Instructions:
Please see Instructions for the Assignment as a whole accompanying the Part A Question Paper. As stated in those instructions, your answer to Part B is to be included with your answer to Part A in the one document that constitutes your submission.
LAW2STA Statutory Interpretation Assignment Part B-La Trobe University Australia
Question
It is 2026 when your firm is approached for advice by Space Exploration is Our Business Inc(the company).
In 2023 the company was granted a launch facility licence under the Space (Launches and Returns) Act 2018 (Cth) (‘the 2018 Act’).
In 2023-25 the company expended considerable money and resources in establishing a launch facility. In 2025 the company was granted an Australian launch permit.
In 2026 the 2018 Act was amended by the Omnibus Amendments Act 2026 (Cth) (‘the 2026 Act’). Under this Act, s 25(3) of the 2018 Act was amended. The 2018 Act now reads:
25(3) The Minister must not vary a launch facility licence in a way that changes the location of the licensed launch facility, unless the Minister pays the holder of the licence, within a reasonable period, full and fair compensation for so varying the licence.
The 2026 Act made a similar amendment to s 35(3) of the 2018 Act. The amended provision now reads:
35(3) If the permit relates to a launch facility in Australia, the Minister must not vary the permit in a way that changes the location of the launch facility, unless the Minister pays the holder of the permit, within a reasonable period, full and fair compensation for so varying the permit.
LAW2STA Statutory Interpretation Assignment Part B-La Trobe University Australia
After the 2026 Act commenced, the company was served with a notice purporting to vary their launch facility licence and their Australian launch permit in a way that changes the location of the licensed launch facility. (Assume that, if the 2018 Act as varied by the 2026 Act applies to them, the notice complies with that law.) The company is concerned by this development. It wishes to continue to be governed by the old law (the law that was in place immediately before the commencement of the 2026 Act).
You examine the 2026 Act for other possibly relevant provisions. You notice the following.
OMNIBUS AMENDMENTS ACT 2026
Schedule 7 – Space (Launches and Returns) Act 2018
8 Compensation form for licensed launch facilities
(1) The rules may provide a form by which the holder of a launch facility licence or an Australian launch permit may apply for compensation where a launch facility licence or an Australian launch permit is varied in a way that changes the location of the licensed launch facility.
(2) In this clause ‘licensed launch facility’ includes
(a) a facility that, before the commencement day was licensed; and
(b) a facility for which, before the commencement day, an Australian launch permit had been granted.
You note that the 2026 Act has these definitions:
‘commencement day’ means the day this Act commences;
‘rules’ has the meaning given to that term by the Space (Launches and Returns) Act 2018 this Act means the Omnibus Amendments Act 2026.
You also examine the Minister’s second reading speech to the Omnibus Amendments Bill 2006 In that speech the Minister said:
In respect of the amendments to the Space Launches and Returns) Act the amendments introduce some flexibility into the operation of the Act.The amendment simply is a contingency plan for the future. The Government has no plans to require any particular locations to be moved.
Your manager asks you to answer this question: Does the old law or the new law apply to the company and with what result? (Assume the reference to the old law is to the 2018 Act in force immediately before the 2026 Act commenced. And the reference to the new law is to the 2018 Act as amended by the 2026 Act.)
LAW2STA Statutory Interpretation Assignment Part B-La Trobe University Australia
Your manager asks you to answer the above question in two stages:
(a) (10 marks) Initially you are to answer the question without regard to item 8 of Sch 7 to the 2026 Act (‘your provisional answer’).
(b) (10 marks) Next you are to determine what effect if any item 8 of Sch 7 to the 2026 Act has on your provisional answer. In the course of answering the question at this second stage, interpret item 8.