Commonwealth Numbered Regulations

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SPACE ACTIVITIES REGULATIONS 2001 2001 No. 186 - REG 4.05

Form of application

(1) The application:

(a)
must be in writing; and

(b)
must state the reference number of the relevant overseas launch certificate; and

(c) must state the transferee's name and address or, if the transferee is incorporated by or under a law of the Commonwealth or of a State or Territory:

(i)
the transferee's name, registered address and ACN and the names and addresses of its directors; and
(ii)
if the transferee is a subsidiary of, or is under the direction or financial control of, a parent body, the names and addresses of the directors of the parent body; and

(d) must specify:

(i)
the date and time of the proposed launch or, if that information is not available to the applicant at the time of the application, the period (which must not be longer than 6 months) within which the launch is proposed to take place; or
(ii)
for a particular series of launches, the date and time of each proposed launch or, if that information is not available to the applicant at the time of the application, the period (which must not be longer than 6 months) within which the series is proposed to take place; and
(e)
must specify each payload to be carried in which the transferee has an ownership interest, including the name of its manufacturer and country of manufacture; and

(f)
must give details of the proposed orbit (if any) of each payload; and

(g)
must give details of all nominated trajectories or range of trajectories of each space object concerned; and

(h)
must include the information referred to in paragraph 1 of Article IV of the Registration Convention that relates to each payload to be carried in which the transferee has an ownership interest, so far as the transferee knows that information; and

(i) must give:

(i)
the name of an individual within the 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
(j)
must be signed by both the proposed transferor and transferee; and

(k)
must be accompanied by the documents referred to in subregulation (5).

(2) However, the application need not include the information referred to in paragraph (1) (d), (e), (f), (g) or (h) if:

(a)
the information is the same as the information that the transferor has most recently given to the Minister; and

(b)
the transferee includes a written statement to that effect in the application.

(3)
The application, and any documents required to accompany the application under this regulation, must be lodged with the Department.

(4)
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.

(5) For paragraph (1) (k), the following are the documents:
(a) documents, in accordance with regulation 4.07, relating to:

(i)
the proposed transferee's organisational structure; and
(ii)
particular persons who would, if the overseas launch certificate were transferred to the transferee, have duties or functions connected with the proposed launch or launches;
(b)
a statement that sets out the details of any contractual arrangements between the transferee and any other persons directly connected with the launch or launches;

(c) in relation to each space object that is proposed to be launched, a statutory declaration:

(i)
by the transferee; or
(ii)
if the transferee is a body incorporated by or under a law of the Commonwealth, or of a State or Territory, by the person holding or performing the duties of the position of chief executive officer (however described) in the transferee's organisation;
verifying that any part of the space object in which the transferee has an ownership interest is not, and does not contain, a nuclear weapon or a weapon of mass destruction of any other kind;

(d)
if any part of any space object in which the transferee has an ownership interest contains any fissionable material and the Minister's written approval for it to do so has been obtained, a copy of that approval.



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