(1) The application:
- (a)
- must be in writing; and
- (b)
- must state the reference number of the proposed transferor's launch permit
and the reference number of the proposed transferee's space licence (if any);
and
- (c)
- must state the transferee's name, registered address and ACN and the names
and addresses of the people responsible for its management and control; and
- (d)
- must specify the date and time of the launch or launches, and any
connected return, proposed to be conducted under the launch permit; and
(e) must specify:
- (i)
- each payload to be carried, including the name of its
owner, manufacturer and country of manufacture; and
- (ii)
- the purpose for which each payload is intended to be used; and
(f) for each payload to be carried:
- (i)
- must give details of the proposed
orbit (if any) of the payload; and
- (ii)
- must include an inventory of the sensors and other information-gathering
devices that are attached to the payload or powered by it; and
- (g)
- must give details of the nominated trajectory of each space object
proposed to be launched; and
(h) must include:
- (i)
- the information referred to in subparagraphs
1 (a), (b) and (e) of Article IV of the Registration Convention; and
- (ii)
- the information referred to in subparagraphs 1 (c) and (d) of
Article IV of the Registration Convention, so far as the transferee knows that
information; and
- (i)
- if a particular space object is proposed to be returned to a particular
place or area, must specify the place or area; and
(j) must give:
- (i)
- the name of an individual within the proposed
transferee's organisation who is able to deal with all matters in relation to
the application; and
- (ii)
- the telephone number at which the individual may be contacted at all
times, the telephone number (if any) to which a facsimile message for the
individual may be transmitted and the individual's e-mail address (if any);
and
- (k)
- must be signed by the proposed transferor and transferee; and
- (l)
- must be accompanied by the documents referred to in subregulation (4).
- (2)
- The application, and any documents required to accompany the application
under this regulation, must be lodged with the Department.
- (3)
- If a document is not in English, the document must have with it a
translation of it into English and a related certificate of verification by an
accredited translator.
(4) For paragraph (1) (l), the following are the
documents:
- (a)
- evidence that the proposed transferee is a corporation;
(b) a statement that sets out the name, qualifications and technical
experience of each person (whether or not employed by the transferee) whose
functions or duties would, if the permit were transferred to the transferee,
include responsibility for any of the following in relation to a launch that
is conducted under the launch permit:
- (i)
- if a payload is to be
carried the preparation of the payload and its integration with
the launch vehicle on which it is to be carried;
- (ii)
- installing any software in the space object concerned and verifying that
the software functions correctly;
(iii) verifying that the structural system, propulsion system, fuel system,
electrical system and electronic system of the space object function
correctly;
- (iv)
- the launch and any connected return;
- (v)
- safeguarding the technology used in relation to the launch and any
connected return;
(c) a hazard analysis of the proposed launch or each launch, and any connected
return, that meets the launch safety standards set out in the
Flight Safety Code and:
- (i)
- has been carried out, by a person approved by
the Minister, in accordance with the Risk Hazard Analysis Methodology
contained in the Flight Safety Code; or
- (ii)
- has been carried out in accordance with an alternative methodology
approved by the Minister;
- (d)
- in the case of a hazard analysis carried out in accordance with the Risk
Hazard Analysis Methodology written confirmation, by the person
who carried out the analysis, that it meets the launch safety standards set
out in the Flight Safety Code;
(e) in the case of a hazard analysis carried out in accordance with an
alternative methodology:
- (i)
- written confirmation, by the person who carried
out the analysis, that it meets the launch safety standards set out in the
Flight Safety Code; and
- (ii)
- written confirmation, by an independent person who is approved by the
Minister, that the analysis has been carried out in accordance with the
alternative methodology and meets the launch safety standards set out in the
Flight Safety Code;
- (f)
- a statutory declaration by the person holding or performing the duties of
the position of chief executive officer (however described) in the
transferee's organisation verifying that the space object or objects concerned
are not, and do not contain, a nuclear weapon or a weapon of mass destruction
of any other kind;
- (g)
- a copy of the program management plan, in accordance with regulation 3.08,
under which the transferee proposes to conduct the launch or launches, and any
connected return;
- (h)
- a copy of the technology security plan, in accordance with regulation
3.09, under which the transferee proposes to conduct the launch or launches,
and any connected return;
- (i)
- a flight safety plan, in accordance with regulation 3.10, under which the
transferee proposes to conduct the launch or launches and any connected
return, together with written confirmation by a person approved by the
Minister that the launch or launches and any connected return, if carried out
in accordance with the plan, will satisfy the launch safety standards set out
in the Flight Safety Code;
(j) in relation to the criterion in paragraph 26 (3) (d) of the Act:
- (i)
- a written statement indicating whether the transferee proposes to satisfy
the insurance requirements under paragraph 47 (2) (a) of the Act or
to show direct financial responsibility under paragraph 47 (2) (b)
of the Act; and
- (ii)
- if the transferee proposes to satisfy the insurance requirements under
paragraph 47 (2) (a) of the Act, an insurance compliance plan, in
accordance with regulation 3.11;
(k) if no other Australian law requires the transferee to have an
environmental plan approved for the launch or launches, and any connected
return:
- (i)
- a copy of an environmental plan, containing the arrangements and
procedures mentioned in regulation 3.12, under which the transferee proposes
to conduct the launch or launches, and any connected return; and
- (ii)
- a written assessment, by an independent person having suitable
qualifications and experience, of the adequacy of the arrangements and
procedures set out in the plan.
(5) However, the application need not:
(a) include the information referred to in paragraph (1) (d),
(e), (f), (g), (h) or (i) if:
- (i)
- the information is the same as the
information that the transferor has most recently given to the
Minister; and
- (ii)
- the transferee includes a written statement to that effect in the
application; or
(b) be accompanied by the program management plan, the technology security
plan or, if applicable, the environmental plan and accompanying assessment if:
- (i)
- the plan that the transferee proposes to use, or under which the
transferee proposes to operate, is the same as the plan that the transferor
uses, or under which the transferor operates, in complying with these
Regulations; and
- (ii)
- the transferee includes a written statement to that effect in the
application; or
- (c)
- be accompanied by the flight safety plan, the insurance compliance plan
(if applicable) or the hazard analysis and accompanying confirmation or
confirmations if there is no change to any payload to be carried on any launch
vehicle to be launched under the launch permit.