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This is a Bill, not an Act. For current law, see the Acts databases.
1998-1999-2000
The Parliament
of the
Commonwealth of
Australia
HOUSE OF
REPRESENTATIVES
Presented and read a first
time
Aviation
Legislation Amendment Bill (No. 2)
2000
No. ,
2000
(Transport and Regional
Services)
A Bill for an Act to amend
legislation relating to aviation, and for related purposes
ISBN: 0642 43557X
Contents
A Bill for an Act to amend legislation relating to
aviation, and for related purposes
The Parliament of Australia enacts:
This Act may be cited as the Aviation Legislation Amendment Act
(No. 2) 2000.
(1) Subject to subsection (2), this Act commences on the day on which
it receives the Royal Assent.
(2) Schedule 2 is taken to have commenced at the same time as
Schedule 4 to the Aviation Legislation Amendment Act (No. 1)
1998 commenced.
Subject to section 2, 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this Act is amended or repealed as set out in the applicable items in the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 Subsection 3(1)
Insert:
aeronautical product means any part, apparatus, accessory,
instrument, mechanism, equipment or material that is, or is designed to be, a
part of or used in an aircraft, unless excluded by the regulations.
2 Subsection 3(1)
Insert:
maintenance means any task required to ensure the continuing
airworthiness of an aircraft or aeronautical product, including any one or
combination of overhaul, repair, inspection, replacement of an aeronautical
product, modification or defect rectification.
3 Subsection 3(1)
Insert:
servicing, in relation to an aircraft, means preparing the
aircraft for flight, including checking and replenishing fuel and other fluids
of the aircraft.
4 After paragraph 9(3)(c)
Insert:
(ca) entering into 83 bis agreements on behalf of Australia;
5 Subsection 20AA(1)
Repeal the subsection, substitute:
(1) A person must not fly an aircraft within Australian territory
if:
(a) the aircraft is not registered under the regulations; and
(b) the aircraft is, under this Act or those regulations, required to be
registered under those regulations; and
(c) the person knows of, or is reckless as to, the matters in
paragraphs (a) and (b).
Penalty: Imprisonment for 2 years.
(1A) Subsection (1) does not apply to an aircraft that is employed in
private operations and that possesses the nationality of a Contracting
State.
6 Subsections 20AA(3), (4) and
(5)
Repeal the subsections, substitute:
(3) An operator or pilot of an Australian aircraft must not commence a
flight in the aircraft, or permit a flight in the aircraft to commence,
if:
(a) there is no certificate of airworthiness under the regulations in
force in respect of the aircraft; and
(b) the regulations do not authorise the flight without the certificate;
and
(c) the person knows of, or is reckless as to, the matters in
paragraphs (a) and (b).
Penalty: Imprisonment for 2 years.
(4) An operator or pilot of an Australian aircraft must not commence a
flight in the aircraft, or permit a flight in the aircraft to commence,
if:
(a) one or more of the following apply:
(i) there is a maintenance requirement outstanding;
(ii) the aircraft will require maintenance before the flight can
end;
(iii) there is a defect or damage that may endanger the safety of the
aircraft or any person or property;
(iv) the aircraft is unsafe for flight; and
(b) the person knows of, or is reckless as to, the matter or matters in
paragraph (a).
Penalty: Imprisonment for 2 years.
7 Subsection 20AB(2)
Repeal the subsection, substitute:
(2) A person must not carry out maintenance on:
(a) an Australian aircraft; or
(b) an aeronautical product in Australian territory; or
(c) an aeronautical product for an Australian aircraft;
if the person knows that, or is reckless as to whether, the person is not
permitted by or under the regulations to carry out that maintenance.
Penalty: Imprisonment for 2 years.
8 Subsection 20AB(4)
Repeal the subsection, substitute:
(4) In this section, flight time has the same meaning as in
the regulations.
9 Subsection 24(2)
Repeal the subsection, substitute:
(2) A person must not tamper with:
(a) an aircraft; or
(b) an aeronautical product, that is of such a type that tampering with it
may endanger the safety of an aircraft or any person or property;
if the person knows that, or is reckless as to whether, tampering with it
may endanger the safety of the aircraft or any person or property.
Penalty: Imprisonment for 2 years.
10 Subsection 27AC(3) (definition of aircraft
component)
Repeal the definition.
11 Subsection 27AC(3) (definition of aircraft
material)
Repeal the definition.
12 Subsection 27AC(3) (paragraph (b) of the
definition of inspection or test)
Repeal the paragraph, substitute:
(b) any aeronautical product that is a part of, or that relates to, any
aircraft covered by the application;
13 Subsection 28(3) (paragraph (c) of the
definition of key personnel)
After “aircraft maintenance”, insert
“control”.
14 Subparagraph
28A(1)(d)(iii)
Repeal the subparagraph, substitute:
(iii) of the country or countries in which maintenance was carried out on
the aircraft during that year, other than routine checks, inspections and
malfunction rectifications performed en route and at base stations on the
aircraft during transit, turn-around or night stops; and
15 Subparagraph
28A(1)(g)(ii)
Repeal the subparagraph, substitute:
(ii) the name and address of the person responsible for controlling the
maintenance of the aircraft (whether or not the person is the applicant);
and
(iii) a separate signed statement from each of those persons that they
understand their respective responsibilities under the regulations.
16 Subsection 28A(2)
Repeal the subsection.
17 After section 31
Insert:
(1) CASA may accept a written undertaking given by a person in connection
with a matter in relation to which CASA has a function or power under this Act
or the regulations.
(2) The person may withdraw or vary the undertaking at any time, but only
with the consent of CASA.
(3) If CASA considers that the person who gave the undertaking has
breached any of its terms, CASA may apply to the Federal Court of Australia for
an order under subsection (4).
(4) If the Court is satisfied that the person has breached a term of the
undertaking, the Court may make all or any of the following orders:
(a) an order directing the person to comply with that term of the
undertaking;
(b) an order directing the person to pay to the Commonwealth an amount
that the Court considers appropriate in the circumstances;
(c) any other order that the Court considers appropriate.
1 Section 5
Insert:
Australian citizen has the same meaning as in the
Australian Citizenship Act 1948.
2 Section 5
Insert:
Australian person means:
(a) an individual who is an Australian citizen or is ordinarily resident
in Australia; or
(b) the Commonwealth, a State or a Territory; or
(c) a person who is a nominee of the Commonwealth or of a State or a
Territory; or
(d) a Commonwealth, State or Territory authority; or
(e) a person who is a nominee of a Commonwealth, State or Territory
authority; or
(f) a local government body (whether incorporated or not) formed by or
under a law of a State or a Territory; or
(g) a person who is a nominee of a local government body referred to in
paragraph (f); or
(h) a body corporate that:
(i) is incorporated by or under a law of the Commonwealth or of a State or
a Territory; and
(ii) is substantially owned and effectively controlled by persons referred
to in paragraph (a), (b), (c), (d), (e), (f), (g) or (i); or
(i) a person in the capacity of a trustee, or manager, of a fund in which
the total interests (if any) of persons referred to in paragraph (a), (b),
(c), (d), (e), (f), (g) or (h) represent 60% or more of the total interests in
the fund.
3 Subsection 11A(2) (at the end of
paragraph (b) of the definition of Australian international
carrier)
Add “and who is an Australian person”.
4 Subsection 21A(2) (at the end of
paragraph (b) of the definition of Australian international
carrier)
Add “and who is an Australian person”.