1998-1999-2000

A Bill for an Act to amend legislation relating to aviation, and for related purposes

The Parliament of Australia enacts:

1 Short title

This Act may be cited as the Aviation Legislation Amendment Act (No. 2) 2000.

2 Commencement

(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.

3 Schedule(s)

Subject to section 2, each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

Schedule 1—Civil Aviation Act 1988

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

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

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

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:

31A Enforceable undertakings

(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;

Schedule 2—Civil Aviation (Carriers’ Liability) Act 1959

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

(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”.