{"id":"F2019L01120","name":"Space (Launches and Returns) (Insurance) Rules 2019","slug":"space-launches-and-returns-insurance-rules-2019","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":440211,"registerId":"F2019L01120-fast-fetch-1775955926155","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Space (Launches and Returns) (Insurance) Rules 2019","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\n---\n\n?xml version=\"1.0\" encoding=\"utf-8\" standalone=\"no\"?>\n\n![Commonwealth Coat of Arms of Australia](image.001.jpeg)\n\n \n\nSpace (Launches and Returns) (Insurance) Rules 2019\n\nI, Karen Andrews, Minister for Industry, Science and Technology, make the following rules.\n\nDated 26 August 2019\n\nKaren Andrews\n\nMinister for Industry, Science and Technology\n\n \n\n \n\n \n\n \n\n \n\nContents\n\nPart 1—Preliminary\n\n1 Name\n\n2 Commencement\n\n3 Authority\n\n4 Definitions\n\nPart 2—Insurance/financial requirements\n\n5 Satisfying the insurance/financial requirements—when a holder has shown direct financial responsibility\n\n6 Specified minimum amount of insurance\n\n7 Method for determining minimum amount of insurance\n\nPart 3—Miscellaneous\n\n8 Delegation\n\n \n\nPart 1—Preliminary\n\n \n\n1  Name\n\n  This instrument is the Space (Launches and Returns) (Insurance) Rules 2019.\n\n2  Commencement\n\n (1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n \n\n- Commencement information\n- Column 1 Column 2 Column 3\n- Provisions Commencement Date/Details\n- 1. The whole of this instrument At the same time as the Space Activities Amendment (Launches and Returns) Act 2018 commences.\n\n\nNote: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.\n\n (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.\n\n3  Authority\n\n  This instrument is made under the Space (Launches and Returns) Act 2018.\n\n4  Definitions\n\n  In this instrument:\n\nAct means the Space (Launches and Returns) Act 2018.\n\nPart 2—Insurance/financial requirements\n\n \n\n5  Satisfying the insurance/financial requirements—when a holder has shown direct financial responsibility\n\n (1) This section applies for the purposes of paragraph 47(2)(b) of the Act in relation to the holder of an Australian launch permit, an Australian high power rocket permit or a return authorisation, covering a launch or return.\n\n (2) The holder has shown direct financial responsibility for the launch or return for an amount not less than the amount that would otherwise have been applicable under subsection 48(4) of the Act for the launch or return (the subsection 48(4) amount) if the holder has given to the Minister:\n\n (a) evidence that the holder:\n\n (i) has a sufficient amount of available assets; or\n\n (ii) is otherwise able to meet any liability that the holder might incur under the Act to pay compensation for any damage to third parties that the launch or return causes; and\n\n (b) any additional information that the Minister asks for, in writing, for the purpose of showing that the holder has assets of the kind mentioned in subparagraph (a)(i) or is otherwise able to meet the liabilities mentioned in subparagraph (a)(ii).\n\n (3) For the purposes of subparagraph (2)(a)(i):\n\n (a) assets are of a sufficient amount if they have a value that is at least equal to the subsection 48(4) amount; and\n\n (b) assets are available assets if:\n\n (i) the holder could use them to meet any liability that the holder might incur under the Act to pay compensation for any damage to third parties that the launch or return causes; and\n\n (ii) for assets held wholly or partly by another person or body—the person or body will make them available to the holder if required.\n\n6  Specified minimum amount of insurance\n\n  For the purposes of paragraph 48(4)(a) of the Act, the amount for a launch or return mentioned in column 1 of an item in the following table is the amount mentioned in column 2 of the item.\n\n \n\n- Specified amounts\n- Item Column 1 Launch or return Column 2 Amount ($)\n- 1 Launch or return authorised by an Australian launch permit 100 million\n- 2 Launch authorised by an Australian high power rocket permit 100 million\n- 3 Launch authorised by an overseas payload permit 0\n- 4 Return authorised by a return authorisation, if:(a) the return is to a place or area outside Australia; and(b) the returned space object is carried as a payload by another space object that does not require a return authorisation 0\n- 5 Return authorised by a return authorisation, other than a return to which item 4 applies 100 million\n\n\nNote: The matters to which the Minister must have regard in deciding whether to issue an authorisation certificate covering specified conduct include whether the conduct would represent an unsatisfactory risk of liability to the Commonwealth if insurance is not held to cover the applicant or the Commonwealth, or both—see paragraph 119(c) of the Space (Launches and Returns) (General) Rules 2019.\n\n7  Method for determining minimum amount of insurance\n\n  For the purposes of paragraph 48(4)(b) of the Act, the method for determining an amount is the methodology set out in the document called Maximum Probable Loss Methodology, published on the Department’s website, as existing from time to time.\n\nPart 3—Miscellaneous\n\n \n\n8  Delegation\n\n (1) The Minister may, by writing, delegate any of the Minister’s powers or functions under this instrument to:\n\n (a) the Secretary of the Department; or\n\n (b) the Head of the Australian Space Agency; or\n\n (c) an SES employee, or acting SES employee, in the Department.\n\n (2) In doing anything under a delegation under this section, the delegate must comply with any directions of the Minister.\n","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"The instrument implements insurance and financial‑responsibility mechanics under the Space (Launches and Returns) Act 2018 (authority stated at s3). It specifies minimum amounts, the method for calculating amounts, the conditions under which an operator may show direct financial responsibility, and delegation arrangements; it does not expand or remove categories of conduct covered by the Act, so no change to statutory scope is evident from the text."},"complexity_factors":["Cross-references to the Act and specific paragraphs for calculating the applicable amount (s5(1) refers to par 47(2)(b); s5(2) refers to subsection 48(4)); creates dependency on interpreting the parent Act.","Ministerial discretion to request additional information and to judge the sufficiency of evidence of financial responsibility (s5(2)(b)), introducing administrative judgement.","Definition of “available assets” includes assets held by others that must be committed to the holder (s5(3)(b)(ii)), creating potential enforceability and contractual complexity.","Specified minimum amounts include exceptions (items in s6: $100 million for most Australian launches/returns; $0 for overseas payload permits and certain returns), requiring categorical application.","Use of an externally hosted, changeable methodology (‘Maximum Probable Loss Methodology’) to determine amounts (s7) introduces reliance on a non‑statutory, updateable document.","Delegation of Ministerial powers to senior officials with a requirement to follow Ministerial directions (s8(1)–(2)) centralises operational discretion and administrative control.","Compliance burden on permit holders to provide evidence or purchase insurance, and the need to calculate amounts consistently with the methodology (s5, s6, s7)."],"plain_english_summary":"These Rules set how holders of Australian launch permits, high‑power rocket permits and return authorisations must meet insurance or financial responsibility requirements under the Space (Launches and Returns) Act 2018. They fix specified minimum insurance amounts (generally $100 million for Australian launches and most returns, with some $0 exceptions), allow operators to prove direct financial responsibility instead of buying insurance, require a Departmental methodology to calculate amounts, and permit the Minister to request evidence and delegate decisions."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose of setting insurance and financial responsibility requirements for space launches and returns. The scope matches the enabling Act (Space (Launches and Returns) Act 2018) and does not appear to have expanded beyond the specific insurance/financial matters contemplated in that Act."},"complexity_factors":["Short instrument: only 8 sections across 3 Parts","Minimal defined terms: only 1 definition ('Act') in section 4","Simple conditional logic: only 2 exceptions to the $100 million requirement (items 3 and 4 in the table)","Single external reference: methodology document referenced in section 7 (incorporated as 'existing from time to time')","No nested exceptions or complex cross-referencing between sections","Straightforward delegation provision (section 8) with clear classes of delegates"],"plain_english_summary":"These rules require companies launching rockets or returning space objects in Australia to carry substantial financial protection—typically $100 million in insurance or demonstrable assets—to ensure victims can be compensated if a mishap causes death, injury, or property damage. \n\nExceptions apply where another country’s permit or an external return covers the activity. The policy affects launch/return operators and regulators, balancing commercial activity with public protection."}},"importantCases":[],"_links":{"self":"/api/acts/space-launches-and-returns-insurance-rules-2019","history":"/api/acts/space-launches-and-returns-insurance-rules-2019/history","analysis":"/api/acts/space-launches-and-returns-insurance-rules-2019/analysis","conflicts":"/api/acts/space-launches-and-returns-insurance-rules-2019/conflicts","importantCases":"/api/acts/space-launches-and-returns-insurance-rules-2019/important-cases","documents":"/api/acts/space-launches-and-returns-insurance-rules-2019/documents"}}