Commonwealth of Australia Bills Commonwealth of Australia Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
1996-97
The Parliament of
the
Commonwealth of
Australia
HOUSE OF
REPRESENTATIVES
Presented and read a first
time
Aviation
Legislation Amendment Bill (No. 1) 1997
No.
, 1997
(Transport and Regional
Development)
A Bill for an Act to amend
various Acts relating to aviation, and for related purposes
9701920—1,045/25.2.1996—(19/97) Cat.
No. 96 7218 4 ISBN 0644 498064
Contents
Air Navigation Act
1920 7ala10h1.html
Airports Act
1996 7ala10h1.html
Airports (Transitional) Act 1996 7ala10h1.html
A Bill for an Act to amend various Acts relating to
aviation, and for related purposes
The Parliament of Australia enacts:
This Act may be cited as the Aviation Legislation Amendment Act (No.
1) 1997.
This Act commences on the day on which it receives the Royal
Assent.
Each Act that is specified in a Schedule to this Act is amended or
repealed as set out in the applicable items in the Schedule concerned, and any
other item in a Schedule to this Act has effect according to its
terms.
1
Subsection 3(1) (definition of
non-scheduled
flight)
Repeal the definition, substitute:
non-scheduled flight, in relation to an aircraft, means a
flight by the aircraft into or from Australian territory where the flight is not
made under the authority of an international airline licence issued by the
Secretary under the regulations.
2 Sections 13A, 14 and 15
Repeal the sections, substitute:
An aircraft that possesses the nationality of a Contracting State may,
subject to observance of the terms of the Chicago Convention and the provisions
of this Act, the regulations, the Civil Aviation Act 1988 and the
regulations made under that Act, fly in transit non-stop across Australian
territory, or land in Australian territory for non-traffic purposes, in the
course of a non-scheduled flight without the necessity of obtaining prior
permission.
In sections 15A to 15F:
charterer, in relation to a proposed non-scheduled flight of
an aircraft, or a proposed program of non-scheduled flights of one or more
aircraft, means the person who makes the arrangements for the carriage of
passengers, cargo or mail on the aircraft or any of the aircraft.
charter operator, in relation to a proposed non-scheduled
flight of an aircraft, or a proposed program of non-scheduled flights of one or
more aircraft, means:
(a) the owner of the aircraft or each of the aircraft; or
(b) the operator of the aircraft or each of the aircraft.
permission means a permission under
section 15D.
suspend, in relation to a permission, means suspend the
operation of the permission, either for a stated period or without limitation as
to time.
vary, in relation to a permission, includes alter or remove a
condition to which the permission is subject or make the permission subject to a
new condition.
(1) An aircraft must not, in Australian territory, before beginning a
non-scheduled flight or at an intermediate stopping place in the course of such
a flight, take on passengers, cargo or mail for carriage for reward unless a
permission for the carriage of the passengers, cargo or mail is in force and the
carriage is in accordance with the permission.
(2) An aircraft must not, in Australian territory, at an intermediate
stopping place in the course of a non-scheduled flight or at the end of such a
flight, discharge passengers, cargo or mail carried for reward unless a
permission for the carriage of the passengers, cargo or mail was in force and
the carriage was in accordance with the permission.
(3) The Secretary may, by writing, determine that a permission is not
required in relation to a category of commercial non-scheduled
flights.
(4) A permission is not required for the taking on or discharging of
passengers, cargo or mail in relation to a flight of an aircraft if the flight
is included in a category of flights in relation to which a determination under
subsection (3) is in force.
(5) If subsection (1) or (2) is intentionally or recklessly
contravened in respect of an aircraft, the operator of the aircraft and the
pilot in command of the aircraft, unless the operator or pilot, as the case may
be, has a reasonable excuse for the contravention, are each guilty of an offence
punishable on conviction by imprisonment for a period of not more than 2
years.
Note: Subsection 4B(2) of the Crimes Act 1914
allows a court to impose in respect of an offence an appropriate fine instead
of, or in addition to, a term of imprisonment. If a body corporate is convicted
of an offence, subsection 4B(3) of that Act allows a court to impose a fine
that is not greater than 5 times the maximum fine that could be imposed by the
court on an individual convicted of the same offence.
(6) If:
(a) any passengers are, or any cargo or mail is:
(i) taken on to an aircraft in Australian territory before beginning a
non-scheduled flight or at an intermediate stopping place in the course of such
a flight; or
(ii) discharged from an aircraft in Australian territory at an
intermediate stopping place in the course of a non-scheduled flight or at the
end of such a flight; and
(b) a permission was not required for the taking on or discharging of the
passengers, cargo or mail because of the operation of
subsection (4);
the operator of the aircraft must, within 14 days after the end of the
flight, give a written notice to the Secretary setting out the prescribed
particulars in relation to the flight and the passengers, cargo or
mail.
Penalty: 30 penalty units.
Note: If a body corporate is convicted of an offence,
subsection 4B(3) of the Crimes Act 1914 allows a court to impose a
fine that is not greater than 5 times the maximum fine that could be imposed by
the court on an individual convicted of the same offence.
(7) A determination under subsection (3) is a disallowable instrument
for the purposes of section 46A of the Acts Interpretation Act
1901.
(1) A charter operator may apply to the Secretary for permission for
passengers, cargo or mail to be carried on one or more aircraft on a
non-scheduled flight or on a program of non-scheduled flights.
(2) The application must:
(a) be in writing; and
(b) if the Secretary directs, be in a form approved by the Secretary;
and
(c) contain the information referred to in section 15C; and
(d) be lodged with the Secretary:
(i) not less than 21 days before the day on which the flight, or the first
of the flights, is to begin; or
(ii) within any lesser period allowed by the Secretary.
(1) The information to be contained in an application includes the
following:
(a) the name and address of the charterer of the aircraft, and the
nationality of the interests holding substantial ownership and effective control
of the charterer;
(b) the name and address of the charter operator, and the nationality of
the interests holding substantial ownership and effective control of the charter
operator;
(c) in respect of the aircraft, or each aircraft, that is to engage in the
flight or any of the flights—the type of aircraft, its capacity and
whether it is leased or owned by its operator;
(d) whether the aircraft, or each aircraft, that is to engage in the
flight or any of the flights is to carry passengers, cargo or mail;
(e) if the aircraft or any of the aircraft are to carry cargo—the
type of cargo;
(f) if the application relates to a program of flights:
(i) the duration of the program and the frequency of the proposed flights;
and
(ii) if the aircraft are to carry passengers—whether the program is
of a seasonal nature, consists of flights related to special events or is to
find out whether there would be a market for scheduled international air
services;
(g) the following particulars of the flight or flights:
(i) the place or places where the flight or flights are to begin;
(ii) the place or places where the flight or flights are to end;
(iii) any intermediate stopping places, including which of those stopping
places are places at which passengers, cargo or mail may be taken on or
discharged;
(iv) the proposed dates of departure from, and arrival at, the places
mentioned in the preceding subparagraphs;
(h) the proposed tariff structure for the flight or flights.
(2) If the aircraft or any of the aircraft are to carry passengers, the
application must, if the Secretary so requests, contain evidence, satisfactory
to the Secretary, that holders of tickets for the flight or any of the flights
will be indemnified for any financial loss that may be caused by the failure of
the charter operator:
(a) to fulfil its obligations; or
(b) if the application relates to a program of flights—to complete
the program.
(3) If further information is necessary to enable the Secretary to
determine an application:
(a) the Secretary may, by written notice to the applicant, require the
applicant to provide the information; and
(b) the Secretary is not bound to consider the application further, or to
determine it, until he or she receives the information.
(1) The Secretary may grant or refuse permission for passengers, cargo or
mail to be carried on the flight or flights to which the application relates and
must, as soon as practicable, give written notice of his or her decision to the
applicant.
(2) If the Secretary grants permission, the permission:
(a) is to be in writing; and
(b) has effect for the period stated in the permission; and
(c) may be subject to any conditions stated in the permission that the
Secretary thinks appropriate.
(3) In determining an application or deciding whether a permission is to
be subject to conditions, the Secretary is to have regard to the following
matters (except to the extent, if any, to which the matters concerned relate to
the safety of air navigation):
(a) the public interest, including but not limited to:
(i) the need of people to travel on, or to send cargo and mail by,
aircraft; and
(ii) the promotion of trade and tourism to and from Australia;
and
(iii) if the application relates to a program of flights to or from
Australia—whether there is to be a wide range of places in Australia that
will be served under the program; and
(iv) aviation security; and
(v) Australia’s international relations;
(b) the availability of capacity (within the meaning of the
International Air Services Commission Act 1992) on scheduled
international air services, and any relevant determination made by the
International Air Services Commission in respect of the allocation of capacity
on those services;
(c) any relevant advice on matters referred to in paragraph (a) that
is provided to the Minister by that Commission under paragraph 6(2)(c) of
that Act;
(d) any other matter that the Secretary thinks relevant.
(1) If the Secretary has granted a permission, a charter operator in
relation to the flight or flights covered by the permission may apply to the
Secretary for variation of the permission.
(2) The application must:
(a) be in writing; and
(b) if the Secretary directs, be in a form approved by the
Secretary.
(3) If further information is necessary to enable the Secretary to
determine an application:
(a) the Secretary may, by written notice to the applicant, require the
applicant to provide the information; and
(b) the Secretary is not bound to consider the application further, or to
determine it, until he or she receives the information.
(4) The Secretary may grant or refuse the application and must, as soon as
practicable, give written notice of his or her decision to the
applicant.
(5) In determining the application, the Secretary is to have regard to the
matters referred to in subsection 15D(3).
(1) The Secretary may vary, suspend or cancel a permission if:
(a) a condition to which the permission is subject has not been complied
with by a charter operator; or
(b) there has been substantial change in any of the matters to which the
Secretary had regard in granting the permission; or
(c) the Secretary is satisfied that it is in the public interest
(including any of the matters referred to in paragraph 15D(2)(a)) to do
so.
(2) If the Secretary varies, suspends or cancels a permission, the
Secretary must, as soon as practicable, give written notice of the variation,
suspension or cancellation to the person who applied for the
permission.
3 Subsection 17(1)
Omit “subsection 14(1) or in accordance with an international
airline licence or an approval under section 15”, substitute
“section 14 or in accordance with an international airline licence or
a permission under section 15D”.
4 Section 18
Omit “13A(3), 14(3A), 15(2C)”, substitute
“15A(3)”.
5 Section 22ZW
Repeal the section.
6 At the beginning of Part
4
Insert:
(1) Application may be made to the Administrative Appeals Tribunal for a
review of a decision by the Secretary:
(a) to refuse a permission under subsection 15D(1); or
(b) to grant a permission subject to a condition under
paragraph 15D(2)(c); or
(c) to refuse an application under subsection 15E(4); or
(d) to vary, suspend or cancel a permission under subsection 15F(1);
or
(e) to refuse a permission under subsection 17(1); or
(f) to approve a place to be designated as a sterile area under
subsection 21(5) subject to a condition; or
(g) to refuse an application for a place to be designated as a sterile
area under subsection 21(5); or
(h) to refuse to approve a proposed aviation security program under
section 22R or 22U; or
(i) to direct an aircraft operator to vary a proposed program or an
approved program under subsection 22U(1); or
(j) to direct an airport operator to vary a proposed program or an
approved program under subsection 22ZG(1); or
(k) to refuse to approve a proposed airport security program under
section 22ZD or 22ZG; or
(l) to cancel the approval of an aviation security program under
section 22T or 22U; or
(m) to cancel the approval of an airport security program under
section 22ZF or 22ZG; or
(n) to refuse to approve a proposal to vary an aviation security program
under section 22V; or
(o) to refuse to approve the adoption of an approved aviation security
program under paragraph 22X(2)(b); or
(p) to refuse to approve a proposal to vary an airport security program
under section 22ZH; or
(q) to categorise an airport under section 22ZK; or
(r) to give a direction under subsection 22ZQ(1); or
(s) to approve plans subject to a variation under section 22ZS;
or
(t) to reject plans under section 22ZS; or
(u) to give a direction under subsection 22ZV(2).
(2) Notice of a decision by the Secretary to which subsection (1)
applies must include a statement to the effect that:
(a) subject to the Administrative Appeals Tribunal Act 1975, a
person affected by the decision may make an application to the Administrative
Appeals Tribunal for review of the decision; and
(b) a person whose interests are affected by the decision may request a
statement under section 28 of that Act.
(3) A failure to comply with subsection (2) does not affect the
validity of the decision.
7 Paragraphs 27(2)(d) and
(f)
Omit “13A, 14, 15”, substitute “15A”.
8 Paragraphs 27(3)(a), (b) and
(c)
Repeal the paragraphs, substitute:
(c) an aircraft is taken to be subject to section 15A if the aircraft
is, or apart from subsection 15A(4) would be, prohibited from taking on in
Australian territory passengers, cargo or mail for carriage for reward, or
discharging in Australian territory passengers, cargo or mail carried for
reward, unless a permission for the carriage is or was in force under
section 15D and the carriage is or was in accordance with the permission;
and
9 After section 27
Insert:
(1) This section applies to an aircraft:
(a) that engages in trade or commerce:
(i) between Australia and places outside Australia; or
(ii) among the States; or
(iii) within a Territory; or
(iv) between a State and a Territory; or
(v) between 2 Territories; or
(b) that is owned by a body corporate that:
(i) is a foreign corporation; or
(ii) is incorporated in a Territory; or
(iii) is a trading corporation formed within the limits of the
Commonwealth (other than a trading corporation incorporated in a Territory);
or
(iv) is a financial corporation formed within the limits of the
Commonwealth (other than a financial corporation incorporated in a
Territory).
(2) Without prejudice to the operation that subsection (1) has apart from
this subsection, that subsection also has the effect that it would have
if:
(a) the reference to an aircraft that is owned by a body corporate that is
a trading corporation formed within the limits of the Commonwealth were a
reference only to such an aircraft that is used by the body corporate for the
purposes of its trading activities; and
(b) the reference to an aircraft that is owned by a body corporate that is
a financial corporation formed within the limits of the Commonwealth were a
reference only to such an aircraft that is used by the body corporate for the
purposes of its financial activities.
(3) In this section:
hire-purchase agreement, in relation to an aircraft or a
component of an aircraft, means an agreement for the bailment of the aircraft or
component under which:
(a) the bailee may buy the aircraft or component; or
(b) the property in the aircraft or component will or may pass to the
bailee.
instalment purchase agreement, in relation to an aircraft or
a component of an aircraft, means an agreement for the purchase of the aircraft
or component by instalments (whether the instalments are described as
instalments of the purchase price, as rent, as hiring charges or otherwise)
other than such an agreement:
(a) under which the property in the aircraft or component passes to the
purchaser when the agreement is made; or
(b) in respect of which the purchaser is a person who is engaged in the
business of selling aircraft or components of aircraft.
security interest, in relation to an aircraft or a component
of an aircraft:
(a) means:
(i) a mortgage, charge or other encumbrance over the aircraft or
component; or
(ii) any other interest in, or any power over or in relation to, the
aircraft or component (however the interest or power is created) for the purpose
of securing repayment of a debt (including payment of interest on a debt) or the
performance of any other obligation; and
(iii) any other interest in the aircraft or component that is of a kind
declared by the regulations to be a security interest; and
(b) includes:
(i) if the aircraft or component is the subject of a hire-purchase
agreement—the interest of the bailee under the agreement; and
(ii) if the aircraft or component is the subject of an instalment purchase
agreement—the interest of the purchaser under the agreement.
(4) The regulations may make provision for or in relation to the
following:
(a) the establishment or keeping of a register containing particulars of
security interests in relation to aircraft and components of aircraft;
(b) the appointment of a person (the registrar) to keep the
register;
(c) requiring the owner of an aircraft or of a component of an aircraft to
notify the registrar of particulars of any security interest, a change in any
particulars entered in the register in relation to a security interest, or the
termination of a security interest, in relation to the aircraft or
component;
(d) the period within which, and the manner and form in which, a
notification is to be given, including any documents to be lodged with, and any
information to be given to, the registrar in connection with a
notification;
(e) the manner in which any such document or information is to be verified
(which may include verification by means of a statutory declaration);
(f) the registration of particulars of a security interest duly notified,
the amendment of registered particulars of a security interest and the
cancellation of the registration of particulars of a security
interest;
(g) the publishing by the registrar of information about the registration
of particulars of a security interest, the amendment of registered particulars
of a security interest or the cancellation of the registration of particulars of
a security interest;
(h) the giving by the registrar of a certificate in relation to the
registration of particulars of a security interest and the amendment or
cancellation of such a certificate;
(i) the return by the registrar of documents to the person by whom they
were lodged;
(j) the return of certificates to the registrar for amendment or
cancellation;
(k) the giving by the registrar of copies of, or extracts from, entries on
the register;
(l) the prescribing of fees for:
(i) the registration of particulars of a security interest, the amendment
of registered particulars of a security interest or the cancellation of the
registration of particulars of a security interest; or
(ii) the giving by the registrar of certificates in relation to the
registration of particulars of a security interest or the amendment or
cancellation of such a certificate; or
(iii) the giving by the registrar of copies of, or extracts from, entries
on the register or documents lodged with the registrar;
(m) providing that a notification to the registrar is taken not to be duly
given unless and until:
(i) the notification is given in the manner and form, and is accompanied
by the documents and information, required by the regulations; and
(ii) any relevant prescribed fees are paid;
(n) the prescribing of penalties (not exceeding a fine of 50 penalty
units) for offences against regulations made for the purposes of any of the
above paragraphs.
(5) The fees that may be prescribed under paragraph (4)(l) may not exceed
amounts or rates that are reasonably related to the expenses incurred by the
Commonwealth in relation to the matters in respect of which the fees are
prescribed.
(6) A person is not taken to have notice of any matter relating to a
security interest in relation to an aircraft or a component of an aircraft
merely because of anything entered in the register in relation to the aircraft
or component.
10 Section 4 (11th dot
point)
Omit “fit for occupancy or use”, substitute “complying
with the regulations”.
11 Section 5
Insert:
lender, in relation to a loan security, means the person who
is entitled to enforce the security.
12 After section 7
Insert:
(1) A reference in this Act to a transfer by way of the enforcement of a
loan security is a reference to a transfer to the lender by way of the
enforcement of the loan security.
(2) A reference in this Act to an acquisition by way of the enforcement of
a loan security is a reference to the acquisition by the lender by way of the
enforcement of the loan security.
(3) This section is enacted for the avoidance of doubt.
13 Section 11 (5th dot
point)
After “acquires a lease”, insert “, or enters into
possession of an airport site,”.
14 Section 11 (6th dot
point)
Omit “statutory authority”, substitute “a statutory
obligation”.
15 At the end of section 11
Add:
• The regulations may deal with the terms of
subleases and licences relating to airport sites.
• The regulations may provide that the
beneficial and legal interests in subleases and licences relating to airport
sites cannot be separated except in the case of the enforcement of a loan
security.
16 At the end of section 28
Add:
(2) If:
(a) an airport lease is subject to a loan security; and
(b) the lender enters into possession of the land to which the lease
relates; and
(c) the entry into possession is by way of the enforcement of the loan
security;
the lender must, within 7 days after entering into possession, give the
Minister written notice of the entry into possession.
Penalty: 100 penalty units.
Note: The heading to section 28 of the Airports Act
1996 is altered by inserting “or of entry into
possession” after “lease”.
17 After subsection 29(1)
Insert:
Entry into possession
(1A) If:
(a) an airport lease is subject to a loan security; and
(b) the lender enters into possession of the land to which the lease
relates; and
(c) the entry into possession is by way of the enforcement of the loan
security;
the lender must cause the lease to be transferred to a qualified
company:
(d) within 90 days after the lender entered into possession; or
(e) if a longer period is specified in a written notice given to the
lender by the Minister—within that longer period.
18 Subsections 29(2) and
(3)
Omit “(1)”, substitute “(1) or (1A)”.
19 Paragraph 29(4)(b)
After “(1)(d)”, insert “or (1A)(e)”.
20 Division 5 of Part 2
(heading)
Repeal the heading, substitute:
21 Subsection 31(1)
Repeal the subsection, substitute:
(1) This section has effect for the purposes of determining
whether:
(a) an airport-operator company for an airport; or
(b) a person acting on behalf of an airport-operator company for an
airport;
has a defence to, or an immunity from:
(c) an action or proceeding in court (whether civil or criminal);
or
(d) an administrative proceeding; or
(e) a proceeding in a tribunal.
22 Subsections 31(2) and
(3)
Omit “authority”, substitute “an
obligation”.
Note: The heading to section 31 of the Airports Act
1996 is altered by omitting “Authority” and substituting
“Obligation”.
23 Before section 32
Insert:
24 Before section 33
Insert:
25 After subsection 33(4)
Insert:
Approval of agreement
(4A) The airport-lessee company for an airport must not enter into an
airport-management agreement in relation to the airport unless the agreement is
approved in writing by the Minister.
Note: Airport-management agreement is defined
by subsection (7).
Contravention
(4B) If a purported agreement contravenes subsection (4A), it is of no
effect.
Criteria for approval
(4C) In making a decision under subsection (4A), the Minister must have
regard to:
(a) the matters specified in the regulations; and
(b) such other matters (if any) as the Minister considers
relevant.
Approval of variation
(4D) An airport-management agreement in relation to the airport must not
be varied unless the variation is approved in writing by the Minister.
Note: Airport-management agreement is defined
by subsection (7).
Contravention
(4E) If a purported variation contravenes subsection (4D), it is of no
effect.
Criteria for approval
(4F) In making a decision under subsection (4D), the Minister must have
regard to:
(a) the matters specified in the regulations; and
(b) such other matters (if any) as the Minister considers
relevant.
Note: The following heading to subsection 33(1) of the
Airports Act 1996 is inserted “Approval of airport-management
company”.
26 Before section 34
Insert:
27 Subsections 34(2) and
(3)
Repeal the subsections, substitute:
(2) A sublease of an airport lease must not be granted or varied in
contravention of those regulations.
(3) If a purported grant or variation contravenes subsection (2), it is of
no effect.
28 At the end of section 34
Add:
(4) If a sublease is in force at the time (the imposition
time) when regulations made for the purposes of subsection (1) impose a
prohibition in relation to the sublease:
(a) the prohibition does not have any effect on the validity of the
sublease during the 90-day period beginning at the imposition time;
and
(b) if, at the end of that 90-day period, the sublease contravenes the
prohibition—the sublease is terminated immediately after the end of that
period.
29 After section 34
Insert:
(1) The regulations may prohibit specified kinds of terms from being
included in subleases of an airport lease.
(2) A sublease of an airport lease must not be granted or varied in
contravention of those regulations.
(3) If a purported grant or variation contravenes subsection (2), it is of
no effect.
(4) If a sublease is in force at the time (the imposition
time) when regulations made for the purposes of subsection (1) impose a
prohibition in relation to the sublease:
(a) the prohibition does not have any effect on the validity of the
sublease during the 90-day period beginning at the imposition time;
and
(b) if, at the end of that 90-day period, the sublease contravenes the
prohibition—the sublease is terminated immediately after the end of that
period.
(5) In this section:
terms includes conditions.
(1) The regulations may require that specified kinds of terms must be
included in subleases of an airport lease.
(2) A sublease of an airport lease must not be granted or varied in
contravention of those regulations.
(3) If a purported grant or variation contravenes subsection (2), it is of
no effect.
(4) If a sublease is in force at the time (the imposition
time) when regulations made for the purposes of subsection (1) impose a
requirement in relation to the sublease:
(a) the requirement does not have any effect on the validity of the
sublease during the 90-day period beginning at the imposition time;
and
(b) if, at the end of that 90-day period, the sublease contravenes the
requirement—the sublease is terminated immediately after the end of that
period.
(5) In this section:
terms includes conditions.
(1) The regulations may provide that the sublessee of an airport lease
must not dispose of the sublease by way of declaration of trust.
(2) If a purported disposal contravenes those regulations, it is of no
effect.
(1) The regulations may provide that a beneficial interest in a sublease
of an airport lease must not be transferred independently of the legal interest
in the sublease.
(2) If a purported transfer contravenes those regulations, it is of no
effect.
(3) This section does not apply to a transfer by way of the enforcement of
a loan security.
30 Subsections 35(2) and
(3)
Repeal the subsections, substitute:
(2) A licence relating to an airport lease must not be granted or varied
in contravention of those regulations.
(3) If a purported grant or variation contravenes subsection (2), it is of
no effect.
31 At the end of section 35
Add:
(4) If a licence is in force at the time (the imposition
time) when regulations made for the purposes of subsection (1) impose a
prohibition in relation to the licence:
(a) the prohibition does not have any effect on the validity of the
licence during the 90-day period beginning at the imposition time; and
(b) if, at the end of that 90-day period, the licence contravenes the
prohibition—the licence is terminated immediately after the end of that
period.
32 After section 35
Insert:
(1) The regulations may prohibit specified kinds of terms from being
included in licences relating to an airport lease.
(2) A licence relating to an airport lease must not be granted or varied
in contravention of those regulations.
(3) If a purported grant or variation contravenes subsection (2), it is of
no effect.
(4) If a licence is in force at the time (the imposition
time) when regulations made for the purposes of subsection (1) impose a
prohibition in relation to the licence:
(a) the prohibition does not have any effect on the validity of the
licence during the 90-day period beginning at the imposition time; and
(b) if, at the end of that 90-day period, the licence contravenes the
prohibition—the licence is terminated immediately after the end of that
period.
(5) In this section:
terms includes conditions.
(1) The regulations may require that specified kinds of terms must be
included in licences relating to an airport lease.
(2) A licence relating to an airport lease must not be granted or varied
in contravention of those regulations.
(3) If a purported grant or variation contravenes subsection (2), it is of
no effect.
(4) If a licence is in force at the time (the imposition
time) when regulations made for the purposes of subsection (1) impose a
requirement in relation to the licence:
(a) the requirement does not have any effect on the validity of the
licence during the 90-day period beginning at the imposition time; and
(b) if, at the end of that 90-day period, the licence contravenes the
requirement—the licence is terminated immediately after the end of that
period.
(5) In this section:
terms includes conditions.
(1) The regulations may provide that the holder of a licence relating to
an airport lease must not dispose of the licence by way of declaration of
trust.
(2) If a purported disposal contravenes those regulations, it is of no
effect.
(1) The regulations may provide that a beneficial interest in a licence
relating to an airport lease must not be transferred independently of the legal
interest in the licence.
(2) If a purported transfer contravenes those regulations, it is of no
effect.
(3) This section does not apply to a transfer by way of the enforcement of
a loan security.
This Subdivision does not, by implication, prevent a sublease or licence
from being terminated otherwise than under this Subdivision.
(1) If:
(a) apart from this section, the operation of this Subdivision would
result in the acquisition of property from a person otherwise than on just
terms; and
(b) the acquisition would be invalid because of paragraph 51(xxxi) of the
Constitution;
the Commonwealth is liable to pay compensation of a reasonable amount to
the person in respect of the acquisition.
(2) If the Commonwealth and the person do not agree on the amount of the
compensation, the person may institute proceedings in the Federal Court for the
recovery from the Commonwealth of such reasonable amount of compensation as the
court determines.
(3) In this section:
acquisition of property has the same meaning as in paragraph
51(xxxi) of the Constitution.
just terms has the same meaning as in paragraph 51(xxxi) of
the Constitution.
33 Subsection 60(6)
Omit “ownership/control matter”, substitute
“ownership matter”.
34 Section 67 (4th dot
point)
Omit “fit for occupancy or use”, substitute “complying
with the regulations”.
35 Paragraph 71(2)(h)
Omit “environmental”, substitute
“environment”.
36 Paragraph 71(3)(h)
Omit “environmental”, substitute
“environment”.
37 After section 84
Insert:
(1) Before giving the Minister a draft variation of a final master plan
for an airport under subsection 84(1), the airport-lessee company for the
airport must:
(a) cause to be published in a newspaper circulating generally in the
State or Territory in which the airport is situated a notice:
(i) stating that the company has prepared a preliminary version of the
draft variation; and
(ii) stating that copies of the preliminary version will be available for
inspection and purchase by members of the public during normal office hours
throughout the period of 30 days after the publication of the notice;
and
(iii) specifying the place or places where the copies will be available
for inspection and purchase; and
(iv) inviting members of the public to give written comments about the
preliminary version to the company within 30 days after the publication of the
notice; and
(b) make copies of the preliminary version available for inspection and
purchase by members of the public in accordance with the notice.
(2) If members of the public have given written comments about the
preliminary version in accordance with the notice, the draft variation submitted
to the Minister must be accompanied by a written certificate signed on behalf of
the company:
(a) listing the names of those members of the public; and
(b) summarising those comments; and
(c) stating that the company has had due regard to those comments in
preparing the draft variation; and
(d) setting out such other information (if any) about those comments as is
specified in the regulations.
(3) Subsection (2) does not, by implication, limit the matters to which
the company may have regard.
38 Paragraph 89(1)(n)
Omit “environmental” (wherever occurring), substitute
“environment”.
39 Paragraph 91(1)(k)
Omit “environmental”, substitute
“environment”.
40 After section 95
Insert:
(1) Before giving the Minister a draft variation of a major development
plan for an airport under subsection 95(1), the airport-lessee company for the
airport must:
(a) cause to be published in a newspaper circulating generally in the
State or Territory in which the airport is situated a notice:
(i) stating that the company has prepared a preliminary version of the
draft variation; and
(ii) stating that copies of the preliminary version will be available for
inspection and purchase by members of the public during normal office hours
throughout the period of 30 days after the publication of the notice;
and
(iii) specifying the place or places where the copies will be available
for inspection and purchase; and
(iv) inviting members of the public to give written comments about the
preliminary version to the company within 30 days after the publication of the
notice; and
(b) make copies of the preliminary version available for inspection and
purchase by members of the public in accordance with the notice.
(2) If members of the public have given written comments about the
preliminary version in accordance with the notice, the draft variation submitted
to the Minister must be accompanied by a written certificate signed on behalf of
the company:
(a) listing the names of those members of the public; and
(b) summarising those comments; and
(c) stating that the company has had due regard to those comments in
preparing the draft variation; and
(d) setting out such other information (if any) about those comments as is
specified in the regulations.
(3) Subsection (2) does not, by implication, limit the matters to which
the company may have regard.
41 Section 97 (2nd dot
point)
Omit “fit for occupancy or use”, substitute “complying
with the regulations”.
42 At the end of paragraph
100(2)(d)
Add “or”.
43 After paragraph
100(2)(d)
Insert:
(e) a standard made by, or by an authority of, the United States of
America; or
(f) a standard made by, or by an authority of, a member state of the
European Union;
44 Subdivision D of Division 5 of Part 5
(heading)
Repeal the heading, substitute:
45 Section 104
Repeal the section, substitute:
In this Subdivision:
certificate of compliance has the meaning given by section
107.
46 Paragraph 106(1)(c)
Omit “fitness”, substitute “compliance”.
Note: The heading to section 106 of the Airports Act
1996 is altered by omitting “fitness” and substituting
“compliance”.
47 Paragraph 106(1)(d)
After “fitness”, insert “for occupancy or
use”.
48 Paragraph 106(4)(c)
Omit “fitness”, substitute “compliance”.
49 Paragraph 106(4)(d)
After “fitness”, insert “for occupancy or
use”.
50 Paragraph 107(1)(a)
Repeal the paragraph, substitute:
(a) the issue of certificates (to be known as certificates of
compliance) stating that a building, structure, earthworks, engineering
works, electrical works, hydraulic works or eligible alteration is to be treated
as complying with the regulations;
Note: The heading to section 107 of the Airports Act
1996 is altered by omitting “fitness” and substituting
“compliance”.
51 Paragraphs 107(1)(b), (c), (d) and
(e)
Omit “fitness”, substitute “compliance”.
52 At the end of paragraph
107(2)(d)
Add “or”.
53 After paragraph
107(2)(d)
Insert:
(e) a standard made by, or by an authority of, the United States of
America; or
(f) a standard made by, or by an authority of, a member state of the
European Union;
54 Subsection 107(5)
Omit “fitness”, substitute “compliance”.
55 Section 108
Omit “fitness”, substitute “compliance”.
56 Subparagraph
109(1)(c)(i)
Omit “fitness”, substitute “compliance”.
57 Section 113 (after the 3rd dot
point)
Insert:
• It is an offence to cause environmental harm
at an airport site.
58 After subsection 130(1)
Insert:
(1A) If a final environment strategy is in force for an airport, a person
(other than the airport-lessee company for the airport) who carries on
activities at the airport must take all reasonable steps to ensure that the
strategy is complied with.
59 Subsections 130(2) and
(3)
After “(1)” (wherever occurring), insert “or
(1A)”.
60 At the end of section
130
Add:
(4) In addition to its effect apart from this subsection, subsection (1A)
also has the effect it would have if its application were, by express provision,
confined to constitutional corporations.
61 Before section 132
Insert:
This Division applies to:
(a) a core regulated airport; or
(b) an airport specified in the regulations;
if there is an airport lease for the airport.
(1) A person must not, by act or omission, directly or indirectly cause
environmental pollution that affects an area that consists of, or is included
in, an airport site if the pollution harms, or has the potential to harm, the
environment and:
(a) both:
(i) a final environment strategy is in force for the airport concerned;
and
(ii) the area is identified in the strategy as environmentally
significant; or
(b) the effect of the pollution is, or has the potential to be:
(i) of high impact; and
(ii) irreversible; or
(c) the pollution results, or has the potential to result, in substantial
harm to public health or to public safety; or
(d) the pollution results, or has the potential to result, in substantial
damage to property.
(2) If a person intentionally or recklessly contravenes subsection (1),
the person is guilty of an offence punishable on conviction by a fine not
exceeding 500 penalty units.
(3) Subsection (1) applies to an act or omission of a person, even if the
act or omission was not the sole cause of the pollution concerned.
(4) This section does not, by implication, limit section 132 or
133.
(5) A reference in this section to environmental pollution
includes a reference to air, water or soil pollution, but does not include a
reference to noise pollution.
(1) A person must not, by act or omission, directly or indirectly cause
environmental pollution that affects an area that consists of, or is included
in, an airport site if the pollution harms, or has the potential to harm, the
environment and:
(a) the effect of the pollution is, or has the potential to be, of
significant impact; or
(b) the pollution results, or has the potential to result, in harm to
public health or to public safety; or
(c) the pollution results, or has the potential to result, in damage to
property (other than minor damage).
(2) If a person intentionally or recklessly contravenes subsection (1),
the person is guilty of an offence punishable on conviction by a fine not
exceeding 200 penalty units.
(3) Subsection (1) applies to an act or omission of a person, even if the
act or omission was not the sole cause of the pollution concerned.
(4) This section does not, by implication, limit section 132 or
133.
(5) A reference in this section to environmental pollution
includes a reference to air, water or soil pollution, but does not include a
reference to noise pollution.
(1) A person must not, by act or omission, directly or indirectly cause
environmental pollution that affects an area that consists of, or is included
in, an airport site if the act or omission is not authorised by or under this
Act or another law of the Commonwealth and:
(a) the pollution takes the form of smoke, dust or odour; or
(b) the effect of the pollution is:
(i) of low impact; and
(ii) transient; or
(c) the effect of the pollution interferes unreasonably, or has the
potential to interfere unreasonably, with the enjoyment of the area by a person
occupying, or lawfully using, the area.
(2) If a person intentionally or recklessly contravenes subsection (1),
the person is guilty of an offence punishable on conviction by a fine not
exceeding 50 penalty units.
(3) Subsection (1) applies to an act or omission of a person, even if the
act or omission was not the sole cause of the pollution concerned.
(4) This section does not, by implication, limit section 132 or
133.
(5) A reference in this section to environmental pollution
includes a reference to air, water or soil pollution, but does not include a
reference to noise pollution.
(1) If a court acquits a person of an offence against section 131B but is
satisfied beyond reasonable doubt of facts that prove that the person is guilty
of an offence against section 131C or 131D, the court may convict the person of
the offence against section 131C or 131D.
(2) If a court acquits a person of an offence against section 131C but is
satisfied beyond reasonable doubt of facts that prove that the person is guilty
of an offence against section 131D, the court may convict the person of the
offence against section 131D.
62 Subsection 132(2)
Before “provision”, insert “particular”.
63 Section 132(2)
Omit “250 penalty units”, substitute “the number of
penalty units (not exceeding 250 penalty units) that is declared by those
regulations to be the maximum number of penalty units for a contravention of
that provision”.
64 After subsection 132(3)
Insert:
(3A) Regulations made for the purposes of subsection (1) may make
provision for or in relation to a matter by applying, adopting or incorporating
(with or without modification) any matter contained in a standard proposed or
approved by the Standards Association of Australia, being a standard as in force
or existing from time to time.
65 After paragraph
133(1)(a)
Insert:
(aa) monitoring, mitigating, remedying or rectifying contraventions of
section 131B, 131C or 131D; or
66 After subsection 133(3)
Insert:
(3A) Regulations made for the purposes of subsection (1) may make
provision for or in relation to a matter by applying, adopting or incorporating
(with or without modification) any matter contained in a standard proposed or
approved by the Standards Association of Australia, being a standard as in force
or existing from time to time.
(3B) To avoid doubt, regulations made for the purposes of paragraph (1)(a)
may make provision for and in relation to the monitoring, cleaning up, remedying
or rectifying, after the regulations take effect, of environmental pollution,
even if the environmental pollution was generated:
(a) before the commencement of this subsection; or
(b) before the regulations took effect.
67 Paragraph 134(1)(a)
Repeal the paragraph, substitute:
(a) a person has contravened:
(i) section 131B, 131C or 131D; or
(ii) regulations made for the purposes of section 132 or 133;
and
68 Paragraph 135(1)(a)
Repeal the paragraph, substitute:
(a) a person has contravened:
(i) section 131B, 131C or 131D; or
(ii) regulations made for the purposes of section 132 or 133;
and
69 Subsection 136(2)
After “referred to in”, insert “section 131B, 131C or
131D or”.
70 Subsection 136(2)
After “133(1)(a),”, insert “(aa),”.
71 Subsection 137(1)
Repeal the subsection, substitute:
(1) This section applies to the following provisions:
(a) section 131B, 131C or 131D;
(b) regulations made for the purposes of section 132 or 133.
72 Subsection 137(2)
Omit “regulations”, substitute
“provisions”.
73 After section 143
Insert:
(1) The ACCC may publish accounts and statements given to the ACCC under
section 143.
(2) The ACCC may charge fees for the supply of accounts and statements
published under subsection (1).
74 After section 145
Insert:
(1) The ACCC may publish reports given to the ACCC in accordance with a
requirement covered by subsection 145(1).
(2) The ACCC may charge fees for the supply of reports published under
subsection (1).
75 Subsection 147(1)
Omit “to a document”, substitute “if a document
is”.
76 At the end of section
147
Add:
(3) Section 43 of the Prices Surveillance Act 1983 has effect as if
the functions conferred on the ACCC by section 143A and 145A of this Act were
conferred instead by a provision of that Act.
Note: This allows the ACCC to publish accounts and
statements given to the ACCC under section 143 and to publish reports given to
the ACCC in accordance with a requirement covered by subsection
145(1).
77 Subsection 200(1)
Repeal the subsection, substitute:
(1) Before making a declaration under section 198 about an airport, the
Minister must cause to be published in the Gazette a notice:
(a) stating that the Minister is considering making a declaration under
section 198 about the airport; and
(b) inviting persons covered by any of the following subparagraphs to give
the Minister a submission about the proposed declaration within 30 days after
the publication of the notice:
(i) an airport-operator company for the airport;
(ii) a person specified in the regulations for the purposes of the
application of this subparagraph to the airport, being a person who represents
the interests of all of the aircraft operators who use the airport to operate
scheduled air services;
(iii) Airservices Australia;
(iv) the Civil Aviation Safety Authority.
78 Subsection 200(2)
Omit “company”, substitute “person”.
79 Subsection 202(1)
Repeal the subsection, substitute:
(1) Before making an instrument under section 201 relating to an airport,
the Minister must cause to be published in the Gazette a
notice:
(a) stating that the Minister is considering making an instrument under
section 201 relating to the airport; and
(b) inviting persons covered by any of the following subparagraphs to give
the Minister a submission about the proposed instrument within 30 days after the
publication of the notice:
(i) an airport-operator company for the airport;
(ii) a person specified in the regulations for the purposes of the
application of this subparagraph to the airport, being a person who represents
the interests of all of the aircraft operators who use the airport to operate
scheduled air services;
(iii) Airservices Australia;
(iv) the Civil Aviation Safety Authority.
80 Subsection 202(2)
Omit “company”, substitute “person”.
81 Paragraph 242(2)(c)
After “company”, insert “, an agreement or a
variation,”.
82 After paragraph
242(2)(g)
Insert:
(ga) a decision under section 233 (which deals with authorised officers
for the purposes of exercising monitoring powers);
83 Subsection 242(5)
Insert:
this Act does not include the regulations.
84 At the end of section
242
Add:
Regulations may provide for review of decisions by Administrative
Appeals Tribunal
(6) This section does not, by implication, prevent the regulations from
providing that applications may be made to the Administrative Appeals Tribunal
for review of decisions made in the exercise of powers conferred by the
regulations.
85 Paragraph 243(1)(c)
After “company”, insert “, an agreement or a
variation,”.
Airports
(Transitional) Act 1996
86 Subsection 30(3)
Omit “20 or 21”, substitute “21 or 22”.