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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Air Transport Amendment Bill 2006
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Amendment of Air Transport Act 1964 No 36 2
4 Repeal of Air Transport Regulation 2000 2
Schedule 1 Amendments 3
I certify that this PUBLIC BILL, which originated in the LEGISLATIVE ASSEMBLY,
has finally passed the LEGISLATIVE COUNCIL and the LEGISLATIVE ASSEMBLY of
NEW SOUTH WALES.
Clerk of the Legislative Assembly.
Legislative Assembly,
Sydney, , 2006
New South Wales
Air Transport Amendment Bill 2006
Act No , 2006
An Act to amend the Air Transport Act 1964 so as to provide for the deregulation of
certain air transport service routes, abolish the Air Transport Council and establish
the State Aviation Working Group; and for other purposes.
I have examined this Bill, and find it to correspond in all respects with the Bill
as finally passed by both Houses.
Chairman of Committees of the Legislative Assembly.
Clause 1 Air Transport Amendment Bill 2006
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Air Transport Amendment Act 2006.
2 Commencement
This Act commences on a day or days to be appointed by proclamation.
3 Amendment of Air Transport Act 1964 No 36
The Air Transport Act 1964 is amended as set out in Schedule 1.
4 Repeal of Air Transport Regulation 2000
The Air Transport Regulation 2000 is repealed.
Page 2
Air Transport Amendment Bill 2006
Amendments Schedule 1
Schedule 1 Amendments
(Section 3)
[1] Section 2 Definitions
Omit the definitions of Air Navigation Regulations, Air Transport Council
and Regulations from section 2 (1).
Insert in alphabetical order:
deregulated route means a route that is declared to be a
deregulated route by an order in force under section 4A.
Director-General means the Director-General of the Ministry of
Transport.
Working Group means the State Aviation Working Group
established by section 12A.
[2] Sections 2A, 2B and 2C
Omit the sections.
[3] Section 3 Licensing of persons for the carriage intrastate of passengers
Omit "if aircraft operated by the person are engaged in a service conducted"
from section 3 (1A).
Insert instead "if aircraft operated by the person, whether alone or together
with aircraft operated by some other person, are engaged in a service
conducted by the person, whether alone or in association with any other such
person".
[4] Sections 3 (1A) (b) and (1B), 5 (1) (b) and (e) and (2), 6 (1) and (3), 7 (1)
and 8 (1), (2) (b), (3) and (4)
Omit "Minister" wherever occurring. Insert instead "Director-General".
[5] Section 3 (3)
Insert after section 3 (2):
(3) This section does not apply to:
(a) the provision of a charter service, being any air transport
service that is operated or provided otherwise than as a
regular service over a particular route, or
(b) the provision of a regular air transport service over a
deregulated route.
Page 3
Air Transport Amendment Bill 2006
Schedule 1 Amendments
[6] Section 3A Authority for Australian Airlines to operate intrastate air
services
Omit the section.
[7] Section 4A
Insert after section 4:
4A Deregulated routes
(1) The Minister may, by order published in the Gazette, declare
specified routes or classes of routes to be deregulated routes for
the purposes of this Act.
(2) In deciding whether to make such a declaration with respect to
particular routes or classes of routes, the Minister must have
regard to the following matters:
(a) the needs of the public of New South Wales as a whole,
and of the public of any area or district, for air transport
services along the routes concerned,
(b) fostering competition between airlines in relation to the
routes concerned,
(c) the effect, if any, on the maintenance and development of
adequate and reasonable public air transport services
within New South Wales, of the operation of aircraft over
the routes concerned,
(d) the effect, if any, on the economic development of, or on
the environment in, any area or district within New South
Wales, of the operation of aircraft over the routes
concerned.
[8] Section 5 Applications for licences
Omit section 5 (1) (c).
[9] Section 6
Omit "by the Minister" from the heading to the section.
[10] Section 7 Licences
Omit section 7 (3).
[11] Section 10 Determinations of application and licence fees
Omit the section.
Page 4
Air Transport Amendment Bill 2006
Amendments Schedule 1
[12] Section 10A
Insert before section 11:
10A Review by Administrative Decisions Tribunal
(1) An applicant for a licence may apply to the Administrative
Decisions Tribunal for a review of any decision made by the
Director-General with respect to the application.
(2) A person whose licence has been varied or revoked by the
Director-General may apply to the Administrative Decisions
Tribunal for a review of the Director-General's decision to vary
or revoke the licence.
[13] Section 11A
Omit the section. Insert instead:
11A Delegation of Director-General's functions
The Director-General may delegate to any person any of the
Director-General's functions under this Act, other than this
power of delegation.
[14] Sections 12A and 12B
Insert after section 12:
12A Establishment of State Aviation Working Group
(1) There is to be a State Aviation Working Group, whose members
are to include:
(a) an officer of the Ministry of Transport appointed by the
Director-General of that Ministry,
(b) an officer of the Department of Planning appointed by the
Director-General of that Department,
(c) an officer of the Department of Tourism, Sport and
Recreation appointed by the Director-General of that
Department,
(d) an officer of the Department of State and Regional
Development appointed by the Director-General of that
Department,
(e) a person appointed by the Minister on the nomination of
the Shires Association of New South Wales,
(f) a person appointed by the Minister on the nomination of
the Regional Aviation Association of Australia,
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Air Transport Amendment Bill 2006
Schedule 1 Amendments
(g) a person appointed by the Minister on the nomination of
the Australian Airports Association.
(2) The member referred to in subsection (1) (a) is the Chairperson
of the Working Group.
(3) Schedule 1 has effect with respect to the constitution and
procedure of the Working Group.
12B Functions of State Aviation Working Group
The Working Group has the following functions in relation to the
provision of air transport services within New South Wales:
(a) to advise the Director-General (and, through the
Director-General, the Minister) on matters relating to the
regulation of those services, including the policies and
strategies to be adopted in relation to those services,
(b) to provide information concerning the regulation of those
services to persons having an interest in the provision of
those services, including both State and local government
agencies,
(c) to seek the views of persons having an interest in the
provision of those services in relation to the regulation of
those services.
[15] Section 13 Regulations
Omit section 13 (1) (a) and (a1). Insert instead:
(a) the provision to the Director-General, by persons involved
in the operation or provision of air transport services
within New South Wales, of statistical information
concerning the operation or provision of those services,
and
[16] Section 19
Insert after section 18:
19 Savings, transitional and other provisions
Schedule 2 has effect.
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Air Transport Amendment Bill 2006
Amendments Schedule 1
[17] Schedules 1 and 2
Omit the Schedules. Insert instead:
Schedule 1 Constitution and procedure of State
Aviation Working Group
(Section 12A)
Part 1 General
1 Definitions
In this Schedule:
Chairperson means the Chairperson of the Working Group.
member means any member of the Working Group.
Ministerial appointee means a person who is appointed by the
Minister as a member of the Working Group.
Part 2 Constitution
2 Terms of office of Ministerial appointees
Subject to this Schedule and the regulations, a Ministerial
appointee holds office for such period (not exceeding 2 years) as
is specified in his or her instrument of appointment, but is eligible
(if otherwise qualified) for re-appointment.
3 Ministerial appointees to be part-time members
Ministerial appointees hold office as part-time members.
4 Remuneration of Ministerial appointees
A Ministerial appointee is entitled to be paid such remuneration
(including travelling and subsistence allowances) as the Minister
may from time to time determine in respect of the appointee.
5 Vacancy in office of Ministerial appointee
(1) The office of a Ministerial appointee becomes vacant if the
appointee:
(a) dies, or
(b) completes a term of office and is not re-appointed, or
(c) resigns the office by instrument in writing addressed to the
Minister, or
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Air Transport Amendment Bill 2006
Schedule 1 Amendments
(d) is removed from office by the Minister under this clause or
by the Governor under Chapter 5 of the Public Sector
Employment and Management Act 2002, or
(e) is absent from 3 consecutive meetings of the Working
Group of which reasonable notice has been given to the
appointee personally or by post, except on leave granted by
the Director-General or unless the appointee is excused by
the Director-General for having been absent from those
meetings, or
(f) becomes bankrupt, applies to take the benefit of any law
for the relief of bankrupt or insolvent debtors, compounds
with his or her creditors or makes an assignment of his or
her remuneration for their benefit, or
(g) becomes a mentally incapacitated person, or
(h) is convicted in New South Wales of an offence that is
punishable by imprisonment for 12 months or more or is
convicted elsewhere than in New South Wales of an
offence that, if committed in New South Wales, would be
an offence so punishable.
(2) The Minister may remove a Ministerial appointee from office at
any time.
6 Filling of vacancy in office of Ministerial appointee
If the office of a Ministerial appointee becomes vacant, a person
is, subject to this Act and the regulations, to be appointed to fill
the vacancy.
7 Disclosure of pecuniary interests
(1) If:
(a) a member has a direct or indirect pecuniary interest or
other interest in a matter being considered or about to be
considered at a meeting of the Working Group, and
(b) the interest appears to raise a conflict with the proper
performance of the member's duties in relation to the
consideration of the matter,
the member must, as soon as possible after the relevant facts have
come to the member's knowledge, disclose the nature of the
interest at a meeting of the Working Group.
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Air Transport Amendment Bill 2006
Amendments Schedule 1
(2) A disclosure by a member at a meeting of the Working Group that
the member:
(a) is a member, or is in the employment, of a specified
company or other body, or
(b) is a partner, or is in the employment, of a specified person,
or
(c) has some other specified interest relating to a specified
company or other body or to a specified person,
is a sufficient disclosure of the nature of the interest in any matter
relating to that company or other body or to that person that may
arise after the date of the disclosure and that is required to be
disclosed under subclause (1).
(3) After a member has disclosed the nature of an interest in any
matter, the member must not, unless the Minister or the Working
Group otherwise determines:
(a) be present during any deliberation of the Working Group
with respect to the matter, or
(b) take part in any decision of the Working Group with
respect to the matter.
(4) For the purposes of the making of a determination by the
Working Group under subclause (3), a member who has a direct
or indirect pecuniary interest or other interest in a matter to which
the disclosure relates must not:
(a) be present during any deliberation of the Working Group
for the purpose of making the determination, or
(b) take part in the making by the Working Group of the
determination.
(5) Subclauses (1) and (3) do not apply to an interest that the member
has as:
(a) a member of any local government agency, or
(b) an office bearer of any statutory body, or
(c) a member of the Public Service or an employee of a
statutory body.
(6) A contravention of this clause does not invalidate any decision of
the Working Group.
(7) This clause applies to a member of a committee of the Working
Group and the committee in the same way as it applies to a
member of the Working Group and the Working Group.
Page 9
Air Transport Amendment Bill 2006
Schedule 1 Amendments
8 Effect of certain other Acts
(1) Chapter 2 of the Public Sector Employment and Management Act
2002 does not apply to or in respect of the appointment of a
Ministerial appointee.
(2) If by or under any Act provision is made:
(a) requiring a person who is the holder of a specified office to
devote the whole of his or her time to the duties of that
office, or
(b) prohibiting the person from engaging in employment
outside the duties of that office,
the provision does not operate to disqualify the person from
holding that office and also the office of a Ministerial appointee
or from accepting and retaining any remuneration payable to the
person under this Act as a Ministerial appointee.
Part 3 Procedure
9 General procedure
The procedure for the calling of meetings of the Working Group
and for the conduct of business at those meetings is, subject to
this Act and the regulations, to be as determined by the Working
Group.
10 Quorum
The quorum for a meeting of the Working Group is 4 members,
of whom one is to be the Chairperson.
11 Presiding member
(1) At any meeting of the Working Group, the Chairperson is to
preside.
(2) The Chairperson has a deliberative vote and, in the event of an
equality of votes, has a second or casting vote.
12 Voting
A decision supported by a majority of the votes cast at a meeting
of the Working Group at which a quorum is present is the
decision of the Working Group.
13 Transaction of business outside meetings or by telephone
(1) The Working Group may, if it thinks fit, transact any of its
business by the circulation of papers among all the members of
Page 10
Air Transport Amendment Bill 2006
Amendments Schedule 1
the Working Group for the time being, and a resolution in writing
approved in writing by a majority of those members is taken to be
a decision of the Working Group.
(2) The Working Group may, if it thinks fit, transact any of its
business at a meeting at which members (or some members)
participate by telephone, closed-circuit television or other means,
but only if any member who speaks on a matter before the
meeting can be heard by the other members.
(3) For the purposes of:
(a) the approval of a resolution under subclause (1), or
(b) a meeting held in accordance with subclause (2),
the Chairperson and each member have the same voting rights as
they have at an ordinary meeting of the Working Group.
(4) A resolution approved under subclause (1) is, subject to the
regulations, to be recorded in the minutes of the meetings of the
Working Group.
(5) Papers may be circulated among the members for the purposes of
subclause (1) by facsimile or other transmission of the
information in the papers concerned.
14 Minutes
The Working Group must keep minutes of proceedings at its
meetings.
15 First meeting
The Minister may call the first meeting of the Working Group in
such manner as the Minister thinks fit.
Schedule 2 Savings, transitional and other
provisions
(Section 19)
Part 1 Preliminary
1 Savings and transitional regulations
(1) The regulations may contain provisions of a savings or
transitional nature consequent on the enactment of the following
Acts:
Air Transport Amendment Act 2006
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Air Transport Amendment Bill 2006
Schedule 1 Amendments
(2) Such a provision may, if the regulations so provide, take effect
from the date of assent to the Act concerned or a later day.
(3) To the extent to which such a provision takes effect from a date
that is earlier than the date of its publication in the Gazette, the
provision does not operate so as:
(a) to affect, in a manner prejudicial to any person (other than
the State or an authority of the State), the rights of that
person existing before the date of that publication, or
(b) to impose liabilities on any person (other than the State or
an authority of the State) in respect of anything done or
omitted to be done before the date of that publication.
Part 2 Provisions consequent on Air Transport
Amendment Act 2006
2 Abolition of Air Transport Council
(1) The Air Transport Council is abolished.
(2) No compensation is payable to any member of the Air Transport
Council who is removed from office under this clause.
3 Fees for applications and licences
(1) Fees that had been paid under section 7 of this Act before its
amendment by the Air Transport Amendment Act 2006 do not
have to be repaid.
(2) Fees that had been payable under section 7 of this Act before its
amendment by the Air Transport Amendment Act 2006, but had
not been paid, do not have to be paid.
4 Appeals to Administrative Decisions Tribunal
Section 10A, as inserted by the Air Transport Amendment Act
2006, does not apply to any decision made before the
commencement of that section.
Page 12
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