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Air Services Regulations 1995

Authoritative Version
SR 1995 No. 223 Regulations as amended, taking into account amendments up to SLI 2007 No. 168
Administered by: Infrastructure and Regional Development
Registered 02 Jul 2007
Start Date 01 Jul 2007

Air Services Regulations 1995

Statutory Rules 1995 No. 223 as amended

made under the

This compilation was prepared on 1 July 2007
taking into account amendments up to SLI 2007 No. 168

Prepared by the Office of Legislative Drafting and Publishing,
Attorney‑General’s Department, Canberra


Contents

Part 1                    Preliminary                                                                 

                    1.01     Name of Regulations [see Note 1]                                     4

                    1.02     Commencement [see Note 1]                                           4

                    1.03     Interpretation                                                                   4

Part 3                    Air Traffic Services                                                   

                    3.01     Purpose of Part 3                                                             8

                    3.02     Functions of the Air Traffic Service                                     8

                    3.03     Air traffic services — directions and instructions                 8

                    3.04     Removal of safety hazards                                                9

                    3.05     Requisitioning of aircraft                                                  10

                    3.06     Compensation for loss caused by requisitioning                11

                    3.07     Claims for compensation for requisition loss                     11

Part 4                    Other services                                                           

Division 1                Preliminary                                                                    

                    4.01     Purpose of Part 4                                                           13

Division 2                Rescue and fire fighting services                                   

                    4.02     Functions of the Rescue and Firefighting Service              13

                    4.03     Designation of officers in charge                                      14

                    4.04     Duties and powers of officer in charge                              14

                    4.05     Arrangements with State or Territory fire brigades etc        15

                    4.06     Action not to lie against AA etc                                       16

Division 4                Aeronautical Information Service                                  

                    4.11     Function of the Aeronautical Information Service               16

                    4.12     Aeronautical Information Publication and Notices to Airmen 17

Part 5                    Additional functions of AA                                     

Division 1                Preliminary                                                                    

                    5.01     Purpose of Part 5                                                           19

Division 2                Compensation for wake vortices damage                      

                    5.02     Meaning of damage to property                                       19

                    5.03     Application for compensation for wake vortices damage     19

                    5.04     Investigation and consideration of applications                  19

                    5.05     No right to compensation conferred by this Division           20

Division 3                Other functions                                                               

                    5.06     Provision of meteorological information                             21

                    5.07     Agreement for the collection of aircraft noise levy              21

Part 6                    Statutory liens                                                           

                    6.01     Purpose of Part 6                                                           22

                    6.02     Register entries on imposition of statutory lien                  22

                    6.03     Who may request a certificate of statutory lien?                22

                    6.04     Register entry on cessation of statutory lien                     22

                    6.05     Notices relating to statutory lien                                      23

                    6.06     How the Register of Statutory Liens is to be maintained    23

                    6.07     Who has the benefit of insurance of seized aircraft?          24

                    6.08     Sale of aircraft                                                               24

                    6.09     Proceeds of sale — claims by creditors                           25

                    6.10     Distribution of proceeds of sale                                        26

Part 7                    Miscellaneous                                                           

                    7.01     Purpose of Part 7                                                           27

                    7.02     Review of decisions                                                        27

                    7.03     Evidence of a flight                                                         28

                    7.04     Evidence — general                                                       28

                    7.06     Service of documents on AA                                           29

Notes                                                                                                          30

 


Part 1                 Preliminary

  

1.01        Name of Regulations [see Note 1]

                These Regulations are the Air Services Regulations 1995.

1.02        Commencement [see Note 1]

                These Regulations commence on the same day as the Air Services Act 1995 commences.

1.03        Interpretation

         (1)   In these Regulations, unless the contrary intention appears:

Act means the Air Services Act 1995.

aerodrome has the same meaning as in the Civil Aviation Act 1988.

Aeronautical Information Publication or AIP has the meaning given by regulation 4.12.

Aeronautical Information Service or AIS means AA in its capacity as the provider of an aeronautical information service.

aeronautical information service means a service:

                (a)    of a kind referred to in subparagraph 8 (1) (b) (ii) of the Act; and

               (b)    in accordance with Annex 15 to the Chicago Convention.

air route means a specified route between 2 points, the purpose of which is to channel the flow of air traffic to facilitate the provision of air traffic services.

airspace means Australian‑administered airspace.

Airspace Regulations means the Airspace Regulations 2007.

airway means a control area, or a specified part of a control area, established in the form of a corridor equipped with navigation aids.

air traffic means aircraft:

                (a)    in flight; or

               (b)    operating on the manoeuvring area of an aerodrome.

Air Traffic Service or ATS means AA in its capacity as the provider of air traffic services.

air traffic services means services:

                (a)    of a kind referred to in subparagraph 8 (1) (b) (i) of the Act; and

               (b)    in accordance with Annex 11 to the Chicago Convention.

apron, in relation to an aerodrome, means any part that is used for the purpose of:

                (a)    enabling passengers to board, or disembark from, aircraft; or

               (b)    loading cargo on to, or unloading cargo from, aircraft; or

                (c)    refuelling, parking or carrying out maintenance on, aircraft.

control area means airspace to which a determination under paragraph 5 (1) (c) of the Airspace Regulations applies.

controlled aerodrome means an aerodrome to which a determination under paragraph 5 (1) (e) of the Airspace Regulations applies.

control zone means airspace to which a determination under paragraph 5 (1) (b) of the Airspace Regulations applies.

designated air route means an air route designated under regulation 11 of the of the Airspace Regulations.

designated airway means an airway designated under regulation 11 of the of the Airspace Regulations.

Director of Meteorology means the Director of Meteorology under the Meteorology Act 1955.

facilities, in relation to an air route or airway, means facilities to facilitate the safe navigation of aircraft within the airspace of the air route or airway, including:

                (a)    visual and non‑visual aids along the air route or airway;

               (b)    visual and non‑visual aids to approaching and landing at an aerodrome;

                (c)    communications services;

               (d)    meteorological services;

                (e)    air traffic services.

flight has the same meaning as in the Civil Aviation Act 1988.

IFR flight has the same meaning as in the Civil Aviation Regulations.

manoeuvring area, in relation to an aerodrome, means any part that is used for the take‑off and landing of aircraft and for the movement of aircraft in association with take‑off and landing, but does not include any apron.

movement, in relation to an aerodrome, means surface movement of aircraft (including the manoeuvring of aircraft in manoeuvring areas and aprons).

Notice to Airmen or NOTAM has the meaning given by regulation 4.12.

qualified employee, in relation to the provision of a service, means an employee who:

                (a)    holds the appropriate licence, rating and endorsement, or any other authorisation, required by CASA to be held by a provider of the service; and

               (b)    meets the requirements of any standard, set by CASA, to be met by a provider of the service; and

                (c)    meets the requirements of any standard set by AA in relation to the provision of the service by AA.

Rescue and Firefighting Service means AA in its capacity as the provider of rescue and fire fighting services.

rescue and fire fighting services means services:

                (a)    referred to in subparagraph 8 (1) (b) (iii) of the Act; and

               (b)    in accordance with Annex 14 to the Chicago Convention.

restricted area means an area declared to be a restricted area under regulation 6 of the Airspace Regulations.

Search and Rescue Service means AA in its capacity as the provider of a search and rescue service.

search and rescue service means a service:

                (a)    referred to in subparagraph 8 (1) (b) (iv) of the Act; and

               (b)    in accordance with Annex 12 to the Chicago Convention.

State or Territory fire brigade means a fire brigade established under a law of a State or Territory.

VFR flight has the same meaning as in the Civil Aviation Regulations.

         (2)   In these Regulations, a reference to the provision of a service is taken to include a reference to the giving of a direction, instruction or authorisation in connection with the service.

Note   Words and expressions used in the Act have the same meaning in these Regulations. Some of those words and expressions, and their meanings, are:

AA means the body called Airservices Australia established by the Act.

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

Other words and expressions defined in the Act are:

 

aircraft

ICAO

Australian‑administered airspace

late payment penalty

Australian territory

Register

authorised employee

Registrar

Commonwealth jurisdiction aircraft

service charge

Chicago Convention

statutory lien

Part 3                 Air Traffic Services

  

3.01        Purpose of Part 3

                The purpose of this Part is to set out:

                (a)    the functions of AA in relation to the provision of air traffic services; and

               (b)    the powers that are exercisable in connection with those services.

3.02        Functions of the Air Traffic Service

                The functions of the Air Traffic Service are:

                (a)    to facilitate the safe and efficient conduct of aircraft flights; and

               (b)    to facilitate the safe movement of aircraft on the manoeuvring areas of aerodromes; and

                (c)    to facilitate and maintain a safe, orderly and expeditious flow of air traffic; and

               (d)    to provide advice and information that is necessary for the safe and efficient conduct of flights; and

                (e)    to notify appropriate organisations about aircraft known to be, or believed to be, in need of search and rescue aid, and to appropriately assist those organisations.

3.03        Air traffic services — directions and instructions

         (1)   For the purposes of regulation 3.02, a qualified employee may give air traffic instructions and air traffic clearances to an aircraft:

                (a)    at a controlled aerodrome; or

               (b)    in airspace to which a determination under paragraph 5 (1) (d) of the Airspace Regulations applies.

         (2)   An air traffic clearance given in conjunction with air traffic instructions forms part of those air traffic instructions.

         (3)   For the purposes of regulation 3.02, AA may give instructions to:

                (a)    aircraft engaged in IFR flights; and

               (b)    aircraft engaged in VFR flights.

about the use of:

                (c)    a controlled aerodrome; or

               (d)    airspace to which a determination under paragraph 5 (1) (d) of the Airspace Regulations applies.

         (4)   If:

                (a)    an area of Australian territory has been declared under regulation 6 of the Airspace Regulations to be a restricted area or a danger area; and

               (b)    airspace above that area is airspace to which a determination under paragraph 5 (1) (d) of the Airspace Regulations applies;

AA may give instructions about the use of that airspace that are at variance with instructions given under subregulation (3) about the use of that airspace.

         (5)   An instruction given under subregulation (4) is taken to prevail over any inconsistent instruction given under subregulation (3).

         (6)   An instruction given under subregulation (3) or (4) does not take effect until published by AA in the AIP or a NOTAM.

         (7)   In this regulation:

air traffic instruction includes a direction to an aircraft to conduct its flight in the manner specified in the direction.

air traffic clearance means an authorisation for an aircraft to proceed in accordance with conditions specified in the authorisation.

3.04        Removal of safety hazards

         (1)   If, in the opinion of AA, it is necessary, in the interests of safety or to facilitate and maintain an orderly flow of air traffic, to:

                (a)    remove an aircraft, vehicle, animal or other thing from any part of an aerodrome; or

               (b)    move an aircraft, vehicle, animal or other thing from one part of an aerodrome to another;

AA may authorise a person, with any assistance that is reasonable and necessary, to remove or move the aircraft, vehicle, animal or thing accordingly.

         (2)   If AA authorises a person under subregulation (1) to remove or move an aircraft, vehicle, animal or thing, AA, or an employee or agent of AA acting in the course of the person’s employment or agency, is not liable for any damage caused, directly or indirectly, to the aircraft, vehicle, animal or thing, by reason of it being removed or moved under the authorisation.

         (3)   A reference in this regulation to an aerodrome includes a reference to an aerodrome:

                (a)    that is under the control of the Defence Force; and

               (b)    in respect of which an arrangement under section 20 of the Civil Aviation Act 1988 is in force.

3.05        Requisitioning of aircraft

         (1)   If it is necessary to requisition an aircraft for the performance of the functions of the Air Traffic Service, a qualified employee may:

                (a)    requisition the aircraft; and

               (b)    engage persons to operate it.

         (2)   Except as set out in subregulation (3), a requisition must be made in writing (including by facsimile transmission).

         (3)   However, in circumstances too urgent to allow a requisition to be made in writing, or if it is impracticable to make a requisition in writing, a requisition may be made orally (including by telephone), but must be recorded in writing within 24 hours.

         (4)   A requisition in writing, or the written record of an oral requisition, must include the following information:

                (a)    the name of the person making the requisition;

               (b)    the person’s authority to make the requisition;

                (c)    the nature of the aircraft to be requisitioned;

               (d)    the period for which the aircraft is to be requisitioned.

3.06        Compensation for loss caused by requisitioning

         (1)   Subject to regulation 3.07, the owner of a requisitioned aircraft is entitled to recover from AA compensation for any loss sustained by the owner in consequence of the requisitioning of the aircraft.

         (2)   Subject to regulation 3.07, a person engaged by AA to operate a requisitioned aircraft is entitled to recover from AA compensation for any loss sustained as a result of that engagement.

         (3)   A claim for compensation under subregulation (1) must be made within 2 years after the relevant requisition is ended.

         (4)   In this regulation, a reference to a loss sustained by a person includes:

                (a)    any expense incurred by the person; and

               (b)    any remuneration or other income forgone by the person.

3.07        Claims for compensation for requisition loss

         (1)   As soon as practicable after receiving a claim under regulation 3.06, AA must consider the claim and:

                (a)    if AA decides that the claim is justified, wholly or in part — pay compensation to the claimant accordingly; or

               (b)    refuse to pay compensation and notify the claimant of the refusal and of the reasons for it.

         (2)   In considering a claim for compensation, AA must have regard to:

                (a)    if the claim is for compensation for the requisitioning of an aircraft:

                          (i)    charter rates applicable to an aircraft of that type; and

                         (ii)    the connection between any expense claimed and the use, during the period of the requisition, of the aircraft; and

                         (iii)    the likely cost of repairing any damage to the aircraft that occurred as a result of its use during the period of the requisition, to restore it to its former condition; and

               (b)    if the claim is for compensation for an expense incurred, or remuneration or other income forgone, by a person — any substantiation provided by the claimant; and

                (c)    if the claim is for compensation for an injury to a person — the cost of the injury, worked out in accordance with the Safety Rehabilitation and Compensation Act 1988.

         (3)   In subparagraph (2) (a) (iii), former condition of an aircraft that has been requisitioned means the condition of the aircraft immediately before it was requisitioned.

 

Part 4                 Other services

Division 1              Preliminary

4.01        Purpose of Part 4

                The purpose of this Part is to set out:

                (a)    the functions of AA in relation to:

                          (i)    rescue and firefighting services; and

                         (ii)    a search and rescue service; and

                         (iii)    an aeronautical information service; and

               (b)    the powers that are exercisable in connection with those services.

Division 2              Rescue and fire fighting services

4.02        Functions of the Rescue and Firefighting Service

         (1)   The functions of the Rescue and Firefighting Service are:

                (a)    to conduct operations to rescue persons and property from an aircraft that, as the result of an incident at, or in the vicinity of, an aerodrome, has crashed or caught fire; and

               (b)    to conduct operations to control and extinguish, and to protect persons and property threatened by:

                          (i)    a fire at an aerodrome, whether in an aircraft or elsewhere; or

                         (ii)    a fire in the vicinity of an aerodrome that is in, or that started in, an aircraft.

         (2)   In carrying out its functions under subregulation (1), AA must give priority to operations that are conducted:

                (a)    at an aerodrome; or

               (b)    within 1000 metres of any boundary of an aerodrome.

4.03        Designation of officers in charge

                The AA may designate a qualified employee to be the officer in charge of operations under this Division for:

                (a)    a specified aerodrome; or

               (b)    a specified location in the vicinity of a specified aerodrome.

4.04        Duties and powers of officer in charge

         (1)   For the purpose of conducting an operation under this Division, the officer in charge may:

                (a)    give directions, that the officer thinks proper, to fire fighters and volunteers under the control of the officer; and

               (b)    take measures that the officer thinks proper.

         (2)   Without limiting the generality of paragraph (1) (b), the officer in charge may do the following things for the purpose of an operation:

                (a)    enter (by force, if necessary), take possession of and deal with in any appropriate way, premises, an aircraft or other property;

               (b)    close a road or other thoroughfare to traffic;

                (c)    without payment, use a convenient water supply (including shutting off water supply from a main or pipe to obtain greater pressure or supply);

               (d)    disconnect electricity supply to premises;

                (e)    remove flammable, explosive or other dangerous material from premises, an aircraft or other property;

                (f)    order a person to leave premises, an aircraft or other property;

                (g)    remove from the vicinity of the operation, a person or thing the presence of whom, or which, in the officer’s opinion, is likely to significantly interfere with the operation;

                (h)    take a fire engine or other fire appliance onto land or premises;

                (j)    shore up or destroy a wall or building that, in the officer’s opinion, is insecure or may be dangerous to persons or property;

               (k)    direct or authorise a fire fighter or a volunteer to do an act or thing that, under this regulation, the officer is empowered to do.

         (3)   In relation to an operation, a fire fighter may do an act or thing set out in paragraph (2) (a), (b), (c), (d), (e), (f) or (h) without authorisation under paragraph (2) (k), if the fire fighter is of the opinion that, for the purpose of conducting the operation:

                (a)    it is necessary or desirable to do that act or thing; and

               (b)    it is not practicable for the fire fighter to obtain authorisation.

         (4)   In this regulation:

fire fighter, in relation to an operation, means:

                (a)    a qualified employee; or

               (b)    a member of a fire brigade, or of a rescue or fire fighting service, who is taking part in the operation in accordance with an arrangement under regulation 4.05.

officer in charge, in relation to an operation, means:

                (a)    the employee designated under regulation 4.03 for the operation; or

               (b)    if, in accordance with an arrangement under regulation 4.05, the person in control of an operation is a member of a fire brigade, or of a rescue or fire fighting service — that person.

volunteer, in relation to an operation, means a person who has volunteered to assist in the operation under the direction of the officer in charge.

4.05        Arrangements with State or Territory fire brigades etc

                For the purposes of an operation under this Division, AA may make an arrangement with:

                (a)    a State or a Territory, or an authority of a State or a Territory — in relation to the use of a State or Territory fire brigade; or

               (b)    the Defence Force — in relation to the use of a fire fighting service provided by the Defence Force; or

                (c)    any person or organisation — in relation to use of a rescue or fire fighting service provided by that person or organisation.

4.06        Action not to lie against AA etc

                No action lies against AA, or an employee or agent of AA acting in the course of the person’s employment or agency, for injury or damage caused, directly or indirectly, to a person or the property of a person, by the exercise of a power under regulation 4.04.

Division 4              Aeronautical Information Service

4.11        Function of the Aeronautical Information Service

         (1)   The function of the Aeronautical Information Service is to provide an aeronautical information service in accordance with this Division.

         (2)   The aeronautical information service comprises the collection and dissemination of aeronautical information relating to the safety, regularity and efficiency of air navigation.

         (3)   Aeronautical information is to be disseminated in connection with the following matters, services and facilities:

                (a)    aerodromes;

               (b)    air traffic services and facilities;

                (c)    communication and air navigation services and facilities;

               (d)    meteorological services;

                (e)    search and rescue services and facilities;

                (f)    procedures and regulatory requirements connected with air navigation;

                (g)    notification of hazards to air navigation.

4.12        Aeronautical Information Publication and Notices to Airmen

         (1)   AIS must publish, from time to time:

                (a)    a publication to be known as the Aeronautical Information Publication (AIP); and

               (b)    notices to be known as Notices to Airmen (NOTAMS).

         (2)   The AIP is to include:

                (a)    aeronautical information required to be published in the AIP by:

                          (i)    these Regulations; or

                         (ii)    the Civil Aviation Act 1988 or the Civil Aviation Regulations; or

                         (iii)    any other Commonwealth law; and

               (b)    other aeronautical information that is essential to safe air navigation and is of lasting relevance; and

                (c)    instructions on the procedure to be followed, and the particulars to be supplied, by applicants for a permission referred to:

                          (i)    in Part III of the Civil Aviation Act 1988; or

                         (ii)    in subsection 14 (2) or 17 (1), of the Air Navigation Act 1920; and

               (d)    any matter of lasting relevance relating to the facilitation of air traffic.

         (3)   NOTAMS are to include:

                (a)    aeronautical information required to be published in a NOTAM by:

                          (i)    these Regulations; or

                         (ii)    the Civil Aviation Act 1988 or the Civil Aviation Regulations; or

                         (iii)    any other Commonwealth law; and

               (b)    other aeronautical information, of importance to safe air navigation, that:

                          (i)    requires early publication and can be published more quickly in NOTAMS than in the AIP; or

                         (ii)    is of temporary relevance.

         (4)   AIS must publish information of a kind referred to in subregulation (2) or (3) that is received for publication:

                (a)    within the Aeronautical Information Regulation and Control Cycle next following the receipt of the information, as set out in Annex 15 to the Chicago Convention; or

               (b)    if another period is agreed to between AIS and the person submitting the information for publication — within that period.

         (5)   AIS must forward to ICAO a copy of:

                (a)    the AIP and any amendment of the AIP; and

               (b)    each NOTAM.

 

Part 5                 Additional functions of AA

Division 1              Preliminary

5.01        Purpose of Part 5

                The purpose of this Part is to set out additional AA functions relating to:

                (a)    the payment of compensation for damage to property by wake vortices caused by the operation of Commonwealth jurisdiction aircraft; and

               (b)    the provision of meteorological information; and

                (c)    the collection of certain levies.

Division 2              Compensation for wake vortices damage

5.02        Meaning of damage to property

                In this Division a reference to damage to property does not include damage to an aircraft in flight.

5.03        Application for compensation for wake vortices damage

                An owner of property that has been damaged by wake vortices produced by a Commonwealth jurisdiction aircraft may apply in writing to AA for compensation in respect of that damage.

5.04        Investigation and consideration of applications

         (1)   As soon as practicable after an application for compensation for wake vortices damage is received, AA must make an investigation to establish whether the damage is compensatable damage.

         (2)   On completing an investigation, AA:

                (a)    subject to subregulation (3) — may decide to pay compensation to the applicant; or

               (b)    may refuse to pay compensation.

         (3)   AA must not pay compensation unless it is satisfied that the damage is compensatable damage.

         (4)   In making a decision under subregulation (2), AA must have regard to:

                (a)    the nature of the damage that may generally be expected to be caused by wake vortices; and

               (b)    the areas that are likely to be affected by wake vortices; and

                (c)    whether, at the relevant time, the nature of aircraft operations in the area where the damage occurred, having regard to the weather in the area at that time, was likely to generate wake vortices of sufficient force to cause the damage; and

               (d)    the likely cost of repairing the damage in order to restore the property to its former condition.

         (5)   In paragraph (4) (d), former condition, in relation to property referred to in that paragraph, means the condition of the property immediately before the damage occurred.

         (6)   AA must notify an applicant of its decision under subregulation (2) as soon as practicable and, as the case requires:

               (b)    pay the compensation; or

               (b)    give reasons for its refusal to pay compensation.

         (7)   If AA decides to pay an amount of compensation that is less than the amount applied for, it must give the applicant its reasons for paying a lesser amount.

5.05        No right to compensation conferred by this Division

                Nothing in this Division is taken to confer a right on any person to receive compensation for damage caused by wake vortices produced by the operation of Commonwealth jurisdiction aircraft.

Division 3              Other functions

5.06        Provision of meteorological information

         (1)   AA may make arrangements with the Director of Meteorology for the provision of meteorological information:

                (a)    in any form and manner; and

               (b)    at any place;

that AA considers necessary for the safe, regular or efficient operation of aircraft, in accordance with the Chicago Convention.

         (2)   If there is any information of a kind referred to in subregulation (1) that cannot be provided under arrangements made under that subregulation, AA may make any other arrangements that are necessary for the provision of that information.

5.07        Agreement for the collection of aircraft noise levy

         (1)   AA may enter into an agreement under section 17 of the Aircraft Noise Levy Collection Act 1995 for the receipt or custody, on behalf of the Commonwealth, of:

                (a)    levy imposed by the Aircraft Noise Levy Act 1995; or

               (b)    late‑payment penalty imposed by the Aircraft Noise Levy Collection Act 1995;

in respect of the operation of Commonwealth jurisdiction aircraft.

         (2)   It is a function of AA to give effect to any agreement, of a kind referred to in subregulation (1), that is entered into by AA.

 

Part 6                 Statutory liens

  

6.01        Purpose of Part 6

                The purpose of this Part is to supplement the provisions of Division 4 of Part 5 of the Act, which deal with statutory liens on aircraft for payment of unpaid service charges.

6.02        Register entries on imposition of statutory lien

                For the purposes of subsection 59 (1) of the Act, an entry in the Register must include, in relation to an aircraft to which that subsection applies:

                (a)    the registration mark of the aircraft; and

               (b)    a description of the aircraft; and

                (c)    the name and address of the person by whom the service charge in respect of the aircraft is payable; and

               (d)    the identifying number given to the lien by the Registrar; and

                (e)    the time and date when the entry is made.

6.03        Who may request a certificate of statutory lien?

                For the purposes of subsection 61 (1) of the Act, the following persons are prescribed persons in relation to an aircraft:

                (a)    the holder of the certificate of registration of the aircraft;

               (b)    the owner, or the agent of the owner, of the aircraft;

                (c)    if an authorised employee is satisfied that a person has a security interest in the aircraft — that person;

               (d)    a person authorised in writing by a person referred to in paragraph (a), (b) or (c).

6.04        Register entry on cessation of statutory lien

                For the purposes of subsection 62 (2) of the Act, the Registrar must enter in the Register notice that the statutory lien has ceased to have effect, and the date of cessation.

6.05        Notices relating to statutory lien

         (1)   For the purposes of subsection 63 (1) of the Act, a notice of an entry made in the Register under section 59 of the Act in respect of an aircraft must contain:

                (a)    the identifying number of the lien; and

               (b)    the date and time when the entry was made; and

                (c)    the description and registration mark of the aircraft; and

               (d)    the name and address of the person by whom the service charge to which the lien relates is payable.

         (2)   For the purposes of subsection 63 (1) of the Act, a notice of an entry made in the Register under section 62 of the Act that a statutory lien has ceased to have effect must contain:

                (a)    the identifying number of the lien; and

               (b)    the description and registration mark of the aircraft; and

                (c)    the date on which the lien ceased to have effect.

         (3)   For the purposes of subsection 63 (1) of the Act, the following persons are prescribed persons in relation to the service of a notice:

                (a)    each person who is the owner, operator, lessee, hirer, charterer or pilot in command, of the aircraft;

               (b)    if the person by whom the relevant service charge is payable is not a person referred to in paragraph (a) — that person;

                (c)    if an authorised employee is satisfied that a person has a security interest in the aircraft — that person.

6.06        How the Register of Statutory Liens is to be maintained

         (1)   For the purposes of subsection 64 (2) of the Act, the Registrar must:

                (a)    maintain the Register in the central office of AA; and

               (b)    hold up‑to‑date copies of the Register in the other offices of AA.

         (2)   Each copy of the Register must be open for public inspection at the office of AA where it is held, from 9.30 a.m. until 4.30 p.m. every day (except weekends and public holidays).

6.07        Who has the benefit of insurance of seized aircraft?

                For the purposes of subsection 66 (2) of the Act, the insurance of an aircraft is for the benefit of the following persons:

                (a)    AA;

               (b)    the owner of the aircraft;

                (c)    if an authorised employee is satisfied that a person has a security interest in the aircraft — that person.

6.08        Sale of aircraft

         (1)   For the purposes of paragraph 67 (2) (a) of the Act, in order to effect the sale of an aircraft AA must:

                (a)    ascertain the aircraft’s value by means of a survey of the aircraft; and

               (b)    publish a notice, stating AA’s intention to sell the aircraft and setting out the proposed method of sale:

                          (i)    in a newspaper circulating in each State and Territory; and

                         (ii)    in another newspaper circulating in the State or Territory in which it is intended to sell the aircraft; and

                (c)    if satisfactory terms and conditions of sale can be agreed between AA and a purchaser — sell the aircraft in accordance with the proposed method of sale.

         (2)   For the purposes of subsection 67 (3) of the Act, at least 14 days before the date on which it is intended to sell an aircraft, AA must publish a notice of the proposed sale:

                (a)    in each newspaper in which a notice was published under paragraph (1) (b); and

               (b)    if AA considers it necessary, for the purpose of bringing the proposed sale to the notice of the persons referred to in regulation 6.03, to publish a notice of the proposed sale in another newspaper — in that newspaper.

6.09        Proceeds of sale — claims by creditors

         (1)   For the purposes of section 68 of the Act, as soon as practicable after the sale of an aircraft, AA must publish a notice:

                (a)    inviting persons claiming a security interest in the aircraft that was created before the date of sale of the aircraft, to make a claim in respect of that interest in accordance with this regulation; and

               (b)    stating that the claim must be made before the end of the period specified in the notice, being a period of at least 21 days after the date of the notice.

         (2)   The notice must be published:

                (a)    in a newspaper circulating in each State and Territory; and

               (b)    if an authorised employee so determines for the purposes of subregulation (1) — in another newspaper.

         (3)   A claim must:

                (a)    be in writing signed by, or on behalf of, the claimant; and

               (b)    set out particulars of the security interest, including:

                          (i)    when the interest was created; and

                         (ii)    when the debt secured by the interest was incurred; and

                (c)    be given to AA, together with written evidence substantiating the nature and extent of the interest claimed, before the end of the period specified in the notice.

         (4)   An authorised employee must:

                (a)    consider each claim made in accordance with this regulation; and

               (b)    not later than 14 days after AA receives the claim:

                          (i)    approve the claim wholly or partly, as appropriate; or

                         (ii)    reject the claim.

         (5)   If the authorised employee rejects a claim, or approves it wholly or in part, he or she must inform the claimant in writing of the decision and the grounds for it, within 28 days.

6.10        Distribution of proceeds of sale

         (1)   For the purposes of section 68 of the Act, AA must:

                (a)    pay the proceeds of sale of a seized aircraft into a trust account approved by the Minister for Finance for the purposes of this subregulation; and

               (b)    hold the proceeds in that trust account until they are dealt with in accordance with this regulation.

         (2)   AA must distribute the proceeds in the following order:

                (a)    first, in payment of expenses incurred by AA in relation to the performance of any functions, or the exercise of any powers, under section 65 or 67 of the Act;

               (b)    second, in payment of a debt incurred before the registration of the statutory lien, to the extent that the debt is secured by an approved security interest (other than a floating charge) created before the registration;

                (c)    third, in payment of an outstanding amount secured by the statutory lien;

               (d)    fourth, in payment of a debt that is not secured, or to the extent that it is not secured, by an approved security interest of a kind mentioned in paragraph (b).

         (3)   After the proceeds are distributed, AA must:

                (a)    cause the remainder (if any) of the proceeds to be paid to the person who was the owner of the aircraft immediately before the sale, or to the agent of that person; and

               (b)    give a written statement, containing particulars of the distribution, to that person, or to the agent of the person.

         (4)   No action lies against AA, or against an employee or agent of AA acting in the course of the person’s employment or agency, for recovery of a debt that is not secured by an approved security interest.

         (5)   In this regulation approved security interest means a security interest that is approved, or approved in part, under subregulation 6.09 (4).

 

Part 7                 Miscellaneous

  

7.01        Purpose of Part 7

                The purpose of this Part is to make further provision relating to matters set out in these Regulations.

7.02        Review of decisions

         (1)   A person affected by a decision made under:

                (a)    regulation 3.07 (claims for compensation for requisition loss); or

               (b)    regulation 5.04 (compensation for wake vortices damage); or

                (c)    regulation 6.09 (proceeds of sale of an aircraft);

may make a written application to AA to reconsider the decision.

         (2)   The application must be made:

                (a)    within 28 days after the day on which the decision first comes to the notice of the applicant; or

               (b)    within such further period as AA allows, either before or after the end of that 28 day period.

         (3)   The application must set out the grounds on which the applicant is requesting reconsideration of the decision.

         (4)   Within 28 days after receiving the application, AA must reconsider the decision and affirm or revoke the decision, or vary the decision, as AA thinks fit.

         (5)   If AA affirms, revokes or varies a decision, AA must inform the applicant in writing of the result of the reconsideration of the decision, and give its reasons.

         (6)   Application may be made under the Administrative Appeals Tribunal Act 1975 to the Administrative Appeals Tribunal for review of a decision that has been affirmed or varied by AA under subregulation (4).

7.03        Evidence of a flight

         (1)   For the purpose of establishing liability to any service charge or late payment penalty, a flight by an aircraft may be identified by documentation that includes:

                (a)    a flight strip summary, being a document known by that description issued by AA for the purpose of enabling employees to compile records of aircraft movements in relation to aerodromes; or

               (b)    a message extracted from the message switching system known as the Aeronautical Fixed Telecommunication Network and referred to in Annex 10 to the Chicago Convention; or

                (c)    a flight plan submitted to ATS by the pilot in command of the aircraft; or

               (d)    an invoice, being an invoice containing a printout of computerised records of each flight to which the invoice relates.

         (2)   A document of a kind referred to in paragraph (1) (a), (b), (c) or (d) is prima facie evidence of the matters stated in it.

7.04        Evidence — general

         (1)   AA may certify, in writing, that:

                (a)    a document annexed to the certificate is a true copy of an extract from the AIP, or of a NOTAM, determination, declaration, direction, instruction, authority, notice or other document made, given or issued under these Regulations; and

               (b)    the document of which the document annexed to the certificate is certified to be a true copy, was, on a specified date or between specified dates, posted to a specified person in connection with any proceedings.

         (2)   AA, or the employee having custody of the appropriate records of AA, may certify, in writing, that, during a specified period or on a specified date:

                (a)    any airspace was, or was not, a designated air route or a designated airway; or

               (b)    any facility was, or was not, established in relation to an air route or an airway; or

                (c)    an aerodrome was, or was not, a controlled aerodrome; or

               (d)    a determination under regulation 2.04, as in force immediately before its repeal, applied, or did not apply, to any specified airspace.

         (3)   In any proceedings, a certificate purporting to have been given under this regulation:

                (a)    is taken to be a certificate given by AA or by a person empowered under this regulation to give the certificate, unless the contrary is proved; and

               (b)    is evidence:

                          (i)    of the facts stated in the certificate; and

                         (ii)    if the certificate certifies as to a matter referred to in paragraph (1) (b) — that the document to which the certificate relates was received by the specified person on or about the time at which it would have been received in the ordinary course of post.

         (5)   In this regulation, proceedings means:

                (a)    proceedings in any court; or

               (b)    any other proceedings under the Act or these Regulations; or

                (c)    proceedings to which this regulation is stated, by any other Commonwealth law, to apply.

7.06        Service of documents on AA

                Service may be effected on AA at its principal office at
25 Constitution Avenue, Canberra City, ACT, 2601.

Note   Section 10 of the Service and Execution of Process Act 1992 makes provision in relation to the manner in which particular processes, orders and documents may be served on bodies corporate (other than companies and registered bodies)


Notes to the Air Services Regulations 1995

Note 1

The Air Services Regulations 1995 (in force under the Air Services Act 1995) as shown in this compilation comprise Statutory Rules 1995 No. 223 amended as indicated in the Tables below.

Under the Legislative Instruments Act 2003, which came into force on 1 January 2005, it is a requirement for all non‑exempt legislative instruments to be registered on the Federal Register of Legislative Instruments. From 1 January 2005 the Statutory Rules series ceased to exist and was replaced with Select Legislative Instruments (SLI series). Numbering conventions remain the same, ie Year and Number.

Table of Instruments

Year and
number

Date of notification
in Gazette or FRLI registration

Date of
commencement

Application, saving or
transitional provisions

1995 No. 223

6 July 1995

6 July 1995 (see r. 1.02 and Gazette 1995, No. S270)

 

1995 No. 278

26 Sept 1995

1 Oct 1995

1998 No. 8

11 Feb 1998

R. 7: 6 July 1995 Remainder: 11 Feb 1998

2007 No. 168

26 June 2007 (see
F2007L01838)

1 July 2007 (see r. 2)

Table of Amendments

ad. = added or inserted      am. = amended      rep. = repealed      rs. = repealed and substituted

 

Provision affected

How affected

Part 1

 

R. 1.01...................................

rs. 2007 No. 168

R. 1.02...................................

am. 2007 No. 168

R. 1.03...................................

am. 2007 No. 168

Note to r.1.03........................

am. 2007 No. 168

Part 2.....................................

rep. 2007 No. 168

Rr. 2.01-2.09........................

rep. 2007 No. 168

Part 3

 

R. 3.03...................................

am. 2007 No. 168

R. 3.05...................................

ad. 1998 No. 8

R. 3.06...................................

ad. 1998 No. 8

R. 3.07...................................

ad. 1998 No. 8

Div. 3 of Part 4......................

rep. 1998 No. 8

Rr. 4.07–4.10.......................

rep. 1998 No. 8

Part 5

 

Division 1

 

R. 5.01...................................

am. 1995 No. 278

Division 3

 

R. 5.07...................................

ad. 1995 No. 278

Part 6

 

R. 6.02...................................

am. 1998 No. 8

R. 6.03...................................

am. 1998 No. 8

R. 6.04...................................

am. 1998 No. 8

R. 6.05...................................

am. 1998 No. 8

R. 6.06...................................

am. 1998 No. 8

R. 6.07...................................

am. 1998 No. 8

R. 6.08...................................

am. 1998 No. 8

R. 6.09...................................

am. 1998 No. 8

R. 6.10...................................

am. 1998 No. 8

Part 7

 

R. 7.02...................................

am. 1998 No. 8

R. 7.04...................................

am. 2007 No. 168

R. 7.05...................................

rep. 2007 No. 168

R. 7.06...................................

ad. 1998 No. 8

Note to r. 7.06.......................

ad. 1998 No. 8