AIR SERVICES ACT 1995 - NOTES
AIR SERVICES ACT 1995 - NOTES
No. 81, 1995
Compilation No. 31
Compilation date: 1 July 2016
Includes amendments up to: Act No. 59, 2015
Registered: 8 July 2016
About this compilation
This compilation
This is a compilation of the Air Services Act 1995 that shows the text of the law as amended and in force on 1 July 2016 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.
Self-repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
Part 1--Preliminary
1 Short title
2 Commencement
3 Interpretation
4 Act binds the Crown
5 Extension to external Territories
6 Extra-territorial application
6A Application of the Criminal Code
Part 2--Establishment, functions and powers of Airservices Australia (AA)
Division 1--Establishment of AA
7 Establishment of AA
Division 2--AA's functions and powers
8 AA's functions
9 Manner in which AA must perform its functions
10 AA must consult and cooperate
11 AA's general powers
12 Delegation of AA's powers by Chief Executive Officer
Division 3--Miscellaneous
13 Matters to be considered in preparation of corporate plan
14 Minister may direct variation of corporate plan
15 Tabling of corporate plan
16 Ministerial directions to AA
17 Minister may give notices to AA about its strategic direction etc.
18 Supply of information to Minister's nominee
19 Immunity of AA from State and Territory land use laws
Part 3--Board of AA
Division 1--Establishment and functions
20 Establishment
21 Functions
22 Membership
23 Delegation by Board
Division 2--Meetings etc.
24 Meetings
25 Procedure at meetings
26 Board resolutions without meetings
Division 3--Administrative provisions
27 Period of appointment of appointed members
28 Remuneration and allowances of appointed members
29 Outside employment
30 Leave of absence
31 Resignation of appointed members
32 Termination of appointment of appointed members
33 Acting appointments
Part 4--Chief Executive Officer, employees and consultants
Division 1--Chief Executive Officer
34 Appointment
35 Duties
36 Remuneration and allowances
37 Outside employment
38 Leave of absence
39 Resignation
40 Termination of appointment
41 Acting Chief Executive Officer
Division 2--Employees and consultants
42 Employees
43 Consultants
Part 5--Finance
Division 1--General
44 AA's capital
45 Revaluation of assets
46 Payments of dividends by AA to the Commonwealth
47 Interim dividends
48 Borrowing by AA from the Commonwealth
49 AA may give security over its assets
50 Hedging through currency contracts etc.
51 Extra matters to be included in annual report
Division 2--Taxation matters
52 Liability to taxes etc.
Division 3--Services charges for AA services and facilities
53 Board can set charges for services and facilities
54 Minister's role in setting service charges and late payment penalties
55 Procedure if Part VIIA of the Competition and Consumer Act applies
56 Penalty for late payment of service charge
57 Recovery of service charge and late payment penalty
58 Remission of service charge and late payment penalty
Division 4--Statutory lien for unpaid service charges etc.
Subdivision A--Imposition of statutory lien
59 Imposition of statutory lien
60 Effect of statutory lien
61 Limitations on scope of statutory lien
62 Cessation of statutory lien
63 Notice relating to statutory lien
64 Register of statutory liens
Subdivision B--Seizure and sale of aircraft
65 Seizure of aircraft
66 AA must insure seized aircraft
67 Sale of aircraft
68 Application of proceeds of sale
69 Order of application of payments of outstanding amounts
Subdivision C--Interference with aircraft under statutory lien
70 Removal from Australian territory of aircraft under statutory lien
71 Dismantling etc. aircraft under statutory lien
Subdivision D--Miscellaneous
72 Protection of AA etc. from legal actions
73 Review of decisions
Part 6--Miscellaneous
74 Tabling of directions or notices of the Minister
76 Conduct by directors, servants and agents
77 Power to make regulations
Endnotes
Endnote 1--About the endnotes
Endnote 2--Abbreviation key
Endnote 3--Legislation history
Endnote 4--Amendment history
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1--About the endnotes
Endnote 2--Abbreviation key
Endnote 3--Legislation history
Endnote 4--Amendment history
Abbreviation key--Endnote 2
The abbreviation key sets out abbreviations that may be used in the endnotes.
Legislation history and amendment history--Endnotes 3 and 4
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.
Editorial changes
The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.
If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.
Misdescribed amendments
A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation "(md)" added to the details of the amendment included in the amendment history.
If a misdescribed amendment cannot be given effect as intended, the abbreviation "(md not incorp)" is added to the details of the amendment included in the amendment history.
ad = added or inserted | o = order(s) |
am = amended | Ord = Ordinance |
amdt = amendment | orig = original |
c = clause(s) | par = paragraph(s)/subparagraph(s) |
C[x] = Compilation No. x | /sub-subparagraph(s) |
Ch = Chapter(s) | pres = present |
def = definition(s) | prev = previous |
Dict = Dictionary | (prev ... ) = previously |
disallowed = disallowed by Parliament | Pt = Part(s) |
Div = Division(s) | r = regulation(s)/rule(s) |
ed = editorial change | reloc = relocated |
exp = expires/expired or ceases/ceased to have | renum = renumbered |
effect | rep = repealed |
F = Federal Register of Legislation | rs = repealed and substituted |
gaz = gazette | s = section(s)/subsection(s) |
LA = Legislation Act 2003 | Sch = Schedule(s) |
Sdiv = Subdivision(s) | |
(md) = misdescribed amendment can be given | SLI = Select Legislative Instrument |
effect | SR = Statutory Rules |
(md not incorp) = misdescribed amendment | Sub-Ch = Sub-Chapter(s) |
cannot be given effect | SubPt = Subpart(s) |
mod = modified/modification | underlining = whole or part not |
No. = Number(s) | commenced or to be commenced |
Endnote 3--Legislation history
Act | Number and year | Assent | Commencement | Application, saving and transitional provisions |
81, 1995 | 30 June 1995 | ss. 13, 14, 16(6), notes to s. 17(3), (4), s. 32(2)(d), (5)(b) and 51: 1 Jan 1998 |
| |
Transport Legislation Amendment (Search and Rescue Service) Act 1997 | 130, 1997 | 17 Sept 1997 | Schedule 2 (items 1-5): 1 Nov 1997 (see Gazette 1997, No. S438) | -- |
152, 1997 | 24 Oct 1997 | Schedule 2 (item 153): 1 Jan 1998 (see s. 2(2) and Gazette 1997, No. GN49) | -- | |
95, 1998 | 23 July 1998 | Schedule 3: Royal Assent | -- | |
Public Employment (Consequential and Transitional) Amendment Act 1999 | 146, 1999 | 11 Nov 1999 | Schedule 1 (item 85): 5 Dec 1999 (see s. 2(1), (2) and Gazette 1999, No. S584) | -- |
Corporations (Repeals, Consequentials and Transitionals) Act 2001 | 55, 2001 | 28 June 2001 | ss. 4-14 and Schedule 3 (item 27): 15 July 2001 (see s. 2(3) and Gazette 2001, No. S285) | |
Transport and Regional Services Legislation Amendment (Application of Criminal Code) Act 2001 | 143, 2001 | 1 Oct 2001 | s. 4 and Schedule 3 (items 33-38): 2 Oct 2001 | s. 4 |
Transport Safety Investigation (Consequential Amendments) Act 2003 | 19, 2003 | 11 Apr 2003 | Schedule 1 (item 3): 1 July 2003 (s 2(1) item 2) | -- |
83, 2003 | 6 Sept 2003 | Schedule 4: Royal Assent | -- | |
134, 2003 | 17 Dec 2003 | Schedule 2 (items 13-18): 1 Mar 2004 (see Gazette 2004, No. GN8) | -- | |
Aviation Transport Security (Consequential Amendments and Transitional Provisions) Act 2004 | 9, 2004 | 10 Mar 2004 | Schedule 2 (item 1) and Schedule 3: 10 Mar 2005 (see s. 2(1)) | Sch. 3 (am. by 149, 2004, Sch. 2 [item 2]) |
as amended by |
|
|
|
|
149, 2004 | 14 Dec 2004 | Schedule 2 (item 2): 10 Mar 2005 (s 2(1) item 3) | Sch. 2 (item 3) | |
Tax Laws Amendment (Repeal of Inoperative Provisions) Act 2006 | 101, 2006 | 14 Sept 2006 | Schedule 2 (item 4) and Schedule 6 (items 1, 6-11): Royal Assent | Sch. 6 (items 1, 6-11) |
39, 2007 | 30 Mar 2007 | Schedule 2 (items 1-3): Royal Assent | Sch. 3 | |
20, 2009 | 26 Mar 2009 | Schedule 1 (item 68): 1 July 2009 | -- | |
33, 2009 | 22 May 2009 | Schedule 2 (item 2): 23 May 2009 | -- | |
Personal Property Securities (Consequential Amendments) Act 2009 | 131, 2009 | 14 Dec 2009 | Schedule 5 (items 1-4): 30 Jan 2012 (see F2011L02397) | Sch. 5 (item 4) |
Trade Practices Amendment (Australian Consumer Law) Act (No. 2) 2010 | 103, 2010 | 13 July 2010 | Schedule 6 (items 1, 18-20): 1 Jan 2011 | -- |
5, 2011 | 22 Mar 2011 | Schedule 5 (items 6-9): 19 Apr 2011 | -- | |
46, 2011 | 27 June 2011 | Schedule 2 (items 61-64) and Schedule 3 (items 10, 11): 27 Dec 2011 | Sch. 3 (items 10, 11) | |
136, 2012 | 22 Sept 2012 | Schedule 1 (item 11): Royal Assent | -- | |
92, 2013 | 28 June 2013 | Sch 1 (items 1, 2): 1 Sept 2015 (s 2(1) item 2) | -- | |
62, 2014 | 30 June 2014 | Sch 7 (items 98-112) and Sch 14: 1 July 2014 (s 2(1) item s 6, 14) | Sch 14 | |
as amended by |
|
|
|
|
Public Governance and Resources Legislation Amendment Act (No. 1) 2015 | 36, 2015 | 13 Apr 2015 | Sch 7 | |
as amended by |
|
|
|
|
Acts and Instruments (Framework Reform) (Consequential Provisions) Act 2015 | 126, 2015 | 10 Sept 2015 | Sch 1 (item 486): 5 Mar 2016 (s 2(1) item 2) | -- |
Acts and Instruments (Framework Reform) (Consequential Provisions) Act 2015 | 126, 2015 | 10 Sept 2015 | Sch 1 (item 495): 5 Mar 2016 (s 2(1) item 2) | -- |
Public Governance and Resources Legislation Amendment Act (No. 1) 2015 | 36, 2015 | 13 Apr 2015 | Sch 6 (items 1, 2) and Sch 7: 14 Apr 2015 (s 2) | Sch 7 |
as amended by |
|
|
|
|
Acts and Instruments (Framework Reform) (Consequential Provisions) Act 2015 | 126, 2015 | 10 Sept 2015 | Sch 1 (item 486): 5 Mar 2016 (s 2(1) item 2) | -- |
Customs and Other Legislation Amendment (Australian Border Force) Act 2015 | 41, 2015 | 20 May 2015 | Sch 5 (item 1) and Sch 9: 1 July 2015 (s 2(1) items 2, 7) | Sch 9 |
59, 2015 | 26 May 2015 | Sch 2 (item 50): 1 July 2016 (s 2(1) item 5) | Sch 2 (items 356-396) |
Provision affected | How affected |
Part 1 |
|
s 2 ..................... | am No 152, 1997 |
s 3 ..................... | am No 55, 2001; No 33, 2009; No 5, 2011; No 62, 2014; No 41, 2015 |
s 4..................... | am No 59, 2015 |
s 6A .................... | ad No 143, 2001 |
Part 2 |
|
Division 1 |
|
s 7..................... | am No 152, 1997 |
| rs No 62, 2014 |
Division 2 |
|
s 8..................... | am No 130, 1997; No 95, 1998; No 19, 2003; No 83, 2003; No 9, 2004; No 20, 2009; No 136, 2012 |
Division 3 |
|
s 13 .................... | am No 152, 1997; No 62, 2014 |
s 16 .................... | am No 152, 1997; No 62, 2014 |
s 17.................... | am No 152, 1997; No 62, 2014 |
s 18.................... | am No 62, 2014 |
s 19 .................... | am No 39, 2007 |
Part 3 |
|
Division 3 |
|
s 30.................... | am No 146, 1999 |
s 32 .................... | am No 152, 1997; No 62, 2014 |
s 33.................... | am No 46, 2011 |
Part 4 |
|
Division 1 |
|
s 40.................... | am No 62, 2014 |
s 41.................... | am No 46, 2011 |
Part 5 |
|
Division 1 |
|
s 44.................... | am No 5, 2011 |
s 45.................... | am No 5, 2011 |
s 48.................... | am No 5, 2011 |
s 50.................... | am No 36, 2015 |
s 51 .................... | am No 152, 1997 |
| rs No 62, 2014 |
Division 2 |
|
s 52.................... | am No 101, 2006 |
Division 3 |
|
s 55.................... | am No 134, 2003; No 103, 2010 |
Division 4 |
|
Subdivision A |
|
s 60.................... | am No 131, 2009; No 92, 2013 |
Subdivision C |
|
s 70.................... | am No 143, 2001 |
s 71.................... | am No 143, 2001 |
Part 6 |
|
s 76 .................... | am No 143, 2001 |
s 77.................... | am No 130, 1997; No 39, 2007 |