46BGranting an overseas payload permit

46B Granting an overseas payload permit

(1) The Minister may grant to a person an overseas payload 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 overseas payload permit; from a specified facility (whether fixed or mobile), or specified place, outside Australia using a specified launch vehicle.

Note: Overseas payload permits are required only if an Australian national would be a responsible party for the launch—see section 14.

(2) The Minister may grant the overseas payload permit to the person only if all of the following criteria are met: (a) either: (i) the Minister is satisfied that the insurance/financial requirements in Division 7 will be satisfied for each launch to be conducted under the permit; or (ii) the Minister notifies the person, in writing, that, having regard to the nature and purpose of the space object or space objects concerned, those requirements are not required to be satisfied; (b) the Minister is satisfied that the probability of the launch or launches causing substantial harm to public health or public safety or causing substantial damage to property is sufficiently low; (c) the Minister does not consider that, for reasons relevant to the security, defence or international relations of Australia, the permit should not be granted; (d) any other criteria prescribed by the rules for the purposes of this paragraph. (3) The Minister may, in deciding whether to grant the overseas payload permit, have regard to: (a) whether there is an agreement or arrangement between Australia and the other launching State, or any of the other launching States, under which that State or those States assume liability, and indemnify Australia, for any damage that the space object or objects may cause; and (b) the terms of that agreement or arrangement. (4) Subsections (2) and (3) do not limit the matters to which the Minister may have regard.