Commonwealth Numbered Acts

AIR SERVICES ACT 1995 No. 81 of 1995 - SECT 3

3.(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;

   (b)  the Australian Customs Service;

   (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;

"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 Law.