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 IndustrySince then, the Act was amended in 2001 by the Space Activities Amendment (BilateralAgreement) Act 2001 (Cth) to implement a bilateral agreement with the RussianFederation for cooperation on private launch activities. Further, the Space ActivitiesAmendment Act 2002 (Cth) was enacted in October 2002 to make various rectifyingamendments and changes to the applicability and liability provisions as well as theintroduction of special arrangements for scientific or educational space activities.The Act provides for regulations, a form of subordinate or delegated legislation that donot require parliamentary enactment, to be enacted where necessary and convenience togive effect to the Act. 22 As a consequence, most of the necessary administrative detailsof the regulatory framework were left to the Space Activities Regulations 2001 (Cth) (the“Regulations”). 23 As the Act commenced in December 1998 and the Regulations didnot enter into force until 28 June 2001, there was in effect a thirty-month longmoratorium on Australian launch activities during that time.It should be noted that the Act merely forms the principal part of the regulatoryframework of private launch activities and there are several other laws that directly relateto the conduct of launch activities by private launch operators. Except where relevant, itis not the intention of this paper to discuss the details of those laws. These laws include:a) the Radiocommunications Act 1992 (Cth), regulating the frequency and apparatususe in the ground control facilities and on board the launch vehicle and/or thepayload;b) the Civil Aviation Safety Regulations 1998 (Cth) and, in particular, Part 101thereof, which came into force on 1 July 2002 and deals with airspace clearancesand airspace exclusion areas for space launch operators;c) the Customs (Prohibited Exports) Regulations 1958 (Cth) that implementsAustralia’s international obligations concerning export controls on rocket, missileand satellite technologies, such as those under the Wassenaar Arrangement onExport Controls for Conventional arms and Dual Use Goods and Technologiesand the international Missile Technology Control Regime; 24d) the Transport Safety Investigation Bill 2002 (Cth), currently proceeding throughthe Senate, regulates all accident investigations conducted by the AustralianTransport Safety Bureau (the “ATSB”);22Regulations are a form of legislative instrument that, in this case, are made by the Governor-General of Australia onadvice of the Cabinet. Although they do not require parliamentary approval, they must be tabled in both Houses ofParliament within fifteen sitting days of their enactment and may be disallowed by either House of Parliament withintwelve sitting days: see the Acts Interpretation Act 1901 (Cth).23The Regulations was amended on 3 July 2002 by the Space Activities Amendment Regulations (No 1) 2002 (Cth) and itis anticipated that the enactment of the Space Activities Amendment Act 2002 will necessitate further amendments tothe Regulations. The Senate Standing Committee on Regulations and Ordinances gave notice of motion to disallowthe Regulations in the Australian Senate was given on 20 September 2001 because of the legislative requirement forprivate information about employees and deemed employees to be provided to the Government. The notice ofmotion was subsequently withdrawn on 27 September 2001 as a result of assurances from the Government that allemployees and deemed employees are to be notified of the launch operator’s disclosure obligations under the Act.24Wassenaar Arrangement, , last accessed on 18 October 2002; and the MissileTechnology Control Régime (1987) 26 I.L.M. 539.119