Save Search

Note: Where available, the PDF/Word icon below is provided to view the complete and fully formatted document
 Download Current HansardDownload Current Hansard    View Or Save XMLView/Save XML

Previous Fragment    Next Fragment
Wednesday, 16 February 2000
Page: 11834


Senator IAN MACDONALD (Minister for Regional Services, Territories and Local Government) (11:12 AM) —by leave—I move:

(1) Clause 2, page 1 (line 9), after “17,”, insert “17A,”.

(2) Clause 2, page 2 (after line 4), at the end of the clause, add:

(4) Item 26A of Schedule 1 is taken to have commenced on 15 June 1988.

(5) Item 27A of Schedule 1 is taken to have commenced on 6 July 1995.

(3) Clause 4, page 2 (after line 25), after subclause (2), insert:

(2A) For the purposes of section 97AB of the Civil Aviation Act 1988, a fee that:

(a) was charged to a person at any time before the commencement of this subsection by an external service provider for a service provided under that Act, under regulations under that Act, or under the Civil Aviation Orders; and

(b) disregarding the amendments made by items 26A and 27A of Schedule 1, was validly charged;

is taken to have been agreed between the external service provider and the person.

(2B) The amendments made by item 27A of Schedule 1 do not affect the validity of any regulation made before the commencement of that item, so far as the regulation prescribed fees other than for services provided by, applications or requests dealt with in any way by, or anything done by, an external service provider (within the meaning of section 97AB of the Civil Aviation Act 1988).

(4) Schedule 1, page 4 (after line 23), after item 17, insert:

17A Paragraph 28(1)(c)

Omit “domestic commercial”, substitute “regulated domestic”.

(5) Schedule 1, page 7 (after line 24), after item 26, insert:

26A After section 97AA

Insert:

97AB Charging of fees by external service providers

(1) An external service provider may charge a person such fee as is agreed between the external service provider and the person for any service provided by the external service provider under this Act, the regulations or the Civil Aviation Orders.

(2) The fee is payable to the external service provider.

(3) The fee must not be such as to amount to taxation.

(4) If the fee is unpaid, it is a debt due to the external service provider and is recoverable in a court of competent jurisdiction.

(5) In this section:

external service provider means a person who is the holder of a delegation under this Act or the regulations, or who is an authorised person within the meaning of the regulations, other than a person in any of the following capacities:

(a) a member;

(b) an officer;

(c) a person who provides services to CASA under a contract with CASA;

(d) a person who, under a contract with CASA, provides services to the public on CASA's behalf;

(e) an employee of a person referred to in paragraph (c) or (d).

provide a service includes deal with an application or request or do anything.

27A At the end of paragraph 98(3)(u)

Add “, other than services provided by, applications or requests dealt with in any way by, or anything done by, an external service provider (within the meaning of section 97AB)”.