An Act to amend the Air Transport Act 1964 so as to provide for the deregulation of certain air transport service routes, abolish the Air Transport Council and establish the State Aviation Working Group; and for other purposes.
1 Name of Act
This Act is the Air Transport Amendment Act 2006.
2 Commencement
This Act commences on a day or days to be appointed by proclamation.
3 Amendment of Air Transport Act 1964 No 36
The Air Transport Act 1964 is amended as set out in Schedule 1.
4 Repeal of Air Transport Regulation 2000
The Air Transport Regulation 2000 is repealed.
Schedule 1 Amendments
(Section 3)
[1] Section 2 Definitions
Omit the definitions of , Air Transport Council and Regulations from section 2 (1).Insert in alphabetical order:deregulated route means a route that is declared to be a deregulated route by an order in force under section 4A.Director-General means the Director-General of the Ministry of Transport.Working Group means the State Aviation Working Group established by section 12A.
[2] Sections 2A, 2B and 2C
Omit the sections.
[3] Section 3 Licensing of persons for the carriage intrastate of passengers
Omit “if aircraft operated by the person are engaged in a service conducted” from section 3 (1A).Insert instead “if aircraft operated by the person, whether alone or together with aircraft operated by some other person, are engaged in a service conducted by the person, whether alone or in association with any other such person”.
[4] Sections 3 (1A) (b) and (1B), 5 (1) (b) and (e) and (2), 6 (1) and (3), 7 (1) and 8 (1), (2) (b), (3) and (4)
Omit “Minister” wherever occurring. Insert instead “Director-General”.
[5] Section 3 (3)
Insert after section 3 (2):(3) This section does not apply to:(a) the provision of a charter service, being any air transport service that is operated or provided otherwise than as a regular service over a particular route, or(b) the provision of a regular air transport service over a deregulated route.
[6] Section 3A Authority for Australian Airlines to operate intrastate air services
Omit the section.
[7] Section 4A
Insert after section 4:4A Deregulated routes(1) The Minister may, by order published in the Gazette, declare specified routes or classes of routes to be deregulated routes for the purposes of this Act.(2) In deciding whether to make such a declaration with respect to particular routes or classes of routes, the Minister must have regard to the following matters:(a) the needs of the public of New South Wales as a whole, and of the public of any area or district, for air transport services along the routes concerned,(b) fostering competition between airlines in relation to the routes concerned,(c) the effect, if any, on the maintenance and development of adequate and reasonable public air transport services within New South Wales, of the operation of aircraft over the routes concerned,(d) the effect, if any, on the economic development of, or on the environment in, any area or district within New South Wales, of the operation of aircraft over the routes concerned.
[8] Section 5 Applications for licences
Omit section 5 (1) (c).
[9] Section 6
Omit “by the Minister” from the heading to the section.
[10] Section 7 Licences
Omit section 7 (3).
[11] Section 10 Determinations of application and licence fees
Omit the section.
[12] Section 10A
Insert before section 11:10A Review by Administrative Decisions Tribunal(1) An applicant for a licence may apply to the Administrative Decisions Tribunal for a review of any decision made by the Director-General with respect to the application.(2) A person whose licence has been varied or revoked by the Director-General may apply to the Administrative Decisions Tribunal for a review of the Director-General’s decision to vary or revoke the licence.
[13] Section 11A
Omit the section. Insert instead:11A Delegation of Director-General’s functionsThe Director-General may delegate to any person any of the Director-General’s functions under this Act, other than this power of delegation.
[14] Sections 12A and 12B
Insert after section 12:12A Establishment of State Aviation Working Group(1) There is to be a State Aviation Working Group, whose members are to include:(a) an officer of the Ministry of Transport appointed by the Director-General of that Ministry,(b) an officer of the Department of Planning appointed by the Director-General of that Department,(c) an officer of the Department of Tourism, Sport and Recreation appointed by the Director-General of that Department,(d) an officer of the Department of State and Regional Development appointed by the Director-General of that Department,(e) a person appointed by the Minister on the nomination of the Shires Association of New South Wales,(f) a person appointed by the Minister on the nomination of the Regional Aviation Association of Australia,(g) a person appointed by the Minister on the nomination of the Australian Airports Association.(2) The member referred to in subsection (1) (a) is the Chairperson of the Working Group.(3) Schedule 1 has effect with respect to the constitution and procedure of the Working Group.12B Functions of State Aviation Working GroupThe Working Group has the following functions in relation to the provision of air transport services within New South Wales:(a) to advise the Director-General (and, through the Director-General, the Minister) on matters relating to the regulation of those services, including the policies and strategies to be adopted in relation to those services,(b) to provide information concerning the regulation of those services to persons having an interest in the provision of those services, including both State and local government agencies,(c) to seek the views of persons having an interest in the provision of those services in relation to the regulation of those services.
[15] Section 13 Regulations
Omit section 13 (1) (a) and (a1). Insert instead:(a) the provision to the Director-General, by persons involved in the operation or provision of air transport services within New South Wales, of statistical information concerning the operation or provision of those services, and
[16] Section 19
Insert after section 18:19 Savings, transitional and other provisionsSchedule 2 has effect.
[17] Schedules 1 and 2
Omit the Schedules. Insert instead:Schedule 1 Constitution and procedure of State Aviation Working Group(Section 12A)Part 1 General1 DefinitionsIn this Schedule:Chairperson means the Chairperson of the Working Group.member means any member of the Working Group.Ministerial appointee means a person who is appointed by the Minister as a member of the Working Group.Part 2 Constitution2 Terms of office of Ministerial appointeesSubject to this Schedule and the regulations, a Ministerial appointee holds office for such period (not exceeding 2 years) as is specified in his or her instrument of appointment, but is eligible (if otherwise qualified) for re-appointment.3 Ministerial appointees to be part-time membersMinisterial appointees hold office as part-time members.4 Remuneration of Ministerial appointeesA Ministerial appointee is entitled to be paid such remuneration (including travelling and subsistence allowances) as the Minister may from time to time determine in respect of the appointee.5 Vacancy in office of Ministerial appointee(1) The office of a Ministerial appointee becomes vacant if the appointee:(a) dies, or(b) completes a term of office and is not re-appointed, or(c) resigns the office by instrument in writing addressed to the Minister, or(d) is removed from office by the Minister under this clause or by the Governor under Chapter 5 of the Public Sector Employment and Management Act 2002, or(e) is absent from 3 consecutive meetings of the Working Group of which reasonable notice has been given to the appointee personally or by post, except on leave granted by the Director-General or unless the appointee is excused by the Director-General for having been absent from those meetings, or(f) becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his or her creditors or makes an assignment of his or her remuneration for their benefit, or(g) becomes a mentally incapacitated person, or(h) is convicted in New South Wales of an offence that is punishable by imprisonment for 12 months or more or is convicted elsewhere than in New South Wales of an offence that, if committed in New South Wales, would be an offence so punishable.(2) The Minister may remove a Ministerial appointee from office at any time.6 Filling of vacancy in office of Ministerial appointeeIf the office of a Ministerial appointee becomes vacant, a person is, subject to this Act and the regulations, to be appointed to fill the vacancy.7 Disclosure of pecuniary interests(1) If:(a) a member has a direct or indirect pecuniary interest or other interest in a matter being considered or about to be considered at a meeting of the Working Group, andthe member must, as soon as possible after the relevant facts have come to the member’s knowledge, disclose the nature of the interest at a meeting of the Working Group.(b) the interest appears to raise a conflict with the proper performance of the member’s duties in relation to the consideration of the matter,(2) A disclosure by a member at a meeting of the Working Group that the member:(a) is a member, or is in the employment, of a specified company or other body, or(b) is a partner, or is in the employment, of a specified person, oris a sufficient disclosure of the nature of the interest in any matter relating to that company or other body or to that person that may arise after the date of the disclosure and that is required to be disclosed under subclause (1).(c) has some other specified interest relating to a specified company or other body or to a specified person,(3) After a member has disclosed the nature of an interest in any matter, the member must not, unless the Minister or the Working Group otherwise determines:(a) be present during any deliberation of the Working Group with respect to the matter, or(b) take part in any decision of the Working Group with respect to the matter.(4) For the purposes of the making of a determination by the Working Group under subclause (3), a member who has a direct or indirect pecuniary interest or other interest in a matter to which the disclosure relates must not:(a) be present during any deliberation of the Working Group for the purpose of making the determination, or(b) take part in the making by the Working Group of the determination.(5) Subclauses (1) and (3) do not apply to an interest that the member has as:(a) a member of any local government agency, or(b) an office bearer of any statutory body, or(c) a member of the Public Service or an employee of a statutory body.(6) A contravention of this clause does not invalidate any decision of the Working Group.(7) This clause applies to a member of a committee of the Working Group and the committee in the same way as it applies to a member of the Working Group and the Working Group.8 Effect of certain other Acts(1) Chapter 2 of the Public Sector Employment and Management Act 2002 does not apply to or in respect of the appointment of a Ministerial appointee.(2) If by or under any Act provision is made:(a) requiring a person who is the holder of a specified office to devote the whole of his or her time to the duties of that office, orthe provision does not operate to disqualify the person from holding that office and also the office of a Ministerial appointee or from accepting and retaining any remuneration payable to the person under this Act as a Ministerial appointee.(b) prohibiting the person from engaging in employment outside the duties of that office,Part 3 Procedure9 General procedureThe procedure for the calling of meetings of the Working Group and for the conduct of business at those meetings is, subject to this Act and the regulations, to be as determined by the Working Group.10 QuorumThe quorum for a meeting of the Working Group is 4 members, of whom one is to be the Chairperson.11 Presiding member(1) At any meeting of the Working Group, the Chairperson is to preside.(2) The Chairperson has a deliberative vote and, in the event of an equality of votes, has a second or casting vote.12 VotingA decision supported by a majority of the votes cast at a meeting of the Working Group at which a quorum is present is the decision of the Working Group.13 Transaction of business outside meetings or by telephone(1) The Working Group may, if it thinks fit, transact any of its business by the circulation of papers among all the members of the Working Group for the time being, and a resolution in writing approved in writing by a majority of those members is taken to be a decision of the Working Group.(2) The Working Group may, if it thinks fit, transact any of its business at a meeting at which members (or some members) participate by telephone, closed-circuit television or other means, but only if any member who speaks on a matter before the meeting can be heard by the other members.(3) For the purposes of:(a) the approval of a resolution under subclause (1), orthe Chairperson and each member have the same voting rights as they have at an ordinary meeting of the Working Group.(b) a meeting held in accordance with subclause (2),(4) A resolution approved under subclause (1) is, subject to the regulations, to be recorded in the minutes of the meetings of the Working Group.(5) Papers may be circulated among the members for the purposes of subclause (1) by facsimile or other transmission of the information in the papers concerned.14 MinutesThe Working Group must keep minutes of proceedings at its meetings.15 First meetingThe Minister may call the first meeting of the Working Group in such manner as the Minister thinks fit.Schedule 2 Savings, transitional and other provisions(Section 19)Part 1 Preliminary1 Savings and transitional regulations(1) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of the following Acts:(2) Such a provision may, if the regulations so provide, take effect from the date of assent to the Act concerned or a later day.(3) To the extent to which such a provision takes effect from a date that is earlier than the date of its publication in the Gazette, the provision does not operate so as:(a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of that publication, or(b) to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of that publication.Part 2 Provisions consequent on Air Transport Amendment Act 20062 Abolition of Air Transport Council(1) The Air Transport Council is abolished.(2) No compensation is payable to any member of the Air Transport Council who is removed from office under this clause.3 Fees for applications and licences(1) Fees that had been paid under section 7 of this Act before its amendment by the Air Transport Amendment Act 2006 do not have to be repaid.(2) Fees that had been payable under section 7 of this Act before its amendment by the Air Transport Amendment Act 2006, but had not been paid, do not have to be paid.4 Appeals to Administrative Decisions TribunalSection 10A, as inserted by the Air Transport Amendment Act 2006, does not apply to any decision made before the commencement of that section.