AUSTRALIAN NATIONAL AIRLINES ACT 1945 - Incorporating all amendments by
legislation made to 31 December 1979
- Reprinted as at 31 December 1979 (HISTACT CHAP 217 #DATE 31:12:1979)
*1* The Australian National Airlines Act 1945 (a) as shown in this reprint
comprises Act No. 31, 1945 as amended by the other Acts specified in the
following table:
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Act Number
and year Date of
Assent Date of
commencement
----------------------------------------------------------------------------
Australian National
Airlines Act 1945 No. 31, 1945 16 Aug 1945 17 Apr 1946 (see
Gazette
1946, p. 1068)
Australian National
Airlines Act 1947 No. 90, 1947 11 Dec 1947 11 Dec 1947
Australian National
Airlines Act 1952 No. 102, 1952 18 Nov 1952 Ss. 3 and 4: 17 Apr
1946
Remainder: 16 Dec
1952 Australian National
Airlines Act 1956 No. 105, 1956 15 Nov 1956 23 Oct 1956
Airlines Equipment Act 1958 No. 70, 1958 10 Oct 1958 10 Oct 1958
Australian National
Airlines Act 1959 No. 3, 1959 21 Apr 1959 Ss. 13, 20, 21 and
22: 1
Oct 1959 (see
Gazette
1959, p. 3449)
Remainder: Royal
Assent
Australian National
Airlines Act 1961 No. 71, 1961 27 Oct 1961 27 Oct 1961
Statute Law Revision
(Decimal
Currency) Act 1966 No. 93, 1966 29 Oct 1966 1 Dec 1966
Australian National
Airlines Act 1970 No. 55, 1970 25 June 1970 25 June 1970
Australian National
Airlines Act 1972 No. 130, 1972 2 Nov 1972 2 Nov 1972
Australian National
Airlines Act 1973 No. 92, 1973 24 Aug 1973 21 Sept 1973
Statute Law Revision Act
1973 No. 216, 1973 19 Dec 1973 31 Dec 1973
Postal and
Telecommunications
Commissions
(Transitional Provisions)
Act 1975 No. 56, 1975 12 June 1975 Ss. 4 and 38: 1
July
1975 (see s. 2 (1)
and Gazette 1975, No.
S122, p. 1)
Remainder: 12 June
1975
Administrative Changes
(Consequential Provisions)
Act 1976 No. 91, 1976 20 Sept 1976 20 Sept 1976 (b)
Administrative Changes
(Consequential Provisions)
Act 1978 No. 36, 1978 12 June 1978 12 June 1978
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(a) This citation is provided for by the Amendments Incorporation Act 1905
and the Acts Citation Act 1976.
(b) By virtue of sub-section 2 (7) of the Administrative Changes
(Consequential Provisions) Act 1976 the amendment made by that Act to the
Australian National Airlines Act 1945 is deemed to have come into operation
on
22 December 1975.
AUSTRALIAN NATIONAL AIRLINES ACT 1945 - TABLE OF PROVISIONS
TABLE
TABLE OF PROVISIONS
PART I-PRELIMINARY
Section
1. Short title
2. Commencement
3. (Repealed)
4. Interpretation
5. Extension of Act to Territories
PART II-THE NATIONAL AIRLINE SERVICES
Division 1-Establishment and Constitution of the Australian
National Airlines Commission
6. Australian National Airlines Commission
7. Composition of Commission
8. Term of office of Commissioners
9. Remuneration of Commissioners
10. Absence of Commissioners
11. Leave of absence
12. Dismissal of Commissioner
13. Resignation of Commissioners
14. Vacation of office
15. Meetings of Commission
16. Delegation of powers by Commission
17. Appointment of officers
18. Temporary and casual employees
18A. Preservation of rights
18B. Public Service Arbitration Act not to apply
Division 2-Powers, Functions and Duties of the Commission
19. Functions of Commission
19A. Powers of Commission by virtue of matters referred by State
Parliaments, &c.
19B. Powers of Commission as regards intra-State transport
19C. Aerial services
19D. Establishment, &c., of hotels and other establishments
19E. Joint services
19F. Services in Papua New Guinea
19G. Use of engineering equipment for outside work
19H. Powers of Commission
20. Fares and charges
21. Power to purchase and dispose of assets
22. Contracts for transport of mails
23. General contractual powers of Commission
24. (Repealed)
25. Alterations made by direction of Minister
26. Contracts by the Commission-how made
27. Commission may compound for breach of contract
28. Limitation of powers
29. Application of Air Navigation Regulations
Division 3-Finances of the Commission
30. Capital of Commission
30A. Payments to Commonwealth
31. Borrowing by the Commission
31A. Transfer of superannuation provisions
32. Financial policy of Commission
33. Bank accounts
34. Application of moneys
35. Proper accounts to be kept
36. Audit
37. Liability of Commission to pay rates, taxes and charges
37A. Insurance
38. Profits of Commission
39. (Repealed)
Division 4-Reports
40. Annual report of Commission
41. Further reports to Minister
42. Minister to accord Commission and its competitors equal treatment
43. Compliance with Airlines Agreements
PARTS III, IV AND V (Sections 44-59) (Repealed)
PART VI-PENALTIES AND PROCEDURE
60. Recovery of fares or charges
61. Damage to be made good in addition to penalty
62. Arrest of offenders
63. Limitation of actions against the Commission
64. (Repealed)
PART VII-MISCELLANEOUS
65, 66.< (Repealed)
67. Application of the Commonwealth Employees' Compensation Act
1930-1944
68. Insurance
69. By-laws
70. Regulations
AUSTRALIAN NATIONAL AIRLINES ACT 1945 - LONG TITLE
SECT
An Act to provide for the Establishment and Operation of National Airline
Services by the Commonwealth and for other purposes
AUSTRALIAN NATIONAL AIRLINES ACT 1945 - PREAMBLE.
Preamble.
SECT
WHEREAS, in order to ensure, amongst other things, that-
(a) trade and commerce with other countries and among the States are
fostered and encouraged to the greatest possible extent;
(b) the maintenance and development of the Defence Force of the
Commonwealth
in relation to the defence of Australia by air and the establishment of plant
and equipment necessary for that Force are assured;
(c) the development of the Territories is promoted with the utmost
expedition; and
(d) the carriage of mail by air within Australia is promoted to meet the
needs of the people of Australia,
it is expedient to provide for the matters hereinafter set out:
BE it therefore enacted by the King's Most Excellent Majesty, the Senate,
and
the House of Representatives of the Commonwealth of Australia, as follows:-
AUSTRALIAN NATIONAL AIRLINES ACT 1945 - SECT. 1.
Short title.
SECT
PART I-PRELIMINARY
1. This Act may be cited as the Australian National Airlines Act 1945.*1*
See notes to first article of this Chapter.
AUSTRALIAN NATIONAL AIRLINES ACT 1945 - SECT. 2.
Commencement.
SECT
2. This Act shall come into operation on a date to be fixed by
Proclamation.*1*
Section 3 repealed by No. 216, 1973, s. 3.
* * * * * * * *
See notes to first article of this Chapter.
AUSTRALIAN NATIONAL AIRLINES ACT 1945 - SECT. 4.
Interpretation.
Amended by No. 90, 1947, s. 3; No. 3, 1959, s. 4; No. 92, 1973, ss. 2 and 21;
and No. 216, 1973, s. 3.
SECT
4. In this Act, unless the contrary intention appears-
"Acting Commissioner" means a person appointed under section 10 to act as
a Commissioner;
"airline licence" means an air-line licence under the Air Navigation
Regulations;
"Air Navigation Regulations" means the Air Navigation Regulations under
the Air Navigation Act 1920-1936 or those regulations as amended from time to
time, and includes any regulations in substitution for those regulations;
"air service" means a service established or conducted by the Commission
for the transport by air of passengers or goods;
"approved bank" means a bank approved by the Treasurer for the purposes of
the provision in which the expression occurs;
"Australia" includes the Territories;
"Commissioner" means member of the Commission and includes an Acting
Commissioner;
"general manager" means the general manager appointed under section 17;
"goods" includes merchandise and chattels of every description, and
animals alive or dead;
"interstate airline service" means a service providing for the transport
by air, for reward, of passengers or goods and operating from one place in
Australia to another place in Australia and having scheduled stopping places
in two or more States;
"scheduled stopping places ", in relation to any airline service, means the
terminal and scheduled intermediate stops specified in the conditions of any
airline licence issued in respect of the service and includes such other
stopping places as are prescribed;
"Territorial airline service" means a service providing for the transport
by air, for reward, of passengers or goods and having a scheduled stopping
place in a Territory;
"the Chairman" means the Chairman of the Commission, and includes a
Commissioner acting as Chairman under section 10;
"the Commission" means the Australian National Airlines Commission
established under this Act;
"the Vice-Chairman" means the Vice-Chairman of the Commission, and
includes a Commissioner appointed under section 10 to act as the
Vice-Chairman;
"this Act" includes the regulations and by-laws made under this Act.
AUSTRALIAN NATIONAL AIRLINES ACT 1945 - SECT. 5.
Extension of Act to Territories.
Substituted by No. 216, 1973, s. 3.
SECT
5. This Act extends to all the Territories.
AUSTRALIAN NATIONAL AIRLINES ACT 1945 - SECT. 6.
Australian National Airlines Commission.
SECT
PART II-THE NATIONAL AIRLINE SERVICES
Division 1-Establishment and Constitution of the Australian National Airlines
Commission
6. (1) For the purposes of this Act, there shall be a Commission to be known
as the Australian National Airlines Commission which, for those purposes and
subject to the provisions of this Act, shall have and may exercise the rights,
powers, authorities and functions conferred, and shall be charged with and
perform the duties and obligations imposed, upon it by this Act.
(2) The Commission shall be a body corporate with perpetual succession and a
common seal, and may acquire, hold and dispose of real and personal property
and shall be capable of suing and being sued in its corporate name.
(3) All courts, judges and persons acting judicially shall take judicial
notice of the seal of the Commission affixed to any document or notice and
shall presume that it was duly affixed.
(4) The Head Office of the Commission shall be established at such place as
the Minister, on the recommendation of the Commission, appoints.
Added by No. 3, 1959, s. 5.
SECT
(5) The exercise or performance of the powers or functions of the Commission
is not affected by reason only of there being a vacancy in the office of a
Commissioner.
AUSTRALIAN NATIONAL AIRLINES ACT 1945 - SECT. 7.
Composition of Commission.
Sub-section (1) amended by No. 3, 1959, s. 6; and No. 92, 1973, s. 3.
SECT
7. (1) The Commission shall consist of seven Commissioners.
Inserted by No. 92, 1973, s. 3.
(1A) A person may be, at the same time, a Commissioner and the general
manager.
(2) One of the Commissioners shall be appointed to be Chairman and one shall
be appointed to be Vice-Chairman of the Commission.
(3) The Commissioners shall be appointed by the Governor- General.
AUSTRALIAN NATIONAL AIRLINES ACT 1945 - SECT. 8.
Term of office of Commissioners.
Substituted by No. 3, 1959, s. 7.
SECT
8. (1) A Commissioner shall be appointed to hold office for a period not
exceeding five years.
(2) A Commissioner is eligible for re-appointment.
AUSTRALIAN NATIONAL AIRLINES ACT 1945 - SECT. 9.
Remuneration of Commissioners.
Substituted by No. 3, 1959, s. 8.
SECT
9. A Commissioner shall be paid such remuneration and allowances as the
Governor-General determines.
AUSTRALIAN NATIONAL AIRLINES ACT 1945 - SECT. 10.
Absence of Commissioners.
Substituted by No. 3, 1959, s. 8.
SECT
10. (1) Where the Minister grants leave of absence to a Commissioner under
the next succeeding section, the Minister may appoint a person to act as a
Commissioner during that absence, and a person so appointed has all the powers
and functions of a Commissioner.
(2) Where the Minister grants leave of absence to the Chairman of the
Commission under the next succeeding section, the Vice-Chairman shall act as
Chairman during the absence.
(3) Where the Minister grants leave of absence to the Vice- Chairman of the
Commission under the next succeeding section, or where the Vice-Chairman is or
will be acting as Chairman, the Commission may appoint a Commissioner (other
than an Acting Commissioner) to act as Vice-Chairman during the absence, or
during the period for which the Vice-Chairman acts as Chairman, as the case
may be.
AUSTRALIAN NATIONAL AIRLINES ACT 1945 - SECT. 11.
Leave of absence.
Substituted by No. 3, 1959, s. 8.
SECT
11. The Minister may grant leave of absence to a Commissioner upon such
terms and conditions as to remuneration or otherwise as the Minister
determines.
AUSTRALIAN NATIONAL AIRLINES ACT 1945 - SECT. 12.
Dismissal of Commissioner.
Substituted by No. 3, 1959, s. 8.
SECT
12. The Governor-General may terminate the appointment of a Commissioner for
inability, inefficiency or misbehaviour.
AUSTRALIAN NATIONAL AIRLINES ACT 1945 - SECT. 13.
Resignation of Commissioners.
Substituted by No. 3, 1959, s. 8.
SECT
13. A Commissioner or an Acting Commissioner may resign his office by
writing under his hand addressed to the Governor-General or the Minister, as
the case may be, but the resignation is not effective unless it has been
accepted by the Governor-General or the Minister, as the case may be.
AUSTRALIAN NATIONAL AIRLINES ACT 1945 - SECT. 14.
Vacation of office.
Substituted by No. 3, 1959, s. 8.
SECT
14. (1) If a Commissioner-
(a) becomes bankrupt, applies to take the benefit of any law for the relief
of bankrupt or insolvent debtors, compounds with his creditors or makes an
assignment of his remuneration for their benefit;
(b) is absent, except on leave granted by the Minister, from three
consecutive meetings of the Commission; or
(c) fails to comply with his obligations under the next succeeding
sub-section,
the Governor-General shall, by notice in the Gazette, declare that the office
of the Commissioner is vacant, and thereupon the office shall be deemed to be
vacant.
(2) A Commissioner who is directly or indirectly interested in a contract
made or proposed to be made by the Commission, otherwise than as a member, and
in common with the other members, of an incorporated company consisting of not
less than twenty-five persons, shall, as soon as possible after the relevant
facts have come to his knowledge, disclose the nature of his interest at a
meeting of the Commission.
(3) A disclosure under the last preceding sub-section shall be recorded in
the minutes of the Commission, and the Commissioner-
(a) shall not take part after the disclosure in any deliberation or
decision of the Commission with respect to that contract; and
(b) shall be disregarded for the purpose of constituting a quorum of the
Commission for any such deliberation or decision.
Amended by No. 92, 1973, s. 21.
SECT
(4) Sub-section (2) does not apply in relation to a contract between a
Commissioner and the Commission for the carriage of the Commissioner or
another person or of any goods.
AUSTRALIAN NATIONAL AIRLINES ACT 1945 - SECT. 15.
Meetings of Commission.
Substituted by No. 3, 1959, s. 8.
SECT
15. (1) The Commission shall hold such meetings as, in the opinion of the
Chairman, are necessary for the efficient conduct of its affairs.
(2) The Minister may at any time convene a meeting of the Commission.
(3) The Chairman shall, on receipt of a written request signed by not less
than two Commissioners, call a meeting of the Commission.
(4) The Chairman shall preside at all meetings of the Commission at which he
is present.
(5) In the event of the absence of the Chairman from a meeting of the
Commission, the Vice-Chairman shall preside at that meeting.
(6) In the event of the absence of both the Chairman and the Vice-Chairman
from a meeting of the Commission, the Commissioners present shall appoint one
of their number to preside at that meeting.
(7) At a meeting of the Commission, three Commissioners constitute a quorum.
(8) A question arising at a meeting of the Commission shall be determined by
a majority of the votes of the Commissioners present.
(9) The person presiding at a meeting of the Commission has a deliberative
vote and, in the event of an equality of votes, also has a casting vote.
Substituted by No. 92, 1973, s. 4.
SECT
(10) The general manager shall, as far as practicable, attend all meetings
of the Commission.
Added by No. 92, 1973, s. 4.
SECT
(11) Where the general manager is not a Commissioner, he shall if the
Commission so directs, retire from a meeting of the Commission.
AUSTRALIAN NATIONAL AIRLINES ACT 1945 - SECT. 16.
Delegation of powers by Commission.
SECT
16. (1) The Commission may in relation to any particular matters or class of
matters or to any particular part of Australia, by writing under its seal,
delegate to any officer or employee or other prescribed person all or any of
its powers under this Act (except this power of delegation), so that the
delegated powers may be exercised by him with respect to the matters or class
of matters or the part of Australia specified in the instrument of delegation.
(2) Every delegation under this section shall be revocable at will, and no
delegation shall prevent the exercise of any power by the Commission.
AUSTRALIAN NATIONAL AIRLINES ACT 1945 - SECT. 17.
Appointment of officers.
SECT
17. (1) The Commission shall appoint a general manager, who shall be the
chief executive officer of the Commission, and it may appoint such other
officers as it thinks necessary.
(2) The officers of the Commission shall constitute the Service of the
Commission.
(3) A person shall not be admitted to the Service of the Commission unless-
(a) he is a natural-born or naturalized British subject;
(b) the Commission is satisfied, upon such medical examination as is
prescribed, as to his health and physical fitness; and
(c) he makes and subscribes an oath or affirmation of allegiance in
accordance with the prescribed form,
and shall not be appointed to a clerical office in that Service unless he has
in open competition successfully passed the prescribed entrance examination:
Provided that the Commission may appoint, to such positions or positions of
such classes as are prescribed, persons who do not possess all the
qualifications specified in this sub-section.
Substituted by No. 3, 1959, s. 9.
SECT
(4) The regulations may provide that persons who possess prescribed
educational qualifications may, notwithstanding the provisions of the last
preceding sub-section, but subject to such conditions (if any) as are
prescribed, be appointed to clerical offices in the Service of the Commission
without having passed the prescribed entrance examination, and such persons
may be appointed accordingly.
(5) Adequate notice and particulars of the prescribed entrance examination
shall be given by the Commission, to the public, by advertisement in the
Gazette and daily newspapers.
(6) The rate of salary payable to the general manager shall be subject to
the approval of the Governor-General.
Amended by No. 3, 1959, s. 9; No. 93, 1966, s. 3; and No. 130, 1972, s. 4.
SECT
(7) The rate of salary payable to any other officer shall, if it exceeds the
rate of Thirteen thousand seven hundred dollars per annum or, if a higher rate
is prescribed, that higher rate, be subject to the approval of the Minister.
(8) Officers appointed by the Commission shall, subject to this section, be
subject to such terms and conditions of employment (including conditions with
respect to punishment for breaches of discipline) as are determined by the
Commission.
Sub-section (9) omitted by No. 102, 1952, s. 3.
* * * * * * * *
AUSTRALIAN NATIONAL AIRLINES ACT 1945 - SECT. 18.
Temporary and casual employees.
SECT
18. The Commission may appoint such temporary or casual employees as it
thinks fit, on such terms and conditions as the Commission determines.
AUSTRALIAN NATIONAL AIRLINES ACT 1945 - SECT. 18A.
Preservation of rights.
Inserted by No. 102, 1952, s. 4; amended by No. 216, 1973, s. 3.
SECT
18A. Where a person appointed in pursuance of either of the last two
preceding sections was, immediately before his appointment, an officer of the
Public Service of the Commonwealth, his service or employment, or both, under
this Act, shall, for the purpose of determining his existing and accruing
rights, be taken into account as if it were service in the Public Service of
the Commonwealth.
AUSTRALIAN NATIONAL AIRLINES ACT 1945 - SECT. 18B.
Public Service Arbitration Act not to apply.
Inserted by No. 105, 1956, s. 3.
SECT
18B. The Public Service Arbitration Act 1920-1956 does not apply in relation
to the employment of officers or employees of the Commission.
AUSTRALIAN NATIONAL AIRLINES ACT 1945 - SECT. 19.
Functions of Commission.
SECT
Division 2-Powers, Functions and Duties of the Commission
Substituted by No. 92, 1973, s. 5.
SECT
19. (1) The functions of the Commission are-
(a) to transport passengers and goods for reward by air between prescribed
places;
(b) to engage in other activities to the extent that they are within the
limits of the powers of the Commission under a provision of this Act other
than this section; and
(c) to provide to the Commonwealth and authorities of the Commonwealth, for
reward, aviation, land transport and engineering services and such other
services as can conveniently be provided by the use of the resources of the
Commission,
and the Commission shall carry on business for the purpose of performing those
functions.
(2) For the purposes of sub-section (1), passengers or goods are transported
between prescribed places if they are transported-
(a) between a place in a State and a place in another State;
(b) between a place in a Territory and a place in Australia outside that
Territory;
(c) between a place in a Territory and another place in that Territory; or
(d) between a place in Australia and a place outside Australia, being
places between which the provision of air transport by the Commission is
approved by the Minister.
AUSTRALIAN NATIONAL AIRLINES ACT 1945 - SECT. 19A.
Powers of Commission by virtue of matters referred by State Parliaments, &c.
Inserted by No. 90, 1947, s. 5.
Sub-section (1) substituted by No. 92, 1973, s. 6.
SECT
19A. (1) This section applies in relation to the State of Queensland and the
State of Tasmania, being States by whose Parliaments the matter of air
transport was referred to the Parliament of the Commonwealth before the
commencement of section 10 of the Australian National Airlines Act 1959.
Inserted by No. 92, 1973, s. 6.
SECT
(1A) Where, after the commencement of section 10 of the Australian National
Airlines Act 1959, and before the commencement of this sub-section, the
Parliament of a State has referred to the Parliament of the Commonwealth the
matter of air transport, or any other matter that is such that, by reason of
the reference, it is within the power of the Parliament of the Commonwealth to
make exercisable by the Commission in that State the powers referred to in
sub-section (1D), the Governor-General may, by Proclamation, declare that this
section applies in relation to that State.
Inserted by No. 92, 1973, s. 6.
SECT
(1B) This section ceases to apply in relation to a State by virtue of
sub-section (1) or (1A) if there ceases to be in force any Act of the
Parliament of the State by which there is referred to the Parliament of the
Commonwealth a matter that is such that, by reason of the reference, it is
within the power of the Parliament of the Commonwealth to make exercisable by
the Commission in that State the powers referred to in sub-section (1D).
Inserted by No. 92, 1973, s. 6.
SECT
(1C) This section applies in relation to a State that adopts this section
and ceases to apply in relation to that State if the State law by which this
section is adopted ceases to be in force.
Inserted by No. 92, 1973, s. 6.
SECT
(1D) The Commission may transport passengers and goods, for reward, by air
between any place in a State in relation to which this section applies and
another place in that State, and the provisions of this Act apply to and in
relation to the provision of transport in accordance with this sub-section in
like manner as they apply to and in relation to the other functions of the
Commission.
Amended by No. 92, 1973, s. 6.
SECT
(2) The Commission shall not-
(a) establish any service by virtue of this section unless the Premier of
the State in which the service is to be established has notified the Prime
Minister in writing that he consents to the establishment and operation of the
service; or
(b) continue the operation of any service in respect of which consent has
been given under the last preceding paragraph after the Premier has notified
the Prime Minister in writing that he withdraws his consent to the operation
of that service.
(3) The Commission shall, in respect of any service operated by it in
pursuance of consent under the last preceding sub-section by the Premier of a
State, pay to the State from time to time amounts equivalent to the licence
fees (if any) which would be payable under the law of the State if the service
were operated by a person other than the Commission.
AUSTRALIAN NATIONAL AIRLINES ACT 1945 - SECT. 19B.
Powers of Commission as regards intra-State transport.
Inserted by No. 92, 1973, s. 7.
SECT
19B. (1) The Commission may, to the extent provided by sub-section (2),
transport passengers or goods for reward by air or by land, or partly by air
and partly by land, between places in the one State.
(2) The powers of the Commission under sub-section (1) may be exercised for
the purposes of the efficient, competitive and profitable conduct of the
business of the Commission in respect of its function under paragraph (a) of
sub-section (1) of section 19 or otherwise as incidental to the carrying on of
that business.
AUSTRALIAN NATIONAL AIRLINES ACT 1945 - SECT. 19C.
Aerial services.
Inserted by No. 92, 1973, s. 7.
SECT
19C. (1) The Commission may, to the extent provided by sub-section (2),
provide, for reward, services that involve the use of aircraft.
(2) The powers of the Commission under sub-section (1) may be exercised for
the purposes of the efficient, competitive and profitable conduct of the
business of the Commission in respect of its function under paragraph (a) of
sub-section (1) of section 19 or otherwise as incidental to the carrying on of
that business.
AUSTRALIAN NATIONAL AIRLINES ACT 1945 - SECT. 19D.
Establishment, &c., of hotels and other establishments.
Inserted by No. 92, 1973, s. 7.
SECT
19D. (1) The Commission may, to the extent provided by sub-section (2),
establish, maintain and operate, or make arrangements with other persons for
or in connexion with the establishment, maintenance and operation of, hotels
or other establishments or enterprises providing accommodation, recreation,
entertainment or other services or facilities.
(2) The powers of the Commission under sub-section (1) may be exercised for
the purposes of the efficient, competitive and profitable conduct of the
business of the Commission in respect of its function under paragraph (a) of
sub-section (1) of section 19 or otherwise as incidental to the carrying on of
that business.
AUSTRALIAN NATIONAL AIRLINES ACT 1945 - SECT. 19E.
Joint services.
Inserted by No. 92, 1973, s. 7.
SECT
19E. (1) The Commission may, subject to sub-section (2), make and carry out
an arrangement with any person, including the Australian Coastal Shipping
Commission or the Commonwealth Railways Commissioner, under which-
(a) passengers or goods are to be transported between-
(i) a place in a State and a place in another State;
(ii) a place in a Territory and a place in Australia outside that
Territory; or
(iii) a place in Australia and a place outside Australia; and
(b) the passengers or goods are to be transported partly by air or road
transport provided by the Commission and partly by transport provided by the
other party.
(2) The Commission shall not, without the approval of the Minister, make an
arrangement under this section under which passengers or goods are to be
transported outside Australia by air transport provided by the Commission.
AUSTRALIAN NATIONAL AIRLINES ACT 1945 - SECT. 19F.
Services in Papua New Guinea.
Inserted by No. 92, 1973, s. 7.
SECT
19F. Upon Papua New Guinea becoming an independent country and the
Commonwealth and the Government of that country entering into arrangements for
the transport, for reward, by the Commission of passengers and goods by air
between places in that country or between places in that country and places
outside Australia and that country, the Commission may transport passengers
and goods in accordance with those arrangements.
AUSTRALIAN NATIONAL AIRLINES ACT 1945 - SECT. 19G.
Use of engineering equipment for outside work.
Inserted by No. 92, 1973, s. 7.
SECT
19G. Where the Commission owns or controls engineering equipment used, or
intended for use, in carrying out its functions, apart from this section, the
Commission may make agreements for the use of that equipment, when it is not
required for use in carrying out those functions, in carrying out work by or
for another person and providing for the making of charges for the use of the
equipment or for the carrying out of the work.
AUSTRALIAN NATIONAL AIRLINES ACT 1945 - SECT. 19H.
Powers of Commission.
Inserted by No. 92, 1973, s. 7.
SECT
19H. (1) The Commission has power to do all things necessary or convenient
to be done for or in connexion with, or as incidental to, the performance of
its functions and, in particular, without limiting the generality of the
foregoing, power-
(a) to arrange for, or participate in, the formation of a company;
(b) to subscribe for or otherwise acquire, and to dispose of, shares in a
company; or
(c) to enter into a partnership or an arrangement for sharing of profits.
(2) A provision of this Act conferring a power on the Commission shall not
be read so as to limit the powers of the Commission under any other provision.
AUSTRALIAN NATIONAL AIRLINES ACT 1945 - SECT. 20.
Fares and charges.
Substituted by No. 102, 1952, s. 5; amended by No. 92, 1973, s. 8.
SECT
20. The Commission may, in the conduct of a transport operation, transport
all such passengers and goods as are offered for that purpose and may demand
such fares and charges, and impose such conditions, in respect of that
operation, as it determines.
AUSTRALIAN NATIONAL AIRLINES ACT 1945 - SECT. 21.
Power to purchase and dispose of assets.
SECT
21. (1) Subject to this Act, the Commission may-
(a) acquire by lease or purchase any land, buildings, easements or other
property (whether real or personal), rights or privileges which it thinks
necessary for the purposes of this Act; and
(b) exchange, lease, dispose of, turn to account or otherwise deal with,
any property, rights or privileges of the Commission.
Substituted by No. 92, 1973, s. 9.
SECT
(2) The Commission shall not, without the approval of the Minister-
(a) acquire any property, right or privilege for a consideration exceeding
in amount or value Two hundred and fifty thousand dollars or, if a higher
amount is prescribed, that higher amount;
(b) dispose of any property, right or privilege where the amount or value
of the consideration for the disposal, or the value of the property, right or
privilege, exceeds Two hundred and fifty thousand dollars or, if a higher
amount is prescribed, that higher amount;
(c) enter into a contract for the construction of a building for the
Commission, being a contract under which the Commission is to pay an amount
exceeding Two hundred and fifty thousand dollars or, if a higher amount is
prescribed, that higher amount; or
(d) enter into a lease of land for a period exceeding ten years.
Substituted by No. 92, 1973, s. 9; amended by No. 91, 1976, s. 3.
SECT
(3) Negotiations for the taking on lease or the purchase of land or
buildings by the Commission or by a company controlled by the Commission shall
be conducted in consultation with the Department of Administrative Services
or, where the Minister so directs, shall be conducted by that Department.
AUSTRALIAN NATIONAL AIRLINES ACT 1945 - SECT. 22.
Contracts for transport of mails.
Amended by No. 3, 1959, s. 12; No. 92, 1973, s. 10; and No. 56, 1975, s. 38.
SECT
22. The Commission may enter into any agreement or contract with the
Australian Postal Commission for the transport of mails by air or land.
AUSTRALIAN NATIONAL AIRLINES ACT 1945 - SECT. 23.
General contractual powers of Commission.
SECT
23. Subject to this Act, the Commission may contract for the execution of
any work or service authorized by this or any other Act to be executed by the
Commission, in such manner, upon such terms, for such sums, and under such
stipulations, conditions, and restrictions as the Commission thinks proper.
Section 24 repealed by No. 3, 1959, s. 13.
* * * * * * * *
AUSTRALIAN NATIONAL AIRLINES ACT 1945 - SECT. 25.
Alterations made by direction of Minister.
Sub-section (1) amended by No. 92, 1973, s. 11.
SECT
25. (1) The Minister may, if he is satisfied that it is in the interests of
the development of Australia so to do, direct the Commission to establish,
alter or continue to maintain any transport service specified by the Minister,
being a service authorized by this Act.
Amended by No. 92, 1973, s. 11.
SECT
(2) If, at the direction of the Minister, the Commission establishes, alters
or continues to maintain a transport service and satisfies the Minister that
the transport service so established, altered or continued to be maintained
has been operated at a loss in any financial year and if, after due provision
is made for reserves, a loss results in that financial year from the whole of
the operations of the Commission, the Commission shall be entitled to be
reimbursed by the Commonwealth to the extent of the first-mentioned loss or to
the extent of the second-mentioned loss, whichever is the less.
AUSTRALIAN NATIONAL AIRLINES ACT 1945 - SECT. 26.
Contracts by the Commission-how made.
SECT
26. (1) Any contract which, if made between private persons, would by law be
required to be in writing and under seal, may be made by the Commission in
writing in its corporate name under its common seal, and may be varied or
discharged in the same manner.
(2) Any contract which, if made between private persons, would by law be
required to be in writing and signed by the parties to be charged with the
contract, may be made by the Commission in writing in its corporate name, and
may be varied or discharged in the same manner.
(3) Every contract made according to the provisions contained in this
section and duly executed by the parties to the contract respectively shall be
effectual in law and shall be binding upon the Commission and all other
parties to the contract, their successors, heirs, executors and
administrators.
AUSTRALIAN NATIONAL AIRLINES ACT 1945 - SECT. 27.
Commission may compound for breach of contract.
SECT
27. The Commission may compound and agree with any person with whom any
contract has been entered into by the Commission in pursuance of, or under the
authority of, this Act, or against whom any action or suit is brought for any
penalty contained in the contract, or in any bond or other security for the
performance of the contract, or for or on account of any breach or
non-performance of the contract, bond or security, for such sum of money or
other consideration as the Commission thinks proper.
AUSTRALIAN NATIONAL AIRLINES ACT 1945 - SECT. 28.
Limitation of powers.
SECT
28. Nothing in this Act shall be construed to confer on the Commission any
powers which, for the time being, are exercisable under the Air Navigation
Regulations by the Minister or any other authority.
AUSTRALIAN NATIONAL AIRLINES ACT 1945 - SECT. 29.
Application of Air Navigation Regulations.
SECT
29. The provisions of the Air Navigation Regulations shall, so far as
applicable, apply to and in relation to the Commission in like manner as they
apply to and in relation to other persons.
AUSTRALIAN NATIONAL AIRLINES ACT 1945 - SECT. 30.
Capital of Commission.
SECT
Division 3-Finances of the Commission
Substituted by No. 92, 1973, s. 12; amended by No. 36, 1978, s. 3.
SECT
30. The capital of the Commission at any time is the sum of-
(a) the amounts by way of capital made available by the Treasurer to the
Commission before the commencement of this section; and
(b) the amounts paid to the Commission by the Minister for Finance after
the commencement of this section out of moneys appropriated by the Parliament
for the purposes of providing further capital for the Commission,
less the sum of any amounts of capital repaid to the Commonwealth by the
Commission after the commencement of this section.
AUSTRALIAN NATIONAL AIRLINES ACT 1945 - SECT. 30A.
Payments to Commonwealth.
Inserted by No. 92, 1973, s. 12.
Sub-section (1) amended by No. 36, 1978, s. 3.
SECT
30A. (1) Interest is not payable to the Commonwealth on the capital of the
Commission but the Commission shall pay to the Commonwealth, out of the
profits of the Commission for a financial year, such amount as the Minister,
with the concurrence of the Minister for Finance, determines.
Amended by No. 36, 1978, s. 3.
SECT
(2) The capital of the Commission is repayable to the Commonwealth at such
times and in such amounts as the Minister, with the concurrence of the
Minister for Finance, determines.
(3) In the making of a determination under sub-section (1) or sub-section
(2), regard shall be made to any advice that the Commission has furnished to
the Minister in relation to the financial affairs of the Commission.
AUSTRALIAN NATIONAL AIRLINES ACT 1945 - SECT. 31.
Borrowing by the Commission.
Substituted by No. 70, 1958, s. 5.
Sub-section (1) substituted by No. 92, 1973, s. 13.
SECT
31.*2* (1) The Commission may, with the approval of the Treasurer, borrow
moneys from time to time in such amounts as the Minister certifies are, in his
opinion, necessary for the exercise of its powers or the performance of its
duties or functions under this Act.
Substituted by No. 92, 1973, s. 13; amended by No. 36, 1978, s. 3.
SECT
(2) The Minister for Finance may, on behalf of the Commonwealth, out of
moneys appropriated by the Parliament for the purpose, lend to the Commission,
at such rate of interest and on such other terms and conditions as he
determines, moneys that the Commission is authorized to borrow under
sub-section (1).
(3) The Commission may give security over the whole or any part of its
assets for the repayment of amounts borrowed under this section and the
payment of interest on amounts so borrowed.
Amended by No. 92, 1973, s. 13.
SECT
(4) The Treasurer may, on behalf of the Commonwealth, guarantee the
repayment by the Commission of amounts borrowed under this section otherwise
than from the Commonwealth and the payment of interest on amounts so borrowed.
Sub-section (5) omitted by No. 130, 1972, s. 5; sub-section (6) omitted by
No.
92, 1973, s. 13.
* * * * * * * *
SECT
(7) The Commission shall not borrow moneys except in accordance with this
section.
*2* S. 31-See section 6 of the Airlines Equipment Act 1958.
AUSTRALIAN NATIONAL AIRLINES ACT 1945 - SECT. 31A.
Transfer of superannuation provisions.
Inserted by No. 92, 1973, s. 14; amended by No. 36, 1978, s. 3.
SECT
31A. The Commission shall not more than four weeks after this Act receives
the Royal Assent and thereafter from time to time at intervals of not more
than four weeks transfer the moneys representing provisions made by the
Commission for staff superannuation from the accounts of the Commission to the
Commonwealth Superannuation Board or to such other trustees as the Minister
for Finance approves.
AUSTRALIAN NATIONAL AIRLINES ACT 1945 - SECT. 32.
Financial policy of Commission.
Substituted by No. 71, 1961, s. 4.
Sub-section (1) amended by No. 130, 1972, s. 6; and No. 36, 1978, s. 3.
SECT
32. (1) The Minister, with the concurrence of the Minister for Finance and
after consultation with the Commission-
(a) shall, before the commencement of each financial year, determine the
percentage of the capital of the Commission that would represent a reasonable
return to the Commonwealth from the operations of the Commission in that
financial year, and give notice in writing to the Commission of the percentage
so determined; and
(b) may, at any time during a financial year, by reason of a change in
circumstances, by notice in writing to the Commission, amend a determination
under the last preceding paragraph.
Amended by No. 130, 1972, s. 6; and No. 36, 1978, s. 3.
SECT
(2) In performing their functions under the last preceding sub-section, the
Minister and the Minister for Finance shall take into account, in addition to
other relevant matters-
(a) the profits, in relation to capital employed, that have been, and are
expected to be, made by privately-owned air transport undertakings in
Australia;
(b) all matters tending to create disparity with respect to costs between
the Commission and privately-owned air transport undertakings, including-
(i) any loans made by the Commonwealth to the Commission at interest
rates less than current commercial rates;
* * * * * * *
(iii) the conduct by, or by undertakings associated with,
privately-owned air transport undertakings of commercial activities other than
air transport services;
(iv) the operation of developmental services and essential rural
services; and
(v) the extent of their non-competitive air transport operations.
Amended by No. 92, 1973, s. 21.
SECT
(3) The Commission shall pursue a policy directed towards making, in each
financial year, profits sufficient to enable the Commission to pay to the
Commonwealth, out of those profits, an amount equal to the percentage of its
capital determined under sub-section (1) in respect of that financial year.
Amended by No. 92, 1973, s. 21.
SECT
(4) After receipt of notice of the determination made under sub-section (1)
in respect of a financial year, the Commission shall, having full regard to
its duty under the last preceding sub-section, prepare estimates, in such form
as the Minister directs, of its revenue and expenditure for that financial
year and submit those estimates to the Minister.
Amended by No. 92, 1973, s. 21.
SECT
(5) The Commission shall, from time to time as provided in the next
succeeding sub-section, review the financial results of its operations during
the current financial year and if, upon any such review, the Commission finds
that the revenue and expenditure of the Commission during the preceding part
of the financial year have not been as favourable to the profitable conduct of
the business of the Commission as those specified in the estimates submitted
to the Minister and, having regard to that fact, it appears likely that,
unless special measures are taken, the Commission will not make sufficient
profits in that year to enable it to pay to the Commonwealth, out of those
profits, an amount equal to the percentage of its capital determined, in
respect of that year, under sub-section (1), the Commission shall forthwith
consider what specific measures can be taken for the purpose of enabling it to
carry out more effectively, during the remainder of that financial year, its
duty under sub-section (3) and shall inform the Minister of the measures it
proposes to adopt for that purpose and the effect that it considers the
adoption of those measures will have on the financial results of its
operations.
(6) A review under the last preceding sub-section shall be made whenever the
Commission considers that circumstances so require or the Minister so directs,
but so that not more than six months shall elapse in a financial year
between-
(a) the beginning of that financial year and the first review under that
sub-section in that financial year; or
(b) the commencement of a review under that sub-section and the
commencement of the next such review.
AUSTRALIAN NATIONAL AIRLINES ACT 1945 - SECT. 33.
Bank accounts.
Sub-section (1) substituted by No. 92, 1973, s. 15.
SECT
33. (1) The Commission may open and maintain an account or accounts with an
approved bank or approved banks and shall maintain at all times at least one
such account.
Substituted by No. 3, 1959, s. 15.
SECT
(2) The Commission shall pay all moneys received by it into an account
referred to in this section.
AUSTRALIAN NATIONAL AIRLINES ACT 1945 - SECT. 34.
Application of moneys.
Substituted by No. 3, 1959, s. 15.
SECT
34. (1) Subject to this Act, the moneys of the Commission shall be applied
only-
(a) in payment or discharge of the expenses, charges and obligations
incurred or undertaken by the Commission under this Act;
(b) in payment of the remuneration and allowances of the Commissioners;
and
(c) in making payments to the Commonwealth as provided by this Act.
Substituted by No. 92, 1973, s. 16.
SECT
(2) Moneys of the Commission not immediately required for the purposes of
the Commission may be invested-
(a) on fixed deposit with an approved bank;
(b) in securities of the Commonwealth; or
(c) in any other manner approved by the Treasurer.
AUSTRALIAN NATIONAL AIRLINES ACT 1945 - SECT. 35.
Proper accounts to be kept.
Substituted by No. 92, 1973, s. 17.
SECT
35. The Commission shall cause to be kept proper accounts and records of the
transactions and affairs of the Commission in accordance with the accounting
principles generally applied in commercial practice and shall do all things
necessary to ensure that all payments out of its moneys are correctly made and
properly authorized and that adequate control is maintained over the assets
of, or in the custody of, the Commission and over the incurring of liabilities
by the Commission.
AUSTRALIAN NATIONAL AIRLINES ACT 1945 - SECT. 36.
Audit.
Substituted by No. 92, 1973, s. 17.
SECT
36. (1) The Auditor-General shall inspect and audit the accounts and records
of financial transactions of the Commission and records relating to assets of,
or in the custody of, the Commission, and shall forthwith draw the attention
of the Minister to any irregularity disclosed by the inspection and audit that
is, in the opinion of the Auditor-General, of sufficient importance to justify
his so doing.
(2) The Auditor-General may, at his discretion, dispense with all or any
part of the detailed inspection and audit of any accounts or records referred
to in sub-section (1).
(3) The Auditor-General shall, at least once in each year, report to the
Minister the results of the inspection and audit carried out under sub-section
(1).
(4) The Auditor-General or an officer authorized by him is entitled at all
reasonable times to full and free access to all accounts, records, documents
and papers of the Commission relating directly or indirectly to the receipt or
payment of moneys by the Commission or to the acquisition, receipt, custody or
disposal of assets by the Commission.
(5) The Auditor-General or an officer authorized by him may make copies of,
or take extracts from, any such accounts, records, documents or papers.
(6) The Auditor-General or an officer authorized by him may require any
person to furnish him with such information in the possession of the person or
to which the person has access as the Auditor-General or authorized officer
considers necessary for the purposes of the functions of the Auditor-General
under this Act, and the person shall comply with the requirement.
(7) A person who contravenes sub-section (6) is guilty of an offence
punishable, upon conviction, by a fine not exceeding Two hundred dollars.
AUSTRALIAN NATIONAL AIRLINES ACT 1945 - SECT. 37.
Liability of Commission to pay rates, taxes and charges.
Substituted by No. 92, 1973, s. 17.
SECT
37. (1) The Commission shall pay all rates, taxes and charges under any law
of the Commonwealth, a State or a Territory.
(2) The Commission is not a public authority for the purposes of paragraph
(d) of section 23 of the Income Tax Assessment Act 1936-1972.
(3) The Commission is not a public transport authority for the purposes of
item 77 in the First Schedule to the Sales Tax (Exemptions and
Classifications) Act 1935-1973.
AUSTRALIAN NATIONAL AIRLINES ACT 1945 - SECT. 37A.
Insurance.
Inserted by No. 71, 1961, s. 5.
SECT
37A. (1) In this section, "risks to which this section applies" means the
following risks, to the extent to which, in the case of privately-owned air
transport undertakings, they are customarily covered by insurance:
(a) risk of loss of, or damage to, aircraft of the Commission and parts of,
and equipment for, such aircraft;
(b) risk of liability in respect of the death of, or injury to, passengers
in aircraft of the Commission; and
(c) risk of liability in respect of the death of, or injury to, persons on
the surface, or damage to property on the surface, caused by an aircraft of
the Commission in flight or by any person or thing falling from such an
aircraft.
(2) So long as the Commission is not fully insured by policies of insurance
against all risks to which this section applies, the Commission shall maintain
an account (in this section referred to as "the prescribed account ") for the
purpose of making provision against risks to which this section applies, so
far as they are not covered by insurance.
Amended by No. 36, 1978, s. 3.
SECT
(3) The Commission shall credit to the prescribed account-
(a) any amount that, immediately before the date of commencement of this
section, appeared in the accounts of the Commission as a provision in lieu of
insurance against risks that, upon that date, became risks to which this
section applies;
(b) such sums as are approved by the Minister, with the concurrence of the
Minister for Finance, as being equivalent to the current commercial premiums
that would be payable by the Commission for insurance in respect of risks to
which this section applies, so far as they are not covered by insurance;
(c) interest received by the Commission upon securities representing moneys
standing to the credit of the prescribed account, and any profits upon the
realization of any such securities; and
(d) the whole, or such part as the Minister approves as being appropriate,
of any damages, compensation or other moneys received or recovered by the
Commission in respect of a loss referred to in paragraph (a) of the next
succeeding sub-section.
Amended by No. 130, 1972, s. 7; and No. 36, 1978, s. 3.
SECT
(4) The Commission shall debit to the prescribed account-
(a) where the Commission suffers loss, not fully covered by insurance, by
reason of a risk to which this section applies, such amount in respect of that
loss as the Minister approves as being appropriate having regard to the
provision made under this section in lieu of insurance against that risk;
(b) payments to the Commonwealth of interest upon any loan made to the
Commission in accordance with the next succeeding sub-section;
(c) any loss incurred by the Commission upon the realization of securities
representing moneys standing to the credit of the prescribed account;
(d) such amounts as are approved by the Minister in respect of expenses or
other liabilities incurred by the Commission in maintaining the prescribed
account or otherwise in or in connexion with making provision against risks to
which this section applies so far as they are not covered by insurance,
including liability for so much of the income tax payable by the Commission as
is attributable to income received by the Commission in respect of securities
representing money standing to the credit of the prescribed account; and
(e) if, at any time, the Commission is of the opinion that-
(i) the amount standing to the credit of the prescribed account exceeds
the amount necessary for the purpose of making adequate provision against
risks to which this section applies, so far as they are not covered by
insurance; and
(ii) the amount standing to the credit of the prescribed account can
properly be reduced,
such amount, not exceeding the amount of the excess, as is determined by
the Commission, and approved by the Minister with the concurrence of the
Minister for Finance.
Amended by No. 93, 1966, s. 3; No. 92, 1973, s. 21; and No. 36, 1978, s. 3.
SECT
(5) If an amount that is, in accordance with paragraph (a) of the last
preceding sub-section, required to be debited to the prescribed account
exceeds, by more than One hundred thousand dollars, the value of the
securities of the Commonwealth held by the Commission that represent moneys
standing to the credit of the prescribed account, the Minister for Finance
shall, under section 31 and notwithstanding sub-section (5) of that section,
make a loan to the Commission of an amount equal to the excess.
(6) Subject to this section, the Commission shall keep invested in
securities of the Commonwealth the whole of the amount from time to time
standing to the credit of the prescribed account.
Substituted by No. 130, 1972, s. 7; amended by No. 92, 1973, s. 21; and No.
36, 1978, s. 3.
SECT
(7) An amount debited to the prescribed account in pursuance of paragraph
(e) of sub-section (4) shall be credited to such other account maintained by
the Commission as the Minister, with the concurrence of the Minister for
Finance, directs.
Amended by No. 92, 1973, s. 21.
SECT
(8) The Commission shall not be taken to have failed to carry out its
obligations under sub-section (6) by reason only of the lapse of a reasonable
interval between the crediting of an amount to the prescribed account and the
investment of an equivalent amount in securities of the Commonwealth or
between the realization of any securities and the re-investment of the
proceeds of the realization.
Amended by No. 92, 1973, s. 21; and No. 216, 1973, s. 3.
SECT
(9) All securities of the Commonwealth that, immediately before the date of
commencement of this section, represented any part of the amount referred to
in paragraph (a) of sub-section (3) shall, upon the establishment of the
prescribed account, be deemed to represent a corresponding amount standing to
the credit of the prescribed account.
AUSTRALIAN NATIONAL AIRLINES ACT 1945 - SECT. 38.
Profits of Commission.
Sub-section (1) substituted by No. 3, 1959, s. 16; amended by No. 92, 1973, s.
18.
SECT
38. (1) For the purposes of this Act, the profits of the Commission for a
financial year are the amount (if any) remaining after deducting from the
revenue received or receivable in respect of that financial year the
expenditure, and provision for expenditure, properly chargeable against that
revenue.
Substituted by No. 92, 1973, s. 18; amended by No. 36, 1978, s. 3.
SECT
(2) The profits of the Commission for a financial year shall be applied in
the first place in payment of the amount determined under sub-section (1) of
section 30A and the balance, if any, shall be applied in such manner as the
Minister, with the concurrence of the Minister for Finance, determines.
Substituted by No. 92, 1973, s. 18.
SECT
(3) In the making of a determination under sub-section (2), regard shall be
had to any advice that the Commission has furnished to the Minister in
relation to the financial affairs of the Commission.
Sub-section (4) omitted by No. 92, 1973, s. 18.
* * * * * * * *
Section 39 repealed by No. 102, 1952, s. 8
* * * * * * * *
AUSTRALIAN NATIONAL AIRLINES ACT 1945 - SECT. 40.
Annual report of Commission.
SECT
Division 4-Reports
Substituted by No. 3, 1959, s. 17; amended by No. 36, 1978, s. 3.
SECT
40. (1) The Commission shall, as soon as practicable after each thirtieth
day of June, prepare and furnish to the Minister a report of its operations
during the year ended on that date, together with financial statements in
respect of that year in such form as the Minister for Finance approves.
Inserted by No. 92, 1973, s. 19.
SECT
(1A) The report shall disclose separately the results of activities of the
Commission other than the operation of air services.
Inserted by No. 92, 1973, s. 19.
SECT
(1B) The report by the Commission shall include details of-
(a) any change in accounting principles adopted since the last report of
the Commission, including any change in the rate or method of charging
depreciation in the accounts of the Commission;
(b) any material change in the method of valuation of the whole or any part
of the stock of the Commission;
(c) any material item appearing in the accounts of the Commission for the
first time or not usually included in the accounts of the Commission;
(d) any absence from the accounts of the Commission of any material item
usually included in the accounts of the Commission; and
(e) the adequacy of provisions in the nature of reserves made in the
accounts of the Commission.
Amended by No. 92, 1973, s. 19.
SECT
(2) Before furnishing the financial statements to the Minister, the
Commission shall submit them to the Auditor-General, who shall report to the
Minister-
(a) whether the statements are based on proper accounts and records;
(b) whether the statements are in agreement with the accounts and records
and show fairly the financial operations and the state of the affairs of the
Commission;
(c) whether the receipt, expenditure and investment of moneys, and the
acquisition and disposal of assets, by the Commission during the year have
been in accordance with this Act; and
* * * * * * * *
SECT
(e) as to such other matters arising out of the statements as the
Auditor-General considers should be reported to the Minister.
(3) The Minister shall lay the report and financial statements of the
Commission, together with the report of the Auditor-General, before each House
of the Parliament within fifteen sitting days of that House after their
receipt by the Minister.
AUSTRALIAN NATIONAL AIRLINES ACT 1945 - SECT. 41.
Further reports to Minister.
SECT
41. The Commission shall furnish all such reports, documents, and
information relating to the operations of the Commission as the Minister
requires.
AUSTRALIAN NATIONAL AIRLINES ACT 1945 - SECT. 42.
Minister to accord Commission and its competitors equal treatment.
Repealed by No. 3, 1959, s. 18; inserted by No. 92, 1973, s. 20.
SECT
42. The Minister will not exercise any powers under or by virtue of this or
any other Act, or regulations, so as to discriminate unfairly in favour of
the
Commission or any other person engaged in the provision of services for the
transport of passengers or goods by air or by land or in the establishment,
maintenance or operation of hotels or other establishments or enterprises
providing accommodation, recreation, entertainment or other services or
facilities.
AUSTRALIAN NATIONAL AIRLINES ACT 1945 - SECT. 43.
Compliance with Airlines Agreements.
Repealed by No. 3, 1959, s.18; inserted by No. 92, 1973, s. 20.
SECT
43. Nothing in this Act will affect or authorize action inconsistent with
the obligations of the Commission under, or the provisions or purposes of,
the
agreement referred to in sub-section (3) of section 3 of the Airlines
Agreements Act 1952-1972 and the agreement referred to in sub-section (2) of
that section
as affected by the foregoing agreement and the agreement referred to in
sub-section (1) of that section as affected by each of the foregoing
agreements. Parts III, IV and V (sections 44-59) repealed by No. 3, 1959, s.
18.
* * * * * * * *
AUSTRALIAN NATIONAL AIRLINES ACT 1945 - SECT. 60.
Recovery of fares or charges.
SECT
PART VI-PENALTIES AND PROCEDURE
Amended by No. 3, 1959, s. 19.
SECT
60. If on demand any person fails to pay the fares or charges due to the
Commission in respect of any service rendered by the Commission, the
Commission-
(a) may detain and sell all or any of the goods of the person which are in
its possession, and out of the moneys arising from the sale retain the fares
or charges so payable, and all charges and expenses of the detention, and
shall render the surplus, if any, of the moneys arising by the sale and such
of the goods as remain unsold, to the person entitled to that surplus; or
(b) may recover the fares and charges in any court of competent
jurisdiction.
AUSTRALIAN NATIONAL AIRLINES ACT 1945 - SECT. 61.
Damage to be made good in addition to penalty.
SECT
61. If any person inflicts, through any act, neglect, or default whereby he
has, on conviction, incurred any penalty imposed by this or any other Act, any
damage upon any aircraft or other property vested in the Commission he shall
be liable to pay that damage in addition to the penalty, and the amount of
that damage shall be determined by the court by which he was convicted.
AUSTRALIAN NATIONAL AIRLINES ACT 1945 - SECT. 62.
Arrest of offenders.
SECT
62. (1) Any officer, employee or agent of the Commission and any person
called by him to his assistance may seize and detain any person who has
committed any offence against the provisions of this Act and whose name and
residence are unknown to the officer, employee or agent, and may, without any
warrant or other authority than this Act, convey him with all convenient
despatch before a court of summary jurisdiction.
(2) The court may proceed with all convenient despatch to the hearing and
determination of the complaint against the offender.
(3) Notwithstanding anything contained in any other Act, any justice or
justices of the peace of a State sitting at any place as a court for the
summary punishment of offences under the law of the State shall, at that
place, have jurisdiction to hear and determine the complaint against an
offender who is seized and detained under this section and who cannot be
brought before a Police, Stipendiary or Special Magistrate within seventy-two
hours after he has been brought to that place for the purpose of the hearing
and determination of the complaint, or, if he was seized at that place, within
seventy-two hours after he was so seized.
AUSTRALIAN NATIONAL AIRLINES ACT 1945 - SECT. 63.
Limitation of actions against the Commission.
Sub-section (1) amended by No. 3, 1959, s. 20.
SECT
63. (1) All actions against the Commission or against any person for or
arising out of anything done or purporting to have been done under this Act,
shall be commenced within two years after the act complained of was committed.
Added by No. 3, 1959, s. 20.
SECT
(2) This section does not apply to an action to which a period of limitation
is applicable by virtue of the Civil Aviation (Damage by Aircraft) Act 1958 or
the Civil Aviation (Carriers' Liability) Act 1959.
Section 64 repealed by No. 3, 1959, s. 21.
* * * * * * * *
AUSTRALIAN NATIONAL AIRLINES ACT 1945 - SECT. 67.
Application of the Commonwealth Employees' Compensation Act 1930-1944.
SECT
PART VII-MISCELLANEOUS
Section 65 repealed by No. 130, 1972, s. 8; section 66 repealed by No. 55,
1970, s. 3.
* * * * * * * *
SECT
67. The Commonwealth Employees' Compensation Act 1930-1944 shall apply to
employees of the Commission as if they were employees within the meaning of
that Act.
AUSTRALIAN NATIONAL AIRLINES ACT 1945 - SECT. 68.
Insurance.
SECT
68. The Commission may enter into such contracts, agreements or arrangements
as it thinks fit for the purpose of insuring, against the risks of injury,
loss or damage from accidents occurring in connexion with the operation of air
services, passengers or goods carried or about to be carried by aircraft
engaged in those air services.
AUSTRALIAN NATIONAL AIRLINES ACT 1945 - SECT. 69.
By-laws.
Sub-section (1) amended by No. 3, 1959, s. 23; and No. 93, 1966, s. 3.
SECT
69. (1) The Commission may make by-laws, not inconsistent with this Act or
any
other Act, prescribing matters providing for or in relation to-
(a) the operation of the air services, and the conditions governing the
performance of any service which the Commission may under this Act carry out
or authorize;
(b) the protection and preservation of property of, or in the custody or
under the control of, the Commission;
(c) the maintenance of order in connexion with the operation of the air
services;
(d) the disposal of unclaimed goods in the possession of the Commission;
(e) the prohibition of any interference with the air services or any
property of the Commission or of any interference with or obstruction of any
officer or employee of the Commission;
(f) the limitation of the liability of, and the conditions governing the
making of claims upon, the Commission in respect of any damage to or loss of
any goods; and
(g) the provision of penalties not exceeding One hundred dollars or
imprisonment for any period not exceeding three months for the breach of any
by-law.
(2) No by-law shall have any force or effect until it has been-
(a) approved by the Governor-General; and
(b) published in the Gazette.
(3) By-laws shall be deemed to be Statutory Rules within the meaning of the
Rules Publication Act 1903-1941.*3*
Amended by No. 92, 1973, s. 21.
SECT
(4) Sections 48 and 49 of the Acts Interpretation Act 1901-1941 shall apply
to by-laws in like manner as they apply to regulations.
*3* S. 69 (3)-Now cited as the Statutory Rules Publication Act 1903.
AUSTRALIAN NATIONAL AIRLINES ACT 1945 - SECT. 70.
Regulations.
Amended by No. 93, 1966, s. 3.
SECT
70. The Governor-General may make regulations, not inconsistent with this
Act, prescribing all matters which by this Act are required or permitted to be
prescribed, or which are necessary or convenient to be prescribed, for
carrying out or giving effect to this Act, and in particular for prescribing
penalties not exceeding a fine of One hundred dollars or imprisonment for any
period not exceeding three months, or both, for breaches of the regulations.
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