Commonwealth Consolidated Regulations

SPACE ACTIVITIES REGULATIONS 2001 - REG 1.04

(1) For section 8C of the Act, an application for a declaration under section 8A of the Act must:

(a)

be in writing; and

(b)

state the applicant's name, address and ABN (if any) or ACN (if any); and

(c) include the following information:
(i) a statement whether the applicant claims to be one or more of the following:

(A)

an educational institution;

(B)

a non-profit body;

(C)

a scientific organisation;

and, if so, the basis of the claim;

(ii)

whether the applicant is a body corporate, unincorporated body or an individual;

(iii)

details of the applicant's organisational structure;

(iv)

the applicant's principal function;

(v)

the applicant's principal activities;

(vi)

if the applicant is not an individual — the purpose for which, and the manner in which, the applicant was established;

Examples for subparagraph (vi)

1.   Establishment by a law of the Commonwealth or of a State or Territory.

2.   Establishment by incorporation.

(vii)

whether the applicant carries on business for the purpose of profit or gain to its individual members, or to particular persons;

(viii)

whether the applicant is prohibited, by the terms of the body's constitution, or by operation of law, from making any distribution of its assets (including money and property), to its members or to particular persons while the body is operating or upon being wound up;

(ix)

a description of the space activity, or the series of space activities, that the applicant proposes to undertake or is likely to undertake;

(x)

a description of the purpose or purposes of the activity or series of activities;

(xi)

details of the nature, origin and function of the payload for each activity or series of activities;

(xii)

details of the proposed use of the results, data, intellectual property or other products that are expected to be obtained or collected as a result of the activity or series of activities;

(xiii)

details of the nature and source of the funding for the activity or series of activities, and details of any conditions under which the funding is or will be provided;

(xiv)

details of any agreement, memorandum of understanding or other arrangement that the applicant has entered into, or is proposing to enter into, in relation to the activity or the series of activities;

(xv)

when the applicant expects that the activity or the series of activities will be conducted;

(xvi)

the extent of participation by Australian nationals in the activity or the series of activities;

(xvii)

the name of each person that is a related party or related entity in relation to the applicant;

(xviii)

if a related party or related entity has a financial or ownership interest in the applicant, a description of that interest;

(ixx)

the name of an individual within the institution, body or organisation who is able to deal with all matters in relation to the application;

(xx)

the telephone number at which the individual may be contacted at all times;

(xxi)

the telephone number (if any) to which a facsimile message for the individual may be transmitted;

(xxii)

the individual's e-mail address (if any); and

(d) be signed by:

(i)

the chief executive officer of the applicant; or

(ii)

if the applicant does not have a chief executive officer — a person whose duties are equivalent to the duties of a chief executive officer; and

(e) be accompanied by:

(i)

documents that provide evidence that supports a claim mentioned in subparagraph (c) (i); and

(ii)

documents that provide evidence of the matters mentioned in subparagraphs (c) (ii) to (xviii); and

(iii)

if the applicant is not an individual — a copy of the applicant's constitution (if any).

Note    The making of a declaration under section 8A of the Act does not imply that the applicant will be granted approval to undertake a particular space activity or series of space activities.

(2)

If, at the time the application is made, an applicant does not have an ABN or an ACN, and the applicant subsequently obtains an ABN or an ACN, the applicant must tell the Minister as soon as practicable after the ABN or ACN is obtained.

Note 1    Under paragraph 18 (aa) of the Act, a space licence can be granted only to a person that is a corporation to which paragraph 51 (xx) of the Constitution applies.
Note 2    Giving false or misleading information or a false or misleading document is a serious offence — see Part 7.4 of the Criminal Code .