46LGiving a return authorisation

46L Giving a return authorisation

(1) The Minister may give a person a return authorisation that authorises: (a) the return of a space object to a specified place or area in Australia or outside Australia; or (b) a particular series of such returns that, in the Minister’s opinion, having regard to the nature of the space objects to be returned, may appropriately be authorised by a single return authorisation. (2) The return or returns may be authorised under this section only if all of the following criteria are met: (a) the Minister is satisfied that the person who is to carry out the return or returns is competent to do so; (b) the Minister is satisfied that the insurance/financial requirements in Division 7 will be satisfied for the return or returns; (c) the Minister is satisfied that the probability of the return or returns 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 authorisation should not be given; (f) any other criteria prescribed by the rules for the purposes of this paragraph. (3) The Minister may, in deciding whether to give a return authorisation, have regard to: (a) whether there is an agreement or arrangement between Australia and any country that is a launching State for any space object concerned under which that country assumes any liability, and indemnifies Australia, for any damage that the space object 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. (5) A return authorisation is subject to any conditions specified in the authorisation.