Space Activities (Approved Scientific or Educational Organisations) Repeal Guidelines 2019

Administered by Department of Industry, Science and Resources

Legislation au F2019L01110 Not in force Legislative Instrument

Legislation content

EXPLANATORY STATEMENT

Issued by the authority of the Minister for Industry, Science and Technology

Space Activities Act 1998

Space Activities (Approved Scientific or Educational Organisations) Repeal Guidelines 2019

Purpose and Operation

The Space Activities (Approved Scientific or Educational Organisations) Repeal Guidelines 2019 (the Repeal Guidelines) repeal the Space Activities (Approved Scientific or Educational Organisations) Guidelines 2015 (the 2015 Guidelines).

The Space Activities Act 1998 (the Act) established a system to regulate space activities carried on either in Australia or by Australian nationals outside Australia. The Act will be amended by the Space Activities Amendment (Launches and Returns) Act 2018, which takes effect on 31 August 2019, and renames the Act to be the Space (Launches and Returns) Act 2018.

The 2015 Guidelines were made under section 8B of the Act which empowered the Minister to develop guidelines, by legislative instrument, which he or she must have regard to when deciding whether or not to make a declaration under section 8A of the Act. Section 8A of the Act allowed the Minister to declare an educational institution, a scientific organisation or a non-profit body to be an approved scientific or educational organisation for the purposes of the Act. As part of the amendments to the Act, on 31 August 2019 the ability of the Minister to make a declaration under section 8A of the Act and the authority to make guidelines under section 8B of the Act will be repealed. Therefore, the Repeal Guidelines are a machinery instrument to repeal the 2015 Guidelines.

Background

In 2015, the Australian Government commenced a review of the Space Activities Act 1998 to ensure Australia’s space regulation was appropriate for technology advancements and did not unnecessarily inhibit innovation in Australia’s space activities. In March 2017, a Legislative Proposals Paper[1] with key findings from the Review was released for public and Commonwealth consultation outlining proposed amendments to the Act. A finding included in the Legislative Proposals Paper was that approving an activity should focus on the nature of the activity, rather than the type of organisation making the application. A declaration under 8A was focused on the type of organisation making the application. A Bill to amend the Space Activities Act 1998 was drafted that included removing the ability for the Minister to declare an educational institution, a scientific organisation or a non‑profit body to be an approved scientific or educational organisation for the purposes of this Act and removing the ability for the Minister to make guidelines related to making a declaration.

Authority

Section 8B of the Act provides that the Minister must develop guidelines that he or she must have regard to when deciding whether or not to make a declaration approving a scientific or educational organisation under section 8A of the Act.

The Repeal Guidelines are made under the Act.

Consultation

As the Repeal Guidelines are machinery in nature, specific consultation on the repeal was not undertaken.

Public consultation on the new legislative instruments that will support the Space (Launches and Returns) Act 2018, which included the repeal of the Space Activities (Approved Scientific or Educational Organisations) Guidelines, was undertaken in May-June 2019 for a four week period. As part of this consultation, the Agency released a consultation paper along with an exposure draft of the rules, accepted submissions and held a public meeting in every capital city.  The Agency also consulted with relevant Australian Government departments.

 

 

 

Details of the Space Activities (Approved Scientific or Educational Organisations) Repeal Guidelines 2019

Section 1—Name of Instrument

This section specifies the name of the instrument as the Space Activities (Approved Scientific or Educational Organisations) Repeal Guidelines 2019 (the Repeal Guidelines).

Section 2—Commencement

This section provides that the Repeal Guidelines commence at the end of 30 August 2019.

Section 3—Authority

This section provides that the Repeal Guidelines are made under the Space Activities Act 1998.

Section 4—Schedules

This section provides a machinery clause that enables the Schedule to repeal the Space Activities (Approved Scientific or Educational Organisations) Guidelines 2015 (the 2015 Guidelines). The 2015 Guidelines will be obsolete because at the end of 30 August 2019 the provisions in the Space Activities Act 1998 that provide authority for the 2015 Guidelines will no longer exist.

SCHEDULE 1—REPEALS

Schedule 1 repeals the whole of the Space Activities (Approved Scientific or Educational Organisations) Guidelines 2015.

 

Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

Space Activities (Approved Scientific or Educational Organisations) Repeal Guidelines 2019

These guidelines are compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

Overview of the Legislative Instrument

The Space Activities (Approved Scientific or Educational Organisations) Repeal Guidelines 2019 repeal the Space Activities (Approved Scientific or Educational Organisations) Guidelines 2015.

Human rights implications

The Space Activities (Approved Scientific or Educational Organisations) Repeal Guidelines 2019 do not engage any of the applicable rights or freedoms.

Conclusion

The Space Activities (Approved Scientific or Educational Organisations) Repeal Guidelines 2019 are compatible with human rights as they do not raise any human rights issues.

 

The Hon Karen Andrews MP

Minister for Industry, Science and Technology

 

[1] The Legislative Proposals Paper is available on the Department of Industry, Innovation and Science’s website - https://consult.industry.gov.au/space-activities/reform-of-the-space-activities-act-1998-and-associ/

Overview

The Space Activities (Approved Scientific or Educational Organisations) Repeal Guidelines 2019 were issued under the Space Activities Act 1998, which was enacted to regulate space activities carried out in Australia or by Australian nationals abroad. This Act was introduced to address the need for a regulatory framework to govern space activities as Australia's capabilities in this area advanced. The guidelines, which are machinery in nature, were made by the Minister for Industry, Science and Technology, in accordance with section 8B of the Act, which empowers the Minister to develop guidelines for considering whether to declare an educational institution, scientific organisation, or non-profit body as an approved entity. The 2019 Repeal Guidelines have been introduced to repeal the Space Activities (Approved Scientific or Educational Organisations) Guidelines 2015, as part of the broader amendments to the Act that will see it renamed as the Space (Launches and Returns) Act 2018. These amendments focus on the nature of the activity rather than the type of organisation conducting it, as recommended in the 2017 Legislative Proposals Paper following a review of the Act. Consequently, the ability to declare an approved scientific or educational organisation and the authority to create related guidelines will be repealed. The Repeal Guidelines themselves are not subject to consultation as they are of a machinery nature, but broader consultation on the new legislative instruments was conducted in May-June 2019.

Scope and Application

The Space Activities (Approved Scientific or Educational Organisations) Repeal Guidelines 2019 are a legislative instrument made under the Space Activities Act 1998, which was subsequently amended and renamed as the Space (Launches and Returns) Act 2018. This repeal guideline serves to nullify the Space Activities (Approved Scientific or Educational Organisations) Guidelines 2015, which were established to provide the Minister with necessary guidance when considering whether to declare a scientific organisation, educational institution, or non-profit body as an approved entity under the Act. Commencing at the end of 30 August 2019, these repeal guidelines effectively render obsolete the 2015 Guidelines, as the Act's provisions that granted authority to these guidelines will cease to exist. The repeal aligns with the legislative amendments that shifted the focus from the type of organisation to the nature of the space activity, thereby eliminating the need for specific declarations and associated guidelines for certain organisations. This change is a part of the broader reform of Australia’s space regulatory framework to keep pace with technological advancements and foster innovation in the sector.

Key Provisions

The Space Activities (Approved Scientific or Educational Organisations) Repeal Guidelines 2019 (the Repeal Guidelines) primarily serve to repeal the existing Space Activities (Approved Scientific or Educational Organisations) Guidelines 2015 (the 2015 Guidelines) under the Space Activities Act 1998 (the Act). These repeal guidelines were necessitated by the forthcoming amendments to the Act, which are set to take effect on 31 August 2019. The amendments will rename the Act to the Space (Launches and Returns) Act 2018 and will remove the Minister's ability to declare an educational institution, a scientific organisation, or a non-profit body as an approved scientific or educational organisation under section 8A of the Act. Furthermore, section 8B, which previously empowered the Minister to develop guidelines for such declarations, will also be repealed. Therefore, the Repeal Guidelines function as a machinery instrument to formally repeal the 2015 Guidelines, rendering them obsolete. The Repeal Guidelines impose obligations on those who were previously subject to the 2015 Guidelines. Specifically, they ensure that from the commencement date of the Repeal Guidelines on 31 August 2019, the 2015 Guidelines will no longer apply. This includes the cessation of any declarations made under section 8A of the Act and the inapplicability of the guidelines that were previously developed under section 8B. The Repeal Guidelines also require that any processes, applications, or authorisations that were governed by the 2015 Guidelines must now be aligned with the new legislative framework provided by the Space (Launches and Returns) Act 2018. In terms of compliance and consequences, the Repeal Guidelines themselves do not introduce new offences or penalties. However, any continued reliance on the repealed 2015 Guidelines post the effective date of 31 August 2019 could result in non-compliance with the new legislative requirements. Such non-compliance might lead to administrative actions, legal challenges, or other repercussions under the Space (Launches and Returns) Act 2018. It is essential for parties affected by the repealed guidelines to transition to the new regulatory framework to avoid any potential civil or criminal consequences that might arise from operating under outdated guidelines.

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Technology Law
Instrument
Regulation
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Definitions & Interpretation
Repeal & Amendment
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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.