Federal Register of Legislation - Australian Government

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A Bill for an Act to provide for consequential matters relating to the enactment of the Airspace Act 2006, and for other purposes
Administered by: DOTARS
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Registered 05 Dec 2006
Introduced HR 29 Nov 2006

2004‑2005‑2006

 

The Parliament of the

Commonwealth of Australia

 

HOUSE OF REPRESENTATIVES

 

 

 

 

Presented and read a first time

 

 

 

 

 

 

 

 

 

Airspace (Consequentials and Other Measures) Bill 2006

 

No.      , 2006

 

(Transport and Regional Services)

 

 

 

A Bill for an Act to provide for consequential matters relating to the enactment of the Airspace Act 2006, and for other purposes

  

  


Contents

1............ Short title............................................................................................ 1

2............ Commencement.................................................................................. 1

3............ Schedule(s).......................................................................................... 2

Schedule 1—Consequential amendments                                                                 3

Civil Aviation Act 1988                                                                                              3

Schedule 2—Technical amendments                                                                            4

Air Services Act 1995                                                                                                  4

Civil Aviation Act 1988                                                                                              4

Schedule 3—Transitional provision                                                                              5

 


A Bill for an Act to provide for consequential matters relating to the enactment of the Airspace Act 2006, and for other purposes

The Parliament of Australia enacts:

1  Short title

                   This Act may be cited as the Airspace (Consequentials and Other Measures) Act 2006.

2  Commencement

             (1)  Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

 

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1.  Sections 1 to 3 and anything in this Act not elsewhere covered by this table

The day on which this Act receives the Royal Assent.

 

2.  Schedule 1

At the same time as sections 3 to 15 of the Airspace Act 2006 commence.

 

3.  Schedule 2

The day on which this Act receives the Royal Assent.

 

4.  Schedule 3

At the same time as sections 3 to 15 of the Airspace Act 2006 commence.

 

Note:          This table relates only to the provisions of this Act as originally passed by both Houses of the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.

             (2)  Column 3 of the table contains additional information that is not part of this Act. Information in this column may be added to or edited in any published version of this Act.

3  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.


 

Schedule 1Consequential amendments

  

Civil Aviation Act 1988

1  After paragraph 9(3)(cb)

Insert:

                    (cc)  any functions conferred on CASA under the Airspace Act 2006 or under regulations under that Act;

2  After section 11

Insert:

11A  Compliance with Australian Airspace Policy Statement

             (1)  Subject to subsection 9A(1), CASA must exercise its powers and perform its functions in a manner consistent with the Australian Airspace Policy Statement.

             (2)  If CASA proposes to exercise a power or perform a function in a manner that is inconsistent with the Australian Airspace Policy Statement, CASA must notify the Minister in writing that it is proposing to do so and of its reasons.

             (3)  In this section:

Australian Airspace Policy Statement means the statement made under subsection 8(1) of the Airspace Act 2006.


 

Schedule 2Technical amendments

  

Air Services Act 1995

1  Subsection 19(2)

Omit “and subparagraphs 8(1)(b)(i), (v) and (vi)”.

2  Subsection 77(3) (definition of AA service)

Omit “referred to in paragraph 8(1)(b)”, substitute “covered by paragraph 8(1)(a)”.

3  Subsection 77(3) (definition of rescue and fire fighting operations)

Omit “referred to in paragraph 8(1)(b)”, substitute “covered by paragraph 8(1)(a)”.

Civil Aviation Act 1988

4  Subsection 3(1) (subparagraphs (e)(i) and (ii) of the definition of aviation safety standards)

Repeal the subparagraphs, substitute:

                              (i)  services and facilities of the kind covered by paragraph 8(1)(a) of the Air Services Act 1995; and

5  Subparagraphs 98(3)(s)(i) and (ii)

Repeal the subparagraphs, substitute:

                              (i)  services and facilities of the kind covered by paragraph 8(1)(a) of the Air Services Act 1995; and


 

Schedule 3Transitional provision

  

1  Transitional provision

(1)        This item applies if regulations are made under the Air Services Act 1995 repealing Part 2 of the Air Services Regulations in connection with the enactment of Part 3 of the Airspace Act 2006.

Note:       This item relates to the transfer of airspace management functions from Airservices Australia to CASA.

(2)        The Governor‑General may make regulations prescribing matters of a transitional nature (including prescribing any saving or application provisions) arising out of that repeal.

(3)        Regulations under subitem (2) may provide that specified things done by, or in relation to, Airservices Australia for the purposes of Part 2 of the Air Services Regulations have effect after that repeal as if those things had been done by, or in relation to, CASA for the purposes of regulations under Part 3 of the Airspace Act 2006.

(4)        Subitem (3) does not limit subitem (2).

(5)        In this item:

Airservices Australia means the body established by subsection 7(1) of the Air Services Act 1995.

CASA means the Civil Aviation Safety Authority established by the Civil Aviation Act 1988.