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Aviation Legislation Amendment (International Airline Licences and Carriers' Liability Insurance) Bill 2008

Schedule 1 International airline licences

Part 1 Main amendments

Air Navigation Act 1920

1  Subsection 3(1) (definition of aircraft operator or operator )

Repeal the definition.

2  Subsection 3(1) (definition of airport )

Repeal the definition.

3  Subsection 3(1) (definition of air service )

Repeal the definition.

4  Subsection 3(1) (definition of baggage )

Repeal the definition.

5  Subsection 3(1) (definition of charter operation )

Repeal the definition.

6  Subsection 3(1) (definition of international air service )

Repeal the definition.

7  Subsection 3(1) (definition of non-scheduled flight )

Omit “issued”, substitute “granted”.

8  Subsection 3(1) (definition of regular public transport operation )

Repeal the definition.

9  Subsection 3(1) (definition of thing )

Repeal the definition.

10  Subsection 3(1) (definition of threaten )

Repeal the definition.

11  Sections 3AB and 3AC

Repeal the sections.

12  Subsection 11(1)

Omit “(1)”.

13  Subsection 11(1)

Omit “conducted”, substitute “operated”.

14  Subsection 11(2)

Repeal the subsection.

15  Subsection 12(1)

Omit “Subject to subsection (1B), an international airline shall”, substitute “Subject to subsections (2) and (3), an international airline must”.

Note:       The heading to section 12 is replaced by the heading “ Requirement to hold international airline licence ”.

16  Subsection 12(1)

Omit “issued”, substitute “granted”.

17  Subsection 12(1A)

Omit “If an aircraft is flown in contravention of subsection (1), the operator of the aircraft is guilty of”, substitute “If an international airline contravenes subsection (1), the airline commits”.

18  Subsection 12(1AA)

Omit “operator”, substitute “international airline”.

19  Subsections 12(1B), (2) and (3)

Repeal the subsections, substitute:

             (2)  Subsection (1) does not apply to a scheduled international air service if it is operated in accordance with a permission under section 15D.

             (3)  The Secretary may, by legislative instrument, determine that subsection (1) does not apply in relation to a category of scheduled international air services. The determination has effect accordingly.

             (4)  For the purposes of this section:

                     (a)  an international airline may operate a scheduled international air service even if it does not operate the aircraft used to operate the service; and

                     (b)  an international airline does not operate a scheduled international air service merely because it operates the aircraft used to operate the service.

20  Section 13

Repeal the section, substitute:

13   Licensing of scheduled international air services

             (1)  Without limiting section 26, the regulations may provide for or in relation to the licensing of scheduled international air services operated over, into or out of Australian territory.

             (2)  In particular, the regulations may provide for or in relation to the following:

                     (a)  the granting of international airline licences by the Secretary;

                     (b)  the imposition of conditions on international airline licences by the Secretary;

                     (c)  the variation, suspension and cancellation of international airline licences by the Secretary;

                     (d)  the surrender to the Secretary of international airline licences.

             (3)  An international airline licence must not be granted to an international airline of a country other than Australia unless that country and Australia are parties to:

                     (a)  the Air Transit Agreement; or

                     (b)  some other agreement or arrangement, whether bilateral or multilateral, under which scheduled international air services of that other country may, subject to the agreement or arrangement, be operated over or into Australian territory.

             (4)  Subsection (3) does not limit subsection 12(3).

21  Section 18

Omit “subsections 15A(3) and 17(1B)”, substitute “subsection 12(3), 15A(3) or 17(1B)”.

22  Before paragraph 23A(1)(a)

Insert:

                    (aa)  to do any of the following under the regulations:

                              (i)  refuse to grant an international airline licence;

                             (ii)  impose a condition on an international airline licence;

                            (iii)  vary, refuse to vary, suspend or cancel an international airline licence; or



 

Part 2 Consequential amendments

Adelaide Airport Curfew Act 2000

23  Subparagraph 3(2)(b)(i)

Omit “section 12 of”, substitute “regulations made under”.

Aircraft Noise Levy Collection Act 1995

24  Section 4 (cell at table item 3, column headed “Source of authority for operation of the aircraft”)

Omit “issued”, substitute “granted”.

Civil Aviation Act 1988

25  Paragraph 26(2)(b)

Omit “issued”, substitute “granted”.



 

Part 3 Application and transitional provisions

26  Pre-commencement licences

(1)        Despite the amendments made by this Schedule, the old law continues to apply in relation to the operation of a scheduled international air service in respect of which an international airline licence was in force immediately before the commencement time.

(2)        Subitem (1) has effect in relation to the operation of the service until whichever of the following first occurs:

                     (a)  the international airline licence is surrendered or cancelled in accordance with the old law as it continues to apply under subitem (1);

                     (b)  an international airline licence is granted, in respect of the operation of the service, under regulations made under the Air Navigation Act 1920 as in force at or after the commencement time;

                     (c)  the international airline licence is cancelled under subitem (3).

(3)        If the international airline licence is not surrendered or cancelled as mentioned in paragraph (2)(a) of this item, it is cancelled, by force of this subitem, when whichever of the following first occurs:

                     (a)  an international airline licence is granted in respect of the operation of the service as mentioned in paragraph (2)(b) of this item;

                     (b)  the period of 6 months beginning at the commencement time ends.

(4)        The Minister may, by legislative instrument, determine that the period mentioned in paragraph (3)(b) of this item is extended for a specified licence by the period, not exceeding 2 months, specified in the determination. The Minister cannot extend the period for a particular licence more than once.

(5)        A determination under subitem (4) has effect accordingly.

(6)        In this item:

commencement time means the time when this Schedule commences.

old law means:

                     (a)  an Act amended by this Schedule, as in force immediately before the commencement time; and

                     (b)  regulations, as in force from time to time, made under such an Act, as in force immediately before the commencement time.

27  Constitutional safety net—acquisition of property

(1)        If the operation of this Part would result in an acquisition of property from a person otherwise than on just terms, the Commonwealth is liable to pay a reasonable amount of compensation to the person.

(2)        If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in the Federal Court of Australia for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.

(3)        In this item:

acquisition of property has the same meaning as in paragraph 51(xxxi) of the Constitution.

just terms has the same meaning as in paragraph 51(xxxi) of the Constitution.