Air Services Act 1995

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AIR SERVICES ACT 1995 No. 81, 1995
Making Information - Assented to 30 June 1995
TABLE OF PROVISIONS PART 1-PRELIMINARY Section 1. Short title 2. Commencement 3. Interpretation 4. Act binds the Crown 5. Extension to external Territories 6. Extra-territorial application PART 2-ESTABLISHMENT, FUNCTIONS AND POWERS OF AIRSERVICES AUSTRALIA (AA) Division 1-Establishment of AA 7. Establishment of AA Division 2-AA's functions and powers 8. AA's functions 9. Manner in which AA must perform its functions 10. AA must consult and cooperate 11. AA's general powers 12. Delegation of AA's powers by Chief Executive Officer Division 3-Miscellaneous 13. Matters to be considered in preparation of corporate plan 14. Minister may direct variation of corporate plan 15. Tabling of corporate plan 16. Ministerial directions to AA 17. Minister may give notices to AA about its strategic direction etc. 18. Supply of information to Minister's nominee 19. Immunity of AA from State and Territory land use laws PART 3-BOARD OF AA Division 1-Establishment and functions 20. Establishment 21. Functions 22. Membership 23. Delegation by Board Division 2-Meetings etc. 24. Meetings 25. Procedure at meetings 26. Board resolutions without meetings Division 3-Administrative provisions 27. Period of appointment of appointed members 28. Remuneration and allowances of appointed members 29. Outside employment 30. Leave of absence 31. Resignation of appointed members 32. Termination of appointment of appointed members 33. Acting appointments PART 4-CHIEF EXECUTIVE OFFICER, EMPLOYEES AND CONSULTANTS Division 1-Chief Executive Officer 34. Appointment 35. Duties 36. Remuneration and allowances 37. Outside employment 38. Leave of absence 39. Resignation 40. Termination of appointment 41. Acting Chief Executive Officer Division 2-Employees and consultants 42. Employees 43. Consultants PART 5-FINANCE Division 1-General 44. AA's capital 45. Revaluation of assets 46. Payments of dividends by AA to the Commonwealth 47. Interim dividends 48. Borrowing by AA from the Commonwealth 49. AA may give security over its assets 50. Hedging through currency contracts etc. 51. Extra matters to be included in annual report Division 2-Taxation matters 52. Liability to taxes etc. Division 3-Services charges for AA services and facilities 53. Board can set charges for services and facilities 54. Minister's role in setting service charges and late payment penalties 55. Procedure if Prices Surveillance Act applies
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56. Penalty for late payment of service charge 57. Recovery of service charge and late payment penalty 58. Remission of service charge and late payment penalty Division 4-Statutory lien for unpaid service charges etc. Subdivision A-Imposition of statutory lien 59. Imposition of statutory lien 60. Effect of statutory lien 61. Limitations on scope of statutory lien 62. Cessation of statutory lien 63. Notice relating to statutory lien 64. Register of statutory liens Subdivision B-Seizure and sale of aircraft 65. Seizure of aircraft 66. AA must insure seized aircraft 67. Sale of aircraft 68. Application of proceeds of sale 69. Order of application of payments of outstanding amounts Subdivision C-Interference with aircraft under statutory lien 70. Removal from Australian territory of aircraft under statutory lien 71. Dismantling etc. aircraft under statutory lien Subdivision D-Miscellaneous 72. Protection of AA etc. from legal actions 73. Review of decisions PART 6-MISCELLANEOUS 74. Tabling of directions or notices of the Minister 75. Lands Acquisition Act 76. Conduct by directors, servants and agents 77. Power to make regulations AIR SERVICES ACT 1995 No. 81 of 1995 - LONG TITLE
An Act to establish a body called Airservices Australia, with functions relating to aviation, and for related purposes AIR SERVICES ACT 1995 No. 81 of 1995 - PART 1 PART 1-PRELIMINARY
AIR SERVICES ACT 1995 No. 81 of 1995 - SECT 1 Short title
1. This Act may be cited as the Air Services Act 1995. (Minister's second reading speech made in- House of Representatives on 7 June 1995 Senate on 9 June 1995) AIR SERVICES ACT 1995 No. 81 of 1995 - SECT 2 Commencement
2.(1) Subject to this section, this Act commences on: (a) a day to be fixed by Proclamation; or (b) the first day after the end of the period of 6 months beginning on the day on which this Act receives the Royal Assent (2) If the Commonwealth Authorities and Companies Act 1995 has not commenced before the day that applies under subsection (1) of this section, and does not commence on that day, then sections 13 and 14, subsection 16(6), the notes after subsections 17(3) and (4), paragraphs 32(2)(d) and (5)(b) and section 51 of this Act commence on the same day as that Act. AIR SERVICES ACT 1995 No. 81 of 1995 - SECT 3 Interpretation
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;
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(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 "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. AIR SERVICES ACT 1995 No. 81 of 1995 - SECT 4
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Act binds the Crown
4. This Act binds the Crown in right of the Commonwealth, of each of the States, of the Australian Capital Territory, of the Northern Territory and of Norfolk Island. AIR SERVICES ACT 1995 No. 81 of 1995 - SECT 5 Extension to external Territories
5. This Act extends to all the external Territories. AIR SERVICES ACT 1995 No. 81 of 1995 - SECT 6 Extra-territorial application
6. This Act extends to acts, omissions, matters and things outside Australia (except where a contrary intention appears). AIR SERVICES ACT 1995 No. 81 of 1995 - PART 2 PART 2-ESTABLISHMENT, FUNCTIONS AND POWERS OF AIRSERVICES AUSTRALIA (AA)
AIR SERVICES ACT 1995 No. 81 of 1995 - DIVISION 1 Division 1-Establishment of AA
AIR SERVICES ACT 1995 No. 81 of 1995 - SECT 7 Establishment of AA
7.(1) A body called Airservices Australia is established by this subsection. (2) AA: (a) is a body corporate; and (b) must have a seal; and (c) may sue and be sued in its corporate name. (3) All courts, judges and persons acting judicially must take judicial notice of the imprint of AA's seal on a document and must presume that the document was duly sealed. AIR SERVICES ACT 1995 No. 81 of 1995 - DIVISION 2 Division 2-AA's functions and powers
AIR SERVICES ACT 1995 No. 81 of 1995 - SECT 8 AA's functions
8.(1) AA has the following functions: (a) providing facilities to permit safe navigation of aircraft within Australian-administered airspace; (b) providing the following services, for the purpose of giving effect to the Chicago Convention or otherwise for purposes relating to the safety, regularity or efficiency of air navigation: (i) air traffic services; (ii) an aeronautical information service; (iii) rescue and fire fighting services; (iv) a search and rescue service; (v) an aeronautical radio navigation service; (vi) an aeronautical telecommunications service; (c) cooperating with the Bureau of Air Safety Investigation in relation to the investigation of aircraft accidents and incidents; (d) carrying out activities to protect the environment from the effects of, and the effects associated with, the operation of Commonwealth jurisdiction aircraft; (e) any functions prescribed by the regulations in relation to the effects of, and effects associated with, the operation of Commonwealth jurisdiction aircraft; (f) any functions conferred on AA under the Air Navigation Act 1920; (g) any other functions prescribed by the regulations, being functions relating to any of the matters referred to in this subsection; (h) providing consultancy services and management services relating to any of the matters referred to in this subsection; (i) any functions incidental to any of the above functions. (2) AA may provide its services and facilities both within and outside Australian territory. (3) Subject to subsection 9(1) and section 16, the extent to which AA provides services and facilities is subject to AA's discretion. (4) Any service or facility that AA has power to provide may be provided by AA under a contract. AIR SERVICES ACT 1995 No. 81 of 1995 - SECT 9 Manner in which AA must perform its functions
9.(1) In exercising its powers and performing its functions, AA must regard the safety of air navigation as the most important consideration. (2) Subject to subsection (1), AA must exercise its powers and perform its functions in a manner that ensures that, as far as is practicable, the environment is protected from: (a) the effects of the operation and use of aircraft; and (b) the effects associated with the operation and use of aircraft. (3) AA must perform its functions in a manner that is consistent with Australia's obligations under:
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(a) the Chicago Convention; and (b) any other agreement between Australia and any other country or countries relating to the safety of air navigation. AIR SERVICES ACT 1995 No. 81 of 1995 - SECT 10 AA must consult and cooperate
10. In the performance of its functions and the exercise of its powers, AA must, where appropriate, consult with government, commercial, industrial, consumer and other relevant bodies and organisations (including ICAO and bodies representing the aviation industry). AIR SERVICES ACT 1995 No. 81 of 1995 - SECT 11 AA's general powers
11.(1) In addition to any other powers conferred on it by this Act, AA has, subject to this Act, power to do all things necessary or convenient to be done for or in connection with the performance of its functions. (2) Without limiting subsection (1), AA has the power to do any of the following: (a) enter into contracts; (b) acquire, hold and dispose of real and personal property; (c) form, or participate in the formation of, companies; (d) enter into partnerships; (e) let on hire its plant, machinery, equipment or goods not immediately required by it; (f) raise money, by borrowing or otherwise; (g) anything incidental to any of its powers. (3) Where AA may provide a facility or service, it may do so: (a) itself; or (b) in cooperation with another person (including the Commonwealth); or (c) by arranging for another person (including the Commonwealth) to do so on its behalf. (4) AA may appoint one or more bodies to advise it about the performance of its functions.

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