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 case of an incident. 184 This is similar to the régime provided for the investigation ofaviation accidents under Part 2A of the Air Navigation Act 1920 (Cth).The Investigator appointed under the Act has the following powers:a) the Investigator may require, by written notice, a person to attend a hearing andanswer questions, which may be on oath or affirmation, or to provide anydocuments, records, components or equipments relevant to the investigation; 185b) the Investigator may enter and search the accident site with or without theconsent of the owner of the site during the “access period” as specified by theInvestigator, which is to be no more than twenty-eight days unless theGovernment approves otherwise, and take any necessary samples, photographs,video recordings and sketches; 186 andc) remove the wreckage or any part thereof from the accident site. 187In protecting the interests of the launch operator as well as ensuring that theinformation obtained by the Investigator will be true and accurate, the answers andanything provided to the Investigator cannot be admitted as evidence against theprovider in any legal proceedings. 188 While it is a criminal offence to refuse to answerquestions or to refuse to give testimony on oath or affirmation, a person neverthelessretains the privilege against self-incrimination in that a person is not compelled toprovide testimony or documents that would incriminate them. 189 As for the wreckage, itis deemed to have been taken into the Investigator’s custody until no longer needed forthe investigation, even if the Investigator took no steps to move the wreckage. 190At the end of the investigation, the Investigator is required to provide a written report ofthe investigation. The Act provides that this report may be published if it is consideredto be desirable in the interest of promoting safety in the space industry and this benefitoutweighs the potential impact on the interests of the launch operator. 191 However, theBill provides that the Investigator must publish the investigation report, eitherelectronically or in hard copy, and as the Bill prevails over the Act, it may be assumedthat there is a compulsory requirement to publish the report. 192 Under the Act, theinvestigation report is not admissible as evidence in an Australian court except inrelation to a coronial inquiry concerning the death of an individual as a result of theaccident. 193 Even if the report is published, the statements, communications and medicalor personal information collected during the investigation cannot be disclosed, unless184Section 88.185Section 91(1)-(3).186Section 100(1) and the Transport Safety Investigation Bill, ss 33-36.187Section 100(1)(k) and the Transport Safety Investigation Bill, s 36.188Section 91(5)-(6).189Section 92(1)-(2).190Section 94.191Section 93.192Transport Safety Investigation Bill, s 25.193Ibid., s 27.143