Creating a Law – The Historical, Political and Commercial Path to an Australian Space Law

The Australian legal framework regulating privately operated space activities will celebrate its 27th anniversary in 2025. On its entry into force in 1998, the Space Activities Act was the longest space-specific law for space activities in the world, spanning 111 pages, 110 sections and five schedules. This paper will unpack and explore the process undertaken within the Australian Government when approaching the task of preparing what was seen as the essential Space Activities Act in the mid-to-late 1990s. Undertaking a historical analysis, this paper will examine Hawke and Howard-era Cabinet materials, departmental records and other archival materials that were, until recently, not publicly accessible. This paper will explore the key content of these documents, the pathway to law-making they evidence, and the political, legal and commercial pressures that shaped one of the earliest and longest contributions to the global body of space law. The findings from this paper highlight the importance to space-specific law making of factors including protecting public health and safety, managing sovereign financial risks, and respecting international law, while seeking to encourage and facilitate what was seen as a lucrative new industry for Australia. This paper will also highlight the role of key governmental and private sector players in the development of the Space Activities Act and their role in developing regulation. The paper concludes by highlight key considerations that were overlooked during the development of the regulatory framework and the consequences of those decisions in the years after the law’s passage through the Australian Parliament.