Commonwealth Consolidated Acts

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AIR SERVICES ACT 1995 - SECT 77

Power to make regulations

             (1)  The Governor‑General may make regulations prescribing matters:

                     (a)  required or permitted by this Act to be prescribed; or

                     (b)  necessary or convenient to be prescribed for carrying out or giving effect to this Act.

             (2)  In particular, the regulations may make provision:

                     (a)  specifying the functions of AA services; and

                     (b)  specifying the powers that are exercisable by AA, or by its employees, in connection with AA services, including the following:

                              (i)  giving instructions and directions in relation to air traffic services;

                             (ii)  coordinating rescue and fire fighting operations;

                            (iii)  requisitioning aircraft;

                            (iv)  taking charge of rescue and fire fighting operations, and giving directions to persons participating in those operations; and

                     (c)  for compensating persons for loss sustained in respect of the requisitioning of an aircraft; and

                     (d)  conferring immunity on AA and its employees from liability arising out of the exercise of powers under the regulations; and

                     (e)  for the publication of Aeronautical Information Publications (AIPs) and Notices to Airmen (NOTAMS); and

                      (f)  regulating the environmental effects of the operation of Commonwealth jurisdiction aircraft; and

                     (g)  the supply in specified circumstances, to specified employees of AA, of records in respect of an aircraft subject to a statutory lien, being records kept under the regulations and relating to:

                              (i)  the maintenance done on the aircraft and its components; and

                             (ii)  the time in service of the aircraft and its components; and

                     (h)  enabling specified documents to be prima facie evidence of movements of aircraft for the purpose of establishing liability to charges; and

                      (i)  imposing penalties, not exceeding 50 penalty units, for a contravention of the regulations.

             (3)  In this section:

"AA service" means a service covered by paragraph 8(1)(a).

"rescue and fire fighting operations" means operations in connection with a rescue and fire fighting service covered by paragraph 8(1)(a).




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