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SPACE ACTIVITIES ACT 1998 No. 123, 1998 - SECT 109
Application of Act: pre-existing agreement
(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 space object contains any fissionable material and the Minister's
written approval for this has not first been obtained; or
(d) 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:
(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.
(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).
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