Air Services Amendment Regulations 2019

Administered by Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts

Legislation au F2019L01424 Regulations Not in force Legislative Instrument

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EXPLANATORY STATEMENT

 

 

Issued by the authority of the Deputy Prime Minister and Minister for Infrastructure, Transport and Regional Development

 

Air Services Amendment Regulations 2019

made under the Air Services Act 1995

 

 

The Air Services Act 1995 (the Act) establishes Airservices Australia (AA) as a Corporate Commonwealth Entity to provide services to effect the safety, regularity and efficiency of air navigation. Under the Act, AA provides air traffic, rescue and fire fighting, and aeronautical information services to the aviation industry. The Act states that AA must regard the safety of air navigation as its most important consideration. 

Subsection 77(1) of the Act provides that the Governor General may make regulations, not inconsistent with the Act, prescribing matters required or permitted by the Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to the Act.

Subsection 77(2) of the Act states the regulations may make provision for the functions of AA and the powers that can be exercised by its employees, compensation for loss, publication of Aeronautical Information Publications (AIPs) and Notices to Airmen (NOTAMS), regulating environmental effects of Commonwealth jurisdiction aircraft, immunity from liability, records of aircraft subject to statutory lien and enabling specified documents to be prima facie evidence of aircraft movements.

Air Services Amendment Regulations 2019

The purpose of the Air Services Amendment Regulations 2019 (the Regulations) is to replace section 42 of the Air Services Regulations 2019 (the Principal Regulations) to ensure the scope of immunity set out in section 42 of the Principal Regulations falls within the scope of power set out in section 77 of the Act. Section 42 of the Principal Regulations currently has the potential to overreach its enabling legislation as specified in section 77 of the Act.

The Regulations provide immunity from civil liability to AA and its employees in the good faith exercise of their powers under the Principal Regulations. In particular, this provides immunity to AA and its employees in the exercise of their regulated powers in responding to rescue and fire fighting operations.

Consultation

In accordance with section 17 of the Legislation Act 2003, the Department of Infrastructure, Transport, Cities and Regional Development consulted extensively with AA throughout the amendment process, as well as the Australian Government Solicitor to ensure that the amendment was fit for purpose and was within the scope of its enabling legislation. No concerns were raised regarding the draft Amendment Regulations.

Regulation Impact Statement

The Office of Best Practice Regulation advised a Regulation Impact Statement (RIS) did not need to be prepared for the Air Service Regulations 2019 (OBPR ID: 23097). No further advice has been obtained for this amendment.


Statement of Compatibility with Human Rights

A Statement of Compatibility with Human Rights was received for the Amendment Regulations 2019 and is at Attachment A.

Commencement and making

The Act specifies no conditions that need to be satisfied before the power to make the proposed Regulations may be exercised.

The Air Services Amendment Regulations 2019 are a legislative instrument for the purposes of the Legislation Act 2003. Details of the Regulations are set out in Attachment B.

The Air Services Amendment Regulations 2019 commence the day after this instrument is registered.

 

Authority:  Subsection 77(1) of the

Air Services Act 1995

ATTACHMENT A

 

 

Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

 

Air Services Amendment Regulations 2019

This Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

 

Overview of the Regulations

The Air Services Amendment Regulations 2019 replace section 42 of the Air Services Regulations 2019 to remove an inconsistency relating to immunity provisions. This amendment removes this inconsistency.

 

Human rights implications

These Regulations do not engage any of the applicable rights or freedoms.

 

Conclusion

These Regulations are compatible with human rights as they do not raise any human rights issues.


ATTACHMENT B

 

Details of the Air Services Amendment Regulations 2019

 

Section 1 - Name of Regulations

 

This section provides that the title of the Regulations is the Air Services Amendment Regulations 2019.

 

Section 2 - Commencement

 

This section provides for the Air Services Amendment Regulations 2019 to commence the day after the instrument is registered.

 

Section 3 - Authority

 

This section provides that the Air Services Amendment Regulations 2019 is made under the Air Services Act 1995.

 

Section 4 - Schedules

 

This section provides that each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

 

Schedule 1 - Amendments

 

Item 1, Section 42 – Immunity

 

This section repeals section 42 in the Air Services Regulations 2019 and provides immunity from civil liability to AA and its employees in the good faith exercise of their powers under the Regulations.

 

In particular, this provides immunity to AA and its employees in the exercise of their regulated powers in responding to rescue and fire fighting operations.

 

The source of power for this immunity is section 77(2)(d) of the Air Services Act 1995.

 

 

 

Overview

The Air Services Amendment Regulations 2019 were enacted under the Air Services Act 1995, aiming to address an inconsistency in the existing regulatory framework concerning the scope of immunity provided to Airservices Australia (AA) and its employees. The Regulations were introduced to ensure that the immunity provisions outlined in the Air Services Regulations 2019 fall within the scope of the powers granted by the Air Services Act 1995. The objective of these amendments is to safeguard AA and its employees from civil liability when exercising their powers in good faith, particularly in critical areas such as rescue and fire-fighting operations. Extensive consultation with AA and the Australian Government Solicitor was undertaken to ensure the amendment was appropriate and aligned with the Act. The Regulations were found to be compatible with human rights, as they do not engage any of the applicable rights or freedoms. These Regulations came into effect the day after they were registered.

Scope and Application

The Air Services Amendment Regulations 2019, made under the Air Services Act 1995, specifically target the regulation of immunity provisions for Airservices Australia (AA) and its employees, ensuring alignment with the legislative powers granted by the Act. These regulations apply to AA, its employees, and any entity or person affected by its operations, particularly in the context of air traffic, rescue and fire fighting, and aeronautical information services. The scope of the regulations is confined to Commonwealth jurisdiction, meaning it applies nationally within Australia. The regulations ensure that AA and its employees are granted immunity from civil liability in the good faith exercise of their powers, especially during rescue and fire fighting operations, aligning with the enabling provisions of section 77(2)(d) of the Air Services Act 1995. There are no exclusions, exemptions, or thresholds specified in these regulations, and they come into effect the day after the instrument is registered.

Key Provisions

The Air Services Amendment Regulations 2019 (the Regulations) serve to rectify an inconsistency in the existing Air Services Regulations 2019 (the Principal Regulations), particularly concerning the scope of immunity provided to Airservices Australia (AA) and its employees. Section 42 of the Principal Regulations is repealed and replaced to ensure that the scope of immunity aligns with the powers granted by section 77 of the Air Services Act 1995. This amendment ensures that AA and its employees are granted immunity from civil liability when exercising their powers in good faith, specifically in relation to rescue and fire-fighting operations. These Regulations impose certain obligations and requirements on AA and its employees. They must exercise their powers in good faith to benefit from the immunity provided. This means they must act honestly and reasonably in the discharge of their duties. The immunity extends to the good faith exercise of their regulated powers, particularly in responding to emergencies such as rescue and fire-fighting operations. The Regulations also mandate that any actions taken must be within the scope of the powers conferred by the Act and the Regulations. Failure to comply with the stipulations of these Regulations can lead to significant legal consequences. While specific penalties are not detailed within the text, breaches of the Act or Regulations could potentially result in civil liability claims against AA and its employees if immunity provisions are not met. The primary concern is ensuring that all actions are within the legal framework provided, thus protecting both AA and its employees from undue liability. Additionally, any deviation from good faith or misuse of powers could negate the immunity, exposing AA and its employees to potential legal action. The Regulations also include provisions for ensuring that any necessary records and documents are maintained, such as those required for evidence of aircraft movements and statutory liens on aircraft. This is to ensure transparency and accountability in the operations of AA. The Regulations' compatibility with human rights has been affirmed, indicating that they do not engage any applicable rights or freedoms and thus do not raise any human rights issues. This ensures that the Regulations operate within a legally sound and ethically acceptable framework.

Legal classification tags

Area of Law
Administrative Law
Aviation Law
Instrument
Regulation
Concepts
Definitions & Interpretation
Offence Provisions
Regulatory Standards
Immunity Provisions

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.