Federal Register of Legislation - Australian Government

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A Bill for an Act to establish an Airport Development Ombudsman, and for related purposes
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Registered 17 Mar 2010
Introduced HR 15 Mar 2010

2008‑2009‑2010

 

The Parliament of the

Commonwealth of Australia

 

HOUSE OF REPRESENTATIVES

 

 

 

 

Presented and read a first time

 

 

 

 

 

 

 

 

 

Airport Development Ombudsman Bill 2010

 

No.      , 2010

 

(Ms S. Jackson)

 

 

 

A Bill for an Act to establish an Airport Development Ombudsman, and for related purposes

  

  

  

  


Contents

Part 1—Preliminary                                                                                                               1

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

2............ Commencement.................................................................................. 2

3............ Definitions.......................................................................................... 2

4............ Schedule(s).......................................................................................... 2

Part 2—Establishment, functions and powers of the Airport Development Ombudsman            3

5............ Establishment..................................................................................... 3

6............ Functions............................................................................................ 3

7............ Powers................................................................................................ 4

8............ Consultation....................................................................................... 4

9............ Appointment and remuneration......................................................... 4

10.......... Regulations......................................................................................... 4

Schedule 1—Consequential amendment of other Acts                                      5

Airports Act 1996                                                                                                        5

Air Services Act 1995                                                                                                  6

Civil Aviation Act 1988                                                                                              6

Ombudsman Act 1976                                                                                                 6

 


A Bill for an Act to establish an Airport Development Ombudsman, and for related purposes

The Parliament of Australia enacts:

Part 1Preliminary

  

1  Short title

                   This Act may be cited as the Airport Development Ombudsman Act 2010.

2  Commencement

                   This Act commences on a date to be fixed by Proclamation.

3  Definitions

                   In this Act:

airport means any airport subject to the Airports Act 1996.

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

Ombudsman means the Airport Development 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 2Establishment, functions and powers of the Airport Development Ombudsman

  

5  Establishment

                   As soon as practicable after the commencement of this Act, an Airport Development Ombudsman shall be appointed by the Minister.

6  Functions

             (1)  The Ombudsman shall serve as a point of liaison between the Department and the public in relation to the impact on populated areas of airport developments.

             (2)  Subject to subsections (3) and (4), a complaint may be made to the Ombudsman in relation to airport developments that may impact on populated areas.

             (3)  If the Minister has required a community consultation group to be established in relation to an airport or a proposed airport the Minister must ensure that the community consultation group is listed in the regulations as a group to be consulted for the purposes of this Act

             (4)  If a complaint is received in relation to an airport or a proposed airport and if a community consultation group has been listed in the regulations in respect of the airport or proposed airport, the Ombudsman must not take action in respect of the complaint unless the Ombudsman is satisfied that the person or group making the complaint has made reasonable attempts to raise the matter of the complaint with the community consultation group.

             (5)  Subject to subsection (4), the Ombudsman shall refer any complaints in relation to airport developments that may impact on 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, industry, 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 by the Parliament for the operation of the Minister’s portfolio.

             (4)  Expenditure by the Ombudsman in performance of his or her functions is to be funded from funds appropriated by the Parliament for the operation of the Minister’s portfolio.

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 1Consequential amendment of other Acts

  

Airports Act 1996

1  At the end of subsection 81(3)

Add:

                            ; and

                     (e)  the views of the Airport Development Ombudsman on the impact that carrying out the plan would be likely to have on members of the public.

2  After subsection 84(2)

Insert:

          (2A)  In deciding whether to approve the variation, the Minister must have regard to the views of the Airport Development Ombudsman on the impact that carrying out the plan would be likely to have on members of the public.

          (2B)  Subsection (2A) does not, by implication, limit the matters to which the Minister may have regard.

3  At the end of subsection 94(3)

Add:

                            ; and

                      (f)  the views of the Airport Development Ombudsman on the impact that carrying out the plan would be likely to have on members of the public.

4  After subsection 95(2)

Insert:

          (2A)  In deciding whether to approve the variation, the Minister must have regard to the views of the Airport Development Ombudsman on the impact that carrying out the plan would be likely to have on members of the public.

          (2B)  Subsection (2A) does not, by implication, limit the matters to which the Minister may have regard.

5  At the end of subsection 126(3)

Add:

                            ; and

                     (e)  the views of the Airport Development Ombudsman on the impact that carrying out the strategy would be likely to have on members of the public.

Air Services Act 1995

6  Section 10

After “including”, insert “the Airport Development Ombudsman,”.

Civil Aviation Act 1988

7  At the end of subsection 9(3)

Add:

                            ; and

                     (h)  co‑operating with the Airport Development Ombudsman as required.

Ombudsman Act 1976

8  After subsection 5(1)

Insert:

          (1A)  When an action or complaint under subsection 5(1) relates to airport development, the Commonwealth Ombudsman shall consult with the Airport Development Ombudsman.