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This is a Bill, not an Act. For current law, see the Acts databases.
1998
The Parliament of
the
Commonwealth of
Australia
THE
SENATE
Presented and read a first
time
Space
Activities Bill 1998
No. ,
1998
(Industry, Science and
Resources)
A Bill for an Act about space
activities, and for related purposes
ISBN: 0642 377316
Contents
A Bill for an Act about space activities, and for related
purposes
The Parliament of Australia enacts:
This Act may be cited as the Space Activities Act 1998.
This Act commences on the day on which it receives the Royal
Assent.
The objects of this Act are:
(a) to establish a system for the regulation of space activities carried
on either from Australia or by Australian nationals outside Australia;
and
(b) to provide for the payment of adequate compensation for damage caused
to persons or property as a result of space activities regulated by this Act;
and
(c) to implement certain of Australia’s obligations under the UN
Space Treaties.
Note: This Act does not limit the operation of other laws of
the Commonwealth (except so far as the other laws are inconsistent with this
Act): see section 104.
The following is a simplified outline of this Act:
• Certain space activities carried on in
Australia must be covered by an approval under Part 3.
• An Australian national who carries on certain
space activities outside Australia must also be covered by such an
approval.
• Part 4 has rules about liability for damage
that space activities cause.
• A Register of Space Objects is established
under Part 5.
• Part 6 deals with civil penalties.
• Part 7 provides for investigating accidents
and incidents.
(1) This Act binds the Crown in each of its capacities.
Note: Division 1 of Part 3 does not bind the Commonwealth:
see section 16.
(2) However, this Act does not make the Crown liable to be prosecuted for
an offence.
This Act extends to the external Territories.
The Criminal Code applies to all offences against this
Act.
In this Act, unless the contrary intention appears:
accident has the meaning given by section 84.
accident site has the meaning given by section 97.
accident site premises has the meaning given by section
97.
Australia, when used in a geographical sense, includes the
external Territories.
Australian national means:
(a) an Australian citizen; or
(b) a body incorporated by or under a law of the Commonwealth, of a State
or of a Territory; or
(c) the Commonwealth, a State or a Territory.
civil penalty provision has the meaning given by section
79.
damage has the same meaning as in the Liability
Convention.
exemption certificate means a certificate issued under
section 46.
fault has the same meaning as in the Liability
Convention.
gross negligence has the meaning given by the regulations.
But if the regulations do not give the term a meaning, it has the same meaning
as in the Liability Convention.
incident has the meaning given by section 85.
insured amount, for a launch permit, overseas launch
certificate or section 43 authorisation, means the amount for which the holder
of the permit, certificate or authorisation is required to be insured under
Division 7 of Part 3 in respect of the launch or launches, and any return,
covered by the permit, certificate or authorisation. In determining this amount,
disregard paragraph 47(2)(b) (which deals with direct financial
responsibility).
Investigator means a person appointed under section
87.
launch a space object means launch the object into outer
space, or attempt to do so.
launch facility means a facility (whether fixed or mobile) or
place specifically designed or constructed as a facility or place from which
space objects can be launched, and includes all other facilities at the facility
or place that are necessary to conduct a launch.
launching State has the same meaning as in the Liability
Convention.
launch permit means a permit granted under section
26.
Launch Safety Officer, for a licensed launch facility, means
the person appointed by the Minister under section 50 for the
facility.
launch vehicle means a vehicle that can carry a payload into
or back from outer space.
Liability Convention means the Convention on International
Liability for Damage Caused by Space Objects done at London, Moscow and
Washington on 29 March 1972 and whose English text is set out in Schedule
1.
liability period means:
(a) for the launch of a space object—the period of 30 days beginning
when the launch takes place, or such other period as is specified in the
regulations; and
(b) for the return of a space object—the period beginning when the
relevant re-entry manoeuvre is begun and ending when the object has come to rest
on Earth, or such other period as is specified in the regulations.
licensed launch facility means a launch facility for which a
person holds a space licence: see section 18.
occupier of premises includes a person present at the
premises who apparently represents the occupier.
overseas launch certificate means a certificate granted under
section 35.
payload includes a load to be carried for testing purposes or
otherwise on a non-profit basis.
premises includes a place and a conveyance.
Register means the Register of Space Objects kept under
section 75.
Registration Convention means the Convention on Registration
of Objects Launched into Outer Space done at New York on 14 January 1975 and
whose English text is set out in Schedule 2.
related party has the meaning given by section 9.
responsible party, for the launch or return of a space
object, means:
(a) in the case of a launch or return authorised by a launch
permit—the holder of the permit; or
(b) in the case of a return authorised by a permission under subsection
43(1)—the holder of the permission; or
(c) in the case of a return authorised by an agreement between the
Minister and another person under subsection 43(2)—that other person;
or
(d) in the case of a launch or return that:
(i) is not authorised as mentioned in paragraph (a), (b) or (c);
but
(ii) is covered by an exemption certificate (see section 46);
the holder of the exemption certificate; or
(e) in the case of a launch authorised by an overseas launch
certificate—the holder of the certificate; or
(f) in any other case—each of the following persons:
(i) the person or persons who carried out the launch or return of the
space object;
(ii) any person who, at any time during the liability period for the
launch or return, owned all or some of any payload forming part of the space
object concerned;
(iii) any other person specified in regulations made for the purposes of
this definition.
But, in relation to a launch to which paragraph (f) applies, if the space
object was launched from a launch facility outside Australia, a person is only a
responsible party if the person is also an Australian
national.
return a space object means return the space object from
outer space to Earth, or attempt to do so.
space licence means a licence granted under section
18.
space object means a thing consisting of:
(a) a launch vehicle; and
(b) a payload (if any) that the launch vehicle is to carry into or back
from outer space;
or any part of such a thing, even if:
(c) the part is to go only some of the way towards or back from outer
space; or
(d) the part results from the separation of a payload or payloads from a
launch vehicle after launch.
standard launch permit condition means a condition to which a
launch permit is subject because of section 29.
third party, for the launch or return of a space object,
means a person who is not a responsible party for the launch or return and who
is not a related party (see section 9) of any responsible party for the launch
or return.
UN space treaties means the
following:
(a) the Liability Convention;
(b) the Registration Convention;
(c) the Treaty on Principles Governing the Activities of States in the
Exploration and Use of Outer Space, Including the Moon and Other Celestial
Bodies done at London, Moscow and Washington on 27 January 1967 and whose
English text is set out in Schedule 3;
(d) the Agreement Governing the Activities of States on the Moon and Other
Celestial Bodies done at New York on 18 December 1979 and whose English text is
set out in Schedule 4;
(e) the Agreement on the Rescue of Astronauts, the Return of Astronauts
and the Return of Objects Launched into Outer Space done at London, Moscow and
Washington on 22 April 1968 and whose English text is set out in Schedule
5.
(1) A person (the first person) is a related
party of a responsible party for the launch or return of a space object
if:
(a) the first person has a financial or ownership interest in all or part
of the space object; or
(b) the first person was involved in preparing all or part of the space
object for the launch or return; or
(c) the first person is a contractor, subcontractor or supplier involved
in the launch or return or the preparation of all or part of the space object
for the launch or return; or
(d) the first person is a director, officer, employee or agent of the
responsible party.
(2) However, the regulations may provide that specified persons are, or
are not, related parties of a responsible party.
The following is a simplified outline of this Part:
• Under Division 1, certain space activities
are prohibited unless appropriate approvals are obtained.
• The various approvals are dealt with in
Division 2 (space licences), Division 3 (launch permits), Division 4 (overseas
launch certificates), Division 5 (return of overseas-launched space objects) and
Division 6 (exemption certificates).
• Some of those approvals have
insurance/financial requirements, which are set out in Division 7.
• The Minister is to appoint a Launch Safety
Officer for each licensed launch facility: see Division 8.
• Division 9 has some rules about
administration etc.
If:
(a) a person launches a space object from a launch facility located in
Australia; and
(b) the launch is not authorised by a launch permit held by any person;
and
(c) no exemption certificate (see section 46) covering the launch is held
by any person; and
(d) the launch is not conducted in accordance with any agreement of the
kind mentioned in subsection 108(1);
the first-mentioned person is guilty of an offence punishable on conviction
by:
(e) in the case of a body corporate—a fine not exceeding 100,000
penalty units; or
(f) in the case of an individual—imprisonment for a term not
exceeding 10 years, or a fine not exceeding 600 penalty units, or
both.
Note 1: Chapter 2 of the Criminal Code sets out the
general principles of criminal responsibility.
Note 2: See section 4AA of the Crimes Act 1914 for
the current value of a penalty unit.
If:
(a) a space object is launched from a launch facility located outside
Australia; and
(b) the launch is not authorised by an overseas launch certificate held by
any person; and
(c) an Australian national is a responsible party for the
launch;
the Australian national is guilty of an offence punishable on conviction
by:
(d) in the case of a body corporate—a fine not exceeding 100,000
penalty units; or
(e) in the case of an individual—imprisonment for a term not
exceeding 10 years, or a fine not exceeding 600 penalty units, or
both.
Note 1: Chapter 2 of the Criminal Code sets out the
general principles of criminal responsibility.
Note 2: See section 4AA of the Crimes Act 1914 for
the current value of a penalty unit.
If:
(a) a person returns a space object to a place anywhere in Australia;
and
(b) the object, or any part of it, was launched from a launch facility
located in Australia; and
(c) the return is not authorised by a launch permit held by any person;
and
(d) no exemption certificate (see section 46) covering the return is held
by any person; and
(e) the return is not conducted in accordance with any agreement of the
kind mentioned in subsection 108(1);
the first-mentioned person is guilty of an offence punishable on conviction
by:
(f) in the case of a body corporate—a fine not exceeding 100,000
penalty units; or
(g) in the case of an individual—imprisonment for a term not
exceeding 10 years, or a fine not exceeding 600 penalty units, or
both.
Note 1: Chapter 2 of the Criminal Code sets out the
general principles of criminal responsibility.
Note 2: See section 4AA of the Crimes Act 1914 for
the current value of a penalty unit.
If:
(a) a person returns a space object to a place anywhere in Australia;
and
(b) neither the object, nor any part of it, was launched from a launch
facility located within Australia; and
(c) the return of the object to that place is not authorised under section
43;
the person is guilty of an offence punishable on conviction by:
(d) in the case of a body corporate—a fine not exceeding 100,000
penalty units; or
(e) in the case of an individual—imprisonment for a term not
exceeding 10 years, or a fine not exceeding 600 penalty units, or
both.
Note 1: Chapter 2 of the Criminal Code sets out the
general principles of criminal responsibility.
Note 2: See section 4AA of the Crimes Act 1914 for
the current value of a penalty unit.
A person must not operate a launch facility in Australia, or do anything
directly connected with operating a launch facility in Australia, using a
particular kind of launch vehicle, unless:
(a) the person holds a space licence (see Division 2) for the facility and
the kind of launch vehicle; or
(b) the person is a related party (see section 9), for any launches
conducted from the facility, of a person who holds such a licence; or
(c) the person is acting as an employee, contractor or agent of a person
who holds such a licence; or
(d) an exemption certificate (see section 46) covering:
(i) the operation of the facility, or the things connected with the
operation; and
(ii) the kind of launch vehicle;
is held by any person; or
(e) the operation of the facility, or the things connected with the
operation, are done in accordance with an agreement of the kind mentioned in
subsection 108(1).
Note: Contravening this section is not an offence. However,
a person who contravenes this section is liable to a civil penalty under Part
6.
This Division does not apply to:
(a) the Commonwealth; or
(b) a person acting as an employee or agent of the Commonwealth or as a
member of the Defence Force.
Example: The Commonwealth and a private company are to carry
out a launch as joint venturers. The Commonwealth would not need a space licence
or launch permit etc. to do so, but the private company would (unless the
company were acting as an agent of the Commonwealth, in which case it too would
be exempt from this Division).
(1) If an agreement between Australia and another country or countries
provides for the establishment of an international organisation whose sole or
principal function is to carry on activities in outer space, this Division does
not apply in relation to anything done in accordance with the
agreement.
(2) This section applies whether the agreement was made before or after
the commencement of this Act.
The Minister may grant to a person a space licence covering a particular
launch facility in Australia, and a particular kind of launch vehicle,
if:
(a) the Minister is satisfied that the person is competent to operate the
launch facility and launch vehicles of that kind; and
(b) the Minister does not consider that, for reasons relevant to
Australia’s national security, foreign policy or international
obligations, the space licence should not be granted; and
(c) the criteria (if any) prescribed by the regulations are satisfied in
relation to the launch facility; and
(d) the criteria (if any) prescribed by the regulations are satisfied in
relation to that kind of launch vehicle.
Example: For the purposes of paragraph (d), the regulations
could prescribe criteria dealing with matters such as the design of the launch
vehicle and technical aspects of the way in which such vehicles are to be
operated.
Note: Under subsection 33(3) of the Acts Interpretation
Act 1901, the Minister may vary or revoke a space licence.
A space licence:
(a) must specify the day on which it comes into force; and
(b) remains in force for the period specified in the licence, which must
be no longer than 20 years; and
(c) is granted subject to the standard space licence conditions in section
20 and any other conditions specified in the licence.
The following are conditions of each space licence granted to a person,
except to the extent that the licence otherwise specifies:
(a) the holder of the licence must give the Minister any information that
the Minister asks for under section 60 about the licence;
(b) the holder must:
(i) allow the Launch Safety Officer for the facility (see Division 8)
reasonable access to the facility and to any space object at the facility;
and
(ii) ensure that the Launch Safety Officer is given any information or
assistance that the Launch Safety Officer reasonably requests for the proper
performance of a function;
(c) any other condition specified in the regulations.
The holder of a space licence must not contravene a condition of the
licence.
Note: Contravening this section is not an offence. However,
a person who contravenes this section is liable to a civil penalty under Part
6.
(1) The Minister may, by written notice, transfer a space licence to
another person if the Minister could grant the space licence to the other person
under section 18.
(2) The transfer takes effect at the time specified in the
notice.
(3) The licence continues to cover the same launch facility and the same
kind of launch vehicle.
(4) The licence has effect subject to the same conditions as the original
licence (unless the Minister varies the conditions).
(5) The period for which the licence remains in force continues to run
despite the transfer.
An application for the grant or transfer of a space licence must be made
in accordance with the regulations.
(1) If the Minister considers that there may be grounds to vary, revoke or
transfer a space licence (other than at the licensee’s request), the
Minister must:
(a) give the licensee written notice of the Minister’s opinion
specifying the reasons for that opinion; and
(b) invite the licensee to make a written submission to the Minister about
the matter within a reasonable period specified in the notice.
(2) In deciding whether to vary, revoke or transfer a space licence, the
Minister must consider the matters raised in any submission received within the
period specified in the notice.
(3) A space licence must not be varied in a way that changes the location
of the licensed launch facility.
(1) The Minister may, by written notice, suspend a space licence
if:
(a) the holder of the licence contravenes a condition of the licence;
or
(b) the Minister considers that, for reasons relevant to Australia’s
national security, foreign policy or international obligations, the licence
should be suspended.
Note: Under subsection 33(3) of the Acts Interpretation
Act 1901, the Minister may revoke a suspension.
(2) A space licence has no effect while suspended, but the period for
which it remains in force continues to run despite the suspension.
(3) A space licence may be revoked or varied even while it is
suspended.
(1) The Minister may grant a launch permit to a person
authorising:
(a) the launch of a particular space object; or
(b) a particular series of launches of space objects that, in the
Minister’s opinion, having regard to the nature of any payloads to be
carried, may appropriately be authorised by a single launch permit;
from a specified launch facility in Australia using a specified kind of
launch vehicle.
Note: Under subsection 33(3) of the Acts Interpretation
Act 1901, the Minister may vary or revoke a launch permit granted under this
section.
(2) The launch permit may also authorise particular space objects to be
returned, in connection with the launch or launches, to a specified place or
area in Australia.
Note: A returning space object need not be the same as the
space object launched. For example, a launch vehicle could carry a payload into
outer space and return without it, or even collect a different payload from
outer space and return that to Earth.
(3) The Minister may grant the launch permit to the person only if all of
the following criteria are satisfied:
(a) the person holds a space licence (see Division 2) covering the launch
facility and the kind of launch vehicle concerned;
(b) the person is a corporation to which paragraph 51(xx) of the
Constitution applies;
(c) the Minister is satisfied that the person who is to carry out the
launch or launches, and any connected return, is competent to do so;
(d) the Minister is satisfied that the insurance/financial requirements in
Division 7 will be satisfied for the launch or launches, and any connected
return;
(e) the Minister is satisfied that the probability of the launch or
launches, or any connected return, causing substantial harm to public health or
public safety or causing substantial damage to property is sufficiently
low;
(f) the space object or objects concerned are not and do not contain a
nuclear weapon or a weapon of mass destruction of any other kind;
(g) the Minister does not consider that, for reasons relevant to
Australia’s national security, foreign policy or international
obligations, the launch permit should not be granted;
(h) any other criteria prescribed by the regulations.
(4) If a country other than Australia is also a launching State for the
space object or any of the space objects, the Minister may, in deciding whether
to grant the launch permit, have regard to:
(a) whether there is an agreement between Australia and that other country
under which that country assumes any liability, and indemnifies Australia, for
any damage that the space object or objects may cause; and
(b) the terms of that agreement.
Note: This subsection does not, by implication, limit the
matters to which the Minister may have regard.
If the launch facility specified in a launch permit is in Australia, the
permit has no effect during any period when the holder of the permit does not
also hold a space licence (see Division 2) covering the facility and the kind of
launch vehicle concerned.
(1) A launch permit authorising the launch of a space object or objects,
and any connected return:
(a) must specify the day on which it comes into force and the period for
which it remains in force; and
(b) is granted subject to the standard launch permit conditions in section
29 and any other conditions specified in the regulations or in the launch
permit.
(2) A launch permit may specify that the period during which it remains in
force ends on the occurrence of a particular event (rather than at a specified
time). For this purpose, the regulations may set out how to determine when
events of a particular kind occur.
Example: A launch permit might specify that it expires when
the relevant launch has been (successfully or unsuccessfully) completed. The
regulations could set out how to determine when this is.
(3) At any time when a launch permit is in force, the Minister may, by
written notice, extend or further extend the period for which the permit remains
in force.
The following are conditions of each launch permit (called standard
launch permit conditions), except to the extent that the permit
otherwise specifies:
(a) the launch or launches, and any connected return, must not be
conducted in a way that is likely to cause substantial harm to public health or
public safety or to cause substantial damage to property;
(b) the space object or objects must not be or contain a nuclear weapon or
a weapon of mass destruction of any other kind;
(c) the holder of the permit must satisfy the insurance/financial
requirements in Division 7 for each launch, and each return, conducted under the
permit.
(1) The holder of a launch permit must not contravene a condition of the
launch permit (whether or not the condition is a standard launch permit
condition).
Note: Contravening this subsection is not an offence.
However, a person who contravenes this subsection is liable to a civil penalty
under Part 6.
(2) If the holder of a launch permit:
(a) by any intentional act or omission, contravenes a standard launch
permit condition (see section 29) of the permit; and
(b) is reckless as to whether the act or omission contravenes the
condition;
the holder is guilty of an offence punishable on conviction by:
(c) in the case of a body corporate—a fine not exceeding 100,000
penalty units; or
(d) in the case of an individual—imprisonment for a term not
exceeding 10 years, or a fine not exceeding 600 penalty units, or
both.
Note 1: Chapter 2 of the Criminal Code sets out the
general principles of criminal responsibility.
Note 2: See section 4AA of the Crimes Act 1914 for
the current value of a penalty unit.
(3) The Minister may take civil proceedings under Part 6 against a person
who is alleged to have breached a standard launch permit condition of a launch
permit, as an alternative to prosecution for an offence against subsection
(2).
(1) The Minister may, by written notice, transfer a launch permit to
another person if the Minister could grant the launch permit to the other person
under section 26.
(2) The transfer takes effect at the time specified in the
notice.
(3) The permit continues to cover the same launch facility and the same
kind of launch vehicle.
(4) The permit has effect subject to the same conditions as the original
permit (unless the Minister varies the conditions).
(5) The period for which the permit remains in force continues to run
despite the transfer.
An application for the grant or transfer of a launch permit must be made
in accordance with the regulations.
(1) If the Minister considers that there may be grounds to vary, revoke or
transfer a launch permit (other than at the permit holder’s request), the
Minister must:
(a) give the holder of the permit written notice of the Minister’s
opinion specifying the reasons for that opinion; and
(b) invite the holder to make a written submission to the Minister about
the matter within a reasonable period specified in the notice.
(2) In deciding whether to vary, revoke or transfer the permit, the
Minister must consider the matters raised in any submission received within the
period specified in the notice.
(3) A launch permit must not be varied in a way that changes the location
of the relevant launch facility.
(1) The Minister may, by written notice, suspend a launch permit
if:
(a) the holder of the permit contravenes a condition of the permit;
or
(b) the Minister considers that, for reasons relevant to Australia’s
national security, foreign policy or international obligations, the permit
should be suspended.
Note: Under subsection 33(3) of the Acts Interpretation
Act 1901, the Minister may revoke a suspension.
(2) A launch permit has no effect while suspended, but the period for
which it remains in force continues to run despite the suspension.
(3) A launch permit may be revoked or varied even while it is
suspended.
(1) The Minister may grant an overseas launch certificate to a person
authorising:
(a) the launch of a particular space object; or
(b) a particular series of launches of space objects that, in the
Minister’s opinion, having regard to the nature of any payloads to be
carried, may appropriately be authorised by a single overseas launch
certificate;
from a specified launch facility outside Australia using a specified kind
of launch vehicle.
Note 1: Overseas launch certificates are only required if an
Australian national would be a responsible party for the launch—see
section 12.
Note 2: Under subsection 33(3) of the Acts Interpretation
Act 1901, the Minister may vary or revoke an overseas launch certificate
granted under this section.
(2) The Minister may grant the overseas launch certificate to the person
only if all of the following criteria are satisfied:
(a) the Minister is satisfied either:
(i) that the insurance/financial requirements in Division 7 will be
satisfied for each launch to be conducted under the certificate; or
(ii) that, having regard to the nature and purpose of the space object or
space objects concerned, it is not necessary to insist that those
insurance/financial requirements be satisfied;
(b) the Minister is satisfied that the probability of the launch or
launches causing substantial harm to public health or public safety or causing
substantial damage to property is sufficiently low;
(c) the Minister does not consider that, for reasons relevant to
Australia’s national security, foreign policy or international
obligations, the overseas launch certificate should not be granted;
(d) any other criteria prescribed by the regulations.
(3) The Minister may, in deciding whether to grant the overseas launch
certificate, have regard to:
(a) whether there is an agreement between Australia and the other
launching State, or any of the other launching States, under which that State or
those States assume liability, and indemnify Australia, for any damage that the
space object or objects may cause; and
(b) the terms of that agreement.
Note: This subsection does not, by implication, limit the
matters to which the Minister may have regard.
(1) An overseas launch certificate authorising the launch of a space
object or objects:
(a) must specify the day on which it comes into force and the period for
which it remains in force; and
(b) is granted subject to any conditions specified in the
certificate.
(2) An overseas launch certificate may specify that the period during
which it remains in force ends on the occurrence of a particular event (rather
than at a specified time). For this purpose, the regulations may set out how to
determine when events of a particular kind occur.
Example: An overseas launch certificate might specify that
its period expires when the relevant launch has been (successfully or
unsuccessfully) completed. The regulations could set out how to determine when
this is.
(3) At any time when an overseas launch certificate is in force, the
Minister may, by written notice, extend or further extend the period for which
the certificate remains in force.
The holder of an overseas launch certificate must not contravene a
condition of the certificate.
Note: Contravening this section is not an offence. However,
a person who contravenes this section is liable to a civil penalty under Part
6.
(1) The Minister may, by written notice, transfer an overseas launch
certificate to another person if the Minister would have power to grant the
overseas launch certificate to the other person under section 35.
(2) The transfer takes effect at the time specified in the
notice.
(3) The certificate continues to cover the same launch facility and the
same kind of launch vehicle.
(4) The certificate has effect subject to the same conditions as the
original certificate (unless the Minister varies the conditions).
(5) The period for which the certificate remains in force continues to run
despite the transfer.
An application for the grant or transfer of an overseas launch
certificate must be made in accordance with the regulations.
(1) If the Minister considers that there may be grounds to vary, revoke or
transfer an overseas launch certificate (other than at the certificate
holder’s request), the Minister must:
(a) give the holder of the certificate written notice of the
Minister’s opinion specifying the reasons for that opinion; and
(b) invite the holder to make a written submission to the Minister about
the matter within a reasonable period specified in the notice.
(2) In deciding whether to vary, revoke or transfer the certificate, the
Minister must consider the matters raised in any submission received within the
period specified in the notice.
(3) An overseas launch certificate must not be varied in a way that
changes the location of the relevant launch facility.
(1) The Minister may, by written notice, suspend an overseas launch
certificate if:
(a) the holder of the certificate contravenes a condition of the
certificate; or
(b) in a subparagraph 35(2)(a)(i) case—the Minister is satisfied
that the insurance/financial requirements in Division 7 are not satisfied for a
launch to be conducted under the certificate; or
(c) the Minister considers that, for reasons relevant to Australia’s
national security, foreign policy or international obligations, the certificate
should be suspended.
Note: Under subsection 33(3) of the Acts Interpretation
Act 1901, the Minister may revoke a suspension.
(2) An overseas launch certificate has no effect while suspended, but the
period for which it remains in force continues to run despite the
suspension.
(3) An overseas launch certificate may be revoked or varied even while it
is suspended.
This Division applies if:
(a) a space object is launched, or is proposed to be launched, from a
launch facility outside Australia; and
(b) in connection with that launch, a space object is proposed to be
returned to an area or place within Australia.
Note: The returning space object need not be the same as the
space object launched. For example, a launch vehicle could carry a payload into
outer space and return without it, or even collect a different payload from
outer space and return that to Earth.
(1) The Minister may give a person written permission
authorising:
(a) the return of the space object concerned to a specified place or area
in Australia; or
(b) a particular series of such returns that, in the Minister’s
opinion, having regard to the nature of the space objects to be returned, may
appropriately be authorised by a single permission.
(2) Alternatively, the Minister may, on behalf of the Commonwealth, enter
into an agreement with a person under which such a return or such a series of
returns is authorised.
(3) The return or returns may be authorised under this section only if all
of the following criteria are satisfied:
(a) the Minister is satisfied that the person who is to carry out the
return or returns is competent to do so;
(b) the Minister is satisfied that the insurance/financial requirements in
Division 7 will be satisfied for the return or returns;
(c) the Minister is satisfied that the probability of the return or
returns causing substantial harm to public health or public safety or causing
substantial damage to property is sufficiently low;
(d) the space object or objects concerned are not and do not contain a
nuclear weapon or a weapon of mass destruction of any other kind;
(e) the Minister does not consider that, for reasons relevant to
Australia’s national security, foreign policy or international
obligations, the authorisation should not be given;
(f) any other criteria prescribed by the regulations.
(4) The Minister may, in deciding whether to give an authorisation under
this section, have regard to:
(a) whether there is an agreement between Australia and any country that
is a launching State for any space object concerned under which that country
assumes any liability, and indemnifies Australia, for any damage that the space
object may cause; and
(b) the terms of that agreement.
Note: This subsection does not, by implication, limit the
matters to which the Minister may have regard.
(5) An authorisation under this section may be given subject to any
conditions that the Minister determines.
(1) If a person returns a space object purportedly in accordance with an
authorisation of the kind mentioned in section 43 and:
(a) the return is conducted in a way that is likely to cause substantial
harm to public health or public safety or to cause substantial damage to
property; or
(b) the space object is or contains a nuclear weapon or a weapon of mass
destruction of any other kind; or
(c) the insurance/financial requirements in Division 7 are not satisfied
for the return;
the person is guilty of an offence punishable on conviction by:
(d) in the case of a body corporate—a fine not exceeding 100,000
penalty units; or
(e) in the case of an individual—imprisonment for a term not
exceeding 10 years, or a fine not exceeding 600 penalty units, or
both.
Note 1: Chapter 2 of the Criminal Code sets out the
general principles of criminal responsibility.
Note 2: See section 4AA of the Crimes Act 1914 for
the current value of a penalty unit.
(2) The Minister may take civil proceedings under Part 6 against a person
who is alleged to have committed an offence against subsection (1), as an
alternative to prosecution.
A person who is authorised under section 43 to return a space object must
not contravene a condition of the authorisation.
Note: Contravening this section is not an offence. However,
a person who contravenes this section is liable to a civil penalty under Part
6.
(1) The Minister may issue to any person an exemption certificate covering
specified conduct that might otherwise be prohibited under section 11, 13 or
15.
Note 1: Under subsection 33(3) of the Acts Interpretation
Act 1901, the Minister may vary or revoke an exemption
certificate.
Note 2: Under subsection 33(3A) of the Acts
Interpretation Act 1901, conduct may be specified by reference to a
particular class or classes of conduct.
(2) The regulations may set out matters to which the Minister must have
regard in deciding whether to issue an exemption certificate.
Example: The regulations might set out criteria such as
whether a launch would be in the national interest or would confer a significant
national benefit, whether there is a risk that a launch might cause substantial
harm to public health or public safety or damage to property or whether there is
a risk that a launch might expose the Commonwealth to liability for damage
caused.
Note: This subsection does not, by implication, limit the
matters to which the Minister may have regard.
(1) This Division sets out the insurance/financial
requirements mentioned in Divisions 3, 4 and 5.
(2) The holder of a launch permit, overseas launch certificate or section
43 authorisation, covering a launch or return, satisfies the
insurance/financial requirements for the launch or return
if:
(a) throughout the liability period for the launch or return, the
insurance requirements in section 48 are satisfied; or
(b) the holder has, in accordance with the regulations, shown direct
financial responsibility for the launch or return.
(1) The insurance requirements are satisfied for:
(a) a launch or return authorised by a launch permit; or
(b) a return authorised under section 43;
if:
(c) the holder of the permit or authorisation is insured (to the extent
required by subsection (3)) against any liability that the holder might incur
under this Act to pay compensation for any damage to third parties that the
launch or return causes; and
(d) the Commonwealth is insured (to the extent required by subsection (3))
against any liability that the Commonwealth might incur, under the Liability
Convention or otherwise under international law, to pay compensation for such
damage.
Note 1: The insurance cover mentioned in paragraphs (c) and
(d) may be provided by separate policies. Alternatively, the holder of the
permit or authorisation could take out a single policy that insures both the
holder and the Commonwealth.
Note 2: The Commonwealth is under no duty to take out any
insurance cover under this subsection—the onus is on the holder of the
permit or authorisation to ensure that the insurance/financial requirements are
satisfied.
(2) The insurance requirements are satisfied for a launch authorised by an
overseas launch certificate if the Commonwealth is insured (to the extent
required by subsection (3)) against any liability of the Commonwealth, under the
Liability Convention or otherwise under international law, to pay compensation
for any damage to third parties that the launch causes.
Note 1: The holder of the certificate could take out a
single policy that insures both the holder and the
Commonwealth.
Note 2: The Commonwealth is under no duty to take out any
insurance cover under this subsection—the onus is on the holder of the
certificate to ensure that the insurance/financial requirements are
satisfied.
(3) The total insurance, for each launch or return concerned, must be for
an amount not less than:
(a) the amount of the maximum probable loss that may be incurred in
respect of damage to third parties caused by the launch or return, as determined
using the method set out in the regulations; or
(b) if the regulations set out a different method of determining a minimum
amount for the purposes of this subsection—the amount determined using
that method.
Nothing in this Act prevents any person from taking out any additional
insurance.
For each licensed launch facility, the Minister must, by writing, appoint
a Launch Safety Officer. The same person may be Launch Safety Officer for more
than one facility.
The functions of the Launch Safety Officer for a licensed launch facility
are:
(a) to ensure that notice is given, in accordance with the regulations, of
launches conducted at the facility; and
(b) to ensure that no person or property is endangered by any launch
conducted at the facility, until the space object is safely in Earth orbit or
beyond; and
(c) to monitor the compliance by persons who hold a space licence or
launch permit relating to the facility with this Act and with the conditions of
the licence or permit.
(1) The Launch Safety Officer for a licensed launch facility may do all
things that are reasonably necessary or convenient to be done for the
performance of his or her functions.
(2) In particular, the Launch Safety Officer for a licensed launch
facility may:
(a) with the consent of the holder of the relevant space licence, or of
any person authorised by the holder to give that consent:
(i) enter and inspect the facility and any space object at the facility;
and
(ii) inspect and test any other equipment at the facility; and
(b) ask the holder, or any employee, agent or contractor of the holder, to
give him or her any information or assistance, for which he or she reasonably
asks, to assist in the proper performance of his or her functions; and
(c) give any directions about the launch of a space object carried out, or
proposed to be carried out, at the facility that he or she considers necessary
to avoid any danger to public health or to persons or property, including
directions to stop the launch or destroy the space object (whether before or
after it is launched).
(3) The Launch Safety Officer’s powers under this section do not
entitle him or her to enter a licensed launch facility without the consent of
the holder of the relevant space licence or of a person authorised by the holder
to give that consent.
(4) The Launch Safety Officer for a licensed launch facility is not
entitled to exercise any powers under this section at or on the facility
if:
(a) the holder of the relevant space licence, or an employee or agent of
the holder, has required the Launch Safety Officer to show identification;
and
(b) the Launch Safety Officer fails to comply with the
requirement.
(5) The Launch Safety Officer’s functions and powers do not entitle
him or her to be involved in the normal business operations of the holder of a
space licence or launch permit.
A person who fails to comply with a direction that the Launch Safety
Officer for a licensed launch facility gives under paragraph 52(2)(c) is guilty
of an offence.
Maximum penalty: 100 penalty units.
Note 1: Chapter 2 of the Criminal Code sets out the
general principles of criminal responsibility.
Note 2: See section 4AA of the Crimes Act 1914 for
the current value of a penalty unit.
(1) The regulations may prescribe the procedure to be followed
by:
(a) the Launch Safety Officer for a licensed launch facility in giving
directions under paragraph 52(2)(c); and
(b) any person to whom the Launch Safety Officer gives such a
direction.
(2) The regulations may prescribe penalties not exceeding 100 penalty
units for contravening regulations made for the purposes of paragraph (1)(b) of
this section.
(1) In performing a function or exercising a power under this Act, the
Launch Safety Officer for a licensed launch facility must comply with any
instructions the Minister gives the Launch Safety Officer.
(2) The Minister may give different instructions for different licensed
launch facilities.
(1) If, while exercising powers at or on a licensed launch facility, the
Launch Safety Officer for the facility suspects, on reasonable grounds,
that:
(a) a thing relevant to an offence against this Act is at or on the
facility; and
(b) because the circumstances are so serious and urgent, it is necessary
to:
(i) search the facility, and any receptacle at or on the facility, for the
thing; or
(ii) seize the thing;
to stop the thing from being concealed, lost or destroyed;
the Launch Safety Officer may do so.
(2) The Launch Safety Officer’s functions and powers do not entitle
him or her to seize anything otherwise than in accordance with this
section.
The Launch Safety Officer for a licensed launch facility may arrange for
other persons to assist him or her in the performance of his or her functions
for the facility.
(1) The Minister must issue the Launch Safety Officer for a licensed
launch facility with an identity card.
(2) An identity card must include a recent photograph of the
person.
(3) As soon as practicable after a person ceases to be the Launch Safety
Officer for a licensed launch facility, the person must return his or her
identity card to the Minister.
(4) A person who fails to do so is guilty of an offence.
Maximum penalty: 1 penalty unit.
Note 1: Chapter 2 of the Criminal Code sets out the
general principles of criminal responsibility.
Note 2: See section 4AA of the Crimes Act 1914 for
the current value of a penalty unit.
(1) The holder of a launch permit must pay the Commonwealth any fee the
regulations set in respect of launches authorised by the permit.
(2) The applicant for an overseas launch certificate must pay the
Commonwealth any fee the regulations set in respect of the
application.
(3) The applicant for a space licence must pay the Commonwealth any fee
the regulations set in respect of the application.
(4) The applicant for an exemption certificate must pay the Commonwealth
any fee the regulations set in respect of the application.
(5) A person who inspects the Register must pay the Commonwealth any fee
the regulations set in respect of the inspection.
(6) The regulations may set a fee mentioned in this section by setting the
amount of the fee or a way of working out the fee.
(7) A fee must not be such as to amount to taxation.
(8) The regulations may specify the time for payment of a fee.
The Minister may, by written notice, ask:
(a) an applicant for, or the holder of, a space licence; or
(b) an applicant for, or the holder of, a launch permit;
to give the Minister, within the period specified in the notice, any
information the Minister requires for the purposes of performing functions or
exercising powers under this Act in relation to the licence or permit.
An application may be made to the Administrative Appeals Tribunal for
review of any decision of the Minister:
(a) refusing to grant, vary or transfer a space licence; or
(b) varying, revoking, suspending or transferring a space licence;
or
(c) refusing to grant, vary or transfer a launch permit or overseas launch
certificate; or
(d) varying, revoking, suspending or transferring a launch permit or
overseas launch certificate; or
(e) refusing to extend, or further extend, the period for which a launch
permit or overseas launch certificate remains in force; or
(f) refusing to give or vary an authorisation under section 43;
or
(g) varying or revoking an authorisation under section 43; or
(h) refusing to grant or vary an exemption certificate; or
(i) varying or revoking an exemption certificate; or
(j) imposing a particular condition or conditions on a space licence,
launch permit, overseas launch certificate or authorisation under section
43.
(1) This Part applies to damage a space object causes if:
(a) either:
(i) the object is launched from a launch facility in Australia;
or
(ii) Australia is a launching State in relation to the object;
and
(b) the damage is caused during the liability period for the
launch.
(2) This Part also applies to damage a space object causes if:
(a) the object is returned to a place in Australia; and
(b) the damage is caused during the liability period for the
return.
(3) This Part applies to damage mentioned in subsection (1) or
(2):
(a) whether the damage happens on Earth, in the air or in space;
and
(b) whether the damage happens in Australia or outside it; and
(c) whether or not the launch or return was authorised under this Act;
and
(d) whether or not the launch or return was covered by an exemption
certificate.
(1) Compensation for damage to which this Part applies caused to third
parties is only payable in accordance with this Part.
(2) However, this section does not prevent Australia from complying with
any obligation to pay compensation under the Liability Convention, or otherwise
under international law, for such damage.
The regulations may make provision in relation to the waiver of some or
all of the rights of persons connected with a launch or return, and of their
employees, contractors and subcontractors, to seek compensation for damage to
which this Part applies.
This Subdivision applies to all damage to which this Part applies, except
for damage a space object causes in connection with the return of the space
object where:
(a) neither the object, nor any part of it, was launched from a launch
facility located within Australia; and
(b) the responsible party for the return is not an Australian
national.
Note: Subdivision B deals with that other kind of
damage.
(1) The responsible party for the launch or return of a space object is
liable to pay compensation for any damage the space object causes to a third
party:
(a) on Earth; or
(b) as a result of damage to aircraft in flight.
(2) However, the responsible party is not liable to the extent that the
responsible party establishes that the damage resulted from:
(a) the gross negligence of the third party; or
(b) any conduct (whether by act or omission) that the third party engaged
in with intent to cause the damage.
The responsible party for the launch or return of a space object is
liable to pay compensation for any damage the space object causes, otherwise
than on Earth or as a result of damage to aircraft in flight:
(a) to a space object launched or operated by a third party; or
(b) to a third party, or the property of a third party, on board such a
space object;
to the extent that the damage is due to the fault of the responsible party
or of a related party.
(1) This section applies if:
(a) the launch or return of a space object that causes damage covered by
this Subdivision was authorised by a launch permit; and
(b) the damage did not result from a breach of any of the conditions of
the permit or of the relevant space licence, from any conduct (whether by act or
omission) that the responsible party or a related party engaged in with intent
to cause the damage or from the gross negligence of the responsible party or a
related party.
(2) This section also applies if:
(a) the launch of a space object that causes damage covered by this
Subdivision was authorised by an overseas launch certificate; and
(b) the damage did not result from a breach of any of the conditions of
the certificate, any conduct (whether by act or omission) that the responsible
party or a related party engaged in with intent to cause the damage or from the
gross negligence of the responsible party or a related party.
(3) The responsible party is not liable to pay compensation for the damage
to the extent that the amount of the compensation would exceed the insured
amount for the launch permit or overseas launch certificate.
This Subdivision applies to damage to which this Part applies that a
space object causes in connection with the return of the space object
where:
(a) neither the object, nor any part of it, was launched from a launch
facility located within Australia; and
(b) the responsible party for the return is not an Australian
national.
Note: Subdivision A deals with the other kinds of damage to
which this Part applies.
The responsible party for the return is liable to pay compensation for
any damage the space object causes to a third party.
The Federal Court has jurisdiction to hear and determine actions for
compensation for damage to which this Part applies.
(1) An action for compensation for damage to which this Part applies may
only be brought:
(a) within one year after the day on which the damage occurred;
or
(b) if, when the damage occurred, the person bringing the action did not
know that it had occurred—within one year after the day on which the
person:
(i) became aware of the damage; or
(ii) would have become aware of the damage, if the person had exercised
due diligence.
(2) If, in accordance with the Liability Convention or otherwise under
international law:
(a) a foreign country has presented a claim against Australia for
compensation for damage caused by a space object to which a launch permit,
overseas launch certificate, section 43 authorisation or exemption certificate
relates; or
(b) such a claim made by a foreign country has been settled;
a person who has suffered damage covered by the claim may not commence an
action, against the responsible party, seeking compensation for that
damage.
(1) This section applies if, in accordance with the Liability Convention
or otherwise under international law:
(a) a foreign country has presented a claim against Australia for
compensation for damage covered by this Part; and
(b) Australia becomes liable to any extent to pay compensation for the
damage.
(2) The responsible party for the relevant launch or return is liable to
pay the Commonwealth an amount equal to the lesser of the following
amounts:
(a) the amount of that compensation;
(b) if the launch or return of the space object concerned was authorised
by a launch permit or overseas launch certificate, and section 68
applies—the insured amount for the permit or certificate.
Note: A foreign country could not present a claim against
Australia under the Liability Convention if proceedings under this Part were
already in progress in respect of the same damage: see Article XI.2 of the
Convention.
If, in accordance with the Liability Convention, it is necessary to
establish a Claims Commission to settle a claim presented to the Commonwealth,
the Commonwealth may do anything that it is required to do under the Convention
to establish the Commission and enable it to give a decision or award as
provided under the Convention.
(1) The Minister must keep a Register of Space Objects.
(2) The Minister may enter in the Register the following particulars for a
space object that is launched into Earth orbit or beyond:
(a) the registration number given to the space object under section
76;
(b) the launch facility;
(c) the date of the launch;
(d) the space object’s basic orbital parameters,
including:
(i) the nodal period; and
(ii) its inclination; and
(iii) its apogee and perigee;
(e) the space object’s general functions;
(f) if a country other than Australia is also a launching State for the
space object—the name of that country;
(g) any other prescribed particulars.
(3) In keeping the Register, the Minister must have regard to the
Registration Convention and any other international agreement or arrangement
relating to the registration of space objects to which Australia is a
party.
(4) The Minister may vary or remove an entry on the register as
needed.
(1) When the Minister grants a launch permit authorising the launch of a
space object from a launch facility, the Minister must allocate to the space
object a registration number by which it can be identified.
(2) The Minister may allocate a registration number to a space object at
any other time.
The Minister may keep the Register in whole or in part by using a
computer.
(1) The Minister must make the Register available for any person to
inspect it at the times and places published in the Gazette.
(2) The Minister may do so by allowing a person who wants to inspect the
Register reasonable access to a computer terminal from which he or she can read
on a screen, or get a printed copy of, an entry in the Register.
This Part applies to a contravention of any of the following provisions
(called civil penalty provisions):
(a) section 15 (space licence required to operate launch
facility);
(b) section 21 (breaching a space licence condition);
(c) subsection 30(2) (breaching a launch permit condition);
(d) section 37 (breaching a condition of an overseas launch
certificate);
(e) section 44 (offences relating to returns);
(f) section 45 (breaching a condition of a section 43
authorisation);
(g) subsection 108(3) (pre-existing agreements).
(1) If the Federal Court is satisfied, on the balance of probabilities,
that a person has contravened a civil penalty provision, the Court may order the
person to pay the Commonwealth such fine, by way of civil penalty, in respect of
the contravention as the Court determines to be appropriate.
(2) In determining the civil penalty, the Court must have regard to the
following matters:
(a) the nature and extent of the contravention;
(b) the nature and extent of any loss or damage suffered as a result of
the contravention;
(c) the circumstances in which the contravention took place;
(d) whether, in proceedings under this Act, the person has previously been
found to have engaged in similar conduct.
The Court may also have regard to any other matters it considers
relevant.
(3) The civil penalty payable under subsection (1) must not
exceed:
(a) in the case of a body corporate—5,000 penalty units;
or
(b) in the case of an individual—500 penalty units.
Note: See section 4AA of the Crimes Act 1914 for the
current value of a penalty unit.
(4) The Federal Court may make such declarations or orders as it considers
appropriate in relation to the proceedings, including:
(a) a declaration that the person did not contravene a civil penalty
provision; and
(b) an order as to costs.
(1) The Minister may, by application, take proceedings in the Federal
Court for the payment of a civil penalty mentioned in section 80.
(2) The proceedings must be commenced within 6 years after the
contravention.
(3) In hearing and determining the proceedings, the Federal Court is to
apply the rules of evidence and procedure that it applies in hearing and
determining civil matters.
A person is not guilty of an offence merely because the person has
contravened a civil penalty provision.
This Part applies if an accident (see section 84) or an incident (see
section 85) involving a space object occurs during:
(a) the liability period for the launch of the space object from a launch
facility located in Australia; or
(b) the liability period for the return of the space object to a place in
Australia.
An accident involving a space object occurs
if:
(a) a person dies or suffers serious injury as a result of the operation
of the space object; or
(b) the space object is destroyed or seriously damaged or causes damage to
property.
An incident is an occurrence associated with the
operation of a space object that affects or could affect the safety of the
operation of the space object or that involves circumstances indicating that an
accident nearly occurred.
(1) The object of this Division is, by establishing a system of
investigating the circumstances surrounding any accident or incident, to prevent
other accidents and incidents occurring.
(2) It is not the object of this Division:
(a) to provide a way of apportioning blame for an accident or incident;
or
(b) to provide a way of determining the liability of any person in respect
of an accident or incident.
(1) If an accident occurs, the Minister must appoint a person as the
Investigator of the accident.
(2) If an incident occurs, the Minister may appoint a person as the
Investigator of the incident.
(3) Before appointing a person under this section, the Minister must be
satisfied that the person has suitable qualifications and experience to be an
Investigator.
(1) An Investigator appointed under section 87 must investigate the
circumstances surrounding the relevant accident or incident.
(2) In particular, the Minister may determine the terms of reference of
the investigation.
(1) An Investigator may invite other persons to assist him or her in
performing any or all of his or her functions under this Division.
(2) A person who gives such assistance is entitled to be paid fees and
allowances for expenses, as determined under the regulations.
(1) In conducting an investigation under this Division, the Investigator
may, by written notice:
(a) require a person to attend before the Investigator and answer
questions about matters relevant to the investigation; and
(b) require the person to give the Investigator a specified document or
record, a specified part or component of a space object or any other thing
relevant to the investigation.
(2) A notice under subsection (1) must be signed by the Investigator and
must specify the time and place at which the person is required to attend or to
give the relevant thing.
(3) The Investigator may require the person to answer questions mentioned
in paragraph (1)(a) on oath or affirmation. For that purpose, the Investigator
may administer an oath or affirmation to the person.
(4) The Investigator may:
(a) retain a thing given in accordance with a requirement under subsection
(1) for as long as is reasonably necessary for the purposes of the
investigation; and
(b) if the thing is a document or record—make copies of, or take
extracts from, the document or record.
(5) If a person answers a question or gives a thing in accordance with
subsection (1), the answer or thing, and any information or thing obtained
directly or indirectly as a result, is not admissible in evidence against the
person in any proceeding (other than a proceeding in respect of the falsity of
the answer).
(6) A person who attends before the Investigator under this section is
entitled to be paid fees and allowances for expenses, as determined under the
regulations.
(1) A person to whom a requirement under subsection 90(1) is given and
who:
(a) fails to attend before the Investigator in accordance with the
requirement; or
(b) refuses to take an oath or make an affirmation when required by the
Investigator to do so; or
(c) refuses or fails to answer a question lawfully put to the person by
the Investigator; or
(d) fails to give the Investigator a thing in accordance with the
requirement, if it would have been reasonably practicable to have done
so;
is guilty of an offence.
Maximum penalty: 30 penalty units.
Note 1: Chapter 2 of the Criminal Code sets out the
general principles of criminal responsibility.
Note 2: See section 4AA of the Crimes Act 1914 for
the current value of a penalty unit.
(2) However, a person is not required to answer a question or give a thing
if doing so might tend to incriminate the person or expose the person to a
penalty.
(3) A person to whom a requirement under subsection 90(1) is given and
who:
(a) gives information to the Investigator in answering a question lawfully
put to the person by the Investigator; and
(b) does so knowing that the information is false or misleading in a
material particular;
is guilty of an offence.
Maximum penalty: Imprisonment for 12 months.
Note: Chapter 2 of the Criminal Code sets out the
general principles of criminal responsibility.
(4) A person to whom a requirement under subsection 90(1) is given and
who:
(a) gives a document or record to the Investigator in accordance with the
requirement; and
(b) does so knowing that the document or record is false or misleading in
a material particular;
is guilty of an offence.
Maximum penalty: Imprisonment for 12 months.
Note: Chapter 2 of the Criminal Code sets out the
general principles of criminal responsibility.
(5) Subsection (4) does not apply if, when the person gave the document or
record to the Investigator, the person informed the Investigator that it was
false or misleading in a material particular and specified in what respect it
was false or misleading.
(1) When an investigation is completed, the Investigator must give the
Minister a written report of the investigation and, if the Minister requires,
any relevant documents, records or other things.
(2) Subject to subsection (3), no part of a report or other document given
to the Minister under this section may be published without the Minister’s
written approval.
(3) The Minister may cause to be published any information contained in a
report or document given to the Minister under this section if he or she
considers that publishing the information is desirable in the interest of
promoting safety in the space industry.
(1) If an accident occurs, the space object or the space object wreckage
concerned and any thing in the space object or wreckage is taken to be in the
Minister’s custody until an Investigator is appointed for the accident.
The things are then taken to be in the Investigator’s custody.
(2) When it is no longer necessary to retain any such thing for the
purposes of the investigation, the Investigator must release custody of the
thing to its owner or to a person the owner authorises to receive it.
(3) A person who removes or otherwise interferes with a thing that is in
the custody of the Minister or Investigator under subsection (1),
except:
(a) with the permission of the Minister or Investigator; or
(b) as mentioned in subsection (4);
is guilty of an offence.
Maximum penalty: Imprisonment for 6 months.
Note: Chapter 2 of the Criminal Code sets out the
general principles of criminal responsibility.
(4) Subsection (3) does not prevent any action necessary for all or any of
the following:
(a) extracting persons (including deceased persons) from the wreckage of a
space object;
(b) protecting the wreckage from being destroyed by fire or other
cause;
(c) preventing immediate danger to the safety of persons or
property;
(d) moving the space object or the wreckage and its contents to a safe
place when the object crashes on water or is wrecked on water.
(1) Immediately after an accident occurs, the launch permit, exemption
certificate or section 43 authorisation under which the relevant launch or
return was carried out is taken to be suspended, until the Minister revokes the
suspension.
(2) The permit, certificate or authorisation has no effect while
suspended, but the period for which it remains in force continues to run despite
the suspension.
(3) The permit, certificate or authorisation may be revoked or varied even
while it is suspended.
(1) An investigation officer (see subsection (9)) must not, except for the
purposes of this Part, directly or indirectly:
(a) disclose a safety record (see subsection (9)) to any person or a
court; or
(b) give a safety record to any person or a court.
(2) A person who contravenes subsection (1) is guilty of an
offence.
Maximum penalty: 30 penalty units.
Note 1: Chapter 2 of the Criminal Code sets out the
general principles of criminal responsibility.
Note 2: See section 4AA of the Crimes Act 1914 for
the current value of a penalty unit.
(3) Subsection (1) does not apply to criminal proceedings, investigations
relating to a criminal offence or a proceeding relating to bail.
(4) Subsection (1) does not apply to the disclosure of a safety record to
the Minister under section 92.
(5) Subsection (1) does not prohibit an investigation officer from
disclosing or giving a safety record to a court if an order is made under
subsection (7).
(6) A person may apply to a court for an order that a safety record must
be disclosed or given to the court.
(7) If the court is satisfied that the disclosure or production of the
safety record is in the public interest, having regard to:
(a) the adverse impact disclosure or production may have on the
investigation to which the record relates or to any future investigations;
and
(b) any other relevant matter;
the court must order the disclosure or production.
(8) If the court makes such an order, then the court must also make an
order that restricts access to the safety record to:
(a) the person or persons constituting the court; and
(b) the parties to the proceeding (including any interveners);
and
(c) the parties’ legal representatives; and
(d) specified witnesses for the purposes of the proceeding;
unless the court is satisfied that such an order would not be in the
interests of justice or would not be desirable in the interests of the court
performing its functions.
(9) In this section:
investigation officer means a person who is or has
been:
(a) the Minister; or
(b) an Investigator; or
(c) any other person who performs functions or provides services in
relation to an investigation under this Part.
safety record means all or any of the following:
(a) all statements (whether oral or written) an Investigator takes from
persons in the course of an investigation under this Part, including any record
of such a statement;
(b) all communications between persons involved in operating a space
object that is involved in an accident or incident;
(c) medical or personal information about persons (including deceased
persons) involved in an accident or incident;
or any part of such a thing.
The powers and functions of a Commonwealth agency or a person (other than
a member of the Australian Federal Police) under another law of the Commonwealth
that would allow the agency or person to investigate any matters relating to an
accident or incident must be exercised and performed subject to this
Part.
In this Division:
accident site means:
(a) a site where an accident has occurred; or
(b) a site on which there is an impact point caused by a space object that
has been involved in an accident; or
(c) a site on which there is a space object that has been involved in an
accident;
together with such area around the site as the Investigator of the accident
determines to be reasonably necessary to facilitate the investigation of the
accident and securing of the site.
accident site premises means:
(a) premises on which there is an accident site; or
(b) premises that it is necessary to enter to get to premises on which
there is an accident site.
(1) An Investigator may:
(a) with the consent of the occupier of accident site premises;
or
(b) subject to this Division, without the consent of the occupier of
accident site premises;
enter the premises and do any or all of the following for the purposes of
investigating a particular accident:
(c) leave and re-enter the accident site premises at any time during the
access period (see subsection (2));
(d) take control of and secure the accident site during the access
period;
(e) search the accident site;
(f) take photographs, video recordings or sketches of the accident site or
the space object or any other thing on or in the site;
(g) inspect or examine a thing;
(h) take samples of a thing;
(i) measure a thing;
(j) take equipment to the accident site and operate the
equipment;
(k) remove the space object, the space object wreckage or any other thing
from the accident site premises and exercise any of the powers mentioned in
paragraphs (g), (h) and (i), take photographs or video recordings or subject the
thing to testing.
(2) In this section, the access period is the period
beginning when the Investigator first enters the accident site premises and
ending on the day that the Investigator specifies in a written determination as
the last day of the access period.
(3) That day must be no later than is reasonably necessary for
investigating the accident and in any case no later than 28 days after the day
on which the access period begins.
(4) However, the Minister may, by written determination, extend or further
extend the access period beyond that 28 day limit, if the Minister considers it
is reasonably necessary for investigating the accident.
(1) Before an Investigator or a person authorised to assist the
Investigator under section 101 enters accident site premises, the Investigator
must:
(a) announce that this Division authorises him or her to enter the
premises; and
(b) give any occupier at the premises an opportunity to allow
entry.
(2) When requesting an occupier’s consent, the Investigator must
tell the person that the Investigator has powers of entry and search under this
Division even if the occupier refuses to give his or her consent.
(1) The Minister must issue an Investigator a card identifying the holder
as an Investigator.
(2) An identity card must include a recent photograph of the
holder.
(3) An Investigator or is not entitled to exercise any powers under this
Part if:
(a) the occupier of the relevant premises has required the Investigator to
show his or her identity card; and
(b) the Investigator fails to comply with the requirement.
(4) As soon as practicable after a person ceases to be an Investigator,
the person must return his or her identity card to the Minister.
(5) A person who fails to do so is guilty of an offence.
Maximum penalty: 1 penalty unit.
Note 1: Chapter 2 of the Criminal Code sets out the
general principles of criminal responsibility.
Note 2: See section 4AA of the Crimes Act 1914 for
the current value of a penalty unit.
In entering accident site premises without the consent of the occupier of
the premises:
(a) an Investigator may get such assistance as is necessary and
reasonable; and
(b) the Investigator or a person assisting may use such force against the
occupier and things as is necessary and reasonable.
If:
(a) an accident site has been secured under subsection 98(1);
and
(b) a person enters or remains on the site without the
Investigator’s permission;
the person is guilty of an offence.
Maximum penalty: 10 penalty units.
Note 1: Chapter 2 of the Criminal Code sets out the
general principles of criminal responsibility.
Note 2: See section 4AA of the Crimes Act 1914 for
the current value of a penalty unit.
The Minister may, by signed writing, delegate to another person any or
all of his or her powers under this Act, if the Minister considers that the
person is suitably qualified to exercise the powers concerned.
Nothing in this Act limits or excludes the operation of other laws of the
Commonwealth, except to the extent (if any) that they are inconsistent with this
Act.
The Commonwealth, the Minister, the Launch Safety Officer for a licensed
launch facility and an Investigator or person assisting under Part 7 are not
subject to any liability to any person in respect of anything done, or omitted
to be done, in good faith in the exercise or performance of powers, functions or
duties under this Act.
(1) If:
(a) apart from this section, the operation of this Act would result in the
acquisition of property from a person otherwise than on just terms;
and
(b) the acquisition would be invalid because of paragraph 51(xxxi) of the
Constitution;
the Commonwealth is liable to pay compensation of a reasonable amount to
the person in respect of the acquisition.
(2) If the Commonwealth and the person do not agree on the amount of the
compensation, the person may take proceedings in the Federal Court for the
recovery from the Commonwealth of such reasonable amount of compensation as the
Court determines.
(3) In this section:
acquisition of property has the same meaning as in paragraph
51(xxxi) of the Constitution.
just terms has the same meaning as in paragraph 51(xxxi) of
the Constitution.
(1) Without limiting its effect apart from this section, this Act also has
effect as provided by this section.
(2) This Act also has the effect it would have if its operation were
expressly confined to:
(a) giving effect to the UN Space Treaties; and
(b) matters external to Australia; and
(c) matters of international concern.
(3) This Act also has the effect it would have if:
(a) the operation of Part 3 were expressly confined to acts or omissions
of corporations to which paragraph 51(xx) of the Constitution applies;
and
(b) the operation of Part 4 were expressly confined to cases in which the
responsible party, for the launch or return of a space object, is such a
corporation.
(4) This Act also has the effect it would have if its operation were
expressly confined to acts or omissions taking place in the course of, or in
relation to, trade or commerce:
(a) between Australia and places outside Australia; or
(b) among the States; or
(c) within a Territory, between a State and a Territory or between 2
Territories.
(5) This Act also has the effect it would have if its operation were
expressly confined to acts or omissions taking place in a Territory.
(6) This Act also has the effect it would have if its operation were
expressly confined to acts or omissions taking place in a place acquired by the
Commonwealth for public purposes.
(1) Subject to this section, this Act does not apply in relation
to:
(a) launches or returns, or activities related to launches or returns;
or
(b) the operation of a launch facility or the doing of anything directly
connected with the operation of a launch facility;
in accordance with any agreement made between the Commonwealth and another
person before 11 November 1998.
(2) However:
(a) any term or condition of such an agreement that relates to the launch
or return of a space object is taken, for the purposes of this Act, to be a
condition (but not a standard launch permit condition) of a launch permit held
by the person; and
(b) any other term or condition of such an agreement is taken, for the
purposes of this Act, to be a condition of a space licence held by the
person.
(3) If a person launches or returns a space object purportedly in
accordance with an agreement mentioned in subsection (1) and:
(a) the launch or return is conducted in a way that is likely to cause
substantial harm to public health or public safety or to cause substantial
damage to property; or
(b) the space object is or contains a nuclear weapon or a weapon of mass
destruction of any other kind; or
(c) the launch or return does not comply with a term or condition of the
agreement that requires insurance cover to be obtained in connection with the
launch or return;
the person is guilty of an offence punishable on conviction by:
(d) in the case of a body corporate—a fine not exceeding 100,000
penalty units; or
(e) in the case of an individual—imprisonment for a term not
exceeding 10 years, or a fine not exceeding 600 penalty units, or
both.
Note 1: Chapter 2 of the Criminal Code sets out the
general principles of criminal responsibility.
Note 2: See section 4AA of the Crimes Act 1914 for
the current value of a penalty unit.
(4) The Minister may take civil proceedings under Part 6 against a person
who is alleged to have committed an offence against subsection (3), as an
alternative to prosecution.
(5) An application may be made to the Administrative Appeals Tribunal for
review of any decision made under an agreement mentioned in subsection (1)
(including a decision made before this Act commenced):
(a) refusing to authorise activities covered by paragraph (1)(a) or (b);
or
(b) varying, revoking or suspending such an authorisation; or
(c) imposing a particular condition or conditions on the conduct of such
activities.
For this purpose, the decision is treated as though it had been made in the
exercise of a power conferred by this Act.
(6) Subsection (1) does not apply to Part 5 (which deals with the Register
of Space Objects) or to Part 7 (which deals with investigating accidents and
incidents).
The Governor-General may make regulations prescribing matters:
(a) required or permitted by this Act to be prescribed; or
(b) necessary or convenient for carrying out or giving effect to this
Act.
Note: This is the copy of the Convention referred to in the
definition of Liability Convention in section 8 of this
Act.
THE STATES PARTIES TO THIS CONVENTION,
RECOGNISING the common
interest of all mankind in furthering the exploration and use of outer space for
peaceful purposes,
RECALLING the Treaty on Principles Governing the
Activities of States in the Exploration and Use of Outer Space, including the
Moon and other Celestial Bodies,
TAKING INTO CONSIDERATION that,
notwithstanding the precautionary measures to be taken by States and
international intergovernmental organisations involved in the launching of space
objects, damage may on occasion be caused by such objects,
RECOGNISING
the need to elaborate effective international rules and procedures concerning
liability for damage caused by space objects and to ensure, in particular, the
prompt payment under the terms of this Convention of a full and equitable
measure of compensation to victims of such damage,
BELIEVING that the
establishment of such rules and procedures will contribute to the strengthening
of international co-operation in the field of the exploration and use of outer
space for peaceful purposes,
HAVE AGREED on the following:
Article I
For the purposes of this Convention:
(a) The term
“damage” means loss of life, personal injury or other impairment of
health; or loss of or damage to property of States or of persons, natural or
juridical, or property of international intergovernmental
organisations;
(b) The term “launching” includes attempted
launching;
(c) The term “launching State” means:
(i) a
state which launches or procures the launching of a space object;
(ii) a
State from whose territory or facility a space object is
launched;
(d) The term “space object” includes component
parts of a space object as well as its launch vehicle and parts
thereof.
Article II
A launching State shall be absolutely liable to pay compensation for
damage caused by its space object on the surface of the earth or to aircraft in
flight.
Article III
In the event of damage being caused elsewhere than on the surface of
the earth to a space object of one launching State or to persons or property on
board such a space object by a space object of another launching State, the
latter shall be liable only if the damage is due to its fault or the fault of
persons for whom it is responsible.
Article IV
1. In the event of damage being caused elsewhere than on the surface of
the earth to a space object of one launching State or to persons or property on
board such a space object by a space object of another launching State, and of
damage thereby being caused to a third State or to its natural or juridical
persons, the first two States shall be jointly and severally liable to the third
State, to the extent indicated by the following:
(a) If the damage has
been caused to the third State on the surface of the earth or to aircraft in
flight, their liability to the third State shall be absolute;
(b) If the
damage has been caused to a space object of the third State or to persons or
property on board that space object elsewhere than on the surface of the earth,
their liability to the third State shall be based on the fault of either of the
first two States or on the fault of persons for whom either is
responsible.
2. In all cases of joint and several liability referred to
in paragraph 1 of this Article, the burden of compensation for the damage shall
be apportioned between the first two States in accordance with the extent to
which they were at fault; if the extent of the fault of each of these States
cannot be established, the burden of compensation shall be apportioned equally
between them. Such apportionment shall be without prejudice to the right of the
third State to seek the entire compensation due under this Convention from any
or all of the launching States which are jointly and severally
liable.
Article V
1. Whenever two or more States jointly launch a space object, they
shall be jointly and severally liable for any damage caused.
2. A
launching State which has paid compensation for damage shall have the right to
present a claim for indemnification to other participants in the joint
launching. The participants in a joint launching may conclude agreements
regarding the apportioning among themselves of the financial obligation in
respect of which they are jointly and severally liable. Such agreements shall
be without prejudice to the right of a State sustaining damage to seek the
entire compensation due under this Convention from any or all of the launching
States which are jointly and severally liable.
3. A State from whose
territory or facility a space object is launched shall be regarded as a
participant in a joint launching.
Article VI
1. Subject to the provisions of paragraph 2 or this Article,
exoneration from absolute liability shall be granted to the extent that a
launching State establishes that the damage has resulted either wholly or
partially from gross negligence or from an act or omission done with intent to
cause damage on the part of a claimant State or of natural or juridical persons
it represents.
2. No exoneration whatever shall be granted in cases where
the damage has resulted from activities conducted by a launching State which are
not in conformity with international law including, in particular, the Charter
of the United Nations and the Treaty on Principles Governing the Activities of
States in the Exploration and Use of Outer Space, including the Moon and other
Celestial Bodies.
Article VII
The provisions of this Convention shall not apply to damage caused by a
space object of a launching State to:
(a) nationals of that launching
State;
(b) foreign nationals during such time as they are participating
in the operation of that space object from the time of its launching or at any
stage thereafter until its descent, or during such time as they are in the
immediate vicinity of a planned launching or recovery area as the result of an
invitation by that launching State.
Article VIII
1. A State which suffers damage, or whose natural or juridical persons
suffer damage, may present to a launching State a claim for compensation for
such damage.
2. If the State of nationality has not presented a claim,
another State may, in respect of damage sustained in its territory by any
natural or juridical person, present a claim to a launching State.
3. If
neither the State of nationality nor the State in whose territory the damage was
sustained has presented a claim or notified its intention of presenting a claim,
another State may, in respect of damage sustained by its permanent residents,
present a claim to a launching State.
Article IX
A claim for compensation for damage shall be presented to a launching
State through diplomatic channels. If a State does not maintain diplomatic
relations with the launching State concerned, it may request another State to
present its claim to that launching State or otherwise represent its interests
under this Convention. It may also present its claim through the
Secretary-General of the United Nations, provided the claimant State and the
launching State are both Members of the United Nations.
Article X
1. A claim for compensation for damage may be presented to a launching
State not later than one year following the date of the occurrence of the damage
or the identification of the launching State which is liable.
2. If,
however, a State does not know of the occurrence of the damage or has not been
able to identify the launching State which is liable, it may present a claim
within one year following the date on which it learned of the aforementioned
facts; however, this period shall in no event exceed one year following the date
on which the State could reasonably be expected to have learned of the facts
through the exercise of due diligence.
3. The time-limits specified in
paragraphs 1 and 2 of this Article shall apply even if the full extent of the
damage may not be known. In this event, however, the claimant State shall be
entitled to revise the claim and submit additional documentation after the
expiration of such time-limits until one year after the full extent of the
damage is known.
Article XI
1. Presentation of a claim to a launching State for compensation for
damage under this Convention shall not require the prior exhaustion of any local
remedies which may be available to a claimant State or to natural or juridical
persons it represents.
2. Nothing in this Convention shall prevent a
State, or natural or juridical persons it might represent, from pursuing a claim
in the courts or administrative tribunals or agencies of a launching State. A
State shall not, however, be entitled to present a claim under this Convention
in respect of the same damage for which a claim is being pursued in the courts
or administrative tribunals or agencies of a launching State or under another
international agreement which is binding on the States concerned.
Article XII
The compensation which the launching State shall be liable to pay for
damage under this Convention shall be determined in accordance with
international law and the principles of justice and equity, in order to provide
such reparation in respect of the damage as will restore the person, natural or
juridical, State or international organisation on whose behalf the claim is
presented to the condition which would have existed if the damage had not
occurred.
Article XIII
Unless the claimant State and the State from which compensation is due
under this Convention agree on another form of compensation, the compensation
shall be paid in the currency of the claimant State or, if that State so
requests, in the currency of the State from which compensation is
due.
Article XIV
If no settlement of a claim is arrived at through diplomatic
negotiations as provided for in Article IX, within one year from the date on
which the claimant State notifies the launching State that it has submitted the
documentation of its claim, the parties concerned shall establish a Claims
Commission at the request of either party.
Article XV
1. The Claims Commission shall be composed of three members: one
appointed by the claimant State, one appointed by the launching State and the
third member, the Chairman, to be chosen by both parties jointly. Each party
shall make its appointment within two months of the request for the
establishment of the Claims Commission.
2. If no agreement is reached on
the choice of the Chairman within four months of the request for the
establishment of the Commission, either party may request the Secretary-General
of the United Nations to appoint the Chairman within a further period of two
months.
Article XVI
1. If one of the parties does not make its appointment within the
stipulated period, the Chairman shall, at the request of the other party,
constitute a single-member Claims Commission.
2. Any vacancy which may
arise in the Commission for whatever reason shall be filled by the same
procedure adopted for the original appointment.
3. The Commission shall
determine its own procedure.
4. The Commission shall determine the place
or places where it shall sit and all other administrative
matters.
5. Except in the case of decisions and awards by a single-member
Commission, all decisions and awards of the Commission shall be by majority
vote.
Article XVII
No increase in the membership of the Claims Commission shall take place
by reason of two or more claimant States or launching States being joined in any
one proceeding before the Commission. The claimant States so joined shall
collectively appoint one member of the Commission in the same manner and subject
to the same conditions as would be the case for a single claimant State. When
two or more launching States are so joined, they shall collectively appoint one
member of the Commission in the same way. If the claimant States or the
launching States do not make the appointment within the stipulated period, the
Chairman shall constitute a single-member Commission.
Article XVIII
The Claims Commission shall decide the merits of the claim for
compensation and determine the amount of compensation payable, if
any.
Article XIX
1. The Claims Commission shall act in accordance with the provisions of
Article XII.
2. The decision of the Commission shall be final and binding
if the parties have so agreed; otherwise the Commission shall render a final and
recommendatory award, which the parties shall consider in good faith. The
Commission shall state the reasons for its decision or award.
3. The
Commission shall give its decision or award as promptly as possible and no later
than one year from the date of its establishment, unless an extension of this
period is found necessary by the Commission.
4. The Commission shall make
its decision or award pubic. It shall deliver a certified copy of its decision
or award to each of the parties and to the Secretary-General of the United
Nations.
Article XX
The expenses in regard to the Claims Commission shall be borne equally
by the parties, unless otherwise decided by the Commission.
Article XXI
If the damage caused by a space object presents a large-scale danger to
human life or seriously interferes with the living conditions of the population
or the functioning of vital centres, the States Parties, and in particular the
launching State, shall examine the possibility of rendering appropriate and
rapid assistance to the State which has suffered the damage, when it so
requests. However, nothing in this Article shall affect the rights or
obligations of the States Parties under this Convention.
Article XXII
1. In this Convention, with the exception of Articles XXIV to XXVII,
references to States shall be deemed to apply to any international
intergovernmental organisation which conducts space activities if the
organisation declares its acceptance of the rights and obligations provided for
in this Convention and if a majority of the States members of the organisation
are State Parties to this Convention and to the Treaty on Principles Governing
the Activities of States in the Exploration and Use of Outer Space, including
the Moon and other Celestial Bodies.
2. States members of any such
organisation which are States Parties to this Convention shall take all
appropriate steps to ensure that the organisation makes a declaration in
accordance with the preceding paragraph.
3. If an international
intergovernmental organisation is liable for damage by virtue of the provisions
of this Convention, that organisation and those of its members which are States
Parties to this Convention shall be jointly and severally liable; provided,
however, that:
(a) any claim for compensation in respect of such damage
shall be first presented to the organisation;
(b) only where the
organisation has not paid, within a period of six months, any sum agreed or
determined to be due as compensation for such damage, may the claimant State
invoke the liability of the members which are States Parties to this Convention
for the payment of that sum.
4. Any claim, pursuant to the provisions of
this Convention, for compensation in respect of damage caused to an organisation
which has made a declaration in accordance with paragraph 1 of this Article
shall be presented by a State member of the organisation which is a State Party
to this Convention.
Article XXIII
1. The provisions of this Convention shall not affect other
international agreements in force in so far as relations between the States
Parties to such agreements are concerned.
2. No provision of this
Convention shall prevent States from concluding international agreements
reaffirming, supplementing or extending its provisions.
Article XXIV
1. This Convention shall be open to all States for signature. Any
State which does not sign this Convention before its entry into force in
accordance with paragraph 3 of this Article may accede to it at any
time.
2. This Convention shall be subject to ratification by signatory
States. Instruments of ratification and instruments of accession shall be
deposited with the Governments of the United Kingdom of Great Britain and
Northern Ireland, the Union of Soviet Socialist Republics and the United States
of America, which are hereby designated the Depositary
Governments.
3. This Convention shall enter into force on the deposit of
the fifth instrument of ratification.
4. For States whose instruments of
ratification or accession are deposited subsequent to the entry into force of
this Convention, it shall enter into force on the date of the deposit of their
instruments of ratification or accession.
5. The Depositary Governments
shall promptly inform all signatory and acceding States of the date of each
signature, the date of deposit of each instrument of ratification of and
accession to this Convention, the date of its entry into force and other
notices.
6. This Convention shall be registered by the Depositary
Governments pursuant to Article 102 of the Charter of the United
Nations.
Article XXV
Any State Party to this Convention may propose amendments to this
Convention. Amendments shall enter into force for each State Party to the
Convention accepting the amendments upon their acceptance by a majority of the
States Parties to the Convention and thereafter for each remaining State Party
on the date of acceptance by it.
Article XXVI
Ten years after the entry into force of this Convention, the question
of the review of this Convention shall be included in the provisional agenda of
the United Nations General Assembly in order to consider, in the light of past
application of the Convention, whether it requires revision. However, at any
time after the Convention has been in force for five years, and at the request
of one third of the States Parties to the Convention, and with the concurrence
of the majority of the States Parties, a conference of the States Parties shall
be convened to review this Convention
Article XXVII
Any State Party to this Convention may give notice of its withdrawal
from the Convention one year after its entry into force by written notification
to the Depositary Governments. Such withdrawal shall take effect one year from
the date of receipt of this notification.
Article XXVIII
This Convention, of which the English, Russian, French, Spanish and
Chinese texts are equally authentic, shall be deposited in the archives of the
Depositary Governments. Duly certified copies of this Convention shall be
transmitted by the Depositary Governments to the Governments of the signatory
and acceding States.
IN WITNESS WHEREOF the undersigned, duly
authorised thereto, have signed this Convention.
DONE in triplicate,
at the cities of London, Moscow and Washington, this twenty-ninth day of March,
one thousand nine hundred and seventy-two.
[Signatures omitted]
Note: This is the copy of the Convention referred to in the
definition of Registration Convention in section 8 of this
Act.
THE STATES PARTIES TO THIS CONVENTION,
RECOGNIZING the common
interest of all mankind in furthering the exploration and use of outer space for
peaceful purposes,
RECALLING that the Treaty on principles governing the
activities of States in the exploration and use of outer space, including the
moon and other celestial bodies of 27 January 1967 affirms that States shall
bear international responsibility for their national activities in outer space
and refers to the State on whose registry an object launched into outer space is
carried,
RECALLING also that the Agreement on the rescue of astronauts,
the return of astronauts and the return of objects launched into outer space of
22 April 1968 provides that a launching authority shall, upon request, furnish
identifying data prior to the return of an object it has launched into outer
space found beyond the territorial limits of the launching
authority,
RECALLING further that the Convention on international
liability for damage caused by space objects of 29 March 1972 establishes
international rules and procedures concerning the liability of launching States
for damage caused by their space objects,
DESIRING, in the light of the
Treaty on principles governing the activities of States in the exploration and
use of outer space, including the moon and other celestial bodies, to make
provision for the national registration by launching States of space objects
launched into outer space,
DESIRING further that a central register of
objects launched into outer space be established and maintained, on a mandatory
basis, by the Secretary-General of the United Nations,
DESIRING also to
provide for States Parties additional means and procedures to assist in the
identification of space objects,
BELIEVING that a mandatory system of
registering objects launched into outer space would, in particular, assist in
their identification and would contribute to the application and development of
international law governing the exploration and use of outer space,
HAVE
AGREED on the following:
Article I
For the purposes of this Convention:
(a) The term
“launching State” means:
(i) A State which launches or
procures the launching of a space object;
(ii) A State from whose
territory or facility a space object is launched;
(b) The term
“space object” includes component parts of a space object as well as
its launch vehicle and parts thereof;
(c) The term “State of
registry” means a launching State on whose registry a space object is
carried in accordance with article II.
Article II
1. When a space object is launched into earth orbit or beyond, the
launching State shall register the space object by means of an entry in an
appropriate registry which it shall maintain. Each launching State shall inform
the Secretary-General of the United Nations of the establishment of such a
registry.
2. Where there are two or more launching States in respect of
any such space object, they shall jointly determine which one of them shall
register the object in accordance with paragraph 1 of this article, bearing in
mind the provisions of article VIII of the Treaty on principles governing the
activities of States in the exploration and use of outer space, including the
moon and other celestial bodies, and without prejudice to appropriate agreements
concluded or to be concluded among the launching States on jurisdiction and
control over the space object and over any personnel thereof.
3. The
contents of each registry and the conditions under which it is maintained shall
be determined by the State of registry concerned.
Article III
1. The Secretary-General of the United Nations shall maintain a
Register in which the information furnished in accordance with article IV shall
be recorded.
2. There shall be full and open access to the information in
this Register.
Article IV
1. Each State of registry shall furnish to the Secretary-General of the
United Nations, as soon as practicable, the following information concerning
each space object carried on its registry:
(a) Name of launching State or
States;
(b) An appropriate designator of the space object or its
registration number;
(c) Date and territory or location of
launch;
(d) Basic orbital parameters, including:
(i) Nodal
period,
(ii) Inclination,
(iii) Apogee,
(iv) Perigee;
(e) General
function of the space object.
2. Each State of registry may, from time to
time, provide the Secretary-General of the United Nations with additional
information concerning a space object carried on its registry.
3. Each
State of registry shall notify the Secretary-General of the United Nations, to
the greatest extent feasible and as soon as practicable, of space objects
concerning which it has previously transmitted information, and which have been
but no longer are in earth orbit.
Article V
Whenever a space object launched into earth orbit or beyond is marked
with the designator or registration number referred to in article IV, paragraph
1(b), or both, the State of registry shall notify the Secretary-General of this
fact when submitting the information regarding the space object in accordance
with article IV. In such case, the Secretary-General of the United Nations
shall record this notification in the Register.
Article VI
Where the application of the provisions of this Convention has not
enabled a State Party to identify a space object which has caused damage to it
or to any of its natural or juridical persons, or which may be of a hazardous or
deleterious nature, other States Parties, including in particular States
possessing space monitoring and tracking facilities, shall respond to the
greatest extent feasible to a request by that State Party, or transmitted
through the Secretary-General on its behalf, for assistance under equitable and
reasonable conditions in the identification of the object. A State Party making
such a request shall, to the greatest extent feasible, submit information as to
the time, nature and circumstances of the events giving rise to the request.
Arrangements under which such assistance shall be rendered shall be the subject
of agreement between the parties concerned.
Article VII
1. In this Convention, with the exception of articles VIII to XII
inclusive, references to States shall be deemed to apply to any international
intergovernmental organization which conducts space activities if the
organization declares its acceptance of the rights and obligations provided for
in this Convention and if a majority of the States members of the organization
are States Parties to this Convention and to the Treaty on principles governing
the activities of States in the exploration and use of outer space, including
the moon and other celestial bodies.
2. States members of any such
organization which are States Parties to this Convention shall take all
appropriate steps to ensure that the organization makes a declaration in
accordance with paragraph 1 of this article.
Article VIII
1. This Convention shall be open for signature by all States at United
Nations Headquarters in New York. Any State which does not sign this Convention
before its entry into force in accordance with paragraph 3 of this article may
accede to it at any time.
2. This Convention shall be subject to
ratification by signatory States. Instruments of ratification and instruments
of accession shall be deposited with the Secretary-General of the United
Nations.
3. This Convention shall enter into force among the States which
have deposited instruments of ratification on the deposit of the fifth such
instrument with the Secretary-General of the United Nations.
4. For
States whose instruments of ratification or accession are deposited subsequent
to the entry into force of this Convention, it shall enter into force on the
date of the deposit of their instruments of ratification or
accession.
5. The Secretary-General shall promptly inform all signatory
and acceding States of the date of each signature, the date of deposit of each
instrument of ratification of and accession to this Convention, the date of its
entry into force and other notices.
Article IX
Any State Party to this Convention may propose amendments to the
Convention. Amendments shall enter into force for each State Party to the
Convention accepting the amendments upon their acceptance by a majority of the
States Parties to the Convention and thereafter for each remaining State Party
to the Convention on the date of acceptance by it.
Article X
Ten years after the entry into force of this Convention, the question
of the review of the Convention shall be included in the provisional agenda of
the United Nations General Assembly in order to consider, in the light of past
application of the Convention, whether it requires revision. However, at any
time after the Convention has been in force for five years, at the request of
one third of the States Parties to the Convention and with the concurrence of
the majority of the States Parties, a conference of the States Parties shall be
convened to review this Convention. Such review shall take into account in
particular any relevant technological developments, including those relating to
the identification of space objects.
Article XI
Any State Party to this Convention may give notice of its withdrawal
from the Convention one year after its entry into force by written notification
to the Secretary-General of the United Nations. Such withdrawal shall take
effect one year from the date of receipt of this notification.
Article XII
The original of this Convention, of which the Arabic, Chinese, English,
French, Russian and Spanish texts are equally authentic, shall be deposited with
the Secretary-General of the United Nations, who shall send certified copies
thereof to all signatory and acceding States.
IN WITNESS WHEREOF the
undersigned, being duly authorized thereto by their respective Governments, have
signed this Convention, opened for signature at New York on the fourteenth day
of January one thousand nine hundred and seventy-five.
[Signatures omitted]
Note: This is the copy of the Treaty referred to in
paragraph (c) of the definition of UN Space Treaties in section 8
of this Act.
THE STATES PARTIES TO THIS TREATY,
INSPIRED by the great prospects
opening up before mankind as a result of man’s entry into outer
space,
RECOGNIZING the common interest of all mankind in the progress of
the exploration and use of outer space for peaceful purposes,
BELIEVING
that the exploration and use of outer space should be carried on for the benefit
of all peoples irrespective of the degree of their economic or scientific
development,
DESIRING to contribute to broad international cooperation in
the scientific as well as the legal aspects of the exploration and use of outer
space for peaceful purposes,
BELIEVING that such cooperation will
contribute to the development of mutual understanding and to the strengthening
of friendly relations between States and peoples,
RECALLING resolution
1962(XVIII), entitled “Declaration of Legal Principles Governing the
Activities of States in the Exploration and Use of Outer Space”, which was
adopted unanimously by the United Nations General Assembly on 13 December
1963,
RECALLING resolution 1884(XVIII), calling upon States to refrain
from placing in orbit around the earth any objects carrying nuclear weapons or
any other kinds of weapons of mass destruction or from installing such weapons
on celestial bodies, which was adopted unanimously by the United Nations General
Assembly on 17 October 1963,
TAKING ACCOUNT of United Nations General
Assembly resolution 110(II) of 3 November 1947, which condemned propaganda
designed or likely to provoke or encourage any threat to the peace, breach of
the peace or act of aggression, and considering that the aforementioned
resolution is applicable to outer space,
CONVINCED that a Treaty on
Principles Governing the Activities of States in the Exploration and Use of
Outer Space, including the Moon and other Celestial Bodies, will further the
Purposes and Principles of the Charter of the United Nations,
HAVE AGREED
on the following:
Article I
The exploration and use of outer space, including the moon and other
celestial bodies, shall be carried out for the benefit and in the interests of
all countries, irrespective of their degree of economic or scientific
development, and shall be the province of all mankind.
Outer space,
including the moon and other celestial bodies, shall be free for exploration and
use by all States without discrimination of any kind, on a basis of equality and
in accordance with international law, and there shall be free access to all
areas of celestial bodies.
There shall be freedom of scientific
investigation in outer space, including the moon and other celestial bodies, and
States shall facilitate and encourage international cooperation in such
investigation.
Article II
Outer space, including the moon and other celestial bodies, is not
subject to national appropriation by claim of sovereignty, by means of use or
occupation, or by any other means.
Article III
States Parties to the Treaty shall carry on activities in the
exploration and use of outer space, including the moon and other celestial
bodies, in accordance with international law, including the Charter of the
United Nations, in the interest of maintaining international peace and security
and promoting international cooperation and understanding.
Article IV
States Parties to the Treaty undertake not to place in orbit around the
Earth any objects carrying nuclear weapons or any other kinds of weapons of mass
destruction, install such weapons on celestial bodies, or station such weapons
in outer space in any other manner.
The moon and other celestial bodies
shall be used by all States Parties to the Treaty exclusively for peaceful
purposes. The establishment of military bases, installations and
fortifications, the testing of any type of weapons and the conduct of military
manoeuvres on celestial bodies shall be forbidden. The use of military
personnel for scientific research or for any other peaceful purposes shall not
be prohibited. The use of any equipment or facility necessary for peaceful
exploration of the moon and other celestial bodies shall also not be
prohibited.
Article V
States Parties to the Treaty shall regard astronauts as envoys of
mankind in outer space and shall render to them all possible assistance in the
event of accident, distress, or emergency landing on the territory of another
State Party or on the high seas. When astronauts make such a landing, they
shall be safely and promptly returned to the State of registry of their space
vehicle.
In carrying on activities in outer space and on celestial
bodies, the astronauts of one State Party shall render all possible assistance
to the astronauts of other States Parties.
States Parties to the Treaty
shall immediately inform the other States Parties to the Treaty or the
Secretary-General of the United Nations of any phenomena they discover in outer
space, including the moon and other celestial bodies, which could constitute a
danger to the life or health of astronauts.
Article VI
States Parties to the Treaty shall bear international responsibility
for national activities in outer space, including the moon and other celestial
bodies, whether such activities are carried on by governmental agencies or by
non-governmental entities, and for assuring that national activities are carried
out in conformity with the provisions set forth in the present Treaty. The
activities of non-governmental entities in outer space, including the moon and
other celestial bodies, shall require authorization and continuing supervision
by the appropriate State Party to the Treaty. When activities are carried on in
outer space, including the moon and other celestial bodies, by an international
organization, responsibility for compliance with this Treaty shall be borne both
by the international organization and by the States Parties to the Treaty
participating in such organization.
Article VII
Each State Party to the Treaty that launches or procures the launching
of an object into outer space, including the moon and other celestial bodies,
and each State Party from whose territory or facility an object is launched, is
internationally liable for damage to another State Party to the Treaty or to its
natural or juridical persons by such object or its component parts on the Earth,
in air space or in outer space, including the moon and other celestial
bodies.
Article VIII
A State Party to the Treaty on whose registry an object launched into
outer space is carried shall retain jurisdiction and control over such object,
and over any personnel thereof, while in outer space or on a celestial body.
Ownership of objects launched into outer space, including objects landed or
constructed on a celestial body, and of their component parts, is not affected
by their presence in outer space or on a celestial body or by their return to
the Earth. Such objects or component parts found beyond the limits of the State
Party to the Treaty on whose registry they are carried shall be returned to that
State Party, which shall, upon request, furnish identifying data prior to their
return.
Article IX
In the exploration and use of outer space, including the moon and other
celestial bodies, States Parties to the Treaty shall be guided by the principle
of cooperation and mutual assistance and shall conduct all their activities in
outer space, including the moon and other celestial bodies, with due regard to
the corresponding interests of all other States Parties to the Treaty. States
Parties to the Treaty shall pursue studies of outer space, including the moon
and other celestial bodies, and conduct exploration of them so as to avoid their
harmful contamination and also adverse changes in the environment of the Earth
resulting from the introduction of extraterrestrial matter and, where necessary,
shall adopt appropriate measures for this purpose. If a State Party to the
Treaty has reason to believe that an activity or experiment planned by it or its
nationals in outer space, including the moon and other celestial bodies, would
cause potentially harmful interference with activities of other States Parties
in the peaceful exploration and use of outer space, including the moon and other
celestial bodies, it shall undertake appropriate international consultations
before proceeding with any such activity or experiment. A State Party to the
Treaty which has reason to believe that an activity or experiment planned by
another State Party in outer space, including the moon and other celestial
bodies, would cause potentially harmful interference with activities in the
peaceful exploration and use of outer space, including the moon and other
celestial bodies, may request consultation concerning the activity or
experiment.
Article X
In order to promote international cooperation in the exploration and
use of outer space, including the moon and other celestial bodies, in conformity
with the purposes of this Treaty, the States Parties to the Treaty shall
consider on a basis of equality any requests by other States Parties to the
Treaty to be afforded an opportunity to observe the flight of space objects
launched by those States.
The nature of such an opportunity for
observation and the conditions under which it could be afforded shall be
determined by agreement between the States concerned.
Article XI
In order to promote international cooperation in the peaceful
exploration and use of outer space, States Parties to the Treaty conducting
activities in outer space, including the moon and other celestial bodies, agree
to inform the Secretary-General of the United Nations as well as the public and
the international scientific community, to the greatest extent feasible and
practicable, of the nature, conduct, locations and results of such activities.
On receiving the said information, the Secretary-General of the United Nations
should be prepared to disseminate it immediately and effectively.
Article XII
All stations, installations, equipment and space vehicles on the moon
and other celestial bodies shall be open to representatives of other States
Parties to the Treaty on a basis of reciprocity. Such representatives shall
give reasonable advance notice of a projected visit, in order that appropriate
consultations may be held and that maximum precautions may be taken to assure
safety and to avoid interference with normal operations in the facility to be
visited.
Article XIII
The provisions of this Treaty shall apply to the activities of States
Parties to the Treaty in the exploration and use of outer space, including the
moon and other celestial bodies, whether such activities are carried on by a
single State Party to the Treaty or jointly with other States, including cases
where they are carried on within the framework of international
inter-governmental organizations.
Any practical questions arising in
connexion with activities carried on by international inter-governmental
organizations in the exploration and use of outer space, including the moon and
other celestial bodies, shall be resolved by the States Parties to the Treaty
either with the appropriate international organization or with one or more
States members of that international organization, which are Parties to this
Treaty.
Article XIV
l. This Treaty shall be open to all States for signature. Any State
which does not sign this Treaty before its entry into force in accordance which
paragraph 3 of this Article may accede to it at any time.
2. This Treaty
shall be subject to ratification by signatory States. Instruments of
ratification and instruments of accession shall be deposited with the
Governments of the Union of Soviet Socialist Republics, the United Kingdom of
Great Britain and Northern Ireland and the United States of America, which are
hereby designated the Depositary Governments.
3. This Treaty shall enter
into force upon the deposit of instruments of ratification by five Governments
including the Governments designated as Depositary Governments under this
Treaty.
4. For States whose instruments of ratification or accession are
deposited subsequent to the entry into force of this Treaty, it shall enter into
force on the date of the deposit of their instruments of ratification or
accession.
5. The Depositary Governments shall promptly inform all
signatory and acceding States of the date of each signature, the date of deposit
of each instrument of ratification of and accession to this Treaty, the date of
its entry into force and other notices.
6. This Treaty shall be
registered by the Depositary Governments pursuant to Article 102 of the Charter
of the United Nations.
Article XV
Any State Party to the Treaty may propose amendments to this Treaty.
Amendments shall enter into force for each State Party to the Treaty accepting
the amendments upon their acceptance by a majority of the States Parties to the
Treaty and thereafter for each remaining State Party to the Treaty on the date
of acceptance by it.
Article XVI
Any State Party to the Treaty may give notice of its withdrawal from
the Treaty one year after its entry into force by written notification to the
Depositary Governments. Such withdrawal shall take effect one year from the
date of receipt of this notification.
Article XVII
This Treaty, of which the English, Russian, French, Spanish and Chinese
texts are equally authentic, shall be deposited in the archives of the
Depositary Governments. Duly certified copies of this Treaty shall be
transmitted by the Depositary Governments to the Governments of the signatory
and acceding States.
IN WITNESS WHEREOF the undersigned, duly
authorized, have signed this Treaty.
DONE in triplicate, at the
cities of London, Moscow and Washington, the twenty-seventh day of January, one
thousand nine hundred and sixty-seven.
[Signatures omitted]
Note: This is the copy of the Agreement referred to in
paragraph (d) of the definition of UN Space Treaties in section 8
of this Act.
THE STATES PARTIES OF THIS AGREEMENT,
NOTING the achievements of
States in the exploration and use of the moon and other celestial
bodies,
RECOGNIZING that the moon, as a natural satellite of the earth,
has an important role to play in the exploration of outer
space,
DETERMINED to promote on the basis of equality the further
development of co-operation among States in the exploration and use of the moon
and other celestial bodies,
DESIRING to prevent the moon from becoming an
area of international conflict,
BEARING IN MIND the benefits which may be
derived from the exploitation of the natural resources of the moon and other
celestial bodies,
RECALLING the Treaty on Principles Governing the
Activities of States in the Exploration and Use of Outer Space, including the
Moon and Other Celestial Bodies, the Agreement on the Rescue of Astronauts, the
Return of Astronauts and the Return of Objects Launched into Outer Space. The
Convention on International Liability for Damage Caused by Space Objects, and
the Convention on Registration of Objects Launched into Outer
Space,
TAKING INTO ACCOUNT the need to define and develop the provisions
of these international instruments in relation to the moon and other celestial
bodies, having regard to further progress in the exploration and use of outer
space,
HAVE AGREED on the following:
Article 1
1. The provisions of this Agreement relating to the moon shall also
apply to other celestial bodies within the solar system, other then earth,
except in so far as specific legal norms enter into force with respect to any of
these celestial bodies.
2. For the purposes of this Agreement reference
to the moon shall include orbits around or other trajectories to or around
it.
3. This Agreement does not apply to extraterrestrial materials which
reach the surface of the natural means.
Article 2
All activities on the moon, including its exploration and use, shall be
carried out in accordance with international law, in particular the Charter of
the United Nations, and taking into account the Declaration on Principles of
International Law concerning Friendly Relations and Co-operation among States in
accordance with the Charter of the United Nations, adopted by the General
Assembly on 24 October 1970, in the interest of maintaining international peace
and security and promoting international co-operation and mutual understanding,
and with due regard to the corresponding interests of all other States
Parties.
Article 3
1. The moon shall be used by all States Parties exclusively for
peaceful purposes.
2. Any threat or use of force or any other hostile act
or threat of hostile act on the moon is prohibited. It is likewise prohibited
to use the moon in order to commit any such act or to engage in any such threat
in relation to the earth, the moon spacecraft, the personnel of spacecraft or
man-made space objects.
3. States Parties shall not place in orbit around
or other trajectory to or around the moon objects carrying nuclear weapons or
any other kinds of weapons of mass destruction or place or use such weapons on
or in the moon.
4. The establishment of military bases, installations and
fortifications, the testing of any type of weapons and the conduct of military
manoeuvres on the moon shall be forbidden. The use of military personnel for
scientific research or for any other peaceful exploration and use of the moon
shall also not be prohibited.
Article 4
1. The exploration and use of the moon shall be the province of all
mankind and shall be carried out for the benefit and in the interests of all
countries, irrespective of their degree of economic or scientific development.
Due regard shall be paid to the interests of present and future generations as
well the need to promote higher standards of living and conditions of economic
and social progress and development in accordance with the Charter of the United
Nations.
2. States Parties shall be guided by the principle of
co-operation and mutual assistance in all their activities concerning the
exploration and use of the moon. International co-operation in pursuance of
this Agreement should be as wide as possible and may take place on a
multilateral basis, on a bilateral basis or through international
intergovernmental organizations.
Article 5
1. States Parties shall inform the Secretary-General of the United
Nations as well as the public and the international scientific community, to the
greatest extent feasible and practicable, of their activities concerned with the
exploration and use of the moon. Information on the time, purposes, locations,
orbital parameters and duration shall be given in respect of each mission to the
moon as soon as possible after launching, while information of the results of
each mission, including scientific results, shall be furnished upon completion
of the mission. In the case of a mission lasting more than sixty days,
information on conduct of the mission, including any scientific results, shall
be given periodically at thirty-day intervals. For missions lasting more than
six months, only significant additions to such information need be reported
thereafter.
2. If a State Party becomes aware that another State Party
plans to operate simultaneously in the same area of or in the same orbit around
or trajectory to or around the moon, it shall promptly inform the other State of
the timing of and plans for its own operations.
3. In carrying out
activities under this Agreement, States Parties shall promptly inform the
Secretary-General, as well as the public and the international scientific
community, of any phenomena they discover in outer space, including the moon,
which could endanger human life or health, as well as of any indication of
organic life.
Article 6
1. There shall be freedom of scientific investigation on the moon by
all States Parties without discrimination of any kind, on the basis of equality
and in accordance with international law.
2. In carrying out scientific
investigations and in furtherance of the provisions of this Agreement, the
States Parties shall have the right to collect on and remove from the moon
samples of its mineral and other substances. Such samples shall remain at the
disposal of those States Parties which caused them to be collected and may be
used by them for scientific purposes. States Parties shall have regard to the
desirability of making a portion of such samples available to other interested
States Parties and the international scientific community for scientific
investigation. States Parties may in the course of scientific investigations
also use mineral and other substances of the moon in quantities appropriate for
the support of their missions.
3. States Parties agree on the
desirability of exchanging scientific and other personnel on expeditions to or
installations on the moon to the greatest extent feasible and
practicable.
Article 7
1. In exploring and using the moon, States Parties shall take measures
to prevent the disruption of the existing balance of its environment, whether by
introducing adverse changes in that environment, by its harmful contamination
through the introduction of extra-environmental matter or otherwise. States
Parties shall also take measures to avoid harmfully affecting the environment of
the earth through the introduction of extraterrestrial matter or
otherwise.
2. States Parties shall inform the Secretary-General of the
United Nations of the measures being adopted by them in accordance with
paragraph 1 of this article and shall also, to the maximum extent feasible,
notify him in advance of all placements by them of radio-active materials on the
moon and the purposes of such placements.
3. States Parties shall report
to other States Parties and to the Secretary-General concerning areas of the
moon having special scientific interest in order that, without prejudice to the
rights of other States Parties, consideration may be given to the designation of
such areas as international scientific preserves for which special protective
arrangements are to be agreed upon in consultation with the competent bodies of
the United Nations.
Article 8
1. States Parties may pursue their activities in the exploration and
use of the moon anywhere on or below its surface, subject to the provisions of
this Agreement.
2. For these purposes States Parties may, in
particular:
(a) Land their space objects on the moon and launch them from
the moon;
(b) Place their personnel, space vehicles, equipment,
facilities, stations and installations anywhere on or below the surface of the
moon.
Personnel, space vehicles, equipment, facilities, stations and
installations may move or be moved freely over or below the surface of the
moon.
3. Activities of States Parties in accordance with paragraphs 1 and
2 of this article shall not interfere with the activities of other States
Parties on the moon. Where such interference may occur, the States Parties
concerned shall undertake consultations in accordance with article 15,
paragraphs 2 and 3, of this Agreement.
Article 9
1. States Parties may establish manned and unmanned stations on the
moon. A State Party establishing a station shall use only that area which is
required for the needs of the stations and shall immediately inform the
Secretary-General of the United Nations of the location and purposes of that
station. Subsequently, at annual intervals that State shall likewise inform the
Secretary-General whether the station continues in use and whether its purposes
have changed.
2. Stations shall be installed in such a manner that they
do not impede the free access to all areas of the moon of personnel, vehicles
and equipment of other States Parties conducting activities on the moon in
accordance with the provisions of this Agreement or of article 1 of the Treaty
on Principles Governing the Activities of States in the Exploration and Use of
Outer Space, including the Moon and Other Celestial Bodies.
Article 10
1. States Parties shall adopt all practicable measures to safeguard the
life and health of persons on the moon. For this purpose they shall regard any
person on the moon as an astronaut within the meaning of article V of the Treaty
on Principles Governing the Activities of States in the Exploration and Use of
Outer Space, including the Moon and Other Celestial Bodies and as part of the
personnel of a spacecraft within the meaning of the Agreement on the Rescue of
Astronauts, the Return of Astronauts and the Return of Objects Launched into
Outer Space.
2. States Parties shall offer shelter in their stations,
installations, vehicles and other facilities to persons in distress on the
moon.
Article 11
1. The moon and its natural resources are the common heritage of
mankind, which finds its expression in the provisions of this Agreement, in
particular in paragraph 5 of this article.
2. The moon is not subject to
national appropriation by any claim of sovereignty, by means of use or
occupation, or by any other means.
3. Neither the surface nor the
subsurface of the moon, nor any part thereof or natural resources in place,
shall become the property of any State, international intergovernmental or
non-governmental organization, national organization or non-governmental entity
or of any natural person. The placement of personnel, space vehicles,
equipment, facilities, stations and installations on or below the surface of the
moon, including structures connected with its surface or subsurface, shall not
create a right of ownership over the surface or the subsurface of the moon or
any areas thereof. The foregoing provisions are without prejudice to the
international regime referred to in paragraph 5 of this
article.
4. States Parties have the right to exploration and use of the
moon without discrimination of any kind, on the basis of equality and in
accordance with international law and the provisions of this
Agreement.
5. States Parties to this Agreement hereby undertake to
establish an international regime, including appropriate procedures, to govern
the exploitation of the natural resources of the moon as such exploitation is
about to become feasible. This provision shall be implemented in accordance
with article 18 of this Agreement.
6. In order to facilitate the
establishment of the international regime referred to in paragraph 5 of this
article, States Parties shall inform the Secretary-General of the United Nations
as well as the public and the international scientific community, to the
greatest extent feasible and practicable, of any natural resources they may
discover on the moon.
7. The main purposes of the international regime to
be established shall include:
(a) The orderly and safe development of the
natural resources of the moon;
(b) The rational management of those
resources;
(c) The expansion of opportunities in the use of those
resources;
(d) An equitable sharing by all States Parties in the benefits
derived from those resources, whereby the interests and needs of the developing
countries, as well as the efforts of those countries which have contributed
either directly or indirectly to the exploration of the moon, shall be given
special consideration.
8. All the activities with respect to the natural
resources of the moon shall be carried out in a manner compatible with the
purposes specified in the paragraph 7 of this article and the provisions of
article 6, paragraph 2, of this Agreement.
Article 12
1. States Parties shall retain jurisdiction and control over their
personnel, space vehicles, equipment, facilities, stations and installations
shall not be affected by their presence on the moon.
2. Vehicles,
installations and equipment or their component parts found in places other than
their intended location shall be dealt with in accordance with article 5 of the
Agreement on the Rescue of Astronauts, the Return of Astronauts and the Return
of Objects Launched into Outer Space.
3. In the event of an emergency
involving a threat to human life, States Parties may use the equipment,
vehicles, installations, facilities or supplies of other State Parties on the
moon. Prompt notification of such use shall be made to the Secretary-General of
the United Nations or the State Party concerned.
Article 13
A State Party which learns of the crash landing, forced landing or
other unintended landing on the moon of a space object, or its component parts,
that were not launched by it, shall promptly inform the launching State Party
and the Secretary-General of the United Nations.
Article 14
1. States Parties to this Agreement shall bear international
responsibility for national activities on the moon, whether such activities are
carried out by governmental agencies or by non-governmental entities, and for
assuring the national activities are carried out in conformity with the
provisions of this Agreement. States Parties shall ensure that non-governmental
entities, under their jurisdiction shall engage in activities on the moon only
under the authority and continuing supervision of the appropriate State
Party.
2. States Parties recognize that detailed arrangements concerning
liability for damage caused on the moon in addition to the provisions of the
Treaty on Principles Governing the Activities of States in the Exploration and
Use of Outer Space including the Moon and Other Celestial Bodies and the
Convention on International Liability for Damage Caused by Space Objects, may
become necessary as a result of more extensive activities on the moon. Any such
arrangements shall be elaborated in accordance with the procedure provided for
in article 18 of this Agreement.
Article 15
1. Each State Party may assure itself that the activities of other
States Parties in the exploration and use of the moon are compatible with the
provisions of this Agreement. To this end, all space vehicles, equipment,
facilities, stations and installations on the moon shall be open to other States
Parties. Such States Parties shall give reasonable advance notice of a
projected visit, in order that appropriate consultations may be held and that
maximum precautions may be taken to assure safety and to avoid interference with
normal operations in the facility to be visited. In pursuance of this article,
any State Party may act on its own behalf or with the full or partial assistance
of any other State Party or through appropriate international procedures within
the framework of the United Nations and in accordance with the
Charter.
2. A State Party which has reason to believe that another State
Party is not fulfilling the obligations incumbent upon it pursuant to this
Agreement or that another State Party is interfering with the rights which the
former State has under this Agreement may request consultations with that State
Party. A State Party receiving such a request shall enter into such
consultations without delay. Any other State Party which requests to do so
shall be entitled to take part in the consultations. Each State Party
participating in such consultations shall seek a mutually acceptable resolution
of any controversy and shall bear in mind the rights and interests of all State
Parties. The Secretary-General of the United Nations shall be informed of the
results of the consultations and shall transmit the information received to all
States Parties concerned.
3. If the consultations do not lead to a
mutually acceptable settlement which has due regard for the rights and interests
of all States Parties, the parties concerned shall take all measures to settle
the dispute by other peaceful means of their choice appropriate to the
circumstances and the nature of the dispute. If difficulties arise in connexion
with the opening of consultations or if consultations do not lead to a mutually
acceptable settlement, any State Party may seek the assistance of the
Secretary-General, without seeking the consent of any other State Party
concerned, in order to resolve the controversy. A State Party which does not
maintain diplomatic relations with another State Party concerned shall
participate in such consultations, at its choice either itself or through
another State Party or the Secretary-General as intermediary.
Article 16
With the exception of articles 17 to 21, references in this Agreement
to States shall be deemed to apply to any international intergovernmental
organization which conducts space activities if the organization declares its
acceptance of the rights and obligations provided for in this Agreement and if a
majority of the States members of the organization are States Parties to this
Agreement and to the Treaty on Principles Governing the Activities of States in
the Exploration and Use of Outer Space, including the Moon and Other Celestial
Bodies. States members of any such organization which are States Parties to
this Agreement shall take all appropriate steps to ensure that the organization
makes a declaration in accordance with the provisions of this
article.
Article 17
Any State Party to this Agreement may propose amendments to the
Agreement. Amendments shall enter into force for each State Party to the
Agreement accepting the amendments upon their acceptance by a majority of the
States Parties to the Agreement and thereafter for each remaining State Party to
the Agreement on the date of acceptance by it.
Article 18
Ten years after the entry into force of this Agreement, the question of
the review of the Agreement shall be included in the provisional agenda of the
General Assembly of the United Nations in order to consider, in the light of
past application of the Agreement, whether it requires revision. However, at
any time after the Agreement has been in force for five years, the
Secretary-General of the United Nations, as depository, shall, at the request of
one third of the States Parties to the Agreement and with the concurrence of the
majority of States Parties, convene a conference of the States Parties to review
this Agreement. A review conference shall also consider the question of the
implementation of the provisions of article 11, paragraph 5, on the basis of the
principle referred to in paragraph 1 of that article and taking into account in
particular any relevant technological developments.
Article 19
1. This Agreement shall be open for signature by all States at United
Nations headquarters in New York.
2. This agreement shall be subject to
ratification by signatory States. Any State which does not sign this Agreement
before its entry into force in accordance with paragraph 3 of this article may
accede to it at any time. Instruments of ratification or accession shall be
deposited with the Secretary-General of the United Nations.
3. This
Agreement shall enter into force on the thirtieth day following the date of
deposit of the fifth instrument of ratification.
4. For each State
depositing its instrument of ratification or accession after the entry into
force of this Agreement, it shall enter into force on the thirtieth day
following the date of deposit of any such instrument.
5. The
Secretary-General shall promptly inform all signatory and acceding States of the
date of each signature, the date of deposit of each instrument of ratification
or accession to this Agreement, the date of its entry into force and other
notices.
Article 20
Any State Party to this Agreement may give notice of its withdrawal
from the Agreement one year after its entry into force by written notification
to the Secretary-General of the United Nations. Such withdrawal shall take
effect one year from the date of receipt of this notification.
Article 21
The original of this Agreement, of which the Arabic, Chinese, English,
French, Russian and Spanish texts are equally authentic, shall be deposited with
the Secretary-General of the United Nations, who shall send certified copies
thereof to all signatory and acceding States.
IN WITNESS THEREOF the
undersigned, being duly authorized thereto by their respective Governments, have
signed this Agreement, opened for signature at New York on 18 December
1979.
[Signatures omitted]
Note: This is the copy of the Agreement referred to in
paragraph (e) of the definition of UN Space Treaties in section 8
of this Act.
THE CONTRACTING PARTIES,
NOTING the great importance of the Treaty
on Principles Governing the Activities of States in the Exploration and Use of
Outer Space, including the Moon and Other Celestial Bodies, which calls for the
rendering of a possible assistance to astronauts in the event of accident,
distress or emergency landing, the prompt and safe return of astronauts, and the
return of objects launched into outer space,
DESIRING to develop and give
further concrete expression to these duties,
WISHING to promote
international co-operation in the peaceful exploration and use of outer
space,
PROMPTED by sentiments of humanity,
HAVE AGREED to the
following:-
Article 1
Each Contracting Party which receives information or discovers that the
personnel of a spacecraft have suffered accident or are experiencing conditions
of distress or have made an emergency or unintended landing in territory under
its jurisdiction or on the high seas or in any other place not under the
jurisdiction of any State shall immediately:
(a) notify the launching
authority or, if it cannot identify and immediately communicate with the
launching authority, immediately make a public announcement by all appropriate
means of communication at its disposal;
(b) notify the Secretary-General
of the United Nations, who should disseminate the information without delay by
all appropriate means of communication at his disposal.
Article 2
If, owing to accident, distress, emergency or unintended landing, the
personnel of a spacecraft land in territory under the jurisdiction of a
Contracting Party, it shall immediately take all possible steps to rescue them
and render them all necessary assistance. It shall inform the launching
authority and also the Secretary-General of the United Nations of the steps it
is taking and of their progress. If assistance by the launching authority would
help to effect a prompt rescue or would contribute substantially to the
effectiveness of search and rescue operations, the launching authority shall
co-operate with the Contracting Party with a view to the effective conduct of
search and rescue operations. Such operations shall be subject to the direction
and control of the Contracting Party, which shall act in close and continuing
consultation with the launching authority.
Article 3
If information is received or it is discovered that the personnel of a
spacecraft have alighted on the high seas or in any other place not under the
jurisdiction of any State, those Contracting Parties which are in a position to
do so shall, if necessary extend assistance in search and rescue operations for
such personnel to assure their speedy rescue. They shall inform the launching
authority and the Secretary-General of the United Nations of the steps they are
taking and of their progress.
Article 4
If, owing to accident, distress, emergency or unintended landing, the
personnel of a spacecraft land in territory under the jurisdiction of a
Contracting Party or have been found on the high seas or in any other place not
under the jurisdiction of any State, they shall be safely and promptly returned
to representatives of the launching authority.
Article 5
1. Each Contracting Party which receives information or discovers that
a space object or its component parts has returned to Earth in territory under
its jurisdiction or on the high seas or in any other place not under the
jurisdiction of any State, shall notify the launching authority and the
Secretary-General of the United Nations.
2. Each Contracting Party having
jurisdiction over the territory on which a space object or its component parts
has been discovered shall, upon the request of the launching authority and with
assistance from that authority if requested, take such steps as it finds
practicable to recover the object or component parts.
3. Upon request of
the launching authority, objects launched into outer space or their component
parts found beyond the territorial limits of the launching authority shall be
returned to or held at the disposal of representatives of the launching
authority, which shall, upon request, furnish identifying data prior to their
return.
4. Notwithstanding paragraphs 2 and 3 of the Article, a
Contracting Party which has reason to believe that a space object or its
component parts discovered in territory under its jurisdiction, or recovered by
it elsewhere, is of a hazardous or deleterious nature may so notify the
launching authority, which shall immediately take effective steps, under the
direction and control of the said Contracting Party, to eliminate possible
danger of harm.
5. Expenses incurred in fulfilling obligations to recover
and return a space object or its component parts under paragraphs 2 and 3 of
this Article shall be borne by the launching authority.
Article 6
For the purposes of this Agreement, the term “launching
authority” shall refer to the State responsible for launching, or, where
an international inter-governmental organization is responsible for launching,
that organization, provided that that organization declares its acceptance of
the rights and obligations provided for in this Agreement and a majority of the
States members of the organization are Contracting Parties to this Agreement and
to the Treaty on Principles Governing the Activities of States in the
Exploration and Use of Outer Space, including the Moon and Other Celestial
Bodies.
Article 7
1. This Agreement shall be open to all States for signature. Any State
which does not sign this Agreement before its entry into force in accordance
with paragraph 3 of this Article may accede to it at any time.
2. This
Agreement shall be subject to ratification by signatory states. Instruments of
ratification and instruments of accession shall be deposited with the
Governments of the United Kingdom of Great Britain and Northern Ireland, the
Union of Soviet Socialist Republics and the United States of America, which are
hereby designated the Depositary Governments.
3. This Agreement shall
enter into force upon the deposit of instruments of ratification by five
Governments including the Governments designated as Depositary Governments under
this Agreement.
4. For States whose instruments of ratification or
accession are deposited subsequent to the entry into force of this Agreement, it
shall enter into force on the date of the deposit of their instruments of
ratification or accession.
5. The Depositary Governments shall promptly
inform all signatory and acceding States of the date of each signature, the date
of deposit of each instrument of ratification of and accession to this
Agreement, the date of its entry into force and other notices.
6. This
Agreement shall be registered by the Depositary Governments pursuant to Article
102 of the Charter of the United Nations.
Article 8
Any State Party to the Agreement may propose amendments to this
Agreement. Amendments shall enter into force for each State Party to the
Agreement accepting the amendments upon their acceptance by a majority of the
States Parties to the Agreement and thereafter for each remaining State Party to
the Agreement on the date of acceptance by it.
Article 9
Any State Party to the Agreement may give notice of its withdrawal from
the Agreement one year after its entry into force by written notification to the
Depositary Governments. Such withdrawal shall take effect one year from the date
of receipt of this notification.
Article 10
This Agreement, of which the English, Russian, French, Spanish and
Chinese texts are equally authentic, shall be deposited in the archives of the
Depositary Governments. Duly certified copies of the Agreement shall be
transmitted by the Depositary Governments to the Governments of the signatory
and acceding States.
IN WITNESS WHEREOF the undersigned, duly
authorised, have signed this Agreement.
DONE in triplicate, at the
cities of London, Moscow and Washington, the twenty-second day of April, one
thousand nine hundred and sixty-eight.
[Signatures omitted]