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CIVIL AVIATION LEGISLATION AMENDMENT ACT 2003 NO. 83, 2003 - SCHEDULE 4

- Amendment of the Air Services Act 1995

1 Paragraphs 8(1)(a), (aa) and (b)

Repeal the paragraphs, substitute:

(a) providing services and facilities:
(i) for the purpose of Australia or another country giving effect to the Chicago Convention; or
(ii) 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
(iii) otherwise for purposes relating to the safety, regularity or efficiency of air navigation, whether in or outside Australia;
(b) promoting and fostering civil aviation, whether in or outside Australia;
2 Paragraphs 8(1)(d) and (e)

Repeal the paragraphs, substitute:

(d) carrying out activities to protect the environment from the effects of, and the effects associated with, the operation of:
(i) Commonwealth jurisdiction aircraft, whether in or outside Australia; or
(ii) other aircraft outside Australia;
(e) any functions prescribed by regulations in relation to the effects of, and effects associated with, the operation of:
(i) Commonwealth jurisdiction aircraft, whether in or outside Australia; or
(ii) other aircraft outside Australia;
3 At the end of subsection 8(1)

Add:

; (j) 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:
(i) is within the executive or legislative powers of the Commonwealth; and
(ii) utilises AA's spare capacity; and
(iii) maintains or improves the technical skills of AA's employees; and
(iv) does not impede AA's capacity to perform its other functions.
4 After subsection 8(1)

Insert:

(1A)
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:

(a) air traffic services;
(b) an aeronautical information service;
(c) an aeronautical radio navigation service;
(d) an aeronautical telecommunications service;
(e) rescue and fire fighting services.
5 Subsection 8(3)

After "Subject to", insert "subsection (5),".

6 At the end of section 8

Add:

(5)
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.




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