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Amendment Bill 1996
Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.
At present, Part IV of the Commonwealth Act is applied by the State Act. The
Bill will apply Part IVA of the Commonwealth Act, which was inserted into
that Act by the Transport Legislation Amendment Act (No. 2) 1995 (No 89 of
1995) of the Commonwealth. The new Part IVA requires carriers to be
insured against liability to passengers for death or personal injury.
The Bill also anticipates certain future amendments to the Commonwealth
Act, so that if the operation of Part IV of the Commonwealth Act is limited
by reference to an international treaty or other instrument, the corresponding
limitation will operate in the State sphere, provided a regulation is made
prescribing the treaty or other instrument.
The Bill contains other amendments of a minor, consequential or ancillary
nature.
Clause 2 provides for the proposed Act to commence by proclamation.
Clause 3 is a formal provision giving effect to the Schedule of amendments.
Schedule 1 Amendments
Schedule l [ l ] removes an obsolete reference to a year in the definition of
the Commonwealth Act.
Schedule 1 [2] is consequential on the application of Part IVA of the
Commonwealth Act within the State.
Schedule 1 [3] inserts new definitions that are used in the proposed new
sections 6A and 6B being inserted by Schedule 1 [9].
Schedule 1 [4] is a technical amendment that ensures that definitions used in
the new Part IVA of the Commonwealth Act apply in the interpretation of the
State Act.
Schedule 1 [5] removes the need for future complementary State legislation
merely to include a specific reference to an international treaty or other
instrument that limits the operation of Part IV of the Commonwealth Act. The
same limitation will apply in the provisions as they apply within the State,
provided the treaty or other instrument is prescribed by regulation under the
State Act.
Schedule 1 [6] is the provision that applies Part IVA of the Commonwealth
Act within the State.
Schedule 1 [7] excludes section 41J(8) in Part IVA of the Commonwealth
Act from applying within the State. That provision is presently inappropriate
in this context, as it invests the Federal Court with jurisdiction where the
Commonwealth Minister applies for an injunction.
Schedule
1 [8] removes an unnecessarily restrictive reference to provisions
of the Commonwealth Act, where regulations are referred to. The amendment
is consequential on the application of Part
of the Commonwealth Act.
Schedule l [9] recognises that the applied provisions will be effectively
treated as part of the aviation regime administered by the Commonwealth.
Proposed section 6A provides that Commonwealth authorities can administer
and enforce the applied provisions as if they were Commonwealth
legislation. Proposed section 6B contemplates that the applied provisions can,
if regulations so provide, be administered and enforced at State level. This
would be appropriate if legislative or other arrangements are not in place at
any time to administer and enforce the applied provisions at Commonwealth
level.
Schedule 1 [10] provides a general regulation-making power.
Explanatory note page 2