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This is a Bill, not an Act. For current law, see the Acts databases.

AVIATION LAWS AMENDMENT (AUSTRALIAN OWNERSHIP AND OPERATION) BILL 2013

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
i Aviation Laws Amendment (Australian Ownership and Operation) Bill 2013 No. ,
2013
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
Aviation Laws Amendment (Australian Ownership and Operation) Bill 2013 No. , 2013
1
A Bill for an Act to provide for Australian
1
ownership and operation in relation to certain air
2
services, and for related purposes
3
The Parliament of Australia enacts:
4
1 Short title
5
This Act may be cited as the Aviation Laws Amendment
6
(Australian Ownership and Operation) Act 2013.
7
2 Commencement
8
This Act commences on the day this Act receives the Royal
9
Assent.
10
Schedule 1 Amendments
2 Aviation Laws Amendment (Australian Ownership and Operation) Bill 2013 No. ,
2013
3 Schedule(s)
1
Each Act that is specified in a Schedule to this Act is amended or
2
repealed as set out in the applicable items in the Schedule
3
concerned, and any other item in a Schedule to this Act has effect
4
according to its terms.
5
6
Amendments Schedule 1
Aviation Laws Amendment (Australian Ownership and Operation) Bill 2013 No. , 2013
3
Schedule 1
--
Amendments
1
2
Air Navigation Act 1920
3
1 After section 12
4
Insert:
5
12A Australian international air services--operation and ownership
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(1) The Secretary must not grant an international airline licence to an
7
Australian international airline unless the airline is Australian
8
owned and operated.
9
(2) In this section:
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Australian international airline means an international airline
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(including Qantas) that may be permitted to carry passengers or
12
freight, or both passengers and freight, under a bilateral
13
arrangement as an airline designated by Australia to operate a
14
scheduled international air service.
15
Australian owned and operated, in relation to an airline, means:
16
(a) the airline is at least 51 per cent owned by Australian citizens
17
or residents (including by ownership of shares in a company);
18
and
19
(b) the airline conducts at least 80 per cent of the operator's
20
aircraft maintenance (calculated by reference to time spent on
21
maintenance) in Australia; and
22
(c) the airline's aircrews are comprised only of persons
23
domiciled in Australia.
24
Civil Aviation Act 1988
25
2 After section 27
26
Insert:
27
Schedule 1 Amendments
4 Aviation Laws Amendment (Australian Ownership and Operation) Bill 2013 No. ,
2013
27AAA Scheduled domestic flights to be Australian owned and
1
operated
2
(1) CASA must not issue an AOC authorising the operation of
3
scheduled domestic flights to a person other than an Australian
4
operator.
5
(2) Regulations made under subsection 27(9) must prescribe scheduled
6
domestic flights.
7
(3) In this section:
8
Australian operator means an operator:
9
(a) that is at least 51 per cent owned by Australian citizens or
10
residents (including by ownership of shares in a company);
11
and
12
(b) that conducts at least 80 per cent of the operator's aircraft
13
maintenance (calculated by reference to time spent on
14
maintenance) in Australia; and
15
(c) whose aircrews are comprised only of persons domiciled in
16
Australia.
17
scheduled domestic flight means a flight undertaken:
18
(a) wholly within Australia for the purpose of transporting
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persons generally, or transporting cargo for persons
20
generally, for hire or reward in accordance with fixed
21
schedules to and from fixed terminals over specific routes
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with or without intermediate stopping places between
23
terminals; but
24
(b) not as part of a flight into or out of Australian territory.
25
3 Application
26
To avoid doubt, the amendments made by items 1 and 2 do not affect
27
the operation of an international airline licence granted, or an AOC
28
issued, before the commencement of this Schedule.
29

 

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