2010-11-12-13

 

 

 

THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA

 

 

 

HOUSE OF REPRESENTATIVES

 

 

 

 

 

 

 

 

AVIATION LAWS AMENDMENT (AUSTRALIAN OWNERSHIP AND OPERATION) BILL 2013

 

 

 

EXPLANATORY MEMORANDUM

and

STATEMENT OF COMPATIBILITY WITH HUMAN RIGHTS

 

 

 

 

 

 

 

Circulated by authority of

Hon Bob Katter MP

 

AVIATION LAWS AMENDMENT (AUSTRALIAN OWNERSHIP AND OPERATION) BILL 2013

 

OUTLINE

 

This Bill provides for Australian ownership and operation in relation to certain air services.

 

The purpose of this Bill is both to ensure that Australian airlines have access to domestic flights within Australia and to secure this market by establishing a definition of “Australian”.

 

To be defined as “Australian”:

·          An airline must be 51 per cent owned by Australian citizens or residents (including by ownership of shares in a company); and

·          An airline conducts at least 80 per cent of its aircraft maintenance in Australia; and

·          Airline crews are domiciled in Australia.

 

The onus of proof is on the company that has access to Australian routes.

 

FINANCIAL IMPACT

 

The bill will have no financial impact.

 

STATEMENT OF COMPATIBILITY WITH HUMAN RIGHTS

 

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

 

Note : the Human Rights (Parliamentary Scrutiny) Act 2011, which commenced in January 2012, requires that a Member who introduces a bill must cause a “Statement of

Compatibility” with human rights to be prepared and presented to the House in respect of the bill. 

 

Human rights are identified in the bill as Australia’s obligations under:

 

·          the International Convention on the Elimination of all Forms of Racial Discrimination;

·          the International Covenant on Economic, Social and Cultural Rights;

·          the International Covenant on Civil and Political Rights;

·          the Convention on the Elimination of All Forms of Discrimination Against Women;

·          the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment;

·          the Convention on the Rights of the Child; and

·          the Convention on the Rights of Persons with Disabilities.

 

For further guidance, and template Statements of Compatibility, see the Attorney-General’s Department’s website .

 

This bill is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011. 

 

Hon Bob Katter MP