Repeal the section.
14
116 Paragraph 66(a)
15
Omit "located within Australia", substitute "in Australia, from an
16
Australian aircraft in flight or from a foreign aircraft in the airspace
17
over Australian territory".
18
117 Paragraph 69(1)(a)
19
Omit "a launch permit", substitute "an Australian launch permit".
20
118 Paragraph 69(1)(b)
21
Omit "the relevant space licence", substitute "any relevant launch
22
facility licence".
23
119 Paragraph 69(2)(a)
24
Omit "an overseas launch certificate", substitute "an overseas payload
25
permit".
26
120 Paragraph 69(2)(b)
27
Omit "certificate", substitute "permit".
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121 Subsection 69(3)
1
Omit "launch permit or overseas launch certificate", substitute
2
"Australian launch permit or overseas payload permit".
3
122 Paragraphs 69(4)(a) and (b)
4
Omit "launch permit or overseas launch certificate", substitute
5
"Australian launch permit or overseas payload permit".
6
123 Paragraph 70(a)
7
Omit "located within Australia", substitute "in Australia, from an
8
Australian aircraft in flight or from a foreign aircraft in the airspace
9
over Australian territory".
10
124 Section 72 (heading)
11
Repeal the heading, substitute:
12
72 Federal Court and Federal Circuit Court have jurisdiction
13
125 Section 72
14
Omit "has", substitute "and Federal Circuit Court have".
15
126 Paragraph 73(2)(a)
16
Omit "a launch permit, overseas launch certificate, section 43
17
authorisation or exemption certificate", substitute "an Australian launch
18
permit, overseas payload permit, return authorisation or authorisation
19
certificate".
20
127 Paragraph 74(2)(b)
21
Omit "a launch permit or overseas launch certificate", substitute "an
22
Australian launch permit or overseas payload permit".
23
128 Paragraph 74(2)(b)
24
Omit "or certificate".
25
129 After Part 4
26
Insert:
27
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Part 4A--Liability for damage by high power
1
rockets
2
Division 1--Simplified outline of this Part
3
75A Simplified outline of this Part
4
•
The launch party for the launch of a high power rocket is
5
liable to pay compensation for any damage the rocket causes
6
to a third party on Earth or in the air.
7
Division 2--Scope of Part
8
75B Damage covered
9
(1) This Part applies to damage a high power rocket causes if:
10
(a) the object is launched from a facility (whether fixed or
11
mobile), or place, in Australia; and
12
(b) the damage is caused during the liability period for the
13
launch.
14
(2) This Part applies to damage mentioned in subsection (1):
15
(a) whether the damage happens on Earth or in the air; and
16
(b) whether the damage happens in Australia or outside it; and
17
(c) whether or not the launch was authorised under this Act; and
18
(d) whether or not the launch was covered by an authorisation
19
certificate.
20
75C Compensation for third party damage by high power rockets to
21
be determined solely under this Part
22
Compensation for damage to which this Part applies caused to third
23
parties is only payable in accordance with this Part.
24
Note:
This section does not affect the rights of persons who are not third
25
parties (for example, employees of a launch party) from seeking
26
compensation outside of this Act for damage to which this Part
27
applies.
28
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Division 3--Liability for third party damage
1
75D Damage on Earth or in the air
2
(1) The launch party for the launch of a high power rocket is liable to
3
pay compensation for any damage the rocket causes to a third party
4
on Earth or in the air.
5
(2) However, the launch party is not liable to the extent that the launch
6
party establishes that the damage resulted from:
7
(a) the negligence of the third party; or
8
(b) any conduct (whether by act or omission) that the third party
9
engaged in with intent to cause the damage.
10
75E Limit on amount of permit holder's liability
11
(1) This section applies if:
12
(a) the launch of a high power rocket that causes damage to
13
which this Part applies was authorised by an Australian high
14
power rocket permit; and
15
(b) the damage did not result from a breach of any of the
16
conditions of the permit, from any conduct (whether by act or
17
omission) that the launch party or a related party engaged in
18
with intent to cause the damage or from the negligence of the
19
launch party or a related party.
20
(2) The launch party is not liable to pay compensation for the damage
21
to the extent that the amount of the compensation would exceed the
22
insured amount for the Australian high power rocket permit.
23
(3) If:
24
(a) the launch party has paid compensation for the damage of an
25
amount equal to the insured amount for the Australian high
26
power rocket permit; and
27
(b) apart from this section, the launch party would be liable to
28
pay further compensation to Australian nationals for the
29
damage of an amount (the excess amount) in excess of the
30
insured amount for the Australian high power rocket permit;
31
then the Commonwealth is liable to pay compensation to the
32
Australian nationals for the damage of an amount equal to so much
33
of the excess amount as does not exceed $3 billion.
34
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(4) The Consolidated Revenue Fund is appropriated for the purposes
1
of payments by the Commonwealth under subsection (3).
2
Division 4--Procedure etc.
3
75F Federal Court and Federal Circuit Court have jurisdiction
4
The Federal Court and the Federal Circuit Court have jurisdiction
5
to hear and determine actions for compensation for damage to
6
which this Part applies.
7
75G Action for compensation
8
An action for compensation for damage to which this Part applies
9
may only be brought:
10
(a) within 1 year after the day on which the damage occurred; or
11
(b) if, when the damage occurred, the person bringing the action
12
did not know that it had occurred--within 1 year after the
13
day on which the person:
14
(i) became aware of the damage; or
15
(ii) would have become aware of the damage, if the person
16
had exercised due diligence.
17
130 Part 5 (heading)
18
Repeal the heading, substitute:
19
Part 5--Register of Space Objects
20
131 Before section 76
21
Insert:
22
75H Simplified outline of this Part
23
•
A Register of Space Objects must be publicly available on the
24
Department's website. The register includes details for certain
25
space objects launched under an Australian launch permit,
26
overseas payload permit or authorisation certificate.
27
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132 Subsection 76(2)
1
Omit "an authorisation provided under this Act", substitute "an
2
Australian launch permit, overseas payload permit or authorisation
3
certificate".
4
133 Paragraph 76(2)(g)
5
Omit "prescribed particulars", substitute "particulars prescribed by the
6
rules for the purposes of this paragraph".
7
134 At the end of section 76
8
Add:
9
(5) The Minister must cause the Register to be made publicly available
10
on the Department's website.
11
135 Subsection 77(1)
12
Omit "a launch permit authorising the launch of a space object from a
13
launch facility", substitute "an Australian launch permit, overseas
14
payload permit or authorisation certificate authorising the launch of a
15
space object".
16
136 Sections 78 and 79
17
Repeal the sections.
18
137 Part 5A
19
Repeal the Part.
20
138 Part 6
21
Repeal the Part, substitute:
22
Part 6--Civil penalties
23
24
80 Simplified outline of this Part
25
•
A civil penalty provision of this Act is enforceable under
26
Part 4 of the Regulatory Powers Act. A relevant court may
27
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order a person contravening a civil penalty provision to pay to
1
the Commonwealth a pecuniary penalty.
2
81 Civil penalty provisions
3
Enforceable civil penalty provisions
4
(1) Each civil penalty provision of this Act is enforceable under Part 4
5
of the Regulatory Powers Act.
6
Note:
Part 4 of the Regulatory Powers Act allows a civil penalty provision to
7
be enforced by obtaining an order for a person to pay a pecuniary
8
penalty for the contravention of the provision.
9
Authorised applicant
10
(2) For the purposes of Part 4 of the Regulatory Powers Act, the
11
Minister is an authorised applicant in relation to the civil penalty
12
provisions of this Act.
13
Relevant court
14
(3) For the purposes of Part 4 of the Regulatory Powers Act, each of
15
the following courts is a relevant court in relation to the civil
16
penalty provisions of this Act:
17
(a) the Federal Court;
18
(b) the Federal Circuit Court.
19
Extension to external Territories
20
(4) Part 4 of the Regulatory Powers Act, as that Part applies in relation
21
to the civil penalty provisions of this Act, extends to every external
22
Territory.
23
139 Before Division 1 of Part 7
24
Insert:
25
Division 1A--Simplified outline of this Part
26
83 Simplified outline of this Part
27
•
Investigators can investigate accidents or incidents involving:
28
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(a)
a space object launched from a launch facility in
1
Australia or from an aircraft that is in the airspace over
2
Australian territory; or
3
(b)
a space object returned to a place or area in Australia; or
4
(c)
a high power rocket launched from a facility or place in
5
Australia.
6
•
The Minister appoints the investigators.
7
140 Section 84
8
Before "This Part", insert "(1)".
9
141 Paragraph 84(a)
10
Omit "located in Australia", substitute "in Australia or from an aircraft
11
that is in the airspace over Australian territory".
12
142 Paragraph 84(b)
13
After "place", insert "or area".
14
143 At the end of section 84
15
Add:
16
(2) This Part also applies if an accident (see section 85) or an incident
17
(see section 86) involving a high power rocket occurs during the
18
liability period for the launch of the rocket from a facility (whether
19
fixed or mobile), or place, in Australia.
20
144 Section 85
21
After "a space object", insert "or high power rocket".
22
145 Paragraphs 85(a) and (b)
23
After "space object", insert "or high power rocket".
24
146 Paragraph 85(b)
25
After "damage to", insert "other".
26
147 Paragraph 85(b)
27
Omit "regulations", substitute "rules".
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148 Section 86
1
After "a space object", insert "or high power rocket".
2
149 Section 86
3
After "the space object", insert "or high power rocket".
4
150 Before subsection 88(1)
5
Insert:
6
Accident involving space object
7
151 Subsection 88(1)
8
After "an accident", insert "involving a space object".
9
152 After subsection 88(1)
10
Insert:
11
Accident involving high power rocket
12
(1A) If an accident involving a high power rocket occurs in
13
circumstances where:
14
(a) a person dies or suffers serious injury as a result of the
15
operation of the rocket; or
16
(b) the rocket causes damage to other property;
17
the Minister must appoint a person as the Investigator of the
18
accident.
19
(1B) If an accident involving a high power rocket occurs in
20
circumstances where:
21
(a) the rocket is destroyed or seriously damaged; and
22
(b) subsection (1A) does not apply;
23
the Minister may appoint a person as the Investigator of the
24
accident.
25
153 Before subsection 88(2)
26
Insert:
27
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Incident involving space object or high power rocket
1
154 Before subsection 88(3)
2
Insert:
3
Appointee to have suitable qualifications and experience
4
155 Subsection 90(2)
5
Omit "regulations", substitute "rules".
6
156 Paragraph 91(1)(b)
7
After "a space object", insert "or high power rocket".
8
157 Subsection 91(7)
9
Omit "regulations", substitute "rules".
10
158 Subsection 92(1)
11
Repeal the subsection, substitute:
12
(1) A person commits an offence if:
13
(a) the person fails to attend before the Investigator in
14
accordance with a requirement under subsection 91(1); or
15
(b) the person refuses to take an oath or make an affirmation in
16
accordance with a requirement under subsection 91(3); or
17
(c) the person refuses or fails to answer a question in accordance
18
with a requirement under subsection 91(1); or
19
(d) the person fails to give the Investigator a thing in accordance
20
with a requirement under subsection 91(1) and it would have
21
been reasonably practicable for the person to have done so.
22
Penalty: 30 penalty units.
23
159 Subsections 92(3) and (4)
24
Repeal the subsections, substitute:
25
(3) A person commits an offence if:
26
(a) a requirement is made of the person under subsection 91(1);
27
and
28
(b) the person gives information to the Investigator in answering
29
a question lawfully put to the person by the Investigator; and
30
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(c) the person does so knowing that the information is false or
1
misleading in a material particular.
2
Penalty: Imprisonment for 12 months.
3
(4) A person commits an offence if:
4
(a) a requirement is made of the person under subsection 91(1);
5
and
6
(b) the person gives a document or record to the Investigator in
7
accordance with the requirement; and
8
(c) the person does so knowing that the document or record is
9
false or misleading in a material particular.
10
Penalty: Imprisonment for 12 months.
11
160 Section 94 (heading)
12
Repeal the heading, substitute:
13
94 Custody of space object or high power rocket
14
161 Subsection 94(1)
15
After "an accident", insert "involving a space object".
16
162 After subsection 94(1)
17
Insert:
18
(1A) If an accident involving a high power rocket occurs in
19
circumstances where:
20
(a) a person dies or suffers serious injury as a result of the
21
operation of the rocket; or
22
(b) the rocket causes damage to other property;
23
the rocket or the rocket wreckage concerned and any thing in the
24
rocket or wreckage is taken to be in the Minister's custody until an
25
Investigator is appointed for the accident. The things are then taken
26
to be in the Investigator's custody.
27
163 Subsection 94(2)
28
Omit "any such", substitute "a".
29
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164 Subsection 94(3)
1
Repeal the subsection, substitute:
2
(3) A person commits an offence if:
3
(a) the person removes or otherwise interferes with a thing that is
4
in the custody of the Minister or Investigator under
5
subsection (1) or (1A); and
6
(b) the person removes or otherwise interferes with the thing
7
without:
8
(i) if the thing is in the custody of the Minister--the
9
Minister's permission; or
10
(ii) if the thing is in the custody of the Investigator--the
11
Investigator's permission.
12
Penalty: Imprisonment for 6 months.
13
165 Paragraphs 94(4)(a) and (d)
14
After "space object", insert "or high power rocket".
15
166 Paragraph 94(4)(d)
16
After "the object", insert "or rocket".
17
167 At the end of subsection 94(4)
18
Add:
19
Note:
A defendant bears an evidential burden in relation to the matter in this
20
subsection: see subsection 13.3(3) of the Criminal Code.
21
168 Section 95 (heading)
22
Repeal the heading, substitute:
23
95 Suspension of permit, authorisation or certificate after accident
24
169 Subsection 95(1)
25
Omit "launch permit, exemption certificate or section 43 authorisation",
26
substitute "Australian launch permit, Australian high power rocket
27
permit, return authorisation or authorisation certificate".
28
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170 Subsections 95(2) and (3)
1
Omit "permit, certificate or authorisation", substitute "permit,
2
authorisation or certificate".
3
171 Subsection 96(9) (paragraph (b) of the definition of safety
4
record)
5
After "space object", insert "or high power rocket".
6
172 Section 98
7
Omit "this Division", substitute "this Act".
8
173 Section 98 (paragraphs (b) and (c) of the definition of
9
accident site)
10
After "space object", insert "or high power rocket".
11
174 Paragraph 99(1)(e)
12
After "site", insert ", the space object, the high power rocket or any
13
other thing on or in the site".
14
175 Paragraph 99(1)(f)
15
Repeal the paragraph, substitute:
16
(f) make any still or moving image or any recording of the
17
accident site, the space object, the high power rocket or any
18
other thing on or in the site;
19
176 Paragraph 99(1)(k)
20
After "space object" (wherever occurring), insert "or high power
21
rocket".
22
177 Paragraph 99(1)(k)
23
Omit "take photographs or video recordings", substitute "make any still
24
or moving image or any recording of the thing".
25
178 Subsections 101(4) and (5)
26
Repeal the subsections, substitute:
27
Offence
28
(4) A person commits an offence if:
29
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(a) the person has been issued with an identity card under this
1
section; and
2
(b) the person ceases to be an Investigator; and
3
(c) the person does not, as soon as practicable after so ceasing,
4
return the identity card to the Minister.
5
Penalty: 1 penalty unit.
6
(5) Subsection (4) does not apply if the identity card was lost or
7
destroyed.
8
Note:
A defendant bears an evidential burden in relation to the matter in this
9
subsection: see subsection 13.3(3) of the Criminal Code.
10
179 Section 103
11
Repeal the section, substitute:
12
103 Offence to enter or remain on accident site without permission
13
A person commits an offence if:
14
(a) an accident site has been secured under subsection 99(1); and
15
(b) the person enters or remains on the site without the
16
Investigator's permission.
17
Penalty: 10 penalty units.
18
180 Before section 104
19
Insert:
20
103A Simplified outline of this Part
21
•
This Part deals with miscellaneous matters, such as
22
delegation, operation of other laws, immunity and rules.
23
181 Section 104
24
After "this Act", insert "(except the power under subsection 110(1))".
25
182 Subsection 107(2)
26
After "Federal Court", insert "or the Federal Circuit Court".
27
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183 After paragraph 108(2)(aa)
1
Insert:
2
(ab) giving effect to the Chicago Convention; and
3
184 At the end of subsection 108(3)
4
Add:
5
; and (c) the operation of Part 4A were expressly confined to cases in
6
which the launch party, for the launch of a high power rocket,
7
is such a corporation.
8
185 At the end of section 108
9
Add:
10
(7) This Act also has the effect that it would have if its operation were
11
expressly confined to matters incidental to the execution of any of
12
the legislative powers of the Parliament or the executive power of
13
the Commonwealth.
14
186 Section 109
15
Repeal the section.
16
187 Section 110
17
Repeal the section, substitute:
18
110 Rules
19
(1) The Minister may, by legislative instrument, make rules
20
prescribing matters:
21
(a) required or permitted by this Act to be prescribed by the
22
rules; or
23
(b) necessary or convenient to be prescribed for carrying out or
24
giving effect to this Act.
25
(2) To avoid doubt, the rules may not do the following:
26
(a) create an offence or civil penalty;
27
(b) provide powers of:
28
(i) arrest or detention; or
29
(ii) entry, search or seizure;
30
(c) impose a tax;
31
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(d) set an amount to be appropriated from the Consolidated
1
Revenue Fund under an appropriation in this Act;
2
(e) directly amend the text of this Act.
3
(3) Despite subsection 14(2) of the Legislation Act 2003, the rules may
4
make provision in relation to a matter by applying, adopting or
5
incorporating, with or without modification, any matter contained
6
in an instrument or other writing as in force or existing from time
7
to time.
8
188 Schedules 1 to 6
9
Repeal the Schedules.
10
189 Transitional provisions
--existing approvals
11
Space licence
12
(1)
A space licence in force under the Space Activities Act 1998
13
immediately before the commencement of this item covering a
14
particular launch facility has effect on and after that commencement as
15
if it were a launch facility licence in force under the Space (Launches
16
and Returns) Act 2018 covering that launch facility.
17
Launch permit
18
(2)
If:
19
(a) a launch permit is in force under the Space Activities Act
20
1998 immediately before the commencement of this item;
21
and
22
(b) immediately before that commencement, one or more
23
launches covered by the permit have not occurred;
24
the launch permit has effect on and after that commencement as if it
25
were an Australian launch permit in force under the Space (Launches
26
and Returns) Act 2018 covering those launches.
27
Overseas launch certificate
28
(3)
If:
29
(a) an overseas launch certificate is in force under the Space
30
Activities Act 1998 immediately before the commencement of
31
this item; and
32
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(b) immediately before that commencement, one or more
1
launches covered by the certificate have not occurred;
2
the overseas launch certificate has effect on and after that
3
commencement as if it were an overseas payload permit in force under
4
the Space (Launches and Returns) Act 2018 covering those launches.
5
Return authorisation
6
(4)
If:
7
(a) an authorisation under section 43 of the Space Activities Act
8
1998 is in force immediately before the commencement of
9
this item; and
10
(b) immediately before that commencement, one or more returns
11
covered by the authorisation have not occurred;
12
then the Space Activities Act 1998, as in force immediately before that
13
commencement, continues to apply on and after that commencement in
14
relation to that authorisation.
15
Exemption certificate
16
(5)
If:
17
(a) an exemption certificate is in force under the Space Activities
18
Act 1998 immediately before the commencement of this item
19
in relation to section 11 of that Act; and
20
(b) immediately before that commencement, the launch
21
concerned had not occurred;
22
the exemption certificate has effect on and after that commencement as
23
if it were an authorisation certificate in force under the Space (Launches
24
and Returns) Act 2018 in relation to section 12 of that Act and to that
25
launch.
26
(6)
If:
27
(a) an exemption certificate is in force under the Space Activities
28
Act 1998 immediately before the commencement of this item
29
in relation to section 13 of that Act; and
30
(b) immediately before that commencement, the return
31
concerned had not occurred;
32
Main amendments Schedule 1
No. , 2018
Space Activities Amendment (Launches and Returns) Bill 2018
69
the exemption certificate has effect on and after that commencement as
1
if it were an authorisation certificate in force under the Space (Launches
2
and Returns) Act 2018 in relation to section 15 of that Act and to that
3
return.
4
(7)
An exemption certificate in force under the Space Activities Act 1998
5
immediately before the commencement of this item in relation to
6
section 15 of that Act and to a particular launch facility has effect on
7
and after that commencement as if it were an authorisation certificate in
8
force under the Space (Launches and Returns) Act 2018 in relation to
9
section 11 of that Act and to that launch facility.
10
Limit on application of new sections
11
(8)
Sections 27, 37, 46K and 46Y of the Space (Launches and Returns) Act
12
2018 do not apply to a launch facility licence, an Australian launch
13
permit, an overseas payload permit or an authorisation certificate
14
covered by subitem (1), (2), (3), (5), (6) or (7).
15
190 Transitional provisions
--pending applications
16
Space licence
17
(1)
An application for a space licence that was made before the
18
commencement of this item but not decided immediately before that
19
commencement has effect on and after that commencement as if it were
20
an application for a launch facility licence.
21
Launch permit
22
(2)
An application for a launch permit that was made before the
23
commencement of this item but not decided immediately before that
24
commencement has effect on and after that commencement as if it were
25
an application for an Australian launch permit.
26
Overseas launch certificate
27
(3)
An application for an overseas launch certificate that was made before
28
the commencement of this item but not decided immediately before that
29
commencement has effect on and after that commencement as if it were
30
an application for an overseas payload permit.
31
Schedule 1 Main amendments
70
Space Activities Amendment (Launches and Returns) Bill 2018
No. , 2018
Return authorisation
1
(4)
If:
2
(a) an application for an authorisation under section 43 of the
3
Space Activities Act 1998 was made before the
4
commencement of this item; and
5
(b) immediately before that commencement, the application had
6
not been decided;
7
then the Space Activities Act 1998, as in force immediately before that
8
commencement, continues to apply on and after that commencement in
9
relation to that application and to any authorisation given as a result of
10
that application.
11
191 Transitional provisions
--other matters
12
(1)
The Minister may, by legislative instrument, make rules prescribing
13
matters of a transitional nature (including prescribing any saving or
14
application provisions) relating to the amendments or repeals made by
15
this Schedule.
16
(2)
To avoid doubt, the rules may not do the following:
17
(a) create an offence or civil penalty;
18
(b) provide powers of:
19
(i) arrest or detention; or
20
(ii) entry, search or seizure;
21
(c) impose a tax;
22
(d) set an amount to be appropriated from the Consolidated
23
Revenue Fund under an appropriation in this Act;
24
(e) directly amend the text of this Schedule.
25
(3)
This Schedule (other than subitem (2)) does not limit the rules that may
26
be made for the purposes of subitem (1).
27
Consequential amendments Schedule 2
No. , 2018
Space Activities Amendment (Launches and Returns) Bill 2018
71
Schedule 2--Consequential amendments
1
2
Customs Tariff Act 1995
3
1 Schedule 4 (table item 41)
4
Omit "Space Activities Act 1998", substitute "Space (Launches and
5
Returns) Act 2018".
6