Commonwealth Numbered Regulations

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SPACE ACTIVITIES REGULATIONS 2001 2001 No. 186 - REG 3.06

Form of application

(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.



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