28Granting an Australian launch permit

28 Granting an Australian launch permit

(1) The Minister may grant to a person an Australian launch permit authorising: (a) the launch of one or more space objects; or (b) a particular series of launches of space objects that, in the Minister’s opinion, having regard to the nature of any payloads to be carried, may appropriately be authorised by a single Australian launch permit; from a specified launch facility in Australia, a specified Australian aircraft that is in flight or a specified foreign aircraft that is in the airspace over Australian territory. (2) The Australian launch permit may also authorise one or more space objects to be returned, in connection with the launch or launches, to a specified place or area in Australia.

Note: A returning space object need not be the same as the space object launched. For example, a launch vehicle could carry a payload into an area beyond the distance of 100 km above mean sea level and return without it, or even collect a different payload from an area beyond the distance of 100 km above mean sea level and return that to Earth.

(3) The Minister may grant the Australian launch permit to the person only if all of the following criteria are met: (a) the Minister is satisfied that the person who is to carry out the launch or launches, and any connected return, is competent to do so; (b) the Minister is satisfied that the insurance/financial requirements in Division 7 will be satisfied for the launch or launches, and any connected return; (c) the Minister is satisfied that the probability of the launch or launches, or any connected return, causing substantial harm to public health or public safety or causing substantial damage to property is as low as is reasonably practicable; (d) 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; (e) the Minister does not consider that, for reasons relevant to the security, defence or international relations of Australia, the permit should not be granted; (f) any other criteria prescribed by the rules for the purposes of this paragraph. (4) If a foreign country is also a launching State for the space object or any of the space objects, the Minister may, in deciding whether to grant the Australian launch permit, have regard to: (a) whether there is an agreement between Australia and that foreign country under which that foreign country assumes any liability, and indemnifies Australia, for any damage that the space object or objects may cause; and (b) the terms of that agreement. (5) Subsections (3) and (4) do not limit the matters to which the Minister may have regard.