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 Industryc) meet all costs associated with any investigations of accidents or incidents involvingthe launch operator during the “liability period”, being the period of thirty daysfrom the launch, up to a limit of A$3,000,000, though this potential liability is nottaken into account in MPL calculations; 126d) provide all relevant information to the Government relating to the date and timeof the launch and all information required by Article IV of the RegistrationConvention and the Flight Safety Code; 127 ande) ensure continuing compliance with the Program Management Plan, TechnologySecurity Plan, Flight Safety Plan and the Environmental Plan, where applicable, forthe launch and any associated return. 128The Government has intended for Launch Permits to take significantly less time toapprove than a Space Licence, though it is nevertheless likely to take no less than sixmonths to complete the approval process. An application fee of A$40,000 is payable fora single-launch Launch Permit or for the first launch of a Launch Permit for a series oflaunches, with a fee of A$10,000 for every subsequent launch in the series. 129 Forapproved scientific or educational organisations, a fee of A$2,000 is applicable for aLaunch Permit. 130Overseas Launch CertificatesAPPLICABILITYThe Act does not make a distinction between overseas launch operators of Australiannationality and Australian payload owners launching overseas, as any “responsible party”for an overseas launch would appear to be required to hold an Overseas LaunchCertificate. 131 The Act defines a “responsible party” as being an Australian that carriesout a launch or owns, in full or in part, the payload launched from overseas. 132 As aresult, the requirement of an Overseas Launch Certificate is imposed on both Australianlaunch operators and satellite operators for satellites launched overseas and, from aregulatory perspective, this is appropriate as Australia would be a launching State forthen purposes of the Liability Convention in either case.It is clearly in the interest of the Australian Government to seek to pass on its liability tothe launch operator or the payload owner where Australia is a launching State of anoverseas launch. However, such extraterritorial legislation would only have effect inimposing civil or criminal sanctions if the Australian national was within Australianjurisdiction at the time. As a result, while an Australian satellite operator is likely to be125Section 29(b) and (c).126Regulation 3.02(1)(a).127Regulation 3.02(1)(d) and (e).128Regulation 3.02(1).129Section 59 and Regulation 9.02.130Discussion with Dr. Michael Green, Space Licensing and Safety Office, 6 November 2002.131Section 12.132Section 8.135