(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.