Civil Aviation Amendment Act 2000
No. 8, 2000
An Act to amend the Civil Aviation Act 1988, and for related purposes
[Assented to 7 March 2000]
The Parliament of Australia enacts:
1 Short title
This Act may be cited as the Civil Aviation Amendment Act 2000.
2 Commencement
(1) Subject to this section, this Act commences on the day on which it receives the Royal Assent.
(2) Items 2, 6, 12, 13, 16, 17, 18, 20, 21, 22, 24, 25 and 26 of Schedule 1 commence on a day or days to be fixed by Proclamation.
(3) If a provision referred to in subsection (2) does not commence under that subsection 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) Item 28 of Schedule 1 is taken to have commenced on 15 June 1988.
(5) Item 29 of Schedule 1 is taken to have commenced on 6 July 1995.
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Subject to section 2, each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
4 Transitional and application
(1) A reference to a domestic commercial flight in any of the following documents is taken, after the commencement time, to be a reference to a regulated domestic flight:
(a) an AOC that was in force immediately before the commencement time;
(b) a permission that was in force immediately before the commencement time, being a permission granted under section 27A of the Civil Aviation Act 1988;
(c) an application for an AOC that was made before the commencement time;
(d) an application made before the commencement time under section 27A of the Civil Aviation Act 1988.
(2) The amendments made by items 14, 15 and 19 of Schedule 1 to this Act apply to applications determined after the time at which those items commenced.
(3) For the purposes of section 97AB of the Civil Aviation Act 1988, a fee that:
(a) was charged to a person at any time before the commencement of this subsection by an external service provider for a service provided under that Act, under regulations under that Act, or under the Civil Aviation Orders; and
(b) disregarding the amendments made by items 28 and 29 of Schedule 1, was validly charged;
is taken to have been agreed between the external service provider and the person.
(4) The amendments made by item 29 of Schedule 1 do not affect the validity of any regulation made before the commencement of that item, so far as the regulation prescribed fees other than for services provided by, applications or requests dealt with in any way by, or anything done by, an external service provider (within the meaning of section 97AB of the Civil Aviation Act 1988).
(5) In subsection (1):
commencement time means the time at which item 2 of Schedule 1 to this Act commenced.
Schedule 1—Amendment of the Civil Aviation Act 1988
1 Subsection 3(1) (definition of civil aviation authorisation)
Omit “Civil Aviation Regulations”, substitute “regulations”.
2 Subsection 3(1) (definition of domestic commercial flight)
Repeal the definition.
3 Subsection 3(1) (definition of international operating agency)
Omit “Civil Aviation Regulations”, substitute “regulations”.
4 Subsection 3(1) (definition of international registration plan)
Omit “Civil Aviation Regulations”, substitute “regulations”.
5 Subsection 3(1) (definition of joint registration plan)
Omit “Civil Aviation Regulations”, substitute “regulations”.
6 Subsection 3(1)
Insert:
regulated domestic flight means a flight:
(a) that is undertaken wholly within Australia for a purpose prescribed by the regulations for the purposes of subsection 27(9); and
(b) that is not undertaken as part of a flight into or out of Australian territory.
7 Subsection 3(1) (definition of time‑in‑service)
Omit “Civil Aviation Regulations”, substitute “regulations”.
8 Section 20AA
Omit “Civil Aviation Regulations” (wherever occurring), substitute “regulations”.
9 Paragraph 20AA(1)(b)
Omit “those regulations” (wherever occurring), substitute “the regulations”.
10 Paragraph 20AA(3)(a)
After “airworthiness”, insert “(however called)”.
11 Sections 20AB and 20AC
Omit “Civil Aviation Regulations” (wherever occurring), substitute “regulations”.
12 Subsection 27(2A)
Omit “domestic commercial”, substitute “regulated domestic”.
13 Subsection 27(9)
Omit “commercial”.
14 Subsection 27AB(1)
Repeal the subsection.
15 Subsection 27AB(2)
Omit “the applicant” (first occurring), substitute “an applicant for an AOC”.
16 Subsection 27AE(4) (definition of foreign aircraft AOC)
Omit “domestic commercial”, substitute “regulated domestic”.
17 Paragraph 27A(1)(a)
Omit “domestic commercial”, substitute “regulated domestic”.
18 Paragraph 28(1)(c)
Omit “domestic commercial”, substitute “regulated domestic”.
19 Subsection 28(3) (at the end of the definition of key personnel)
Add:
(e) any other position prescribed by the regulations.
20 Subparagraph 28BC(1)(a)(ii)
Omit “domestic commercial”, substitute “regulated domestic”.
Note: The heading to section 28BC is altered by omitting “power to impose or vary” and substituting “powers in relation to suspension, cancellation and”.
21 Paragraph 28BC(1)(b)
Omit “domestic commercial”, substitute “regulated domestic”.
22 Paragraphs 28BC(2)(a) and (b)
Omit “domestic commercial”, substitute “regulated domestic”.
23 Subsection 28BC(3)
Omit “subsections (1) and (2)”, substitute “subsection (1), paragraph (1A)(a), subsection (2) and paragraph (2A)(a)”.
24 Subsection 28BC(4) (definition of mixed authority AOC)
Omit “domestic commercial”, substitute “regulated domestic”.
25 After section 32AH
Insert:
32AHA Magistrate may permit a thing to be retained
(1) An investigator may apply to a magistrate for an order under this section in respect of a thing seized under section 32AH if proceedings in respect of which the thing may afford evidence have not commenced by the later of the following times:
(a) the end of 60 days after the seizure;
(b) if a previous order has been made under this section in respect of the thing—the end of the period specified in the previous order.
(2) Before making the application, the investigator must:
(a) take reasonable steps to discover who has an interest in the retention of the thing; and
(b) if it is practicable to do so, notify each such person of the proposed application.
(3) If the magistrate is satisfied that it is necessary for the investigator to continue to retain the thing:
(a) for the purposes of an investigation as to whether an offence against this Act or the regulations has been committed; or
(b) to enable evidence of an offence against this Act to be secured for the purposes of a prosecution;
the magistrate may order that the investigator may retain the thing for a period (not exceeding 90 days) specified in the order.
(4) Paragraph 32AH(1)(c) continues to apply to the thing throughout the specified period.
26 After section 32AK
Insert:
32AL Destruction of certain goods
A court of competent jurisdiction may, on application by CASA, make an order authorising CASA to destroy specified goods seized under section 32AH, if the court is satisfied that:
(a) apart from this section, an investigator is required to return the goods to a person; and
(b) either:
(i) the investigator cannot, despite making reasonable efforts, locate the person; or
(ii) the person has refused to take possession of the goods.
32AM Compensation for acquisition of property
(1) If:
(a) apart from this section, the operation of this Part would result in the acquisition of property from a person otherwise than on just terms; and
(b) the acquisition would be invalid because of paragraph 51(xxxi) of the Constitution;
CASA is liable to pay compensation of a reasonable amount to the person in respect of the acquisition.
(2) If CASA and the person do not agree on the amount of the compensation, the person may institute proceedings in a court of competent jurisdiction for the recovery from CASA of such reasonable amount of compensation as the court determines.
(3) In this section:
acquisition of property has the same meaning as in paragraph 51(xxxi) of the Constitution.
just terms has the same meaning as in paragraph 51(xxxi) of the Constitution.
27 After section 97
Insert:
97AA Prescribed fees payable to CASA
(1) A fee prescribed by regulations made under a provision of this Act is payable to CASA.
(2) An unpaid fee is a debt due to CASA and recoverable by CASA in a court of competent jurisdiction.
(3) The regulations may make provision for the collection and recovery of any unpaid fees. In particular, the regulations may:
(a) prescribe the time when fees are due for payment; and
(b) prescribe penalties for late payment of fees.
(4) A penalty prescribed by the regulations must not exceed a penalty equivalent to 1.5% of the unpaid amount of the fee for each month or part of a month during which the fee is unpaid, calculated from the date on which the fee is due and payable, and compounded.
28 After section 97AA
Insert:
97AB Charging of fees by external service providers
(1) An external service provider may charge a person such fee as is agreed between the external service provider and the person for any service provided by the external service provider under this Act, the regulations or the Civil Aviation Orders.
(2) The fee is payable to the external service provider.
(3) The fee must not be such as to amount to taxation.
(4) If the fee is unpaid, it is a debt due to the external service provider and is recoverable in a court of competent jurisdiction.
(5) In this section:
external service provider means a person who is the holder of a delegation under this Act or the regulations, or who is an authorised person within the meaning of the regulations, other than a person in any of the following capacities:
(a) a member;
(b) an officer;
(c) a person who provides services to CASA under a contract with CASA;
(d) a person who, under a contract with CASA, provides services to the public on CASA’s behalf;
(e) an employee of a person referred to in paragraph (c) or (d).
provide a service includes deal with an application or request or do anything.
29 At the end of paragraph 98(3)(u)
Add “, other than services provided by, applications or requests dealt with in any way by, or anything done by, an external service provider (within the meaning of section 97AB)”.
30 At the end of subsection 98(3A)
Add:
For this purpose, modifications includes omissions, additions and substitutions.
31 After subsection 98(5)
Insert:
(5A) The regulations may empower CASA to issue written instruments in relation to the following:
(a) matters affecting the safe navigation and operation, or the maintenance, of aircraft;
(b) the airworthiness of aircraft.
An instrument must not prescribe a penalty.
(5B) An instrument issued under subsection (5A) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.
(5C) Subsection (5A) is not taken to affect CASA’s power to issue directions or instructions under paragraph 98(3)(h).
[Minister’s second reading speech made in—
House of Representatives on 9 December 1998
Senate on 19 April 1999]