Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) Subject to this section, this Act does not apply in relation to:
(a) launches or returns, or activities related to launches or returns; or
(b) the operation of a launch facility or the doing of anything directly connected with the operation of a launch facility;
in accordance with any agreement made between the Commonwealth and another person before 11 November 1998.
(2) However:
(a) any term or condition of such an agreement that relates to the launch or return of a space object is taken, for the purposes of this Act, to be a condition (but not a standard launch permit condition) of a launch permit held by the person; and
(b) any other term or condition of such an agreement is taken, for the purposes of this Act, to be a condition of a space licence held by the person.
(3) If a person launches or returns a space object purportedly in accordance with an agreement mentioned in subsection (1) and:
(a) the launch or return is conducted in a way that is likely to cause substantial harm to public health or public safety or to cause substantial damage to property; or
(b) the space object is or contains a nuclear weapon or a weapon of mass destruction of any other kind; or
(c) the space object contains any fissionable material and the Minister's written approval for this has not first been obtained; or
(d) the launch or return does not comply with a term or condition of the agreement that requires insurance cover to be obtained in connection with the launch or return;
the person is guilty of an offence punishable on conviction by:
(e) in the case of a body corporate--a fine not exceeding 100,000 penalty units; or
(f) in the case of an individual--imprisonment for a term not exceeding 10 years, or a fine not exceeding 600 penalty units, or both.
Note 1: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.
Note 2: See section 4AA of the Crimes Act 1914 for the current value of a penalty unit.
(4) The Minister may take civil proceedings under Part 6 against a person who is alleged to have committed an offence against subsection (3), as an alternative to prosecution.
(5) An application may be made to the Administrative Appeals Tribunal for review of any decision made under an agreement mentioned in subsection (1) (including a decision made before this Act commenced):
(a) refusing to authorise activities covered by paragraph (1)(a) or (b); or
(b) varying, revoking or suspending such an authorisation; or
(c) imposing a particular condition or conditions on the conduct of such activities.
For this purpose, the decision is treated as though it had been made in the exercise of a power conferred by this Act.
(6) Subsection (1) does not apply to Part 5 (which deals with the Register of Space Objects) or to Part 7 (which deals with investigating accidents and incidents).