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This is a Bill, not an Act. For current law, see the Acts databases.
2002
The Parliament of
the
Commonwealth of
Australia
HOUSE OF
REPRESENTATIVES
Presented and read a first
time
Aviation
Legislation Amendment Bill 2002
No. ,
2002
(Transport and Regional
Services)
A Bill for an Act to amend or
repeal certain legislation relating to aviation, and for related
purposes
Contents
A Bill for an Act to amend or repeal certain legislation
relating to aviation, and for related purposes
The Parliament of Australia enacts:
This Act may be cited as the Aviation Legislation Amendment Act
2002.
(1) Each provision of this Act specified in column 1 of the table
commences, or is taken to have commenced, on the day or at the time specified in
column 2 of the table.
|
Commencement information |
||
|---|---|---|
|
Column 1 |
Column 2 |
Column 3 |
|
Provision(s) |
Commencement |
Date/Details |
|
1. Sections 1 to 3 and anything in this Act not elsewhere covered by
this table |
The day on which this Act receives the Royal Assent |
|
|
2. Schedule 1 |
A single day to be fixed by Proclamation, subject to
subsection (3) |
|
|
3. Schedule 2 |
A single day to be fixed by Proclamation, subject to
subsection (4) |
|
|
4. Schedule 3 |
The day on which this Act receives the Royal Assent |
|
Note: This table relates only to the provisions of this Act
as originally passed by the Parliament and assented to. It will not be expanded
to deal with provisions inserted in this Act after assent.
(2) Column 3 of the table is for additional information that is not part
of this Act. This information may be included in any published version of this
Act.
(3) If a provision covered by item 2 of the table does not commence
within the period of 6 months beginning on the day on which this Act receives
the Royal Assent, it commences on the first day after the end of that
period.
(4) If a provision covered by item 3 of the table does not commence
within the period of 12 months beginning on the day on which this Act receives
the Royal Assent, it commences on the first day after the end of that
period.
Each Act that is specified in a Schedule to this Act is amended or
repealed as set out in the applicable items in the Schedule concerned, and any
other item in a Schedule to this Act has effect according to its
terms.
1 Section 3
Repeal the section, substitute:
The object of this Act is to enhance the welfare of Australians by
promoting economic efficiency through competition in the provision of
international air services, resulting in:
(a) increased responsiveness by airlines to the needs of consumers,
including an increased range of choices and benefits; and
(b) growth in Australian tourism and trade; and
(c) the maintenance of Australian carriers capable of competing
effectively with airlines of foreign countries.
2 Section 4
Insert:
APS employee has the same meaning as in the Public Service
Act 1999.
3 Section 4
Insert:
Secretary means the Secretary of the Department.
4 Paragraph 12(1)(b)
Before “submissions”, insert “if the regulations so
require—”.
5 Subsections 17(2) and (3)
Repeal the subsections, substitute:
(2) Sections 12 and 14 apply in relation to the renewal of a
determination in the same way they apply in relation to the making of a
determination allocating available capacity.
6 After Part 3
Insert:
(1) Subject to this section, the Commission may delegate, to an APS
employee in the Department, the Commission’s powers or functions under any
one or more of the following provisions:
(a) section 7, 8, 16, 20, 27 or 27AA;
(b) subsection 10(2), 12(1), 14(3), 17(1) or (2), 18(1), (2) or (3) or
22(1).
(2) The delegation must be in writing and may only be made with the
written agreement of the Secretary.
(3) The regulations may provide that the Commission may only delegate a
power or a function in specified circumstances.
(4) If a delegate conducts the review of a determination under subsection
10(2), sections 24, 25 and 26 apply to the delegate in relation to the
review in the same way as those sections would have applied to the Commission if
the Commission had conducted the review.
(5) If a delegate conducting the review of a determination under
subsection 10(2) requests the Commission to conduct the review, the Commission,
instead of the delegate, must conduct the review.
7 Application—paragraph 12(1)(b) of the
International Air Services Commission Act 1992
The amendment made by item 4 of this Schedule applies to the making of
determinations allocating capacity after the commencement of that item, except
where applications for a determination allocating the capacity were invited
before the commencement of that item.
8 Application—section 17 of the
International Air Services Commission Act 1992
The amendment made by item 5 of this Schedule applies to the renewal
of determinations after the commencement of that item, except where the
Commission has invited submissions about the renewal before the commencement of
that item.
1 Subsection 3(1) (definition of airport
operator or operator)
Repeal the definition.
2 Subsection 3(1) (definition of airport
security committee)
Repeal the definition.
3 Subsection 3(1)
Insert:
aviation industry participant means:
(a) an airport operator prescribed by the regulations for the purposes of
this paragraph; or
(b) an aircraft operator prescribed by the regulations for the purposes of
this paragraph; or
(c) a person, prescribed by the regulations for the purposes of this
paragraph, who carries on the business of handling international air cargo;
or
(d) a person, prescribed by the regulations for the purposes of this
paragraph, who provides aviation security services.
4 Subsection 3(1)
Insert:
aviation security information means information that relates
to compliance, or a failure to comply, with regulations under this Act that
relate to aviation security.
5 Subsection 3(1) (definition of categorised
airport)
Repeal the definition.
6 Subsection 3(1) (definition of charter
aircraft)
Repeal the definition.
7 Subsection 3(1) (definition of
clear)
Repeal the definition.
8 Subsection 3(1) (definition of
Corporation)
Repeal the definition.
9 Subsection 3(1) (definition of domestic air
service)
Repeal the definition.
10 Subsection 3(1) (definition of emergency
operations centre)
Repeal the definition.
11 Subsection 3(1) (definition of Federal
airport)
Repeal the definition.
12 Subsection 3(1) (definition of protective
service officer)
Repeal the definition.
13 Subsection 3(1) (definition of regular
public transport aircraft)
Repeal the definition.
14 Subsection 3(1) (definition of
screen)
Repeal the definition.
15 Subsection 3(1) (definition of screening
authority)
Repeal the definition.
16 Subsection 3(1) (definition of screening
officer)
Repeal the definition.
17 Subsection 3(1) (definition of screening
point)
Repeal the definition.
18 Subsection 3(1) (definition of security
restricted area)
Repeal the definition.
19 Subsection 3(1) (definition of sterile
area)
Repeal the definition.
20 Subsection 3(1) (definition of terminal
facility)
Repeal the definition.
21 Subsection 3(1) (definition of terminal
operator or operator)
Repeal the definition.
22 Subsection 3(1) (definition of
transceiver)
Repeal the definition.
23 Subsection 3(1) (definition of uniformed
security force)
Repeal the definition.
24 Subsection 3(1) (definition of unlawful
interference with aviation)
Repeal the definition.
25 Subsection 3(1) (definition of
weapon)
Repeal the definition.
26 Sections 3AB to 3AF
Repeal the sections.
27 Section 19
Repeal the section, substitute:
(1) If:
(a) a person does an act; and
(b) the act is not done in circumstances prescribed by regulations that
state they are made for the purposes of this paragraph; and
(c) the act results in munitions of war or implements of war being carried
by or in:
(i) an aircraft in Australian territory; or
(ii) an Australian aircraft outside Australian territory;
the person is guilty of an offence punishable, on conviction, by
imprisonment for a term not exceeding 7 years.
(2) Chapter 2 of the Criminal Code applies to an offence
against subsection (1).
28 Part 3
Repeal the Part, substitute:
(1) This section applies if the Secretary believes on reasonable grounds
that an aviation industry participant has aviation security information of a
kind prescribed in the regulations for the purposes of this section.
(2) The Secretary may, by written notice given to the aviation industry
participant, require the participant to give any such information to the
Secretary, within the period and in the way specified in the notice. The period
must not be less than 14 days.
(3) Without limiting subsection (2), the Secretary may specify in the
notice any one or more of the following ways for the participant to give the
information:
(a) orally;
(b) in writing;
(c) by electronic transmission.
(4) If:
(a) a person engages in conduct; and
(b) the result of the conduct is that the person contravenes a requirement
under subsection (2);
the person is guilty of an offence punishable, on conviction, by a fine not
exceeding 45 penalty units.
(5) In this section:
engage in conduct has the same meaning as in the Criminal
Code.
An individual is not excused from giving the aviation security
information on the ground that the information might tend to incriminate the
individual or expose the individual to a penalty.
Note: Division 2 limits the use of information given to
the Secretary under this Division and provides protection for the person who
gives the information.
(1) For the purposes of this Division, if a person gives a Departmental
official aviation security information, whether in compliance with a notice
under section 20 or otherwise, then, subject to subsection (2), the
information is protected information and the person is the
protected person in relation to the
information.
(2) Subsection (1) does not apply if:
(a) the information is given to the Departmental official in the course of
an investigation by the official that relates to compliance, or a failure to
comply, with regulations under this Act that relate to aviation security;
and
(b) the information is not given in compliance with a notice under
section 20.
(3) In this Division:
APS employee has the same meaning as in the Public Service
Act 1999.
Departmental official means a person acting in the course of
his or her duties as:
(a) the Secretary of the Department; or
(b) an APS employee in the Department; or
(c) a delegate under this Act or the regulations.
(1) If:
(a) a Departmental official uses or discloses protected information;
and
(b) that use or disclosure is not for the purposes of aviation security;
and
(c) the Departmental official is reckless as to whether the information is
protected information;
the Departmental official is guilty of an offence punishable, on
conviction, by a fine not exceeding 45 penalty units.
Exception to subsection (1)
(2) Subsection (1) does not apply if the protected information is
used or disclosed for the purposes of a prosecution, or defending a prosecution,
of:
(a) an offence against that subsection; or
(b) an offence against section 137.1 or 137.2 of the Criminal
Code.
Note: A defendant bears an evidential burden in relation to
the matters in subsection (2) (see subsection 13.3(3) of the Criminal
Code).
(1) If:
(a) a person (whether or not a Departmental official) discloses protected
information to another person; and
(b) the person does not disclose the information in excepted circumstances
(see subsection (2)); and
(c) the person is reckless as to whether the information is protected
information;
the person is guilty of an offence punishable, on conviction, by a fine not
exceeding 45 penalty units.
Meaning of excepted circumstances
(2) For the purposes of paragraph (1)(b), the protected information
is disclosed in excepted circumstances if it is disclosed
to:
(a) a Departmental official; or
(b) a Commonwealth Minister; or
(c) a member of the staff of a Commonwealth Minister who is nominated by
the Minister to receive protected information on the Minister’s behalf;
or
(d) a person acting in the course of his or her duties as a member of the
Parliament of the Commonwealth; or
(e) either:
(i) an aviation industry participant; or
(ii) a person (other than a Departmental official) acting in the course of
his or her duties in an Agency (within the meaning of the Public Service Act
1999);
in a form that does not identify, and is not reasonably capable of being
used to identify, the protected person.
Exceptions to subsection (1)
(3) Subsection (1) does not apply if:
(a) the person discloses the protected information with the consent of the
protected person; or
(b) the protected information is disclosed for the purposes of a
prosecution, or defending a prosecution, of:
(i) an offence against that subsection; or
(ii) an offence against section 137.1 or 137.2 of the Criminal
Code.
Note: A defendant bears an evidential burden in relation to
the matters in subsection (3) (see subsection 13.3(3) of the Criminal
Code).
A person is not to be required to disclose protected information to a
court or tribunal except in a prosecution of an offence mentioned in subsection
21A(2) or paragraph 21B(3)(b).
Neither:
(a) giving protected information; nor
(b) any information, document or thing obtained as a direct or indirect
consequence of giving protected information;
is admissible in evidence against the protected person in a criminal
proceeding, or any other proceeding for the recovery of a penalty, other than a
proceeding under section 137.1 or 137.2 of the Criminal
Code.
Chapter 2 of the Criminal Code applies to all offences against this
Part.
Note: Chapter 2 of the Criminal Code sets out
the general principles of criminal responsibility.
29 Paragraph 23A(1)(e)
Omit “or”.
30 Paragraphs 23A(1)(h) to
(u)
Repeal the paragraphs.
1 The whole of the Act
Repeal the Act.
2 Definitions
In this Schedule:
Corporation means the Federal Airports Corporation.
repeal day means the day on which this item
commences.
residual assets means:
(a) any legal or equitable estates or interests in real or personal
property, including contingent or prospective ones; and
(b) any rights, privileges and immunities including contingent or
prospective ones;
of the Corporation immediately before the repeal day.
residual instruments means instruments that are in force
immediately before the repeal day:
(a) to which the Corporation is a party; or
(b) that were given to, by or in favour of the Corporation; or
(c) in which a reference is made to the Corporation; or
(d) under which any money is or may become payable, or any other property
is to be, or may become liable to be, transferred, conveyed or assigned, to or
by the Corporation.
residual liabilities means liabilities and duties of the
Corporation, including contingent and prospective ones, immediately before the
repeal day.
3 Residual assets and liabilities to become
Commonwealth assets and liabilities
(1) By force of this item:
(a) all the residual assets of the Corporation cease to be assets of the
Corporation and become assets of the Commonwealth on the repeal day;
and
(b) the Commonwealth becomes the Corporation’s successor in law in
relation to those assets immediately after they become assets of the
Commonwealth.
(2) By force of this item:
(a) all residual liabilities of the Corporation cease to be liabilities of
the Corporation and become liabilities of the Commonwealth on the repeal day;
and
(b) the Commonwealth becomes the Corporation’s successor in law in
relation to those liabilities immediately after they become liabilities of the
Commonwealth.
(3) A residual instrument continues to have effect on and after the repeal
day as if a reference in the instrument to the Corporation were a reference to
the Commonwealth.
4 Pending proceedings
If, immediately before the repeal day, proceedings to which the Corporation
was a party are pending in a court, then, on and after the repeal day, the
Commonwealth is substituted for the Corporation in the proceedings and has the
same rights and obligations as the Corporation would have had in the
proceedings.