Executive Summary

This report contains the Joint Standing Committee on Treaties (JSCOT) review of the following Category 1 major treaty action: Agreement between the Government of Australia and the Government of the United States of America on the Technology Safeguards Associated with United States Participation in Space Launches from Australia (TSA or the Agreement). The Agreement was signed in Washington DC, USA on 26 October 2023, with the aim being to protect US technology launched in Australia and ensure that it remains under US control. In doing so the TSA provides a legal and technical framework that protects US launch vehicles, spacecraft, related equipment, and technical data. The Agreement enables US companies, government organisations and universities to undertake commercial space launch activities in Australia.

Justifications for Australia ratifying the TSA include the rapid growth of the global space sector which is expected to rise from US$464 billion in 2022 to US$1.1 trillion by 2040. This growth is due to the commercialisation of the global space launch sector and the reduction in costs to launch payloads into space. The Agreement will also benefit Australia, as the US, a strong bilateral partner, has the largest and most advanced commercial space launch sector in the world. Currently, most Australian satellites are exported from Australia to the US for launching by US companies. The Agreement would benefit the Australian space sector and provide opportunities for Australian companies as well as create new jobs for high-skilled technical positions and supply chains. The Agreement would also benefit the Australian economy through US investment and activity in the country, and it would strengthen the existing relationship between Australia and the US.

An inquiry was conducted by JSCOT in the Agreement, which included a public hearing held on 13 May 2024. At this hearing officials from the Australian Space Agency, the Australian Trade and Investment Commission and the Department of Foreign Affairs and Trade participated as witnesses. Other stakeholders in the Australian Space industry also appeared namely the Space Industry Association of Australia, Equatorial Launch Australia, the Australian Centre for Space Governance, the International Aerospace Law and Policy Group and the Jeff Bleich Centre for Democracy and Disruptive Technologies.

Issues raised during the inquiry included:

• benefits of the Agreement for Australia including Australia’s relationship with the US;
• regional engagement;
• economic considerations including the value of the space industry;
• capacity building;
• other TSAs and equivalent agreements;
• the influence of the US in the space sector;
• preferential treatment;
• the use of segregated areas;
• improvements to technology and internet capabilities;
• intellectual property rights;
• implementation of the Agreement;
• a co-design process;
• definitions;
• AUKUS and
• review and reporting.

The Committee believes that these issues were adequately addressed through the inquiry process, supports the treaty action, and recommends binding treaty action be taken.