EXPLANATORY STATEMENT
Ordinance 2009 No. 1
Issued by the Authority of the Minister for Home Affairs
Christmas Island Act 1958
Christmas Island Space Centre (APSC Proposal) Repeal Ordinance 2009
Subsection 9(1) of the Christmas Island Act 1958 (‘the Act’) provides that the Governor-General may make Ordinances for the peace, order and good government of Christmas Island.
The purpose of this Ordinance is to repeal the Christmas Island Space Centre (APSC Proposal) Ordinance 2001 (‘the 2001 Ordinance’).
The 2001 Ordinance arises from an approach to the Commonwealth from Soft Star Aerospace Pty Ltd (SSA - formerly Asia Pacific Space Centre Pty Ltd) in 1998 to establish a commercial space facility (‘the facility’) on Christmas Island. The purpose of the 2001 Ordinance is to enable SSA to make a proposal to the Minister responsible for Territories for the establishment of the facility.
Since the 2001 Ordinance came into effect, SSA have not provided a compliant proposal. Nor have SSA provided evidence of availability of funding or provision of security to establish the facility. In 2001 the Commonwealth offered a $100 million strategic investment incentive to assist the establishment of the facility. SSA were unable to meet the milestones required to access these funds resulting in the withdrawal of the offer in 2006.
The facility is not viable in its current form as cost estimates from SSA are well below that of comparable projects and there are major technology security issues.
Repealing the 2001 Ordinance provides certainty to the status of the facility and allows land proposed for the facility to be developed for alternative uses.
Details of the Ordinance are set out in the Attachment.
The Ordinance commenced on the day after it was registered on the Federal Register of Legislative Instruments.
The Ordinance is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
ATTACHMENT
Details of the Christmas Island Space Centre (APSC Proposal) Repeal Ordinance 2009
Section 1 – Name of Ordinance
Section 1 provides that the title of the Ordinance is the Christmas Island Space Centre (APSC Proposal) Repeal Ordinance 2009.
Section 2 – Commencement
Section 2 provides that the Ordinance will commence the day after it is registered on the Federal Register of Legislative Instruments.
Section 3 – Repeal
Section 3 provides that the Christmas Island Space Centre (APSC Proposal) Ordinance 2001 is repealed.
Overview
The Christmas Island Space Centre (APSC Proposal) Repeal Ordinance 2009 was enacted to repeal the Christmas Island Space Centre (APSC Proposal) Ordinance 2001. This repeal was issued under the authority of the Minister for Home Affairs and the power vested in the Governor-General by subsection 9(1) of the Christmas Island Act 1958, which allows for the making of ordinances for the peace, order, and good government of Christmas Island. The 2001 Ordinance was introduced in response to a proposal by Soft Star Aerospace Pty Ltd (formerly Asia Pacific Space Centre Pty Ltd) to establish a commercial space facility on Christmas Island. However, the company has not fulfilled the requirements of the 2001 Ordinance, including the submission of a compliant proposal, the provision of funding, or the assurance of necessary security measures. Consequently, the facility remains unviable, with significant cost and technology security issues. Repealing the 2001 Ordinance aims to clarify the status of the facility and enable the proposed land to be repurposed for alternative uses.
Scope and Application
The Christmas Island Space Centre (APSC Proposal) Repeal Ordinance 2009 applies specifically to the Christmas Island Space Centre (APSC Proposal) Ordinance 2001, which had been enacted to facilitate a proposal by Soft Star Aerospace Pty Ltd to establish a commercial space facility on Christmas Island. This repeal affects the entities directly involved with the 2001 Ordinance, primarily Soft Star Aerospace, and potentially any other parties that were in the process of engaging with the proposal for the facility. The geographic reach of this legislation is limited to Christmas Island, which is a territory of the Commonwealth of Australia. The ordinance is made under the authority granted by subsection 9(1) of the Christmas Island Act 1958, which allows the Governor-General to make ordinances for the peace, order, and good government of Christmas Island. The repeal does not extend beyond the specific ordinance it addresses, and there are no stated exclusions or exemptions in this particular piece of legislation. The effectiveness of the repeal is contingent on its registration on the Federal Register of Legislative Instruments, after which it will commence immediately.
Key Provisions
The Christmas Island Space Centre (APSC Proposal) Repeal Ordinance 2009 (hereinafter referred to as the "Ordinance") is a legislative instrument that repeals the Christmas Island Space Centre (APSC Proposal) Ordinance 2001 (the "2001 Ordinance"). The main operative sections of the Ordinance include the name of the Ordinance (Section 1), the commencement date (Section 2), and the repeal of the 2001 Ordinance (Section 3). These sections establish the purpose and effect of the Ordinance, which is to provide certainty to the status of the proposed space facility on Christmas Island and to allow land proposed for the facility to be developed for alternative uses.
The Ordinance imposes certain obligations on the parties and entities it governs. Firstly, it mandates the repeal of the 2001 Ordinance, which enabled Soft Star Aerospace Pty Ltd (SSA) to make a proposal to the Minister responsible for Territories for the establishment of a commercial space facility on Christmas Island. The Ordinance also clarifies the legal status of the proposed facility, allowing land to be developed for alternative uses. Furthermore, the Ordinance serves to remove any ambiguity regarding the future of the space facility, given that SSA has not provided a compliant proposal or evidence of funding or security to establish the facility.
In terms of offences, penalties, or civil/criminal consequences for breach, the Ordinance itself does not explicitly state any such provisions. However, any breach of the repealed 2001 Ordinance prior to its repeal would have been subject to the penalties and consequences outlined in that Ordinance. It is essential to note that the repeal of the 2001 Ordinance does not affect any existing legal proceedings or actions taken in relation to the facility prior to the repeal. Moreover, any future development or use of the land previously proposed for the space facility should adhere to the relevant laws and regulations governing land use and development on Christmas Island.