CIVIL AVIATION LEGISLATION AMENDMENT (MUTUAL RECOGNITION WITH NEW ZEALAND) BILL 2005

i Civil Aviation Legislation Amendment (Mutual Recognition with New Zealand) Bill 2005

No. , 2005

Contents

Short title ......................................................................................1

Commencement .............................................................................1

Schedule(s)....................................................................................3

Schedule 1--Amendments related to mutual recognition with

New Zealand

Civil Aviation Act 1988

Civil Aviation (Carriers' Liability) Act 1959

Civil Aviation Legislation Amendment (Mutual Recognition with New Zealand) Bill 2005

No. , 2005 1

A Bill for an Act to amend the law relating to

aviation, and for related purposes

The Parliament of Australia enacts:

1 Short title

This Act may be cited as the Civil Aviation Legislation Amendment

(Mutual Recognition with New Zealand) Act 2005.

2 Commencement

(1) Each provision of this Act specified in column 1 of the table

commences, or is taken to have commenced, in accordance with

column 2 of the table. Any other statement in column 2 has effect

according to its terms.

2 Civil Aviation Legislation Amendment (Mutual Recognition with New Zealand) Bill

2005 No. , 2005

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1. Sections 1 to 3

and anything in

this Act not

elsewhere covered

by this table

The day on which this Act receives the

Royal Assent.

2. Schedule 1,

items 1 to 19

A single day to be fixed by Proclamation.

3. Schedule 1,

item 20

The later of:

(a) immediately after the commencement of

the provision(s) covered by table item 2;

and

(b) immediately after the commencement of

item 10 of Schedule 2 to the Civil

Aviation Amendment Act 2005.

However, the provision(s) do not commence

at all if the event mentioned in

paragraph (b) does not occur.

4. Schedule 1,

items 21 to 28

At the same time as the provision(s) covered

by table item 2.

5. Schedule 1,

items 29 to 31

The later of:

(a) immediately after the commencement of

the provision(s) covered by table item 2;

and

(b) immediately after the commencement of

item 10 of Schedule 2 to the Civil

Aviation Amendment Act 2005.

However, the provision(s) do not commence

at all if the event mentioned in

paragraph (b) does not occur.

6. Schedule 1,

items 32 to 40

At the same time as the provision(s) covered

by table item 2.

Note:

This table relates only to the provisions of this Act as originally

passed by the Parliament and assented to. It will not be expanded to

deal with provisions inserted in this Act after assent.

Civil Aviation Legislation Amendment (Mutual Recognition with New Zealand) Bill 2005

No. , 2005 3

(2) Column 3 of the table contains additional information that is not

part of this Act. Information in this column may be added to or

edited in any published version of this Act.

3 Schedule(s)

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.

Schedule 1 Amendments related to mutual recognition with New Zealand

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2005 No. , 2005

Schedule 1--Amendments related to mutual

recognition with New Zealand

Civil Aviation Act 1988

1 Subsection 3(1)

Insert:

ANZA is short for Australia New Zealand Aviation.

2 Subsection 3(1)

Insert:

ANZA activities in Australian territory, in relation to a New

Zealand AOC with ANZA privileges, means the operations in, or

flights into or out of, Australian territory that are authorised by the

AOC, to the extent that it is expressed to be issued under

section 11G of the Civil Aviation Act 1990 of New Zealand.

3 Subsection 3(1)

Insert:

ANZA activities in New Zealand, in relation to an Australian AOC

with ANZA privileges, means the operations in, or flights into or

out of, New Zealand that are authorised by the AOC, to the extent

that it is expressed to be issued for the purposes of the ANZA

mutual recognition agreements.

4 Subsection 3(1)

Insert:

ANZA mutual recognition agreements means the agreement or

arrangement, or agreements or arrangements, as amended and in

force from time to time, identified in regulations made for the

purposes of this definition.

5 Subsection 3(1) (at the end of the definition of AOC)

Add:

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Note:

In some provisions AOC is used in the context of a New Zealand

AOC with ANZA privileges (which is a document granted under the

Civil Aviation Act 1990 of New Zealand).

6 Subsection 3(1)

Insert:

Australian AOC with ANZA privileges means an AOC that is

expressed, wholly or partly, to be issued for the purposes of the

ANZA mutual recognition agreements (see subsections 27(2AA) to

(2AC)).

7 Subsection 3(1)

Insert:

Australian temporary stop notice has the meaning given by

subsection 28D(1).

8 Subsection 3(1)

Insert:

CAA New Zealand means the Civil Aviation Authority established

by the Civil Aviation Act 1990 of New Zealand, or any successor to

that Authority.

9 Subsection 3(1)

Insert:

Director of CAA New Zealand has the same meaning as Director

has in the Civil Aviation Act 1990 of New Zealand.

10 Subsection 3(1)

Insert:

in force for Australia, in relation to a New Zealand AOC with

ANZA privileges, has the meaning given by section 3AA.

11 Subsection 3(1)

Insert:

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New Zealand has the same meaning as in the Interpretation Act

1999 of New Zealand.

12 Subsection 3(1)

Insert:

New Zealand AOC with ANZA privileges has the same meaning as

in section 2 of the Civil Aviation Act 1990 of New Zealand.

13 Subsection 3(1)

Insert:

New Zealand temporary stop notice has the same meaning as in

section 2 of the Civil Aviation Act 1990 of New Zealand.

14 After section 3

Insert:

3AA When a New Zealand AOC with ANZA privileges is in force for

Australia

(1) For the purposes of this Act, a New Zealand AOC with ANZA

privileges is in force for Australia if the AOC:

(a) is current under the Civil Aviation Act 1990 of New Zealand;

and

(b) has come into force for Australia under subsection 28C(1) of

this Act.

(2) However, while an Australian temporary stop notice is in force in

relation to particular activities authorised by a New Zealand AOC

with ANZA privileges, the AOC is not in force for Australia in

relation to those activities.

15 At the end of section 7

Add:

; and (c) ANZA activities in New Zealand authorised by Australian

AOCs with ANZA privileges.

16 After paragraph 9(1)(b)

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Insert:

(ba) ANZA activities in New Zealand authorised by Australian

AOCs with ANZA privileges;

17 Before paragraph 9(3)(a)

Insert:

(aa) implementing the ANZA mutual recognition agreements;

18 At the end of subsection 26(2)

Add:

; or (e) as authorised by a New Zealand AOC with ANZA privileges

that is in force for Australia (but only so far as it authorises

ANZA activities in Australian territory).

Note:

For when a New Zealand AOC with ANZA privileges is in force for

Australia, see section 3AA.

19 After Division 1 of Part III

Insert:

Division 1A--General provisions about mutual recognition

under the ANZA mutual recognition agreements

26A Guide to how this Act deals with mutual recognition between

Australia and New Zealand

(1) This Division contains various general provisions relating to mutual

recognition under the ANZA mutual recognition agreements.

(2) Other provisions of this Act also deal with mutual recognition under

the ANZA mutual recognition agreements, as set out in the table

below.

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2005 No. , 2005

Outline of other provisions of this Act that deal with mutual recognition

Item For provisions concerning...

See...

New Zealand AOCs that will be

recognised in Australia (known as

New Zealand AOCs with ANZA

privileges)

(a) section 3AA (when a New Zealand

AOC with ANZA privileges is in

force for Australia); and

(b) paragraph 26(2)(e) and subsection

27(2) (operating in Australia under

such an AOC); and

to provide certain documents and

information to CASA); and

(d) sections 28D and 28E (the

Director's power to issue and revoke

Australian temporary stop notices);

and

(e) section 28G (disapplying

regulations that would otherwise

apply to the holder of a New

Zealand AOC with ANZA

privileges).

Australian AOCs that will be

recognised in New Zealand (known

as Australian AOCs with ANZA

privileges)

(a) paragraph 7(c) (extension of Act to

New Zealand activities); and

(b) paragraph 9(1)(ba) (CASA's safety

regulation role in relation to New

Zealand activities); and

(CASA's power to issue Australian

AOCs with ANZA privileges); and

(d) paragraph 28(1)(e) and section 28B

(additional conditions for issue of

such AOCs); and

(e) subsection 28BD(2) (holders of such

AOCs to comply with New Zealand

law); and

(f) section 28F (CASA's obligations in

response to a New Zealand

temporary stop notice).

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Outline of other provisions of this Act that deal with mutual recognition

Item For provisions concerning...

See...

Other aspects of mutual

recognition

(a) subsection 3(1) (definitions of key

terms); and

(b) paragraph 9(3)(aa) (CASA's role in

implementing the ANZA mutual

recognition agreements); and

compliance with New Zealand law).

26B Disclosure of information by CASA to the Director of CAA New

Zealand

(1) CASA may disclose information (including personal information) to

the Director of CAA New Zealand for a purpose connected with the

ANZA mutual recognition agreements.

(2) In this section:

personal information has the same meaning as in section 6 of the

Privacy Act 1988.

26C Obligation to consult Director of CAA New Zealand before

taking certain actions

Before taking any action under this Act or the regulations that

would or might affect the ANZA activities in New Zealand that an

Australian AOC with ANZA privileges authorises, CASA must:

(a) if required by the ANZA mutual recognition agreements,

consult the Director of CAA New Zealand; and

(b) carry out the consultation in accordance with the ANZA

mutual recognition agreements.

26D Delegation of Australian powers to employees of CAA New

Zealand

(1) The Director may, in writing, delegate all or any of CASA's powers

under this Act, other than Part IIIA, to an employee of CAA New

Zealand for the purposes of the ANZA mutual recognition

agreements.

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(2) A delegate is, in the exercise of a power delegated under

subsection (1), subject to the directions of the Director.

26E Delegation of New Zealand powers and functions to CASA

officers

(1) Subject to subsection (2), an officer may exercise powers or

perform functions delegated to the officer under the Civil Aviation

Act 1990 of New Zealand, but only so far as they relate to New

Zealand AOCs with ANZA privileges.

(2) Subsection (1) does not apply to powers or functions conferred by

section 15, 21 or 24 of the Civil Aviation Act 1990 of New

Zealand.

20 Subsection 26A(2) (after paragraph (d) in the cell at table

item 2, column headed "See...")

Insert:

(da) subsection 28BAA(2) (making

certain additional conditions for

issue of Australian AOCs with

ANZA privileges have effect as

ongoing conditions); and

21 Subsection 27(2)

After "AOC", insert ", by a New Zealand AOC with ANZA privileges

that is in force for Australia (but only so far as it authorises ANZA

activities in Australian territory)".

22 At the end of subsection 27(2)

Add:

Note:

For when a New Zealand AOC with ANZA privileges is in force for

Australia, see section 3AA.

23 After subsection 27(2)

Insert:

(2AA) For the purpose of the ANZA mutual recognition agreements,

CASA may issue an AOC that authorises aircraft to operate in, or

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fly into or out of, New Zealand, but only if the AOC also authorises

aircraft to operate in, or fly into or out of, Australian territory.

Note:

The kind of operations authorised by the AOC in New Zealand need

not be the same kind of operations as are authorised by the AOC in

Australian territory.

(2AB) Subsection (2AA) is not intended to limit the circumstances in

which CASA may, otherwise than for the purpose of the ANZA

mutual recognition agreements, issue an AOC that covers matters

referred to in that subsection.

(2AC) An AOC that is, to an extent (whether wholly or partly), issued for

the purpose of the ANZA mutual recognition agreements, must be

expressed to be issued for that purpose to that extent.

24 At the end of section 27

Add:

(10) For the purpose of subsection (2A) as it applies to an Australian

AOC with ANZA privileges, a foreign registered aircraft does not

include an aircraft registered in New Zealand.

25 Subsection 27AE(4) (definition of foreign aircraft AOC)

Repeal the definition, substitute:

foreign aircraft AOC means:

(a) an AOC (other than an Australian AOC with ANZA

privileges) authorising the operation of a foreign registered

aircraft on flights that are not regulated domestic flights; or

(b) an Australian AOC with ANZA privileges authorising the

operation of a foreign registered aircraft, other than an aircraft

registered in New Zealand, on flights that are not regulated

domestic flights.

26 Paragraph 28(1)(c)

Repeal the paragraph, substitute:

(i) an AOC (other than an Australian AOC with ANZA

privileges) authorising the operation of a foreign

registered aircraft on regulated domestic flights; or

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(ii) an Australian AOC with ANZA privileges authorising

the operation of a foreign registered aircraft, other than

an aircraft registered in New Zealand, on regulated

domestic flights;

CASA is also satisfied that the additional conditions in

section 28A are satisfied; and

27 At the end of subsection 28(1)

Add:

(d) CASA is satisfied that the person does not hold a New

Zealand AOC with ANZA privileges that covers all or any of

the AOC operations; and

(e) if the AOC sought is an Australian AOC with ANZA

privileges--the additional conditions in section 28B are

satisfied.

28 At the end of Subdivision D of Division 2 of Part III

Add:

28B Additional conditions for issue of an Australian AOC with

ANZA privileges

(1) The additional conditions that must be satisfied for the purposes of

paragraph 28(1)(e) are:

(a) that CASA is satisfied that the applicant does not hold an

aviation document granted by the Director of CAA New

Zealand that authorises the applicant to conduct all or any of

the ANZA activities in New Zealand that the AOC will

authorise; and

(b) that the Secretary of the Department has advised CASA that,

having regard to the ANZA mutual recognition agreements,

the applicant is eligible for consideration for an Australian

AOC with ANZA privileges; and

capable of complying, with the provisions of the Civil

Aviation Act 1990 of New Zealand, and the regulations and

rules made under that Act, that will apply to the applicant in

relation to the ANZA activities in New Zealand that the AOC

will authorise; and

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(d) that CASA is satisfied that it will be able to effectively

regulate all the operations covered by the application, having

regard to the following matters:

(i) whether the applicant's supervision of systems that affect

the safety of the operations will be principally

undertaken from or within Australian territory; and

(ii) whether the applicant's training and supervision of

employees involved in those systems will be undertaken

principally from or within Australian territory; and

(iii) whether the majority of the resources used in those

systems that are required for the operations will be

situated within Australian territory; and

(iv) whether the persons who will control the operations will

spend the majority of their time in Australian territory;

and

(e) any applicable additional conditions set out in regulations.

(2) CASA must consult the Director of CAA New Zealand about

whether the conditions referred to in subsection (1) (other than

paragraph (1)(b)) are satisfied.

29 Paragraph 28BA(1)(aa)

Omit "condition", substitute "conditions".

30 Section 28BAA

Before "An", insert "(1)".

31 At the end of section 28BAA

Add:

(2) If the AOC is an Australian AOC with ANZA privileges, the AOC

also has effect subject to the conditions that:

(a) CASA remains satisfied as mentioned in paragraphs

28B(1)(a), (c) and (d) in relation to the ANZA activities in

New Zealand that the AOC authorises; and

(b) the Secretary of the Department does not advise CASA that,

having regard to the ANZA mutual recognition agreements,

the holder of the AOC is no longer eligible to hold an

Australian AOC with ANZA privileges.

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32 Section 28BD

Before "The", insert "(1)".

33 At the end of section 28BD

Add:

(2) The holder of an Australian AOC with ANZA privileges must

comply with all requirements of the Civil Aviation Act 1990 of New

Zealand, and of the regulations and rules under that Act, that apply

to the holder in relation to the ANZA activities in New Zealand

authorised by the AOC.

34 At the end of Division 2 of Part III

Add:

Subdivision F--Other provisions relating to Australian and New

Zealand AOCs with ANZA privileges

28C Certain documents and information to be given to CASA by

holder of New Zealand AOC with ANZA privileges

(1) A New Zealand AOC with ANZA privileges comes into force for

Australia when the holder gives CASA:

(a) a copy of the AOC; and

(b) written notice of the following:

(i) details of all conditions imposed by the Director of CAA

New Zealand in relation to the AOC;

(ii) the holder's New Zealand contact details, including

business address, telephone number, fax number (if any),

and e-mail address (if any);

(iii) the holder's Australian contact details, including

business address, telephone number, fax number (if any),

and e-mail address (if any);

(iv) any other information required by the regulations.

Note:

Sections 137.1 and 137.2 of the Criminal Code create offences for

providing false or misleading information or documents.

(2) If the AOC is varied after it has come into force for Australia, the

holder must give CASA a copy of the varied AOC by the end of 7

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days after the day on which the holder receives the varied AOC or a

copy of it.

Penalty: 2 penalty units.

Note 1:

Section 137.2 of the Criminal Code creates an offence for providing

false or misleading documents.

Note 2:

The obligation to give CASA a copy of the varied AOC is a

continuing obligation and the holder is guilty of an offence for each

day, after the 7 day period, until the copy is given to CASA (see

section 4K of the Crimes Act 1914).

(3) If, after the AOC has come into force for Australia, there is a

change to:

(a) what ANZA activities in Australia are authorised by the

AOC; or

(b) any information previously provided by the holder under

subsection (1) or this subsection;

the holder must give CASA written notice of the change by the end

of 7 days after the day on which the change occurs.

Penalty: 2 penalty units.

Note 1:

Section 137.1 of the Criminal Code creates an offence for providing

false or misleading information.

Note 2:

The obligation to notify CASA of a change is a continuing obligation

and the holder is guilty of an offence for each day, after the 7 day

period, until written notice of the change is given to CASA (see

section 4K of the Crimes Act 1914).

(4) Subsections (2) and (3) are offences of strict liability.

Note:

For strict liability, see section 6.1 of the Criminal Code.

28D Director's power to give an Australian temporary stop notice to

holder of New Zealand AOC with ANZA privileges

(1) The Director may give the holder of a New Zealand AOC with

ANZA privileges a notice (an Australian temporary stop notice)

that requires the holder to cease conducting all or any of the ANZA

activities in Australian territory that the AOC authorises for the

period (which must not be more than 7 days) specified in the notice.

Note:

Section 11J of the Civil Aviation Act 1990 of New Zealand obliges

the Director of CAA New Zealand to consider what action to take in

response to a notice under this subsection.

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(2) The Director may issue the notice only if he or she considers that

the conduct of the activities to which the notice will apply

constitutes a serious risk to civil aviation safety in Australian

territory.

(3) Subject to section 28E, the notice comes into force when it is given

to the holder and remains in force for the period specified in the

notice.

(4) The notice must state the facts and circumstances which, in the

Director's opinion, give rise to the serious risk to civil aviation

safety in Australian territory.

(5) The Director must give a copy of the notice to the Director of CAA

New Zealand as soon as practicable after the Director of CASA

gives the notice to the holder.

(6) A failure to comply with subsection (4) or (5) does not invalidate

the notice.

(7) The Director may not delegate the power to give an Australian

temporary stop notice.

28E Revocation of an Australian temporary stop notice

(1) The Director may revoke an Australian temporary stop notice by

notice in writing to the holder of the relevant New Zealand AOC

with ANZA privileges.

(2) The Director must revoke an Australian temporary stop notice if,

while the notice is in force, CASA receives notice from the Director

of CAA New Zealand of that Director's decision in response to the

Australian temporary stop notice, whether or not the decision is to

take action.

(3) The Director may not delegate the power to revoke an Australian

temporary stop notice.

28F CASA's obligation on receiving copy of a New Zealand

temporary stop notice

(1) If the Director of CAA New Zealand gives CASA a copy of a New

Zealand temporary stop notice that relates to a particular Australian

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AOC with ANZA privileges, CASA must consider the notice

immediately and decide, as soon as is practicable, what action (if

any) to take under this Act or the regulations in relation to the AOC

or the holder of the AOC.

(2) In deciding what action to take, CASA must comply with the ANZA

mutual recognition agreements.

(3) CASA must notify the Director of CAA New Zealand of its

decision, and if its decision is to take action, what that action is.

Note:

CASA must consult the Director of CAA New Zealand if CASA

proposes to take action that would or might affect ANZA activities in

New Zealand (see section 26C).

28G Disapplying regulations that would otherwise apply to the

holder of a New Zealand AOC with ANZA privileges

(1) The regulations may provide that specified regulations made under

this Act do not apply in relation to all or specified ANZA activities

in Australian territory authorised by a New Zealand AOC with

ANZA privileges.

(2) Without limiting subsection (1), regulations made for the purposes

of that subsection may provide that specified regulations made

under this Act do not apply in relation to an aircraft while it is being

operated under a New Zealand AOC with ANZA privileges.

35 After subsection 32AC(1)

Insert:

(1A) Powers under subsection (1) can only be exercised for the purpose

of finding out whether legislation referred to in paragraph (b) of the

definition of relevant legislation in subsection (2) is being complied

with if a request has been made to CASA, in accordance with the

ANZA mutual recognition agreements, for the exercise of powers

under this Part in relation to that legislation.

36 Subsection 32AC(2) (definition of relevant legislation)

Repeal the definition, substitute:

relevant legislation means:

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(a) this Act, the regulations and the Civil Aviation Orders; and

(b) the Civil Aviation Act 1990 of New Zealand, and the

regulations and rules made under that Act.

37 After subsection 32AD(1)

Insert:

(1A) An application under subsection (1) can only be made for the

purpose of finding out whether legislation referred to in

paragraph (b) of the definition of relevant legislation in subsection

32AC(2) is being complied with if a request has been made to

CASA, in accordance with the ANZA mutual recognition

agreements, for the exercise of powers under this Part in relation to

that legislation.

38 After subsection 98(3)

Insert:

(3AA) Despite the ANZA mutual recognition agreements, the regulations

cannot allow for the mutual recognition of ANZA safety

certifications (other than AOCs) between Australia and New

Zealand. For this purpose, an ANZA safety certification is:

(a) a civil aviation authorisation; or

(b) an aviation document, within the meaning of the Civil

Aviation Act 1990 of New Zealand.

(3AB) Subsection (3AA) does not prevent the making of regulations for

purposes connected with the Trans-Tasman Mutual Recognition

Act 1997.

Civil Aviation (Carriers' Liability) Act 1959

39 Subsection 26(1) (at the end of the definition of airline

licence)

Add:

; or (c) a New Zealand AOC with ANZA privileges (as defined in

section 3 of the Civil Aviation Act 1988) authorising airline

operations.

Commonwealth of Australia Bills

CIVIL AVIATION LEGISLATION AMENDMENT (MUTUAL RECOGNITION WITH NEW ZEALAND) BILL 2005