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Air Navigation and Civil Aviation Amendment (Aircraft Crew) Bill 2011

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7187

2010-2011-2012

 

The Parliament of the

Commonwealth of Australia

 

THE SENATE

 

 

 

 

 

Air Navigation and Civil Aviation Amendment (Aircraft Crew) Bill 2011

 

 

(1)     Schedule 1, page 3 (line 1) to page 4 (line 11), omit the Schedule, substitute:

Schedule 1—Amendment of the Fair Work Act 2009

 

1  Section 12 (after the definition of agreed to )

Insert:

aircraft operating crew means any person who:

                     (a)  is on board an aircraft with the consent of the operator of the aircraft; and

                     (b)  has duties in relation to the flying or safety of the aircraft; and

includes a person:

                     (c)  who is conducting a flight test; or

                     (b)  who is conducting surveillance to ensure that the flight is conducted in accordance with the regulations; or

                     (c)  who is in the aircraft for the purpose of:

                              (i)  receiving flying training; or

                             (ii)  practising for the issue of a flight crew licence.

2  Section 12 (after the definition of Australian-based employee )

Insert:

Australian domestic aviation means activities conducted in Australia in the support or conduct of commercial aviation operations that carry passengers whose flight begins and finishes at an aerodrome located in Australia.

Note:          In this context, Australia includes the Territory of Christmas Island and the Territory of Cocos (Keeling) Islands (see paragraph 17(a) of the Acts Interpretation Act 1901 ).

3  Section 12 (after the definition of Australian-based employee )

Insert:

Australian domestic aviation operator means the person, organisation or enterprise engaged in, or offering to engage in, Australian domestic aviation.

4  Section 12 (definition of flight crew officer )

Repeal the definition.

5  After section 13

Insert:

13A            Extended meaning of national system employee in relation to Australian domestic aviation

                   For the purposes of this Act, any non-national system employee performing work in Australian domestic aviation is taken to be a national system employee.

6  Subparagraph 14(1)(d)(i)

Repeal the subparagraph, substitute:

                              (i)  aircraft operating crew; or

7  At the end of subsection 14(1)

Add:

               ; or (g)  an Australian domestic aviation operator who directly benefits from work performed in Australian domestic aviation by a non-national system employee, regardless of the absence of a direct employment relationship.

[amendment of Fair Work Act 2009]

(2)     Schedule 2, items 1 to 3, page 5 (line 4) to page 6 (line 12), omit the items, substitute:

1  After section 28BI

Insert:

28BJ          Management of fatigue

             (1)  The holder of an AOC must at all times monitor and manage fatigue-related safety risks, based on scientific principles and knowledge as well as operational experience, and take all reasonable steps to ensure that relevant personnel are performing at adequate levels of alertness.

             (2)  The holder must have a system for management of fatigue-related safety risks for cabin crew and other operating crew in place by 30 June 2012.

             (3)  The holder must have a system for management of fatigue-related safety risks for flight crew in place by 31 December 2012.

             (4)  The holder must have a system for management of fatigue-related safety risks for operational support staff, including but not limited to schedulers, dispatchers, flight operations managers and continuing airworthiness managers, in place by 30 June 2013.

[management of fatigue]