Federal Register of Legislation - Australian Government

Primary content

A Bill for an Act to establish an Aviation Noise Ombudsman, and for related purposes
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Introduced HR 04 Sep 2000

Aviation Noise Ombudsman Bill 2000
First Reading

1998-1999-2000

The Parliament of the

Commonwealth of Australia

HOUSE OF REPRESENTATIVES

Presented and read a first time

Aviation Noise Ombudsman Bill 2000

No. , 2000

(Mr Albanese)

A Bill for an Act to establish an Aviation Noise Ombudsman, and for related purposes

ISBN: 0642 450986

Contents

Part 1--Preliminary 1

Part 2--Establishment, functions and powers of the Aviation Noise Ombudsman 3

Air Services Act 1995 5

Civil Aviation Act 1988 5

Ombudsman Act 1976 5

A Bill for an Act to establish an Aviation Noise Ombudsman, and for related purposes

The Parliament of Australia enacts:

Part 1--Preliminary

1 Short title This Act may be cited as the Aviation Noise Ombudsman Act 2000.

2 Commencement This Act commences on the date to be fixed by proclamation.

3 Definitions In this Bill, unless the contrary intention appears:

AA means Airservices Australia established by the Air Services Act 1995.

Commonwealth Ombudsman means the Commonwealth Ombudsman established by the Ombudsman Act 1976.

Ombudsman means the Aviation Noise Ombudsman.

4 Schedule(s) Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

Part 2--Establishment, functions and powers of the Aviation Noise Ombudsman

5 Establishment

As soon as practicable after the commencement of this Act, an Aviation Noise Ombudsman shall be appointed by the Chief Executive Officer of AA.

6 Functions

(1) The Ombudsman shall serve as a point of liaison between AA and the public on aircraft noise and related issues, in relation to populated areas affected by aircraft arriving at and departing from all airports subject to the Civil Aviation Act 1988.

(2) The Ombudsman shall be consulted when AA or any other relevant agency proposes any changes to aircraft routes in order to ensure that any route changes minimise aircraft noise in populated areas.

(3) The Ombudsman shall refer any complaints relating to aircraft noise in populated areas to the Commonwealth Ombudsman who shall take appropriate action in relation to such complaints.

7 Powers

The Ombudsman has power to do all things necessary or convenient to be done for or in connection with the performance of his or her functions.

8 Consultation

In the performance of his or her functions and the exercise of his or her powers, the Ombudsman must, where appropriate, consult with government, commercial, industrial, consumer, community and other relevant bodies and organisations.

9 Appointment and remuneration

(1) A person appointed as the Ombudsman holds office for the period (not longer than 3 years) specified in the instrument of appointment, but is eligible for re-appointment.

(2) The Ombudsman is to be paid the remuneration determined by the Remuneration Tribunal.

(3) The remuneration of the Ombudsman is to be paid out of funding appropriated to AA for its operation as a Commonwealth authority.

(4) Expenditure by the Ombudsman in performance of his or her functions is to be funded by AA out of funding appropriated to AA for its operations as a Commonwealth authority.

10 Regulations

The Governor General may make regulations prescribing matters:

(a) required or permitted under this Act to be prescribed; or

(b) necessary or convenient to be prescribed for carrying out or giving effect to the Act.

Schedule 1--Consequential amendment of other Acts Air Services Act 1995

1 Section 10

After "including", insert "the Aviation Noise Ombudsman,".

Civil Aviation Act 1988

2 At the end of subsection 9(3)

Add:

; (h) co-operating with the Aviation Noise Ombudsman as required.

3 At the end of paragraph 9A(2)(b)

Add "including excessive noise in populated areas".

Ombudsman Act 1976

4 At the end of paragraph 5(1)(b)

After "by a prescribed authority", insert:

", except when the action relates to a proposal to change an aircraft route which may result in increased noise over populated areas, and is subject to investigation by the Aviation Noise Ombudsman".

5 After subsection 5(1)

Insert:

(1A) When an action or complaint under subsection 5(1) relates to aircraft noise, the Commonwealth Ombudsman shall consult with the Aviation Noise Ombudsman.

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