Statutory Rules 1998    No. 81

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Air Services Regulations2 (Amendment)

I, The Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Air Services Act 1995.

Dated 4 February 1998.

 WILLIAM DEANE

 Governor-General

By His Excellency’s Command,

MARK VAILE

Minister for Transport and Regional Development

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1.   Commencement

1.1   Regulation 7 is taken to have commenced on 6 July 1995.

[NOTE:  The remainder of these Regulations commence on gazettal: see Acts Interpretation Act 1901, s 48.]

2.   Amendment

2.1   The Air Services Regulations are amended as set out in these Regulations.

3.   New regulations 3.05, 3.06 and 3.07

3.1   After regulation 3.04, insert in Part 3:

Requisitioning of aircraft

 “3.05. (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.

Compensation for loss caused by requisitioning

 “3.06. (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.

Claims for compensation for requisition loss

 “3.07. (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.”.

4.   Part 4, Division 3 (Search and rescue services)

4.1   Omit the Division.

5.   Regulation 7.02 (Review of decisions)

5.1   Paragraph 7.02 (1) (a):

Omit the paragraph, substitute:

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

6.   New regulation 7.06

6.1   After regulation 7.05, insert:

Service of documents on AA

 “7.06. 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).]”.

7.   Further amendments—cross references

7.1   The Air Services Regulations are further amended as set out in the following table.

NOTES

1. Notified in the Commonwealth of Australia Gazette on 11 February 1998.

2. Statutory Rules 1995 No. 223 as amended by 1995 No. 278.