Aviation Legislation Amendment (2008 Measures No. 1) Act 2008

No. 86, 2008

An Act to amend legislation relating to aviation, and for related purposes

[Assented to 20 September 2008]

The Parliament of Australia enacts:

1 Short title

This Act may be cited as the Aviation Legislation Amendment (2008 Measures No. 1) Act 2008.

2 Commencement

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Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.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

Aviation Transport Security Act 2004

1 Section 9

Insert:

airline has the meaning given by subsection 134(2).

2 Section 9

Insert:

Australian international carriage has the meaning given by subsection 134(2).

3 Section 9

Insert:

Australian operator has the meaning given by subsection 134(2).

4 Section 9

Insert:

bilateral arrangement has the meaning given by subsection 134(2).

5 Section 9

Insert:

foreign country has the meaning given by subsection 134(2).

6 At the end of subsection 133(1)

Add:

Note: See section 134 for the extra‑territorial operation of regulations.

7 At the end of the Act

Add:

134 Extra‑territorial operation of regulations

(1) Any provisions of the regulations may be expressed to apply to and in relation to any of the following:

(a) Australian aircraft;

(b) aircraft (other than Australian aircraft) engaged in Australian international carriage;

while the aircraft are outside Australian territory.

(2) In this Act:

airline means a person engaged in the provision of air services.

Australian international carriage means the carriage of passengers or freight, or both passengers and freight, whether within or outside Australian territory, by an aircraft that:

(a) is operated by an airline that is designated, nominated or otherwise similarly authorised by Australia under a bilateral arrangement to engage in such carriage; or

(b) is operated by an airline incorporated in Australia; or

(d) is operated by an Australian operator and is subject to section 15A or 17 of the Air Navigation Act 1920; or

(e) is operated jointly by:

(i) an airline referred to in paragraph (a), (b) or (c); and

(ii) another person;

but is under the control of the airline referred to in subparagraph (i) of this paragraph; or

(f) is subject to section 15A or 17 of the Air Navigation Act 1920 and is operated jointly by:

(i) an Australian operator; and

(ii) another person;

but is under the control of the Australian operator.

Australian operator means an aircraft operator who:

(a) if the operator is an individual:

(i) is an Australian citizen; or

(ii) is ordinarily resident in Australia; or

(b) if the operator is a body corporate:

(i) is incorporated in Australia; or

(ii) has its principal place of business in Australia.

bilateral arrangement means an agreement or arrangement between:

(a) Australia, or an entity or organisation nominated or otherwise similarly authorised by Australia to enter into the agreement or arrangement; and

(b) a foreign country;

under which the carriage by air of passengers or freight, or both passengers and freight, between Australia and the foreign country is permitted.

foreign country includes any region:

(a) that is part of a foreign country; or

(b) that is under the protection of a foreign country; or

(3) For the purposes of this section:

(a) an aircraft is taken to be subject to section 15A of the Air Navigation Act 1920 if the aircraft would be taken to be subject to that section under paragraph 27(3)(c) of that Act; and

(b) an aircraft is taken to be subject to section 17 of the Air Navigation Act 1920 if the aircraft would be taken to be subject to that section under paragraph 27(3)(d) of that Act.

Civil Aviation Act 1988

8 After paragraph 23(1)(a)

Insert:

(ab) in accordance with the Aviation Transport Security Regulations 2005, including any conditions subject to which those regulations permit the carriage of those goods; or

9 After paragraph 23(2)(a)

Insert:

(ab) in accordance with the Aviation Transport Security Regulations 2005, including any conditions subject to which those regulations permit the carriage or consignment of those goods; or

10 After paragraph 23(2A)(a)

Insert:

(ab) in accordance with the Aviation Transport Security Regulations 2005, including any conditions subject to which those regulations permit the carriage or consignment of those goods; or

[Minister’s second reading speech made in—

House of Representatives on 26 June 2008

Senate on 28 August 2008]

(142/08)