Electronic Proceedings - United Nations Office for Outer Space Affairs

RICKY J. LEEThe Australian Space Activities Act 1998: Building the Regulatory Capacity for an Australian Launch Industryspace legislation. 13 These were followed by the legislative efforts of the RussianFederation and South Africa in 1993 and the Ukraine in 1996. 14Article VI of the Outer Space Treaty provides that “the activities of non-governmentalentities in outer space … shall require authorisation and continuing supervision by theappropriate State Party to the Treaty” and that States bear international responsibility“for assuring that national activities are carried out in conformity with the provisions setforth in the present Treaty”. At a cursory glance, the principles of the space treaties andothers that would most require compliance by private actors through domesticlegislation are:a) the application and implementation of public international law to space activities; 15b) space to be used in the interest of maintaining international peace and security; 16c) the prohibition of weapons of mass destruction in space; 17d) the launching States of space objects are to be liable for damage caused to thirdparties; 18e) maintain a registry of space objects and furnish all the information required underthe Registration Convention to the United Nations; 19f) avoid harmful contamination of outer space and any adverse changes in the Earthenvironment; 20 andg) provide assistance and rescue to any returned astronauts and the recovery andreturn of any returned space objects to the launching States. 21In the Act, it is clear that the issue of liability is the predominant concern of theAustralian Government. This narrow focus of the Parliament’s concern in relation tothe Government’s obligations relating to space activities is strongly reflected in the Actand its requirements to reduce the risk and, correspondingly, the potential liability of theAustralian Government for private launch activities as passed on to the launch operator.Structure of the ActThe Act came into force in Australia when it received Royal Assent on 21 December1998 and the Space Licensing and Safety Office (“SLASO”) was created to administer it.13Space Activities Act 1982 (Sweden); Outer Space Act 1986 (UK); and Commercial Space Launch Act 1984 (US).14Law on Space Activities 1993 (Russia); Space Affairs Act 1993 (South Africa); and Ordinance on Space Activities 1996(Ukraine).15Outer Space Treaty, Article III.16Ibid., Article III.17Ibid., Article IV.18Ibid., Article VII, and the Liability Convention, Articles II and III.19Outer Space Treaty, Article VIII and the Registration Convention, Articles II and IV.20Outer Space Treaty, Article IX.21Rescue Agreement, Articles 1 to 5.118