2008 The Parliament of the Commonwealth of Australia HOUSE OF REPRESENTATIVES Presented and read a first time Aviation Legislation Amendment (2008 Measures No. 1) Bill 2008 No. , 2008 (Infrastructure, Transport, Regional Development and Local Government) A Bill for an Act to amend legislation relating to aviation, and for related purposes [Page Break] 1 Short title ........................................................................................... 1 2 Commencement ................................................................................. 1 3 Schedule(s) ........................................................................................ 1 Schedule 1--Amendments 3 Aviation Transport Security Act 2004 3 Civil Aviation Act 1988 5 [Page Break] 2 aviation, and for related purposes 3 The Parliament of Australia enacts: 4 1 Short title 5 This Act may be cited as the Aviation Legislation Amendment 6 (2008 Measures No. 1) Act 2008. 7 2 Commencement 8 This Act commences on the day on which it receives the Royal 9 Assent. 10 3 Schedule(s) 11 Each Act that is specified in a Schedule to this Act is amended or 12 repealed as set out in the applicable items in the Schedule Aviation Legislation Amendment (2008 Measures No. 1) Bill 2008 No. , 2008 1 [Page Break] 2 according to its terms. [Page Break] 2 Schedule 1--Amendments 3 4 Aviation Transport Security Act 2004 5 1 Section 9 6 Insert: 7 airline has the meaning given by subsection 134(2). 8 2 Section 9 9 Insert: 10 Australian international carriage has the meaning given by 11 subsection 134(2). 12 3 Section 9 13 Insert: 14 Australian operator has the meaning given by subsection 134(2). 15 4 Section 9 16 Insert: 17 bilateral arrangement has the meaning given by subsection 18 134(2). 19 5 Section 9 20 Insert: 21 foreign country has the meaning given by subsection 134(2). 22 6 At the end of subsection 133(1) 23 Add: 24 Note: See section 134 for the extra-territorial operation of regulations. 25 7 At the end of the Act 26 Add: [Page Break] 2 (1) Any provisions of the regulations may be expressed to apply to and 3 in relation to any of the following: 4 (a) Australian aircraft; 5 (b) aircraft (other than Australian aircraft) engaged in Australian 6 international carriage; 7 (c) passengers on board, and members of the crew of, aircraft 8 referred to in paragraph (a) or (b); 9 while the aircraft are outside Australian territory. 10 (2) In this Act: 11 airline means a person engaged in the provision of air services. 12 Australian international carriage means the carriage of 13 passengers or freight, or both passengers and freight, whether 14 within or outside Australian territory, by an aircraft that: 15 (a) is operated by an airline that is designated, nominated or 16 otherwise similarly authorised by Australia under a bilateral 17 arrangement to engage in such carriage; or 18 (b) is operated by an airline incorporated in Australia; or 19 (c) is operated by an airline having its principal place of business 20 in Australia; or 21 (d) is operated by an Australian operator and is subject to 22 section 15A or 17 of the Air Navigation Act 1920; or 23 (e) is operated jointly by: 24 (i) an airline referred to in paragraph (a), (b) or (c); and 25 (ii) another person; 26 but is under the control of the airline referred to in 27 subparagraph (i) of this paragraph; or 28 (f) is subject to section 15A or 17 of the Air Navigation Act 29 1920 and is operated jointly by: 30 (i) an Australian operator; and 31 (ii) another person; 32 but is under the control of the Australian operator. 33 Australian operator means an aircraft operator who: 34 (a) if the operator is an individual: 35 (i) is an Australian citizen; or [Page Break] 2 (b) if the operator is a body corporate: 3 (i) is incorporated in Australia; or 4 (ii) has its principal place of business in Australia. 5 bilateral arrangement means an agreement or arrangement 6 between: 7 (a) Australia, or an entity or organisation nominated or otherwise 8 similarly authorised by Australia to enter into the agreement 9 or arrangement; and 10 (b) a foreign country; 11 under which the carriage by air of passengers or freight, or both 12 passengers and freight, between Australia and the foreign country 13 is permitted. 14 foreign country includes any region: 15 (a) that is part of a foreign country; or 16 (b) that is under the protection of a foreign country; or 17 (c) for whose international relations a foreign country is 18 responsible. 19 (3) For the purposes of this section: 20 (a) an aircraft is taken to be subject to section 15A of the Air 21 Navigation Act 1920 if the aircraft would be taken to be 22 subject to that section under paragraph 27(3)(c) of that Act; 23 and 24 (b) an aircraft is taken to be subject to section 17 of the Air 25 Navigation Act 1920 if the aircraft would be taken to be 26 subject to that section under paragraph 27(3)(d) of that Act. 27 Civil Aviation Act 1988 28 8 After paragraph 23(1)(a) 29 Insert: 30 (ab) in accordance with the Aviation Transport Security 31 Regulations 2005, including any conditions subject to which 32 those regulations permit the carriage of those goods; or 33 9 After paragraph 23(2)(a) 34 Insert: [Page Break] 2 Regulations 2005, including any conditions subject to which 3 those regulations permit the carriage or consignment of those 4 goods; or 5 10 After paragraph 23(2A)(a) 6 Insert: 7 (ab) in accordance with the Aviation Transport Security 8 Regulations 2005, including any conditions subject to which 9 those regulations permit the carriage or consignment of those 10 goods; or