The Australian Government recognizes that there is no internationally accepted definition of “outer space”; correspondingly, neither is there any definition of “outer space” in Australian domestic law. The most relevant Australian legislation, the Space Activities Act 1998, was amended in 2002 to replace the words “outer space” with a description of an area beyond the distance of 100 km above mean sea level. This was not, however, an attempt to define the term, a position that was made clear in the explanatory memorandum presented in the Australian Parliament at that time. Rather, the effect of the amendment was to clarify the application of the Act to launches or attempted launches up to a clearly defined point, in order to provide certainty to industry. The Australian Government considers that further discussion at an international level on the definition of “outer space” may be useful, but does not regard this as a current priority.
The Australian Government recognizes that there is no internationally accepted definition of “outer space”; correspondingly, neither is there any definition of “outer space” in Australian domestic law. The most relevant Australian legislation, the Space Activities Act 1998, was amended in 2002 to replace the words “outer space” with a description of an area beyond the distance of 100 km above mean sea level. This was not, however, an attempt to define the term, a position that was made clear in the explanatory memorandum presented in the Australian Parliament at that time. Rather, the effect of the amendment was to clarify the application of the Act to launches or attempted launches up to a clearly defined point, in order to provide certainty to industry. The Australian Government considers that further discussion at an international level on the definition of “outer space” may be useful, but does not regard this as a current priority.
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