Commonwealth Numbered Acts

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AIR SERVICES ACT 1995 No. 81 of 1995 - SECT 77

Power to make regulations
77.(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 search and rescue operations, or rescue and fire
               fighting operations;

        (iii)  requisitioning aircraft, water craft or land vehicles for
               search and rescue operations;

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

   (c)  for compensating persons for:

        (i)    loss sustained as a result of participating in a search and
               rescue operation; or

        (ii)   loss sustained in respect of the requisitioning of an aircraft,
               water craft or land vehicle for a search and rescue operation;
               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 referred to in paragraph 8(1)(b);

"rescue and fire fighting operations" means operations in connection with a
rescue and fire fighting service referred to in paragraph 8(1)(b);

"search and rescue operations" means operations in connection with a search
and rescue service referred to in paragraph 8(1)(b). 


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