Commonwealth Consolidated Acts

SPACE ACTIVITIES ACT 1998 - SECT 8

                   In this Act, unless the contrary intention appears:

"accident" has the meaning given by section 85.

"accident site" has the meaning given by section 98.

"accident site premises" has the meaning given by section 98.

"approved scientific or educational organisation" means an educational institution, a scientific organisation or a non-profit body, in respect of which a declaration under section 8A is in force.

"Australia" , when used in a geographical sense, includes the external Territories.

"Australian national" means:

                     (a)  an Australian citizen; or

                     (b)  a body incorporated by or under a law of the Commonwealth, of a State or of a Territory; or

                     (c)  the Commonwealth, a State or a Territory.

"civil penalty provision" has the meaning given by section 80.

"damage" has the same meaning as in the Liability Convention.

"exemption certificate" means a certificate issued under section 46.

"fault" has the same meaning as in the Liability Convention.

"gross negligence" has the meaning given by the regulations. But if the regulations do not give the term a meaning, it has the same meaning as in the Liability Convention.

"incident" has the meaning given by section 86.

"insured amount" , for a launch permit, overseas launch certificate or section 43 authorisation, means the amount for which the holder of the permit, certificate or authorisation is required to be insured under Division 7 of Part 3 in respect of the launch or launches, and any return, covered by the permit, certificate or authorisation. In determining this amount, disregard paragraph 47(2)(b) (which deals with direct financial responsibility).

"intergovernmental agreement with Russia" means the Agreement between the Government of Australia and the Government of the Russian Federation on Cooperation in the Field of the Exploration and Use Of Outer Space for Peaceful Purposes done at Canberra on 23 May 2001 the English text of which is set out in Schedule 6, and includes that Agreement as amended from time to time in relation to Australia.

"Investigator " means a person appointed under section 88.

"launch" a space object means launch the object into an area beyond the distance of 100 km above mean sea level, or attempt to do so.

"launch facility" means a facility (whether fixed or mobile) or place specifically designed or constructed as a facility or place from which space objects can be launched, and includes all other facilities at the facility or place that are necessary to conduct a launch.

"launching State" has the same meaning as in the Liability Convention.

"launch permit" means a permit granted under section 26.

"Launch Safety Officer" , for a licensed launch facility, means the person appointed by the Minister under section 50 for the facility.

"launch vehicle" means a vehicle that can carry a payload into or back from an area beyond the distance of 100 km above mean sea level.

"Liability Convention" means the Convention on International Liability for Damage Caused by Space Objects done at London, Moscow and Washington on 29 March 1972 and whose English text is set out in Schedule 1.

"liability period" means:

                     (a)  for the launch of a space object--the period of 30 days beginning when the launch takes place, or such other period as is specified in the regulations; and

                     (b)  for the return of a space object--the period beginning when the relevant re‑entry manoeuvre is begun and ending when the object has come to rest on Earth, or such other period as is specified in the regulations.

"licensed launch facility" means a launch facility for which a person holds a space licence: see section 18.

"occupier" of premises includes a person present at the premises who apparently represents the occupier.

"overseas launch certificate" means a certificate granted under section 35.

"payload" includes a load to be carried for testing purposes or otherwise on a non-profit basis.

"premises " includes a place and a conveyance.

"Register" means the Register of Space Objects kept under section 76.

"Registration Convention" means the Convention on Registration of Objects Launched into Outer Space done at New York on 14 January 1975 and whose English text is set out in Schedule 2.

"related party" has the meaning given by section 9.

"responsible party" , for the launch or return of a space object, means:

                     (a)  in the case of a launch or return authorised by a launch permit--the holder of the permit; or

                     (b)  in the case of a return authorised by a permission under subsection 43(1)--the holder of the permission; or

                     (c)  in the case of a return authorised by an agreement between the Minister and another person under subsection 43(2) --that other person; or

                     (d)  in the case of a launch or return that:

                              (i)  is not authorised as mentioned in paragraph (a), (b) or (c); but

                             (ii)  is covered by an exemption certificate (see section 46);

                            the holder of the exemption certificate; or

                     (e)  in the case of a launch authorised by an overseas launch certificate--the holder of the certificate; or

                      (f)  in any other case--each of the following persons:

                              (i)  the person or persons who carried out the launch or return of the space object;

                             (ii)  any person who, at any time during the liability period for the launch or return, owned all or some of any payload forming part of the space object concerned;

                            (iii)  any other person specified in regulations made for the purposes of this definition.

But, in relation to a launch to which paragraph (f) applies, if the space object was launched from a launch facility outside Australia, a person is only a responsible party if the person is also an Australian national.

"return" a space object means return the space object from an area beyond the distance of 100 km above mean sea level to Earth, or attempt to do so.

"space licence" means a licence granted under section 18.

"space object" means a thing consisting of:

                     (a)  a launch vehicle; and

                     (b)  a payload (if any) that the launch vehicle is to carry into or back from an area beyond the distance of 100 km above mean sea level;

or any part of such a thing, even if:

                     (c)  the part is to go only some of the way towards or back from an area beyond the distance of 100 km above mean sea level; or

                     (d)  the part results from the separation of a payload or payloads from a launch vehicle after launch.

"standard launch permit condition" means a condition to which a launch permit is subject because of section 29.

"third party" , for the launch or return of a space object, means a person who is not a responsible party for the launch or return and who is not a related party (see section 9) of any responsible party for the launch or return.

"UN space treaties" means the following:

                     (a)  the Liability Convention;

                     (b)  the Registration Convention;

                     (c)  the Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, Including the Moon and Other Celestial Bodies done at London, Moscow and Washington on 27 January 1967 and whose English text is set out in Schedule 3;

                     (d)  the Agreement Governing the Activities of States on the Moon and Other Celestial Bodies done at New York on 18 December 1979 and whose English text is set out in Schedule 4;

                     (e)  the Agreement on the Rescue of Astronauts, the Return of Astronauts and the Return of Objects Launched into Outer Space done at London, Moscow and Washington on 22 April 1968 and whose English text is set out in Schedule 5.