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This is a Bill, not an Act. For current law, see the Acts databases.
1996-97
The Parliament of
the
Commonwealth of
Australia
HOUSE OF
REPRESENTATIVES
Presented and read a first
time
Transport
Legislation Amendment (Search and Rescue Service) Bill
1997
No. ,
1997
(Transport and Regional
Development)
A Bill for an Act to amend the
Australian Maritime Safety Authority Act 1990, the Air Services Act
1995 and the Civil Aviation Act 1988, and for related
purposes
971132-—924/24.6.1997—(113/97) Cat. No.
96 9292 4 ISBN 0644 505869
Contents
A Bill for an Act to amend the Australian Maritime
Safety Authority Act 1990, the Air Services Act 1995 and the Civil
Aviation Act 1988, and for related purposes
The Parliament of Australia enacts:
This Act may be cited as the Transport Legislation Amendment (Search
and Rescue Service) Act 1997.
(1) Subject to subsection (2), this Act commences on a day to be fixed by
Proclamation.
(2) If this Act does not commence under subsection (1) within the period
of 6 months beginning on the day on which it receives the Royal Assent, it
commences on the first day after the end of that period.
Subject to section 2, 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Act is amended or repealed as set out in the applicable items in the Schedule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.
1 After paragraph 2A(b)
Insert:
(ba) to provide for a national search and rescue service; and
2 Subsection 3(1)
Insert:
Chicago Convention means:
(a) the Convention on International Civil Aviation done at Chicago on 7
December 1944, whose English text is set out in Schedule 1 to the Air
Navigation Act 1920; and
(b) the Protocols amending that Convention, being the Protocols referred
to in subsection 3A(2) of that Act, whose English text is set out in Schedules
to that Act; and
(c) the Annexes to that Convention relating to international standards and
recommended practices, being Annexes adopted in accordance with that
Convention.
3 Subsection 3(1)
Insert:
the Safety Convention has the same meaning as in the
Navigation Act 1912.
4 At the end of section 6
Add:
(5) The provision of a search and rescue service must be in a manner that
is consistent with Australia’s obligations under:
(a) the Chicago Convention; and
(b) the Safety Convention; and
(c) the International Convention on Maritime Search and Rescue 1979 done
at Hamburg on 27 April 1979.
5 Paragraph 13(1)(d)
Repeal the paragraph, substitute:
(d) if the Minister specifies in writing an office in the Department for
the purposes of this subsection—the person for the time being occupying
that office; and
6 Paragraph 13(1)(e)
Omit “3”, substitute “4”.
1 Subparagraph 8(1)(b)(iv)
Repeal the subparagraph.
2 Subparagraph 77(2)(b)(ii)
Omit “search and rescue operations, or”
3 Subparagraph
77(2)(b)(iii)
Omit “, water craft or land vehicles for search and rescue
operations”.
4 Paragraph 77(2)(c)
Repeal the paragraph, substitute:
(c) for compensating persons for loss sustained in respect of the
requisitioning of an aircraft; and
5 Subsection 77(3) (definition of search and
rescue operations)
Repeal the definition.
1 Subsection 3(1) (at the end of subparagraph
(e)(ii) of the definition of aviation safety
standards)
Add:
and (iii) services of the kind referred to in paragraph 6(1)(b) of the
Australian Maritime Safety Authority Act 1990 to the extent that those
services use aircraft;
2 At the end of subparagraph
98(3)(s)(ii)
Add:
and (iii) services of the kind referred to in paragraph 6(1)(b) of the
Australian Maritime Safety Authority Act 1990 to the extent that those
services use aircraft;
In this Schedule, unless the contrary intention appears:
AA means Airservices Australia established by the Air
Services Act.
Air Services Act means the Air Services Act
1995.
AMSA means the Australian Maritime Safety Authority
established by the Australian Maritime Safety Authority Act
1990.
assets means any legal or equitable estates or interests in
real or personal property, whether actual, contingent or prospective, and
includes all rights, powers, privileges and immunities, whether actual,
contingent or prospective.
authorised person means the Minister, or an officer of the
Department authorised by the Minister for the purposes of this
Schedule.
commencing time means the time when this Schedule
commences.
instrument includes a document and an oral
agreement.
2
Transfer of certain AA assets to AMSA
(1) If an asset of AA is identified in a written determination
that:
(a) is made by an authorised person for the purposes of this clause;
and
(b) takes effect at the commencing time;
the asset becomes an asset of AMSA at the commencing time.
(2) If an asset of AA is identified in a written determination
that:
(a) is made, after the commencing time, by an authorised person for the
purposes of this clause; and
(b) states that the asset is to become an asset of AMSA on the day
specified in the determination;
the asset becomes an asset of AMSA on that day.
(3) A transfer effected by this clause of an asset is not a disposal of
that asset for the purposes of Part IIIA of the Income Tax Assessment Act
1936.
3
References in certain instruments
(1) If an instrument of AA is identified in a written determination
that:
(a) is made by an authorised person for the purposes of this clause;
and
(b) takes effect at the commencing time;
the instrument continues to have effect, on and after the commencing time,
as if a reference in the instrument to AA were a reference to AMSA.
(2) If an instrument of AA is identified in a written determination
that:
(a) is made by an authorised person for the purposes of this clause;
and
(b) states that the instrument is to have effect, on and after the day
specified in the determination, as if a reference in the instrument to AA were a
reference to AMSA;
the instrument continues to have effect, on and after that day, as if a
reference in the instrument to AA were a reference to AMSA.
4
Value of assets transferred from AA to AMSA
(1) The Minister must make a written determination specifying the value, at
the commencing time, of any asset transferred from AA to AMSA under subclause
2(1).
(2) The Minister may make a written determination specifying the value, at
the time of transfer, of any asset transferred from AA to AMSA under subclause
2(2).
(3) On the transfer of an asset in respect of which a determination has
been made under this clause, AA and AMSA must make all necessary adjustments to
their capital accounts based on the value of the asset as specified in the
determination.
Despite the amendment of the Air Services Act by Schedule 2, AA may
institute or continue any legal proceedings that relate to the performance
before the commencement of that Schedule of its function of providing a search
and rescue service under paragraph 8(1)(b) of that Act.
(1) The Governor-General may make regulations prescribing matters necessary
or convenient to be prescribed for carrying out or giving effect to this
Schedule.
(2) In particular, regulations may be made in relation to transitional
matters arising out of the transfer of the search and rescue function from AA to
AMSA, or otherwise arising out of the enactment of this Schedule.