Air Services Act 1995
No. 81, 1995
Compilation No. 32
Compilation date: 14 October 2024
Includes amendments: Act No. 38, 2024
About this compilation
This compilation
This is a compilation of the Air Services Act 1995 that shows the text of the law as amended and in force on 14 October 2024 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.
Self‑repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
Part 1—Preliminary
1 Short title
2 Commencement
3 Interpretation
4 Act binds the Crown
5 Extension to external Territories
6 Extra‑territorial application
6A Application of the Criminal Code
Part 2—Establishment, functions and powers of Airservices Australia (AA)
Division 1—Establishment of AA
7 Establishment of AA
Division 2—AA’s functions and powers
8 AA’s functions
9 Manner in which AA must perform its functions
10 AA must consult and cooperate
11 AA’s general powers
12 Delegation of AA’s powers by Chief Executive Officer
Division 3—Miscellaneous
13 Matters to be considered in preparation of corporate plan
14 Minister may direct variation of corporate plan
15 Tabling of corporate plan
16 Ministerial directions to AA
17 Minister may give notices to AA about its strategic direction etc.
18 Supply of information to Minister’s nominee
19 Immunity of AA from State and Territory land use laws
Part 3—Board of AA
Division 1—Establishment and functions
20 Establishment
21 Functions
22 Membership
23 Delegation by Board
Division 2—Meetings etc.
24 Meetings
25 Procedure at meetings
26 Board resolutions without meetings
Division 3—Administrative provisions
27 Period of appointment of appointed members
28 Remuneration and allowances of appointed members
29 Outside employment
30 Leave of absence
31 Resignation of appointed members
32 Termination of appointment of appointed members
33 Acting appointments
Overview
The Air Services Act 1995 was enacted by the Commonwealth Parliament to address the need for a dedicated body to oversee and manage air services in Australia, ensuring safety, efficiency, and compliance with international standards. The Act establishes Airservices Australia (AA) as a body corporate responsible for providing air navigation services, promoting civil aviation, and protecting the environment from the effects of aircraft operations. The primary policy objective of the Act is to ensure that air services in Australia are conducted safely and efficiently, in accordance with international agreements and domestic legislation. The Act also aims to facilitate the commercial operations of AA within the constraints of its public service mandate, including the payment of dividends to the Commonwealth and the imposition of statutory liens on aircraft for unpaid service charges.
Scope and Application
The Air Services Act 1995 establishes Airservices Australia (AA) as a statutory body corporate responsible for providing services and facilities related to air navigation, civil aviation, and environmental protection associated with aircraft operations. This Act applies to AA and its officers, employees, and agents, and extends to external territories and acts, omissions, matters, and things outside Australia, except where a contrary intention is evident. The Act governs the establishment, functions, powers, and operations of AA, including its financial activities, service charges, statutory liens for unpaid service charges, and the seizure and sale of aircraft under statutory lien. The Act also outlines the roles and responsibilities of the Board of AA, the Chief Executive Officer, and other members, including their terms, powers, and potential termination of appointment. Furthermore, the Act addresses the immunity of AA from certain land use laws, the regulation of service charges and penalties, and the procedures for the review of AA's decisions. The Act's application and enforcement are supported by subordinate instruments and regulations that may prescribe matters necessary for carrying out or giving effect to the Act.
Key Provisions
- The Air Services Act 1995, as amended, establishes the entity Airservices Australia (AA) and outlines its functions, powers, and governance structure. The Act mandates that AA provide services and facilities for the purpose of Australia or another country giving effect to the Chicago Convention or other international agreements relating to the safety, regularity, or efficiency of air navigation. AA is also tasked with promoting civil aviation, cooperating with the Australian Transport Safety Bureau in relation to investigations that relate to aircraft, and carrying out activities to protect the environment from the effects of, and the effects associated with, the operation of Commonwealth jurisdiction aircraft, whether in or outside Australia. AA's functions are broad and include providing consultancy and management services related to aviation, as well as services and facilities for purposes other than those mentioned if they are within the executive or legislative powers of the Commonwealth and do not impede AA's primary functions. AA must give priority to providing services and facilities in relation to air navigation within Australian-administered airspace.
- The Act imposes various obligations on AA, including to consult with relevant bodies and organisations, to ensure the safety of air navigation is the most important consideration, and to protect the environment from the effects of the operation and use of aircraft. It also mandates that AA comply with directions from the Minister regarding the performance of its functions or the exercise of its powers, and to be reimbursed for any financial detriment suffered as a result of such compliance, unless the direction pertains to specific functions related to environmental protection.
- Under the Act, AA is not liable to pay tax under any law of a State or Territory, except for payroll tax. The Act also allows the Board of AA to set service charges for services or facilities provided by AA, subject to certain conditions, and to impose penalties for late payment of service charges. If service charges or penalties remain unpaid, a statutory lien vests in AA on the aircraft, allowing AA to seize, insure, and eventually sell the aircraft. The Act protects AA from legal actions for loss or damage to an aircraft during its seizure or while it is in AA's custody, possession, or control, except in cases of wilful or negligent conduct by AA's employees or agents.
- Offences under the Act include the unauthorised removal of an aircraft under a statutory lien from Australian territory, and the unauthorised detachment of any part or equipment from such an aircraft. These offences carry maximum penalties of imprisonment for three and two years, respectively. Failure to comply with certain provisions can result in civil or criminal consequences, including fines and imprisonment, as determined by the courts. The Act also provides for the review of certain decisions made by AA and allows for the making of regulations necessary for carrying out or giving effect to the Act.
- Area of Law
- Aviation Law
- Environmental Law
- Instrument
- Act
- Concepts
- Definitions & Interpretation
- Commencement Provisions
- Repeal & Amendment
- Transitional Provisions
- Delegated & Subordinate Legislation
- Licensing & Registration
- Enforcement Powers
- Prohibited Conduct