121Prescribed circumstances in which the destruction of, or damage by, space objects etc. are not accidents

121 Prescribed circumstances in which the destruction of, or damage by, space objects etc. are not accidents

(1) For the purposes of paragraph 85(b) of the Act, this section prescribes circumstances in which a space object or high power rocket being destroyed or seriously damaged, or causing damage to other property, is not an accident. Destruction of or damage to space object or rocket—no accident if consistent with stated purpose of launch (2) In relation to a space object or high power rocket being destroyed or seriously damaged, the circumstances are that: (a) any of the following apply: (i) the space object is launched or returned in accordance with an Australian launch permit; (ii) the space object is returned in accordance with a return authorisation; (iii) the high power rocket is launched in accordance with an Australian high power rocket permit; and (b) the destruction or damage is consistent with the stated purpose of the launch or return; and (c) the flight or return is not terminated by operation of the flight safety system. (3) However, subsection (2) does not apply if the property of a third party is damaged by the destruction or damage mentioned in that subsection. Damage to other property—no accident unless third-party property affected (4) In relation to a space object or high power rocket causing damage to other property, the circumstances are that the damaged property does not include the property of a third party.

Note: If a space object or a high power rocket causes damage to the property of a third party, an accident occurs for the purposes of the Act.