Public Submissions into the Australian Government’s Review of the Space Activities Act 1998: Analysis Report

This analysis report provides a synopsis of non-government input into the Australian Government's review of the Space Activities Act 1998 (the 'Act'). It is not intended, and does not purport to be the final word on what must or should be done in relation to the Act, but offers a number of options for consideration by the Government on possible areas for reform of the Act. As the Review process, which has involved an analysis of input received from government agencies, the industry, academia and research institutions both in Australia and internationally, has progressed, the complexities associated with the utilisation of space-related technologies, and the ongoing development of an indigenous space sector, in an industrialised country like Australia have become increasingly apparent. Whilst this analysis report has primarily focussed on the factors that directly relate to the Terms of Reference of the Review, other issues beyond that scope were also raised by respondents, and also during discussions with government agencies. It is apparent that an assessment of the optimal regulatory framework that best promotes Australia's interests in relation to civil space activities requires a comprehensive and multi-faceted approach so as to address all of the relevant considerations. The somewhat limited scope of the Act has not been designed to regulate all aspects of what might be a broad and comprehensive Australian space strategy and space policy going forward. It will therefore be important to undertake a more wide-ranging assessment as to Australia's space-related regulatory framework, in the context of broader economic, technological, and structural considerations. Clearly, even if, having considered some of the options raised in this analysis report, it was concluded by the Government that the Act should be amended to more appropriately regulate the changed (and constantly changing) technological environment for civil space-related activities, this would not, in and of itself, comprehensively address the many important issues that have been raised by respondents to the Review. It would be naà¯ve to suggest that an amended Act would provide all of the answers, even though it may meet some of the issues raised. A deeper analysis of the structural, regulatory and technological aspects of Australia's participation in space-related activities is required. In that sense, it is suggested that the Review constitutes an initial step along an evolving path. Many of the issues raised during the Review process will necessitate more detailed discussions across the various parts of government that have an interest in them. These ongoing discussions may take into account not only those activities that are best addressed by the Act, but also other aspects associated with the ongoing development of space-related technology that may be pertinent in considering the potential benefits to Australia, and the most appropriate form of its regulatory framework. Moreover, as a number of respondents have suggested, any amendment to the Act and, more broadly, to the overall Australian legislative framework regulating Australian civil space activities, can only represent a 'part of the solution' in terms of promoting a more vibrant space economy in this country. There is a strong desire among all stakeholders who provided input to the Review to advance the opportunities for Australian space industry participants to compete globally in the space-related supply chain, as well as in associated industries. This goal was uniformly expressed across the range of interested parties, and there is therefore a strong wish amongst the sector that the Government considers the multitude of issues raised in this process with a broad and comprehensive whole-of-government approach, so as maximise the benefits for Australia and Australians. The consultant wishes to thank all stakeholders who have provided input during the course of the Review, and the various government agencies that have cooperated with, and supported the Review. The consultant also wishes to extend his sincere appreciation to the Civil Space, Cyber Security and ICT Section, Manufacturing and Services Branch, Sectoral Growth Policy Division, of the Department of Industry, Innovation and Science, for their assistance with respect to all aspects of the Review process.