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This Act may be cited as the Air Services Act 1995.
Subject to this section, this Act commences on:
a day to be fixed by Proclamation; or
the first day after the end of the period of 6 months beginning on the day on which this Act receives the Royal Assent;
whichever is earlier.
If the Commonwealth Authorities and Companies Act 1997 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.
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 part has, or parts have, been removed from it; or
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:
the airspace over Australian territory; and
airspace that has been allocated to Australia by ICAO under the Chicago Convention and for which Australia has accepted responsibility; and
airspace administered by Australia at the request of another country.
Australian aircraft means an aircraft registered in Australia.
Australian territory means:
the territory of Australia and of every external Territory; and
the territorial sea of Australia and of every external Territory; and
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:
the Defence Force;
the Australian Federal Police;
a body, whether incorporated or not, established for a public purpose by or under a law of the Commonwealth or of a Territory;
the holder of an office established for a public purpose by or under a law of the Commonwealth or of a Territory;
a company in which the Commonwealth owns shares that carry more than half the voting power;
but does not include Qantas Airways Limited.
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:
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
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
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:
is being operated:
in the course of trade and commerce with other countries or among the States; or
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
by a foreign corporation (within the meaning of that paragraph of the Constitution); or
in a Territory, between Territories or between a Territory and a State; or
in journeys to or from places that have been acquired by the Commonwealth for public purposes; or
is in the possession or under the control of the Commonwealth or an authority of the Commonwealth; or
is being used wholly or principally for a purpose of the Commonwealth.
dealing, in relation to securities, includes the following:
creating, executing, entering into, drawing, making, accepting, endorsing, issuing, discounting, selling, purchasing or re‑selling securities;
creating, selling, purchasing or re‑selling rights or options in respect of securities;
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.
Finance Minister means the Minister administering the Public Governance, Performance and Accountability Act 2013.
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 service charge payable in respect of the aircraft;
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).
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).
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 Act 2001.
This Act binds the Crown in right of the Commonwealth, of each of the States, of the Australian Capital Territory and of the Northern Territory.
This Act extends to all the external Territories.
This Act extends to acts, omissions, matters and things outside Australia (except where a contrary intention appears).
Chapter 2 (other than Part 2.5) of the Criminal Code applies to all offences created by this Act.
Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.
A body called Airservices Australia is established by this subsection.
AA:
is a body corporate; and
must have a seal; and
may sue and be sued in its corporate name.
The Public Governance, Performance and Accountability Act 2013 applies to AA. That Act deals with matters relating to corporate Commonwealth entities, including reporting and the use and management of public resources.
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.
AA has the following functions:
providing services and facilities:
for the purpose of Australia or another country giving effect to the Chicago Convention; or
for the purpose of Australia or another country giving effect to another international agreement relating to the safety, regularity or efficiency of air navigation; or
otherwise for purposes relating to the safety, regularity or efficiency of air navigation, whether in or outside Australia;
promoting and fostering civil aviation, whether in or outside Australia;
cooperating with the Australian Transport Safety Bureau in relation to investigations under the Transport Safety Investigation Act 2003 that relate to aircraft;
carrying out activities to protect the environment from the effects of, and the effects associated with, the operation of:
Commonwealth jurisdiction aircraft, whether in or outside Australia; or
other aircraft outside Australia;
any functions prescribed by regulations in relation to the effects of, and effects associated with, the operation of:
Commonwealth jurisdiction aircraft, whether in or outside Australia; or
other aircraft outside Australia;
any functions conferred on AA under the Air Navigation Act 1920 or the Aviation Transport Security Act 2004;
any other functions prescribed by the regulations, being functions relating to any of the matters referred to in this subsection;
providing consultancy services and management services relating to any of the matters referred to in this subsection;
any functions incidental to any of the above functions;
providing services and facilities, whether or not related to aviation, for a purpose other than one that is mentioned or implied in any of paragraphs (a) to (i), if doing so:
is within the executive or legislative powers of the Commonwealth; and
utilises AA’s spare capacity; and
maintains or improves the technical skills of AA’s employees; and
does not impede AA’s capacity to perform its other functions.
In paragraphs (1)(a) and (j):
facilities includes equipment.
provide, in relation to facilities, includes build, maintain, operate, license, buy, sell or lease the facilities.
services includes:
air traffic services; and
an aeronautical information service; and
an aeronautical radio navigation service; and
an aeronautical telecommunications service; and
rescue and fire fighting services.
AA may provide its services and facilities both within and outside Australian territory.
Subject to subsection (5), subsection 9(1) and section 16, the extent to which AA provides services and facilities is subject to AA’s discretion.
Any service or facility that AA has power to provide may be provided by AA under a contract.
Subject to section 16, in performing its function under paragraph (1)(a), AA must give priority to providing services and facilities in relation to air navigation within Australian‑administered airspace.
In exercising its powers and performing its functions, AA must regard the safety of air navigation as the most important consideration.
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:
the effects of the operation and use of aircraft; and
the effects associated with the operation and use of aircraft.
AA must perform its functions in a manner that is consistent with Australia’s obligations under:
the Chicago Convention; and
any other agreement between Australia and any other country or countries relating to the safety of air navigation.
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).
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.
Without limiting subsection (1), AA has the power to do any of the following:
enter into contracts;
acquire, hold and dispose of real and personal property;
form, or participate in the formation of, companies;
enter into partnerships;
let on hire its plant, machinery, equipment or goods not immediately required by it;
raise money, by borrowing or otherwise;
anything incidental to any of its powers.
Where AA may provide a facility or service, it may do so:
itself; or
in cooperation with another person (including the Commonwealth); or
by arranging for another person (including the Commonwealth) to do so on its behalf.
AA may appoint one or more bodies to advise it about the performance of its functions.