Commonwealth Numbered Acts Commonwealth Numbered Acts1 Section 8
2 Section 8 (definition of launch) 3 Section 8
(definition of launch vehicle) 4 Section 8 (definition of
return) 5 Section 8 (definition of space object) 6 After section 8
8A Approved scientific or educational organisations
The Minister may, by writing, declare an educational institution, a scientific
organisation or a non-profit body to be an approved scientific or educational
organisation for the purposes of this Act.
8B Guidelines for making a declaration
(1) The Minister must develop written guidelines that he or she must have
regard to when deciding whether or not to make a declaration under
section 8A.
An application for a declaration under section 8A must be made in
accordance with the regulations. 8 After paragraph 18(a)
9 Paragraph 18(d) 10 At the end of section 18
11 Section 23
12 At the end of section 24 (4) The regulations may prescribe
other ways in which a space licence must not be varied.
25A Annual review of space licence
The Minister may conduct an annual review of a space licence:
14 Subsection 26(2) (note) 15
Paragraph 26(3)(e) 16 Subsection 31(3) 17
Section 32
18 At the end of section 33 (4) The regulations may prescribe
other ways in which a launch permit must not be varied.
20 Subsection 35(3) 21 Subsection 38(3) 22 Section 39
23 At the end of section 40 (4) The regulations may prescribe
other ways in which an overseas launch certificate must not be varied. 25 At the end
of subsection 43(1)
26 Paragraph 43(3)(c) 27 Subsection 43(4) 28 At the end of Division 5 of
Part 3 45A Applying for an authorisation or for the variation of
an authorisation
(1) If the Minister considers that there may be grounds to vary or revoke an
authorisation under section 43 (other than at the authorisation holder's
request), the Minister must:
(2) In deciding whether to vary or revoke the authorisation, the Minister must
consider the matters raised in any submission received within the period
specified in the notice.
(1) The Minister may, by written notice, suspend an authorisation under
section 43 if:
(2) An authorisation under section 43 has no effect while suspended.
45A Terms of exemption certificate
(1) An exemption certificate:
(2) For the purposes of subsection (1), the regulations may set out how
to determine when events of a particular kind occur.
The holder of an exemption certificate must not contravene a condition of the
certificate.
30 At the end of paragraph 47(2)(b) 31 Subsection 48(3) 32 After paragraph 51(a)
33 After paragraph 51(b)
34 At the end of subsection 52(2)
35 Section 53 36 Paragraph
54(1)(a) 37 Subsection 59(1) (1) The applicant for a launch permit, or
for a transfer or variation of a launch permit, must pay the Commonwealth any
fee the regulations set in respect of the application. 39 After subsection 59(2) (2A) The applicant
for an authorisation under section 43, or for the variation of such an
authorisation, must pay the Commonwealth any fee the regulations set in
respect of the application. 41 After subsection
59(3) (3A) The holder of a space licence must pay the Commonwealth
any annual licence fee the regulations set in respect of the licence. (6A) The regulations may make provision for
approved scientific or educational organisations to be charged different fees
under this section than other persons. (9) The regulations may prescribe the circumstances in which the Minister may
wholly or partly waive fees that would otherwise be payable under this
section.
45 Section 60 46 Paragraph 61(g) 47 After paragraph
61(i)
48 Paragraph 61(j) 49 At the end of section 61
50 After subsection 63(2) (2A) This Part also applies to damage a
space object causes if:
51 Subsection 63(3) 52 At the end of section 64
53 At the end of section 69 (4) If:
(5) The Consolidated Revenue Fund is appropriated for the purposes of payments
by the Commonwealth under subsection (4). 55 After
paragraph 80(f)
56 Section 85 (at the end of paragraph (b) of the definition of
accident) 57 Section 106
A person is not subject to any liability to any person in respect of anything
done, or omitted to be done, in good faith in connection with the exercise or
performance of powers, functions or duties under this Act. (2) The regulations may make provision for or in
relation to a matter by applying, adopting or incorporating (with or without
modification) any matter contained in a written instrument or other document,
as in force at a particular time or as in force from time to time. 60 Schedule 4
Schedule 4—Agreement Governing the Activities of States on the Moon
and other Celestial Bodies
THE STATES PARTIES TO THIS AGREEMENT, approved scientific or
educational organisation means an educational institution, a scientific
organisation or a non-profit body, in respect of which a declaration under
section 8A is in force.
(2) The guidelines are to be made available for inspection on the Internet.
(3) The guidelines are a disallowable instrument for the purposes of
section 46A of the Acts Interpretation Act 1901 .
8C Applying for a declaration
7 Section 18
; and (h) the criteria (if any) prescribed by the regulations are satisfied in
relation to each flight path specified in the application for the licence.
13 At the end of
Division 2 of Part 3
19 At the end of
subsection 34(1)
; or (c) an incident involving a space object covered by the permit occurs
during the liability period for the launch or return of the object.
24
Section 42 (note)
An application for an authorisation under section 43, or for the
variation of such an authorisation, must be made in accordance with the
regulations.
45B Procedure etc.
45C Suspending an authorisation under section 43
(3) An authorisation under section 43 may be varied or revoked even
while it is suspended.
29 At the end of Division 6 of Part 3
(3) At any time when an exemption certificate is in force, the Minister may,
by written notice, extend or further extend the period for which the
certificate remains in force.
(4) An exemption certificate is granted subject to any conditions specified in
the certificate.
46B Breaching a condition
; and (d) give any directions about the return of a space object that was
launched from 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 return or destroy the space object.
38 Subsection 59(2)
40 Subsection 59(3)
42
After subsection 59(6)
43 At the end of section 59
44 After paragraph 60(b)
; or (c) an applicant for, or the holder of, an overseas launch certificate;
or
; or (k) refusing to make a declaration under section 8A; or
then the Commonwealth is liable to pay compensation to the Australian
nationals for the damage of an amount equal to so much of the excess amount as
does not exceed $3 billion.
54 Paragraph 80(c)
58 At the end of
section 110
59
Paragraph 4 of Article XIX of Schedule 1
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:
1. The
provisions of this Agreement relating to the moon shall also apply to other
celestial bodies within the solar system, other than the 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 earth by natural means.
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 interests 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.
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 purposes
shall not be prohibited. The use of any equipment or facility necessary for
peaceful exploration and use of the moon shall also not be prohibited.
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 as to 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.
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 on 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 days' 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.
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.
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 of 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.
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.
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 station 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
by personnel, vehicles and equipment of other States Parties conducting
activities on the moon in accordance with the provisions of this Agreement or
of article I 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.
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.
1. The moon and its natural resources are
the common heritage of mankind, which finds its expression in the provisions
of this Agreement and 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 terms 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 paragraph 7 of this
article and the provisions of article 6, paragraph 2, of this Agreement.
1. States Parties shall retain jurisdiction and control over their
personnel, vehicles, equipment, facilities, stations and installations on the
moon. The ownership of 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 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 States
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.
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.
1. States Parties to
this Agreement shall bear international responsibility for national activities
on the moon, 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 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.
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 States 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.
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 foregoing.
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.
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 the 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.
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.
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.
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 WHEREOF the
undersigned, being duly authorized thereto by their respective Governments,
have signed this Agreement, opened for signature at New York on
18 December 1979.
61 Before Article 1 of
Schedule 5
62 Article 3 of Schedule 5