Federal Register of Legislation - Australian Government

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A Bill for an Act to provide for Australian ownership and operation in relation to certain air services, and for related purposes
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Registered 13 Feb 2013
Introduced HR 11 Feb 2013
Table of contents.

2010‑2011‑2012‑2013

 

The Parliament of the

Commonwealth of Australia

 

HOUSE OF REPRESENTATIVES

 

 

 

 

Presented and read a first time

 

 

 

 

 

 

 

 

 

Aviation Laws Amendment (Australian Ownership and Operation) Bill 2013

 

No.      , 2013

 

(Mr Katter)

 

 

 

A Bill for an Act to provide for Australian ownership and operation in relation to certain air services, and for related purposes

 

 


Contents

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

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

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

Schedule 1—Amendments                                                                                                3

Air Navigation Act 1920                                                                                            3

Civil Aviation Act 1988                                                                                              3

 


A Bill for an Act to provide for Australian ownership and operation in relation to certain air services, and for related purposes

The Parliament of Australia enacts:

1  Short title

                   This Act may be cited as the Aviation Laws Amendment (Australian Ownership and Operation) Act 2013.

2  Commencement

                   This Act commences on the day this Act receives the Royal Assent.

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                   Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.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 1Amendments

  

Air Navigation Act 1920

1  After section 12

Insert:

12A  Australian international air services—operation and ownership

             (1)  The Secretary must not grant an international airline licence to an Australian international airline unless the airline is Australian owned and operated.

             (2)  In this section:

Australian international airline means an international airline (including Qantas) that may be permitted to carry passengers or freight, or both passengers and freight, under a bilateral arrangement as an airline designated by Australia to operate a scheduled international air service.

Australian owned and operated, in relation to an airline, means:

                     (a)  the airline is at least 51 per cent owned by Australian citizens or residents (including by ownership of shares in a company); and

                     (b)  the airline conducts at least 80 per cent of the operator’s aircraft maintenance (calculated by reference to time spent on maintenance) in Australia; and

                     (c)  the airline’s aircrews are comprised only of persons domiciled in Australia.

Civil Aviation Act 1988

2  After section 27

Insert:

27AAA  Scheduled domestic flights to be Australian owned and operated

             (1)  CASA must not issue an AOC authorising the operation of scheduled domestic flights to a person other than an Australian operator.

             (2)  Regulations made under subsection 27(9) must prescribe scheduled domestic flights.

             (3)  In this section:

Australian operator means an operator:

                     (a)  that is at least 51 per cent owned by Australian citizens or residents (including by ownership of shares in a company); and

                     (b)  that conducts at least 80 per cent of the operator’s aircraft maintenance (calculated by reference to time spent on maintenance) in Australia; and

                     (c)  whose aircrews are comprised only of persons domiciled in Australia.

scheduled domestic flight means a flight undertaken:

                     (a)  wholly within Australia for the purpose of transporting persons generally, or transporting cargo for persons generally, for hire or reward in accordance with fixed schedules to and from fixed terminals over specific routes with or without intermediate stopping places between terminals; but

                     (b)  not as part of a flight into or out of Australian territory.

3  Application

To avoid doubt, the amendments made by items 1 and 2 do not affect the operation of an international airline licence granted, or an AOC issued, before the commencement of this Schedule.