Commonwealth Consolidated Acts Commonwealth Consolidated ActsIn this Act, unless the contrary intention appears:
"accident" has the meaning given by section 85.
"accident site" has the meaning given by section 98.
"accident site premises" has the meaning given by section 98.
"aircraft" means any machine or craft that can derive support in the atmosphere from the reactions of the air, other than the reactions of the air against the earth's surface.
"Astronauts and Objects Agreement" means the Agreement on the Rescue of Astronauts, the Return of Astronauts and the Return of Objects Launched into Outer Space, done at London, Moscow and Washington on 22 April 1968, as amended and in force for Australia from time to time.
Note: The Agreement is in Australian Treaty Series 1986 No. 8 ([1986] ATS 8) and could in 2018 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).
"Australia" , when used in a geographical sense, includes the external Territories.
"Australian aircraft" means an aircraft registered in Australia.
"Australian high power rocket" permit means a permit granted under section 38.
"Australian launch permit" means a permit granted under section 28.
(aa) an Australian resident; 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.
"Australian resident" means an individual who resides in Australia and is the holder (within the meaning of the Migration Act 1958 ) of a permanent visa (within the meaning of that Act).
"Australian territory" means the following:
(a) the territory of Australia and of each external Territory;
(b) the territorial sea of Australia;
(c) the waters of the sea on the landward side of the territorial sea of Australia, but not within the limits of a State or internal Territory;
(d) the territorial sea of each external Territory;
(e) the waters of the sea on the landward side of the territorial sea of each external Territory, but not within the limits of the external Territory.
"authorisation certificate" means a certificate issued under section 46U.
(a) the Convention on International Civil Aviation done at Chicago on 7 December 1944, whose English text is set out in Schedule 1 to the Air Navigation Act 1920 ; and
(b) the Protocols amending that Convention that are referred to in subsection 3A(2) of that Act, whose English texts are set out in Schedules to that Act; and
(c) the Annexes to that Convention that relate to international standards and recommended practices and that are adopted in accordance with that Convention.
"civil penalty provision" has the same meaning as in the Regulatory Powers Act.
(a) in relation to a space object--has the same meaning as in the Liability Convention; and
(b) in relation to a high power rocket--means loss of life, personal injury or other impairment of health or loss of or damage to property of persons.
"fault" has the same meaning as in the Liability Convention.
"Federal Court" means the Federal Court of Australia.
"foreign aircraft" means an aircraft that is not an Australian aircraft.
"gross negligence" has the meaning given by the rules. But if the rules do not give the term a meaning, it has the same meaning as in the Liability Convention.
"high power rocket" means an object of a kind prescribed by the rules for the purposes of this definition.
"incident" has the meaning given by section 86.
"insured amount" , for an Australian launch permit, Australian high power rocket permit, overseas payload permit or return authorisation, means the amount for which the holder of the permit or authorisation is required to be insured under Division 7 of Part 3 in respect of the launch or launches, and any return, covered by the permit or authorisation. In determining this amount, disregard paragraph 47(2)(b) (which deals with direct financial responsibility).
"Investigator" means a person appointed under section 88.
(a) a space object, means launch the whole or a part of the object into an area beyond the distance of 100 km above mean sea level, or attempt to do so; or
(b) a high power rocket, means launch the rocket into an area that is not beyond the distance of 100 km above mean sea level, or attempt to do so.
"launch facility" means a facility (whether fixed or mobile) or place specifically designed or constructed as a facility or place from which space objects can be launched, and includes all other facilities at the facility or place that are necessary to conduct a launch.
"launch facility licence" means a licence granted under section 18.
"launching State" has the same meaning as in the Liability Convention.
"launch party" , for the launch of a high power rocket, means:
(a) in the case of a launch authorised by an Australian high power rocket permit--the holder of the permit; or
(b) in the case of a launch that:
(i) is not authorised as mentioned in paragraph (a); but
(ii) is covered by an authorisation certificate;
the holder of the authorisation certificate; or
(c) in any other case--each of the following persons:
(i) the person or persons who carried out the launch of the high power rocket;
(ii) any other person specified in the rules made for the purposes of this definition.
"Launch Safety Officer" means:
(a) for a launch of a space object covered by an Australian launch permit--the person appointed under section 50 for the launch; or
(b) for a return to a place or area in Australia of a space object covered by an Australian launch permit or a return authorisation--the person appointed under section 50 for the return.
"Liability Convention" means the Convention on International Liability for Damage Caused by Space Objects, done at London, Moscow and Washington on 29 March 1972, as amended and in force for Australia from time to time.
Note: The Convention is in Australian Treaty Series 1975 No. 5 ([1975] ATS 5) and could in 2018 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).
(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 rules; 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 rules; and
(c) for the launch of a high power rocket--the period of 30 days beginning when the launch takes place, or such other period as is specified in the rules.
"licensed launch facility" means a launch facility for which a person holds a launch facility licence.
"Moon and other Celestial Bodies Agreement" means the Agreement Governing the Activities of States on the Moon and other Celestial Bodies, done at New York on 18 December 1979, as amended and in force for Australia from time to time.
Note: The Agreement is in Australian Treaty Series 1986 No. 14 ([1986] ATS 14) and could in 2018 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).
"occupier" of premises includes a person present at the premises who apparently represents the occupier.
"Outer Space Treaty" means the Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and other Celestial Bodies, done at London, Moscow and Washington on 27 January 1967, as amended and in force for Australia from time to time.
Note: The Treaty is in Australian Treaty Series 1967 No. 24 ([1967] ATS 24) and could in 2018 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).
"overseas payload permit" means a permit granted under section 46B.
"premises" includes a place and a conveyance.
"Register" means the Register of Space Objects kept under section 76.
"Registration Convention" means the Convention on Registration of Objects Launched into Outer Space, done at New York on 14 January 1975, as amended and in force for Australia from time to time.
Note: The Convention is in Australian Treaty Series 1986 No. 5 ([1986] ATS 5) and could in 2018 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).
"Regulatory Powers Act" means the Regulatory Powers (Standard Provisions) Act 2014 .
"related party" has the meaning given by section 9.
"responsible party" , for the launch or return of a space object, means:
(a) in the case of a launch or return authorised by an Australian launch permit--the holder of the permit; or
(b) in the case of a return authorised by a return authorisation--the holder of the authorisation; or
(d) in the case of a launch or return that:
(i) is not authorised as mentioned in paragraph (a) or (b); but
(ii) is covered by an authorisation certificate;
the holder of the authorisation certificate; or
(e) in the case of a launch authorised by an overseas payload permit--the holder of the permit; 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 the rules made for the purposes of this definition.
But, in relation to a launch or return to which paragraph (f) applies, if the space object was launched from a facility (whether fixed or mobile), or place, outside Australia, or if the space object was returned to a place or area outside Australia, a person is only a responsible party if the person is also an Australian national.
"return" a space object means return the space object from an area beyond the distance of 100 km above mean sea level to Earth, or attempt to do so.
"return authorisation" means an authorisation given under section 46L.
"rules" means the rules made by the Minister under section 110.
(a) an object the whole or a part of which is to go into or come back from an area beyond the distance of 100 km above mean sea level; or
(b) any part of such an object, even if the part is to go only some of the way towards or back from an area beyond the distance of 100 km above mean sea level.
(a) for the launch or return of a space object--means a person who is not a responsible party for the launch or return and who is not a related party (see section 9) of any responsible party for the launch or return; and
(b) for the launch of a high power rocket--means a person who is not a launch party for the launch and who is not a related party (see section 9) of any launch party for the launch.
"UN" space treaties means the following:
(b) the Registration Convention;
(d) the Moon and other Celestial Bodies Agreement;
(e) the Astronauts and Objects Agreement.