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This is a Bill, not an Act. For current law, see the Acts databases.
2002-2003
The Parliament of
the
Commonwealth of
Australia
HOUSE OF
REPRESENTATIVES
Presented and read a first
time
Civil
Aviation Legislation Amendment (Mutual Recognition with New Zealand and Other
Matters) Bill 2003
No. ,
2003
(Transport and Regional
Services)
A Bill for an Act to amend the
law relating to aviation, and for related purposes
Contents
Civil Aviation Act
1988 3
Civil Aviation (Carriers’ Liability) Act
1959 17
Part 1—References to foreign
aircraft 18
Civil Aviation Act
1988 18
Part 2—Ongoing licence
conditions 19
Civil Aviation Act
1988 19
A Bill for an Act to amend the law relating to aviation,
and for related purposes
The Parliament of Australia enacts:
This Act may be cited as the Civil Aviation Legislation Amendment
(Mutual Recognition with New Zealand and Other Matters) Act 2003.
(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 |
|
|
3. Part 1 of Schedule 2 |
The day after the day on which this Act receives the Royal Assent |
|
|
4. Part 2 of Schedule 2 |
At the same time as the provisions covered by item 2 of this
table |
|
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.
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repealed as set out in the applicable items in the Schedule concerned, and any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:
ANZA is short for Australia New Zealand Aviation.
2 Subsection 3(1)
Insert:
ANZA activities in Australian territory, in relation to a New
Zealand ANZA safety certification, means:
(a) if the safety certification is a New Zealand AOC with ANZA
privileges—the operations in, or flights into or out of, Australian
territory that are authorised by the AOC, to the extent that it is expressed to
be issued under section 11G of the Civil Aviation Act 1990 of New Zealand;
and
(b) if the safety certification is another aviation document granted by
the Director of CAA New Zealand—the activities in Australian territory
that are authorised by the aviation document, to the extent that it is expressed
to be issued under section 9 of the Civil Aviation Act 1990 of New Zealand
and rules made under that Act for the purposes of the ANZA mutual recognition
agreements.
3 Subsection 3(1)
Insert:
ANZA activities in New Zealand, in relation to an Australian
ANZA safety certification, means:
(a) if the safety certification is an Australian AOC with ANZA
privileges—the operations in, or flights into or out of, New Zealand that
are authorised by the AOC, to the extent that it is expressed to be issued for
the purposes of the ANZA mutual recognition agreements; and
(b) if the safety certification is a civil aviation authorisation (not
being an Australian AOC with ANZA privileges)—the activities in New
Zealand that are authorised by the authorisation, to the extent that it is
expressed to be issued for the purposes of the ANZA mutual recognition
agreements.
4 Subsection 3(1)
Insert:
ANZA mutual recognition agreements means the agreement or
arrangement, or agreements or arrangements, as amended and in force from time to
time, identified in regulations made for the purposes of this
definition.
5 Subsection 3(1) (at the end of the definition of
AOC)
Add:
Note: In some provisions AOC is used in the
context of a New Zealand AOC with ANZA privileges (which is a document granted
under the Civil Aviation Act 1990 of New Zealand).
6 Subsection 3(1)
Insert:
Australian ANZA safety certification means:
(a) an Australian AOC with ANZA privileges; or
(b) a civil aviation authorisation (not being an Australian AOC with ANZA
privileges) that is expressed, wholly or partly, to be issued for the purposes
of the ANZA mutual recognition agreements.
Note: For civil aviation authorisations covered by
paragraph (b), see regulations (if any) made for the purpose of paragraph
98(3)(ca).
7 Subsection 3(1)
Insert:
Australian AOC with ANZA privileges means an AOC that
is expressed, wholly or partly, to be issued for the purposes of the ANZA mutual
recognition agreements (see subsections 27(2AA) to (2AC)).
8 Subsection 3(1)
Insert:
Australian temporary stop notice has the meaning given by
subsection 28D(1).
9 Subsection 3(1)
Insert:
CAA New Zealand means the Civil Aviation Authority
established by the Civil Aviation Act 1990 of New Zealand, or any
successor to that Authority.
10 Subsection 3(1)
Insert:
Director of CAA New Zealand has the same meaning as
Director has in the Civil Aviation Act 1990 of New
Zealand.
11 Subsection 3(1)
Insert:
in force for Australia, in relation to a New Zealand AOC with
ANZA privileges, has the meaning given by section 3AA.
12 Subsection 3(1)
Insert:
New Zealand has the same meaning as in the Interpretation Act
1999 of New Zealand.
13 Subsection 3(1)
Insert:
New Zealand ANZA safety certification means:
(a) a New Zealand AOC with ANZA privileges; or
(b) another aviation document granted by the Director of CAA New Zealand
that is expressed, wholly or partly, to be issued under section 9 of the
Civil Aviation Act 1990 of New Zealand and rules made under that Act for the
purposes of the ANZA mutual recognition agreements.
14 Subsection 3(1)
Insert:
New Zealand AOC with ANZA privileges has the same meaning as
in section 2 of the Civil Aviation Act 1990 of New Zealand.
15 Subsection 3(1)
Insert:
New Zealand temporary stop notice has the same meaning as in
section 2 of the Civil Aviation Act 1990 of New Zealand.
16 After section 3
Insert:
(1) For the purposes of this Act, a New Zealand AOC with ANZA privileges
is in force for Australia if the AOC:
(a) is current under the Civil Aviation Act 1990 of New Zealand;
and
(b) has come into force for Australia under subsection 28C(1) of this
Act.
(2) However, while an Australian temporary stop notice is in force in
relation to particular activities authorised by a New Zealand AOC with ANZA
privileges, the AOC is not in force for Australia in relation to
those activities.
17 At the end of section 7
Add:
; and (c) ANZA activities in New Zealand authorised by Australian ANZA
safety certifications.
18 After paragraph 9(1)(b)
Insert:
(ba) ANZA activities in New Zealand authorised by Australian ANZA safety
certifications;
19 Before paragraph 9(3)(a)
Insert:
(aa) implementing the ANZA mutual recognition agreements;
20 At the end of subsection
26(2)
Add:
; or (e) as authorised by a New Zealand AOC with ANZA privileges that is
in force for Australia (but only so far as it authorises ANZA activities in
Australian territory).
Note: For when a New Zealand AOC with ANZA privileges is in
force for Australia, see section 3AA.
21 After Division 1 of
Part III
Insert:
(1) This Division contains various general provisions relating to the
mutual recognition of aviation safety certifications between Australia and New
Zealand.
(2) Other provisions of this Act also deal with mutual recognition of
aviation safety certifications between Australia and New Zealand, as set out in
the table below.
|
Outline of other provisions of this Act that deal with mutual
recognition |
||
|---|---|---|
|
Item |
For provisions concerning... |
See... |
|
1 |
New Zealand AOCs that will be recognised in Australia (known as New
Zealand AOCs with ANZA privileges) |
(a) section 3AA (when a New Zealand AOC with ANZA privileges is in
force for Australia) (b) paragraph 26(2)(e) and subsection 27(2) (operating in Australia under
such an AOC) (c) section 28C (holder of such an AOC to provide certain documents
and information to CASA) (d) sections 28D and 28E (the Director’s power to issue and
revoke Australian temporary stop notices) |
|
2 |
Australian AOCs that will be recognised in New Zealand (known as
Australian AOCs with ANZA privileges) |
(a) subsections 27(2AA) to (2AC) (CASA’s power to issue Australian
AOCs with ANZA privileges) (b) paragraph 28(1)(e) and section 28B (additional conditions for
issue of such AOCs) (c) subsection 28BD(2) (holders of such AOCs to comply with New Zealand
law) (d) section 28F (CASA’s obligations in response to a New Zealand
temporary stop notice) |
|
3 |
Mutual recognition of aviation safety certifications other than
AOCs |
paragraph 98(3)(ca) (regulations may allow for mutual recognition of
aviation safety certifications) |
|
4 |
Other aspects of mutual recognition |
(a) subsection 3(1) (definitions of key terms) (b) paragraph 7(c) (extension of Act to New Zealand activities) (c) paragraph 9(1)(ba) (CASA’s safety regulation role in relation to
New Zealand activities) (d) paragraph 9(3)(aa) (CASA’s role in implementing the ANZA mutual
recognition agreements) (e) Part IIIA (use of powers to monitor compliance with New Zealand
law) |
(1) CASA may disclose information (including personal information) to the
Director of CAA New Zealand for a purpose connected with the ANZA mutual
recognition agreements.
(2) In this section:
personal information has the same meaning as in
section 6 of the Privacy Act 1988.
Before taking any action under this Act or the regulations that would or
might affect the ANZA activities in New Zealand that an Australian ANZA safety
certification authorises, CASA must:
(a) if required by the ANZA mutual recognition agreements, consult the
Director of CAA New Zealand; and
(b) carry out the consultation in accordance with the ANZA mutual
recognition agreements.
(1) The Director may, in writing, delegate all or any of CASA’s
powers under this Act, other than Part IIIA, to an employee of CAA New
Zealand for the purposes of the ANZA mutual recognition agreements.
(2) A delegate is, in the exercise of a power delegated under
subsection (1), subject to the directions of the Director.
(1) Subject to subsection (2), an officer may exercise powers or
perform functions delegated to the officer under the Civil Aviation Act 1990
of New Zealand, but only so far as they relate to New Zealand ANZA safety
certifications.
(2) Subsection (1) does not apply to powers or functions conferred by
section 15, 21 or 24 of the Civil Aviation Act 1990 of New
Zealand.
22 Subsection 27(2)
After “AOC”, insert “, by a New Zealand AOC with ANZA
privileges that is in force for Australia (but only so far as it authorises ANZA
activities in Australian territory)”.
23 At the end of subsection
27(2)
Add:
Note: For when a New Zealand AOC with ANZA privileges is in
force for Australia, see section 3AA.
24 After subsection 27(2)
Insert:
(2AA) For the purpose of the ANZA mutual recognition agreements, CASA may
issue an AOC that authorises aircraft to operate in, or fly into or out of, New
Zealand, but only if the AOC also authorises aircraft to operate in, or fly into
or out of, Australian territory.
Note: The kind of operations authorised by the AOC in New
Zealand need not be the same kind of operations as are authorised by the AOC in
Australian territory.
(2AB) Subsection (2AA) is not intended to limit the circumstances in
which CASA may, otherwise than for the purpose of the ANZA mutual recognition
agreements, issue an AOC that covers matters referred to in that
subsection.
(2AC) An AOC that is, to an extent (whether wholly or partly), issued for
the purpose of the ANZA mutual recognition agreements, must be expressed to be
issued for that purpose to that extent.
25 At the end of
section 27
Add:
(10) For the purpose of subsection (2A) as it applies to an
Australian AOC with ANZA privileges, a foreign registered aircraft does not
include an aircraft registered in New Zealand.
26 Subsection 27AE(4) (definition of foreign
aircraft AOC)
Repeal the definition, substitute:
foreign aircraft AOC means:
(a) an AOC (other than an Australian AOC with ANZA privileges) authorising
the operation of a foreign registered aircraft on flights that are not regulated
domestic flights; or
(b) an Australian AOC with ANZA privileges authorising the operation of a
foreign registered aircraft, other than an aircraft registered in New Zealand,
on flights that are not regulated domestic flights.
27 Paragraph 28(1)(c)
Repeal the paragraph, substitute:
(c) if the AOC sought is:
(i) an AOC (other than an Australian AOC with ANZA privileges) authorising
the operation of a foreign registered aircraft on regulated domestic flights;
or
(ii) an Australian AOC with ANZA privileges authorising the operation of a
foreign registered aircraft, other than an aircraft registered in New Zealand,
on regulated domestic flights;
CASA is also satisfied that the additional conditions in section 28A
are satisfied; and
28 At the end of subsection
28(1)
Add:
(d) CASA is satisfied that the person does not hold a New Zealand AOC with
ANZA privileges that covers all or any of the AOC operations; and
(e) if the AOC sought is an Australian AOC with ANZA privileges—the
additional conditions in section 28B are satisfied.
29 At the end of Subdivision D of Division 2 of
Part III
Add:
(1) The additional conditions that must be satisfied for the purposes of
paragraph 28(1)(e) are:
(a) that CASA is satisfied that the applicant does not hold an aviation
document granted by the Director of CAA New Zealand that authorises the
applicant to conduct all or any of the ANZA activities in New Zealand that the
AOC will authorise; and
(b) that the Secretary of the Department has advised CASA that, having
regard to the ANZA mutual recognition agreements, the applicant is eligible for
consideration for an Australian AOC with ANZA privileges; and
(c) that CASA is satisfied that the applicant has complied, or is capable
of complying, with the provisions of the Civil Aviation Act 1990 of New Zealand,
and the regulations and rules made under that Act, that will apply to the
applicant in relation to the ANZA activities in New Zealand that the AOC will
authorise; and
(d) that CASA is satisfied that it will be able to effectively regulate
all the operations covered by the application, having regard to the following
matters:
(i) whether the applicant’s supervision of systems that affect the
safety of the operations will be principally undertaken from or within
Australian territory; and
(ii) whether the applicant’s training and supervision of employees
involved in those systems will be undertaken principally from or within
Australian territory; and
(iii) whether the majority of the resources used in those systems that are
required for the operations will be situated within Australian territory;
and
(iv) whether the persons who will control the operations will spend the
majority of their time in Australian territory; and
(e) any applicable additional conditions set out in regulations.
(2) CASA must consult the Director of CAA New Zealand about whether the
conditions referred to in subsection (1) (other than paragraph (1)(b))
are satisfied.
30 At the end of
section 28BD
Add:
(2) The holder of an Australian AOC with ANZA privileges must comply with
all requirements of the Civil Aviation Act 1990 of New Zealand, and of the
regulations and rules under that Act, that apply to the holder in relation to
the ANZA activities in New Zealand authorised by the AOC.
31 At the end of Division 2 of
Part III
Add:
(1) A New Zealand AOC with ANZA privileges comes into force for Australia
when the holder gives CASA:
(a) a copy of the AOC; and
(b) written notice of the following:
(i) details of all conditions imposed by the Director of CAA New Zealand
in relation to the AOC;
(ii) the holder’s New Zealand contact details, including business
address, telephone number, fax number (if any), and e-mail address (if
any);
(iii) the holder’s Australian contact details, including business
address, telephone number, fax number (if any), and e-mail address (if
any);
(iv) any other information required by the regulations.
Note: Sections 137.1 and 137.2 of the Criminal Code
create offences for providing false or misleading information or
documents.
(2) If the AOC is varied after it has come into force for Australia, the
holder must give CASA a copy of the varied AOC by the end of 7 days after the
day on which the holder receives the varied AOC or a copy of it.
Penalty: 2 penalty units.
Note 1: Section 137.2 of the Criminal Code
creates an offence for providing false or misleading documents.
Note 2: The obligation to give CASA a copy of the varied AOC
is a continuing obligation and the holder is guilty of an offence for each day,
after the 7 day period, until the copy is given to CASA (see section 4K of
the Crimes Act 1914).
(3) If, after the AOC has come into force for Australia, there is a change
to:
(a) what ANZA activities in Australia are authorised by the AOC;
or
(b) any information previously provided by the holder under
subsection (1) or this subsection;
the holder must give CASA written notice of the change by the end of 7 days
after the day on which the change occurs.
Penalty: 2 penalty units.
Note 1: Section 137.1 of the Criminal Code
creates an offence for providing false or misleading
information.
Note 2: The obligation to notify CASA of a change is a
continuing obligation and the holder is guilty of an offence for each day, after
the 7 day period, until written notice of the change is given to CASA (see
section 4K of the Crimes Act 1914).
(4) Subsections (2) and (3) are offences of strict
liability.
Note: For strict liability, see section 6.1 of the
Criminal Code.
(1) The Director may give the holder of a New Zealand AOC with ANZA
privileges a notice (an Australian temporary stop notice) that
requires the holder to cease conducting all or any of the ANZA activities in
Australian territory that the AOC authorises for the period (which must not be
more than 7 days) specified in the notice.
Note: Section 11J of the Civil Aviation Act 1990 of New
Zealand obliges the Director of CAA New Zealand to consider what action to take
in response to a notice under this subsection.
(2) The Director may issue the notice only if he or she considers that the
conduct of the activities to which the notice will apply constitutes a serious
risk to civil aviation safety in Australian territory.
(3) Subject to section 28E, the notice comes into force when it is
given to the holder and remains in force for the period specified in the
notice.
(4) The notice must state the facts and circumstances which, in the
Director’s opinion, give rise to the serious risk to civil aviation safety
in Australian territory.
(5) The Director must give a copy of the notice to the Director of CAA New
Zealand as soon as practicable after the Director of CASA gives the notice to
the holder.
(6) A failure to comply with subsection (4) or (5) does not
invalidate the notice.
(7) The Director may not delegate the power to give an Australian
temporary stop notice.
(1) The Director may revoke an Australian temporary stop notice by notice
in writing to the holder of the relevant New Zealand AOC with ANZA
privileges.
(2) The Director must revoke an Australian temporary stop notice if, while
the notice is in force, CASA receives notice from the Director of CAA New
Zealand of that Director’s decision in response to the Australian
temporary stop notice, whether or not the decision is to take action.
(3) The Director may not delegate the power to revoke an Australian
temporary stop notice.
(1) If the Director of CAA New Zealand gives CASA a copy of a New Zealand
temporary stop notice that relates to a particular Australian AOC with ANZA
privileges, CASA must consider the notice immediately and decide, as soon as is
practicable, what action (if any) to take under this Act or the regulations in
relation to the AOC or the holder of the AOC.
(2) In deciding what action to take, CASA must comply with the ANZA mutual
recognition agreements.
(3) CASA must notify the Director of CAA New Zealand of its decision, and
if its decision is to take action, what that action is.
Note: CASA must consult the Director of CAA New Zealand if
CASA proposes to take action that would or might affect ANZA activities in New
Zealand (see section 26C).
32 After subsection 32AC(1)
Insert:
(1A) Powers under subsection (1) can only be exercised for the
purpose of finding out whether legislation referred to in paragraph (b) of
the definition of relevant legislation in subsection (2) is
being complied with if a request has been made to CASA, in accordance with the
ANZA mutual recognition agreements, for the exercise of powers under this Part
in relation to that legislation.
33 Subsection 32AC(2) (definition of relevant
legislation)
Repeal the definition, substitute:
relevant legislation means:
(a) this Act, the regulations and the Civil Aviation Orders; and
(b) the Civil Aviation Act 1990 of New Zealand, and the regulations and
rules made under that Act.
34 After subsection 32AD(1)
Insert:
(1A) An application under subsection (1) can only be made for the
purpose of finding out whether legislation referred to in paragraph (b) of
the definition of relevant legislation in subsection 32AC(2) is
being complied with if a request has been made to CASA, in accordance with the
ANZA mutual recognition agreements, for the exercise of powers under this Part
in relation to that legislation.
35 After paragraph 98(3)(c)
Insert:
(ca) allowing for the mutual recognition of aviation safety certifications
in accordance with the ANZA mutual recognition agreements;
Civil Aviation
(Carriers’ Liability) Act 1959
36 Subsection 26(1) (at the end of the definition of
airline licence)
Add:
; or (c) a New Zealand AOC with ANZA privileges (as defined in
section 3 of the Civil Aviation Act 1988) authorising airline
operations.
37 Subsection 26(1) (at the end of the definition of
charter licence)
Add:
; or (c) a New Zealand AOC with ANZA privileges (as defined in
section 3 of the Civil Aviation Act 1988) authorising charter
operations.
Part 1—References
to foreign aircraft
1 Paragraph 7(a)
Omit “foreign aircraft”, substitute “foreign registered
aircraft”.
2 Paragraph 7(aa)
Omit “foreign aircraft”, substitute “foreign registered
aircraft”.
3 Subsection 9(4)
Omit “foreign aircraft”, substitute “foreign registered
aircraft”.
4 Subsection 25(1)
Omit “an aircraft”, substitute “a foreign registered
aircraft”.
5 Subsection 25(2)
Omit “an aircraft”, substitute “a foreign registered
aircraft”.
6 Subsection 25(3)
Omit “foreign aircraft”, substitute “foreign registered
aircraft”.
Note: The heading to section 25 is altered by omitting
“foreign aircraft” and substituting “foreign
registered aircraft”.
7 Subdivision C of Division 2 of Part III
(heading)
Repeal the heading, substitute:
Part 2—Ongoing
licence conditions
8 After paragraph 28BA(1)(a)
Insert:
(aa) the conditions subject to which the AOC has effect because of
section 28BAA;
9 Subsection 28BA(2)
After “paragraph (1)(a)”, insert “or
(aa)”.
10 After section 28BA
Insert:
(1) An AOC has effect subject to the condition that CASA remains satisfied
as mentioned in paragraphs 28(1)(a) and (b) in relation to the operations that
are covered by the AOC.
(2) If the AOC is an Australian AOC with ANZA privileges, the AOC also has
effect subject to the conditions that:
(a) CASA remains satisfied as mentioned in paragraphs 28B(1)(a), (c) and
(d) in relation to the ANZA activities in New Zealand that the AOC authorises;
and
(b) the Secretary of the Department does not advise CASA that, having
regard to the ANZA mutual recognition agreements, the holder of the AOC is no
longer eligible to hold an Australian AOC with ANZA privileges.