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This is a Bill, not an Act. For current law, see the Acts databases.
1998–1999–2000
The
Parliament of the
Commonwealth of
Australia
HOUSE OF
REPRESENTATIVES
Presented and read a first
time
Aviation
Noise Ombudsman Bill 2000
No. ,
2000
(Mr Albanese)
A
Bill for an Act to establish an Aviation Noise Ombudsman, and for related
purposes
ISBN: 0642 450986
Contents
Part 1—Preliminary 1
Part 2—Establishment, functions and powers of the Aviation Noise
Ombudsman 3
Air Services Act 1995 5
Civil Aviation Act 1988 5
Ombudsman Act 1976 5
A Bill for an Act to establish an Aviation Noise
Ombudsman, and for related purposes
The Parliament of Australia enacts:
This Act may be cited as the Aviation Noise Ombudsman Act
2000.
This Act commences on the date to be fixed by proclamation.
In this Bill, unless the contrary intention appears:
AA means Airservices Australia established by the Air
Services Act 1995.
Commonwealth Ombudsman means the Commonwealth Ombudsman
established by the Ombudsman Act 1976.
Ombudsman means the Aviation Noise Ombudsman.
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repealed as set out in the applicable items in the Schedule concerned, and any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.
Part
2—Establishment, functions
and powers of the Aviation Noise Ombudsman
5 Establishment
As soon as practicable after the commencement of this Act, an Aviation
Noise Ombudsman shall be appointed by the Chief Executive Officer of
AA.
6 Functions
(1) The Ombudsman shall serve as a point of liaison between AA and the
public on aircraft noise and related issues, in relation to populated areas
affected by aircraft arriving at and departing from all airports subject to the
Civil Aviation Act 1988.
(2) The Ombudsman shall be consulted when AA or any other relevant agency
proposes any changes to aircraft routes in order to ensure that any route
changes minimise aircraft noise in populated areas.
(3) The Ombudsman shall refer any complaints relating to aircraft noise in
populated areas to the Commonwealth Ombudsman who shall take appropriate action
in relation to such complaints.
7 Powers
The Ombudsman has power to do all things necessary or convenient to be done
for or in connection with the performance of his or her functions.
8 Consultation
In the performance of his or her functions and the exercise of his or her
powers, the Ombudsman must, where appropriate, consult with government,
commercial, industrial, consumer, community and other relevant bodies and
organisations.
9 Appointment and
remuneration
(1) A person appointed as the Ombudsman holds office for the period (not
longer than 3 years) specified in the instrument of appointment, but is
eligible for re-appointment.
(2) The Ombudsman is to be paid the remuneration determined by the
Remuneration Tribunal.
(3) The remuneration of the Ombudsman is to be paid out of funding
appropriated to AA for its operation as a Commonwealth authority.
(4) Expenditure by the Ombudsman in performance of his or her functions is
to be funded by AA out of funding appropriated to AA for its operations as a
Commonwealth authority.
10 Regulations
The Governor General may make regulations prescribing matters:
(a) required or permitted under this Act to be prescribed; or
(b) necessary or convenient to be prescribed for carrying out or giving
effect to the Act.
1 Section 10
After “including”, insert “the Aviation Noise
Ombudsman,”.
2 At the end of subsection
9(3)
Add:
; (h) co-operating with the Aviation Noise Ombudsman as
required.
3 At the end of paragraph
9A(2)(b)
Add “including excessive noise in populated areas”.
4 At the end of paragraph
5(1)(b)
After “by a prescribed authority”, insert:
“, except when the action relates to a proposal to change an aircraft
route which may result in increased noise over populated areas, and is subject
to investigation by the Aviation Noise Ombudsman”.
5 After subsection 5(1)
Insert:
(1A) When an action or complaint under subsection 5(1) relates to aircraft
noise, the Commonwealth Ombudsman shall consult with the Aviation Noise
Ombudsman.
——————