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This is a Bill, not an Act. For current law, see the Acts databases.
AIRPORT DEVELOPMENT OMBUDSMAN BILL 2010
2008-2009-2010
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Airport Development Ombudsman Bill
2010
No. , 2010
(Ms S. Jackson)
A Bill for an Act to establish an Airport
Development Ombudsman, and for related
purposes
i Airport Development Ombudsman Bill 2010 No. , 2010
Contents
Part 1--Preliminary
1
1 Short
title
...........................................................................................
1
2 Commencement
.................................................................................
2
3 Definitions
.........................................................................................
2
4 Schedule(s)
........................................................................................
2
Part 2--Establishment, functions and powers of the Airport
Development Ombudsman
3
5 Establishment
.....................................................................................
3
6 Functions
...........................................................................................
3
7 Powers
...............................................................................................
4
8 Consultation
.......................................................................................
4
9
Appointment and remuneration ......................................................... 4
10 Regulations
........................................................................................
4
Schedule 1--Consequential amendment of other Acts
5
Airports Act 1996
5
Air Services Act 1995
6
Civil Aviation Act 1988
6
Ombudsman Act 1976
6
Airport Development Ombudsman Bill 2010 No. , 2010 1
A Bill for an Act to establish an Airport
1
Development Ombudsman, and for related
2
purposes
3
The Parliament of Australia enacts:
4
Part 1--Preliminary
5
6
1 Short title
7
This Act may be cited as the Airport Development Ombudsman Act
8
2010.
9
Part 1 Preliminary
Section 2
2 Airport Development Ombudsman Bill 2010 No. , 2010
2 Commencement
1
This Act commences on a date to be fixed by Proclamation.
2
3 Definitions
3
In this Act:
4
airport means any airport subject to the Airports Act 1996.
5
Commonwealth Ombudsman means the Commonwealth
6
Ombudsman established by the Ombudsman Act 1976.
7
Ombudsman means the Airport Development Ombudsman.
8
4 Schedule(s)
9
Each Act that is specified in a Schedule to this Act is amended or
10
repealed as set out in the applicable items in the Schedule
11
concerned, and any other item in a Schedule to this Act has effect
12
according to its terms.
13
14
Establishment, functions and powers of the Airport Development Ombudsman Part 2
Section 5
Airport Development Ombudsman Bill 2010 No. , 2010 3
Part 2--Establishment, functions and powers of the
1
Airport Development Ombudsman
2
3
5 Establishment
4
As soon as practicable after the commencement of this Act, an
5
Airport Development Ombudsman shall be appointed by the
6
Minister.
7
6 Functions
8
(1) The Ombudsman shall serve as a point of liaison between the
9
Department and the public in relation to the impact on populated
10
areas of airport developments.
11
(2) Subject to subsections (3) and (4), a complaint may be made to the
12
Ombudsman in relation to airport developments that may impact
13
on populated areas.
14
(3) If the Minister has required a community consultation group to be
15
established in relation to an airport or a proposed airport the
16
Minister must ensure that the community consultation group is
17
listed in the regulations as a group to be consulted for the purposes
18
of this Act
19
(4) If a complaint is received in relation to an airport or a proposed
20
airport and if a community consultation group has been listed in
21
the regulations in respect of the airport or proposed airport, the
22
Ombudsman must not take action in respect of the complaint
23
unless the Ombudsman is satisfied that the person or group making
24
the complaint has made reasonable attempts to raise the matter of
25
the complaint with the community consultation group.
26
(5) Subject to subsection (4), the Ombudsman shall refer any
27
complaints in relation to airport developments that may impact on
28
populated areas to the Commonwealth Ombudsman who shall take
29
appropriate action in relation to such complaints.
30
Part 2 Establishment, functions and powers of the Airport Development Ombudsman
Section 7
4 Airport Development Ombudsman Bill 2010 No. , 2010
7 Powers
1
The Ombudsman has power to do all things necessary or
2
convenient to be done for or in connection with the performance of
3
his or her functions.
4
8 Consultation
5
In the performance of his or her functions and the exercise of his or
6
her powers, the Ombudsman must, where appropriate, consult with
7
government, commercial, industry, consumer, community and
8
other relevant bodies and organisations.
9
9 Appointment and remuneration
10
(1) A person appointed as the Ombudsman holds office for the period
11
(not longer than 3 years) specified in the instrument of
12
appointment, but is eligible for re-appointment.
13
(2) The Ombudsman is to be paid the remuneration determined by the
14
Remuneration Tribunal.
15
(3) The remuneration of the Ombudsman is to be paid out of funding
16
appropriated by the Parliament for the operation of the Minister's
17
portfolio.
18
(4) Expenditure by the Ombudsman in performance of his or her
19
functions is to be funded from funds appropriated by the
20
Parliament for the operation of the Minister's portfolio.
21
10 Regulations
22
The Governor-General may make regulations prescribing matters:
23
(a) required or permitted under this Act to be prescribed; or
24
(b) necessary or convenient to be prescribed for carrying out or
25
giving effect to the Act.
26
Consequential amendment of other Acts Schedule 1
Airport Development Ombudsman Bill 2010 No. , 2010 5
Schedule 1--Consequential amendment of
1
other Acts
2
3
Airports Act 1996
4
1 At the end of subsection 81(3)
5
Add:
6
;
and
7
(e) the views of the Airport Development Ombudsman on the
8
impact that carrying out the plan would be likely to have on
9
members of the public.
10
2 After subsection 84(2)
11
Insert:
12
(2A) In deciding whether to approve the variation, the Minister must
13
have regard to the views of the Airport Development Ombudsman
14
on the impact that carrying out the plan would be likely to have on
15
members of the public.
16
(2B) Subsection (2A) does not, by implication, limit the matters to
17
which the Minister may have regard.
18
3 At the end of subsection 94(3)
19
Add:
20
;
and
21
(f) the views of the Airport Development Ombudsman on the
22
impact that carrying out the plan would be likely to have on
23
members of the public.
24
4 After subsection 95(2)
25
Insert:
26
(2A) In deciding whether to approve the variation, the Minister must
27
have regard to the views of the Airport Development Ombudsman
28
on the impact that carrying out the plan would be likely to have on
29
members of the public.
30
Schedule 1 Consequential amendment of other Acts
6 Airport Development Ombudsman Bill 2010 No. , 2010
(2B) Subsection (2A) does not, by implication, limit the matters to
1
which the Minister may have regard.
2
5 At the end of subsection 126(3)
3
Add:
4
;
and
5
(e) the views of the Airport Development Ombudsman on the
6
impact that carrying out the strategy would be likely to have
7
on members of the public.
8
Air Services Act 1995
9
6 Section 10
10
After "including", insert "the Airport Development Ombudsman,".
11
Civil Aviation Act 1988
12
7 At the end of subsection 9(3)
13
Add:
14
;
and
15
(h) co-operating with the Airport Development Ombudsman as
16
required.
17
Ombudsman Act 1976
18
8 After subsection 5(1)
19
Insert:
20
(1A) When an action or complaint under subsection 5(1) relates to
21
airport development, the Commonwealth Ombudsman shall
22
consult with the Airport Development Ombudsman.
23
24