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 IndustryThe Launch Safety Officer also has the primary responsibility for ensuring that theAustralian Government and the public are notified of an imminent launch. 175 However,it is unclear who is in fact responsible for issuing the notice. Such a notice must be givento the prescribed government authorities as listed in Table 3 between two to ten daysbefore the launch, specifying the date and time of the launch.It appears that the Launch Safety Officer also has the responsibility of ensuring thatAirservices Australia is informed for the purposes of airspace clearance, even thoughPart 101 of the Civil Aviation Safety Regulations 1998 (Cth) imposes that responsibilityon the launch operator itself. 176 If there is any residential community within fiftykilometres of the launch facility, the Launch Safety Officer must also ensure thatnotifications are given to all local newspapers, radio stations and other community mediawithin the notification period for broadcast. 177 On the day of the launch, the noticemust again be broadcast on all local radio stations some hours before the launch. 178Investigation of AccidentsThe Act provides a régime for investigations of incidents or accidents that took placeduring the liability period and it is expected that the Australian Transport Safety Bureauwould carry out such investigations. 179 It is important to note that the Transport SafetyInvestigation Bill 2002 (Cth) (the “Bill”), currently proceeding through the Senate,regulates all accident investigations conducted by the ATSB. Although investigationsconcerning space launches are not specifically referred to in the Bill, it does provide thatit prevails over any other federal law, including the Space Activities Act, in the case of anyinconsistency. 180 As a result, assuming that the Bill does apply to investigationsconducted under the Act, it is important for launch operators to consider the provisionscontained in both laws.The term “liability period” under the Act means the period of thirty days from thelaunch or from a relevant re-entry manoeuvre to the time when the space object comesto rest on Earth. 181 It appears from the Act that the Australian Government intends tolimit the time for which a launch operator is liable to third parties to the liability period.Under the Act, an “accident” is where a person died or suffered serious injury or ifproperty was destroyed or seriously damaged. 182 An “incident” is where an accidentnearly occurred or where an event took place that affects or could affect the safety of thepresent and future operations of the launch operator. 183 The reason why such adistinction is made is because the Government must appoint a suitably experienced andqualified Investigator in the case of an accident, whereas it may choose not to do so in175Section 51(a) and (aa).176Civil Aviation Safety Regulations 1998 (Cth), Regulation 101.450.177Regulation 8.01(2).178Regulation 8.01(5).179Section 84.180Transport Safety Investigation Bill 2002 (Cth), s 10(2).181Section 8.182Section 85.183Section 86.142