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AIR SERVICES ACT 1995 - SECT 3

Interpretation

             (1)  In this Act, unless the contrary intention appears:

"AA " means the body called Airservices Australia that is established by this Act.

"aircraft " means any machine or craft that can derive support in the atmosphere from the reactions of the air and, in Division 4 of Part 5, includes an object that was designed or adapted for use as an aircraft but is incapable of being so used because:

                     (a)  a part has, or parts have, been removed from it; or

                     (b)  it is in a wrecked or damaged condition.

"appointed member " means a member of the Board who is appointed by the Minister under subsection 22(2).

"Australian-administered airspace " means:

                     (a)  the airspace over Australian territory; and

                     (b)  airspace that has been allocated to Australia by ICAO under the Chicago Convention and for which Australia has accepted responsibility; and

                     (c)  airspace administered by Australia at the request of another country.

"Australian aircraft " means an aircraft registered in Australia.

"Australian territory " means:

                     (a)  the territory of Australia and of every external Territory; and

                     (b)  the territorial sea of Australia and of every external Territory; and

                     (c)  the air space over any such territory or sea.

"authorised employee " means an employee authorised by AA in writing to act under the provision in which the expression occurs.

"authority of the Commonwealth " includes the following:

                     (a)  the Defence Force;

                     (c)  the Australian Federal Police;

                     (d)  a body, whether incorporated or not, established for a public purpose by or under a law of the Commonwealth or of a Territory;

                     (e)  the holder of an office established for a public purpose by or under a law of the Commonwealth or of a Territory;

                      (f)  a company in which the Commonwealth owns shares that carry more than half the voting power;

but does not include Qantas Airways Limited.

"Board " means the Board of AA.

"CASA " means the Civil Aviation Safety Authority established by the Civil Aviation Act 1988 .

"Chairperson " means the Chairperson of the Board.

"Chicago Convention " means:

                     (a)  the Convention on International Civil Aviation done at Chicago on 7 December 1944, whose English text is set out in Schedule 1 to the Air Navigation Act 1920 ; and

                     (b)  the Protocols amending that Convention, being the Protocols referred to in subsection 3A(2) of that Act, whose English texts are set out in Schedules to that Act; and

                     (c)  the Annexes to that Convention relating to international standards and recommended practices, being Annexes adopted in accordance with that Convention.

"Commonwealth jurisdiction aircraft " means any aircraft that:

                     (a)  is being operated:

                              (i)  in the course of trade and commerce with other countries or among the States; or

                             (ii)  in the course of, or for the purposes of, the provision of services by a trading corporation (within the meaning of paragraph 51(xx) of the Constitution); or

                            (iii)  by a foreign corporation (within the meaning of that paragraph of the Constitution); or

                            (iv)  in a Territory, between Territories or between a Territory and a State; or

                             (v)  in journeys to or from places that have been acquired by the Commonwealth for public purposes; or

                     (b)  is in the possession or under the control of the Commonwealth or an authority of the Commonwealth; or

                     (c)  is being used wholly or principally for a purpose of the Commonwealth.

"dealing " , in relation to securities, includes the following:

                     (a)  creating, executing, entering into, drawing, making, accepting, endorsing, issuing, discounting, selling, purchasing or re-selling securities;

                     (b)  creating, selling, purchasing or re-selling rights or options in respect of securities;

                     (c)  entering into agreements or other arrangements relating to securities.

"Deputy Chairperson " means the Deputy Chairperson of the Board.

"employee " means a person employed under section 42.

"Finance Minister " means the Minister administering the Public Governance, Performance and Accountability Act 2013 .

"ICAO " means the International Civil Aviation Organization referred to in the Chicago Convention.

"late payment penalty " means a penalty payable under section 56.

"member " means a member of the Board (including the Chairperson, the Deputy Chairperson and the Chief Executive Officer).

"money raising " means raising money by borrowing or by any other means, whether in Australian currency, foreign currency or a mixture of both.

"outstanding amount " , in relation to an aircraft, means either of the following amounts that has become payable, but has not been paid or been remitted under section 58:

                     (a)  a service charge payable in respect of the aircraft;

                     (b)  late payment penalty on any service charge in respect of the aircraft.

"payable " means due and payable.

"provide " includes maintain, operate and use.

"Register " means the Register maintained under section 64.

"Registrar " means the person who maintains the Register.

"securities " includes stocks, debentures, debenture stocks, notes, bonds, promissory notes, bills of exchange and similar instruments or documents.

"service charge " means a charge under section 53 for services or facilities provided by AA.

"share " means share in the share capital of a corporation, and includes stock.

"statutory lien " means a lien vested in AA under section 59.

"subsidiary " has the meaning given by subsection (3).

             (2)  A reference in this Act to services and facilities provided by AA is a reference to services and facilities provided as described in subsection 11(3).

             (3)  The question whether a company is a subsidiary of AA is to be determined in the same way as the question whether a corporation is a subsidiary of another corporation is determined for the purposes of the Corporations Act 2001 .



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