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1
Transport Infrastructure and Other Legislation
Amendment Bill 2005
Transport Infrastructure and Other
Legislation Amendment Bill 2005
Explanatory Notes for Amendments to be
moved during Consideration in detail by
The Honourable Paul Lucas MP
Short Title of the Bill
Transport Infrastructure and Other Legislation Amendment Bill 2005
Objectives of the Amendments
It is proposed to make amendments to the Bill during consideration in
detail to define "charterer" of an aircraft for chapter 8, part 3A (Liability
for, and recovery of, charges and expenses).
Achievement of the Objectives
The Transport Infrastructure Act 1994 is to be amended to define charterer
of an aircraft.
Chapter 8, part 3A (Liability for, and recovery of, charges and expenses)
determines who is liable for port charges and expenses in relation to ships
utilising port facilities, aircraft at airports including goods being transferred
to and from ships and aircraft and passengers on the ships and aircraft.
Cairns International Airport and Mackay Airport are the only relevant
airports.
For an aircraft, the following persons (plus others with regards to goods)
are jointly and severally liable for charges:
(a) the owner of the aircraft; and
(b) the licensee of the aircraft; and
(c) the lessee of the aircraft; and
(d) the charterer of the aircraft; and
(e) another person who has accepted liability for the charge.
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Transport Infrastructure and Other Legislation
Amendment Bill 2005
Where damage is caused to port facilities, (a) to (d) are jointly and
severally liable for the damage.
Charter means different things to different modes of transport and it is
necessary to clarify who is not the charterer of an aircraft.
A person who, as part of the same transaction, hires the aircraft plus the
services of the pilot should not be responsible for the charges, expenses or
any damage incurred by the aircraft. The charges and expenses should be
included as part of the hire conditions. This would be a joint and several
liability of the owner, the licensee and the lessee of the aircraft. (In most
operations, not all these persons would be parties.) Likewise, any damage
caused by the aircraft, should be a joint and several liability of the owner,
the licensee and the lessee of the aircraft. The definition of "charterer"
excludes this hirer as a charterer of an aircraft.
However, if a person charters an aircraft from another person and pilots the
aircraft themselves or makes a separate arrangement for a third person to
pilot the aircraft, this is a similar operation to where the owner, the licensee
or the lessee of the aircraft, operates the aircraft. In this instance, the
charterer of the aircraft should be jointly and severally liable with the
owner, the licensee and the lessee of the aircraft.
Alternative Ways of Achieving Policy Objectives
There are no alternative ways of achieving the policy objectives.
Estimated Cost for Government Implementation
Nil.
Consistency with Fundamental Legislative Principles
New sections 280 to 281B, 281D and 281E determine who is liable for port
authority charges and damage to port facilities. These sections impact on
fundamental legislative principles as their provisions include making a
person responsible for the actions of another. Aircraft are often leased or
chartered and the owner has little or no control over where the aircraft is
operating. Aircraft can quickly exit Australian territorial airspace. This
requirement to impose liability on other persons for outstanding charges for
the use of airport facilities is an accepted practice. It is part of commercial
reality when these persons enter into these arrangements.
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Transport Infrastructure and Other Legislation
Amendment Bill 2005
By excluding from the definition of charterer of an aircraft, a person who,
as part of the same transaction, hires the aircraft plus the services of the
pilot, only persons who are involved in the actual operation of the aircraft
are jointly and severally liable for charges and expenses and any damage
incurred.
Notes on Provisions
Clause 17 amends Schedule 6 (Dictionary) and a further definition is
inserted.
The "charterer" of an aircraft excludes a person who, as part of the same
transaction, hires the aircraft plus the services of the pilot. By default, a
charterer of an aircraft includes a person who charters an aircraft from
another person and pilots the aircraft themselves or makes a separate
arrangement for a third person to pilot the aircraft.
� State of Queensland 2005