Commonwealth Numbered Regulations

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SPACE ACTIVITIES REGULATIONS 2001 2001 No. 186 - REG 2.04

Standard space licence conditions

(1) In this regulation:
"deemed employee "means an individual who, although not employed by the holder of a space licence:

(a)
performs a service for the holder; or

(b)
is an employee of a person who performs such a service.

personnel record , of an individual who is employed by the holder of a space licence or who performs a service for the holder, means a record of information about the individual that includes the following:

(a)
the individual's name, residential address, qualifications and duties and functions;

(b)
the date when the individual's employment or service began;

(c)
the individual's usual place of residence (or each of them, if more than one), and employment history, for the 10 years immediately preceding the making of the record.

(2) For paragraph 20 (c) of the Act, the following conditions are specified:
(a) the holder of the licence must ensure that the launch facility and launch vehicles of the kind covered by the licence are operated, and any construction associated with the launch facility is done, in accordance with a program management plan that:

(i)
is in accordance with regulation 2.11; and
(ii)
is approved by the Minister;

(b) if subregulation (3) applies to the holder, the holder must ensure that any test flight of a launch vehicle, or a launch vehicle of a kind, referred to in that subregulation that is conducted at the launch facility is conducted, and the results of the test flight are recorded and reported, in accordance with a flight test plan that:

(i)
is in accordance with regulation 2.12; and
(ii)
is approved by the Minister;

(c) the holder must ensure that the launch facility and launch vehicles are operated in accordance with a technology security plan that:

(i)
is in accordance with regulation 2.13; and
(ii)
is approved by the Minister;

(d) the holder must comply with an emergency plan that is in accordance with regulation 2.14:

(i)
in the event of an accident or incident or any other emergency of a kind referred to in that regulation; or
(ii)
in conducting exercises to test the plan and reporting in relation to those exercises;

(e) the holder must ensure that the launch facility is constructed and operated in accordance with:

(i)
if another Australian law requires the holder to have an environmental plan approved for the construction or operation of the launch facility — that plan; and
(ii)
in any other case — an environmental plan, containing the arrangements and procedures mentioned in regulation 2.17, that is approved by the Minister;
(f)
the holder must give to the Minister, if the holder has not already done so under the Act or these Regulations, a copy of each approval or authorisation referred to in paragraph 2.16 (a);

(g)
the holder must take all reasonably practical steps to amend, as necessary, the plans referred to in paragraphs (a), (c) and (d), the plan referred to in paragraph (b) (if applicable) and whichever is applicable of the plans referred to in paragraph (e) so that each plan is kept up-to-date;

(h)
the holder must comply with any directions given from time to time to the holder under subregulation (6);

(i)
the holder must ensure that copies of all amendments of the program management plan, the technology security plan and, if applicable, the flight test plan and the environmental plan referred to in subparagraph (e) (ii), are given to the Minister;

(j) for each of the holder's employees, or deemed employees, referred to in subregulation (5), the holder must, if the holder has not already done so under paragraph 2.10 (1) (e), notify the Minister in writing of:

(i)
the employee's or deemed employee's name, qualifications and duties or functions; and
(ii)
the employee's or deemed employee's usual place of residence (or each of them, if more than one), and employment history, for the 10 years immediately preceding the date of the notice; and
(iii)
if, for any reason, an employee changes his or her duties or functions within the holder's organisation, the changed duties or functions;

(k) the holder must keep a personnel record for each individual who is employed by the holder or who performs a service for the holder:

(i)
at the launch facility; or
(ii)
doing anything, in the course of his or her duties or functions, directly connected with operating the launch facility or operating the launch vehicles;
(l)
the holder must retain each personnel record for 7 years after the last entry in it was made.

(3) This subregulation applies to the holder of a licence if:

(a)
the kind of launch vehicle covered by the licence is a new kind and no launch vehicles of that kind have been flight tested; or

(b)
a launch vehicle of the kind covered by the licence that the holder intends to use at the launch facility has had a major modification made to it.

(4) For subregulation (3), a launch vehicle or a kind of launch vehicle has had a major modification made to it if:

(a)
a change has been made to the design of the kind of launch vehicle that involves any change to the type of engine, navigation system, flight control system or flight termination system specified in the design, or involves the use of strap-on boosters; or

(b)
it is modified in any other way that might affect, to a significant extent, any characteristic affecting its operation or performance.

(5) For paragraph (2) (j), the following are the employees or deemed employees:

(a)
an employee or deemed employee who is employed at the launch facility;

(b)
any other employee or deemed employee doing anything, in the course of his or her duties or functions, directly connected with operating the launch facility or operating the launch vehicles.

(6) For the purposes of performing functions or exercising powers under the Act, the Minister may give to the holder a written direction in relation to the revision of any or all of the following plans:

(a)
the program management plan;

(b)
if subregulation (3) applies to the holder, the flight test plan;

(c)
the technology security plan;

(d)
if subparagraph (2) (e) (ii) applies to the holder, the environmental plan referred to in that subparagraph.



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