- (1)
- For paragraph 47 (2) (b) of the Act, the holder of a launch
permit, overseas launch certificate or section 43 authorisation covering a
launch or return must show direct financial responsibility for the launch or
return in accordance with this regulation.
(2) The holder must provide:
- (a)
- evidence that the holder has net assets sufficient to cover any liability
that the holder might incur for any damage to third parties caused by the
launch or return concerned, or other evidence that shows that the holder is
able to comply with any obligation of the holder to pay compensation for such
damage; and
- (b)
- any information that the Minister asks for in writing for the purpose of
showing that the holder is able to comply with any obligation of the holder to
pay compensation for such damage.
(3) However, if the holder is incorporated by or under a law of the
Commonwealth or of a State or Territory and is a subsidiary of, or is under
the direction or financial control of, another body having legal personality,
the holder:
(a) must provide:
- (i)
- evidence that the holder has net assets sufficient
to cover any liability that the holder might incur for any damage to
third parties caused by the launch or return concerned, or other
evidence that shows that the holder is able to comply with any
obligation of the holder to pay compensation for such damage; and
- (ii)
- any information that the Minister asks for in writing for the purpose of
showing that the holder is able to comply with any obligation of the holder to
pay compensation for such damage; or
(b) must provide:
- (i)
- evidence that the holder and the other body together
have net assets sufficient to cover any liability that the holder might incur
for such damage, or other evidence that shows that the holder is able to
comply with any obligation of the holder to pay compensation for such damage;
and
- (ii)
- a guarantee by the other body that, to the extent that any part of any
obligation of the holder to pay compensation for such damage is to be covered
by the other body's net assets, it will meet that part of the obligation; or
(c) must provide:
- (i)
- evidence that the other body has net assets sufficient
to cover any liability that the holder might incur for such damage, or other
evidence that shows that the holder is able to comply with any obligation of
the holder to pay compensation for such damage; and
- (ii)
- a guarantee by the other body that it will meet any obligation of the
holder to pay compensation for such damage.