Regulation of Space Activities: The Australian Approach

The regulation of space is a complex topic, given the several competing regulatory frameworks, approaches and interests that operate across different States. In this regard, international law primarily governs the rights, obligations and behaviours of States, whereas domestic law governs public bodies and regulates the activities of non-government entities subject to a State’s jurisdiction. The international and domestic legal frameworks do not always align, and nor do they need to. Each level of regulation has also been created with different interests in mind. Over the past decade the Australian space sector has blossomed, with private startups having been able to firmly establish themselves and carve out a place in the international space economy. However, the activities of non-government entities need to be regulated. This article first describes the current characteristics of the international space sector and then considers two of the regulatory pressure points for space businesses in Australia: the breadth of the laws that apply to space activities, and the positioning of the relevant regulatory bodies. This article concludes that there is a significant lacuna in specific Australian regulatory frameworks for space activities and that the position of the relevant regulatory agency is clouded with uncertainty.