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This is a Bill, not an Act. For current law, see the Acts databases.
AIRPORTS (ON-AIRPORT ACTIVITIES ADMINISTRATION) VALIDATION BILL 2010
2008-2009-2010
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Airports (On-Airport Activities
Administration) Validation Bill 2010
No. , 2010
(Infrastructure, Transport, Regional Development and Local Government)
A Bill for an Act to provide certainty about the
validity of certain airport matters, and for related
purposes
i Airports (On-Airport Activities Administration) Validation Bill 2010 No. , 2010
Contents
1 Short
title
...........................................................................................
1
2 Commencement
.................................................................................
1
3
Validation of issue of infringement notices ....................................... 2
4 Validation
of
other
things done .......................................................... 2
5
Extended operation of sections 3 and 4 ............................................. 3
6
Compensation for acquisition of property ......................................... 3
Airports (On-Airport Activities Administration) Validation Bill 2010 No. , 2010 1
A Bill for an Act to provide certainty about the
1
validity of certain airport matters, and for related
2
purposes
3
The Parliament of Australia enacts:
4
1 Short title
5
This Act may be cited as the Airports (On-Airport Activities
6
Administration) Validation Act 2010.
7
2 Commencement
8
This Act commences on the day this Act receives the Royal
9
Assent.
10
Section 3
2 Airports (On-Airport Activities Administration) Validation Bill 2010 No. , 2010
3 Validation of issue of infringement notices
1
(1) This section applies in relation to a notice purportedly issued,
2
before the commencement of this section, as an infringement
3
notice for an infringement notice offence under the Airports
4
(Control of On-Airport Activities) Regulations 1997 to the extent
5
that, apart from this section, the notice would not be valid or
6
effective as an infringement notice because:
7
(a) the notice was issued by a person who was not appointed, or
8
was not validly appointed, as an authorised person for the
9
purpose of the provision of the regulations that creates the
10
offence; or
11
(b) a thing did not, or could not, happen as required by the
12
Airports (Control of On-Airport Activities) Regulations 1997
13
because the person was not appointed, or was not validly
14
appointed, as such an authorised person.
15
(2) Subject to subsection (3), the notice is as valid and effective, and is
16
taken always to have been as valid and effective, as an
17
infringement notice, as it would have been if:
18
(a) the person who issued the notice was validly appointed as an
19
authorised person for the purpose of the provision concerned;
20
and
21
(b) the thing did happen.
22
(3) This section does not affect rights or liabilities arising between
23
parties to proceedings heard and finally determined by a court on
24
or before the commencement of this section, to the extent that
25
those rights or liabilities arose from, or were affected by, a notice
26
referred to in subsection (1).
27
4 Validation of other things done
28
(1) This section applies:
29
(a) in relation to a thing done by a person before the
30
commencement of this section:
31
(i) in the purported performance of any function; or
32
(ii) in the purported exercise of any power;
33
Section 5
Airports (On-Airport Activities Administration) Validation Bill 2010 No. , 2010 3
of an authorised person under a provision of the Airports
1
(Control of On-Airport Activities) Regulations 1997 (other
2
than regulation 145 as it applies because of section 3); and
3
(b) to the extent that the doing of the thing would, apart from this
4
section, be invalid or ineffective because the person was not
5
appointed, or was not validly appointed, as an authorised
6
person for the purpose of the provision.
7
(2) Subject to subsection (3), the thing done is as valid and effective,
8
and is taken always to have been as valid and effective, as it would
9
have been if the person who did it was validly appointed as an
10
authorised person for the purpose of the provision concerned.
11
(3) This section does not affect rights or liabilities arising between
12
parties to proceedings heard and finally determined by a court on
13
or before the commencement of this section, to the extent that
14
those rights or liabilities arose from, or were affected by, a thing
15
done by a person as described in subsection (1).
16
5 Extended operation of sections 3 and 4
17
Sections 3 and 4 apply in relation to a place that, during a period
18
that ended before the commencement of this section, was a
19
Commonwealth place (as defined in the Airports Act 1996), in the
20
same way as they apply in relation to other places.
21
6 Compensation for acquisition of property
22
(1) If the operation of this Act would result in an acquisition of
23
property from a person otherwise than on just terms, the
24
Commonwealth is liable to pay a reasonable amount of
25
compensation to the person.
26
(2) If the Commonwealth and the person do not agree on the amount
27
of the compensation, the person may institute proceedings in a
28
court of competent jurisdiction for the recovery from the
29
Commonwealth of such reasonable amount of compensation as the
30
court determines.
31
(3) In this section:
32
Section 6
4 Airports (On-Airport Activities Administration) Validation Bill 2010 No. , 2010
acquisition of property has the same meaning as in paragraph
1
51(xxxi) of the Constitution.
2
just terms has the same meaning as in paragraph 51(xxxi) of the
3
Constitution.
4