Aviation Legislation Amendment Act (No. 1) 2000

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Aviation Legislation Amendment Act (No. 1) 2000

 

No. 48, 2000

 

 

 

 

Aviation Legislation Amendment Act (No. 1) 2000

 

No. 48, 2000

 

 

 

 

An Act to amend legislation relating to aviation, and for related purposes

 

 

Contents

1 Short title...................................

2 Commencement...............................

3 Schedule(s)..................................

Schedule 1—Amendment of the Air Navigation Act 1920

Schedule 2—Amendment of the Sydney Airport Curfew Act 1995

 

Aviation Legislation Amendment Act (No. 1) 2000

No. 48, 2000

 

 

 

An Act to amend legislation relating to aviation, and for related purposes

[Assented to 3 May 2000]

The Parliament of Australia enacts:

1  Short title

  This Act may be cited as the Aviation Legislation Amendment Act (No. 1) 2000.

2  Commencement

 (1) Subject to subsection (2), this Act commences on the day on which it receives the Royal Assent.

 (2) The items in Schedule 2 commence 28 days after the day on which this Act receives the Royal Assent.

3  Schedule(s)

  Subject to section 2, each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.


Schedule 1—Amendment of the Air Navigation Act 1920

 

1  Subsection 3(1) (paragraph (a) of the definition of State aircraft)

Omit “under the regulations”, substitute “under regulations made under the Civil Aviation Act 1988”.

2  Paragraph 11A(1)(a)

Omit “foreign airlines”, substitute “foreign persons”.

3  Paragraphs 11A(1)(b) and (c)

Repeal the paragraphs, substitute:

 (b) if foreign persons have relevant interests in shares in the Australian international airline that represent, in total, more than 49% of the total value of the issued share capital of the Australian international airline—to take all necessary action to ensure that its constitution complies with subsection (2).

4  Subsection 11A(2)

Omit all the words before paragraph (a), substitute:

 (2) The constitution of an Australian international airline complies with this subsection if it:

5  Paragraph 11A(2)(a)

Omit “impose”, substitute “imposes”.

6  Paragraph 11A(2)(a)

Omit “foreign airlines”, substitute “foreign persons”.

7  Paragraph 11A(2)(a)

Omit “35%”, substitute “49%”.

8  Paragraph 11A(2)(b)

Repeal the paragraph.

9  Paragraph 11A(2)(c)

Omit all the words before subparagraph (c)(i), substitute:

 (c) confers the following powers on the directors of the Australian international airline to enable the directors to enforce the restrictions referred to in paragraph (a):

10  Subsection 11A(4)

Insert:

Australian citizen has the same meaning as in the Australian Citizenship Act 1948.

11  Subsection 11A(4)

Insert:

Australian person means:

 (a) an individual who is an Australian citizen or is ordinarily resident in Australia; or

 (b) the Commonwealth, a State or a Territory; or

 (c) a person who is a nominee of the Commonwealth or of a State or a Territory; or

 (d) a Commonwealth, State or Territory authority; or

 (e) a person who is a nominee of a Commonwealth, State or Territory authority; or

 (f) a local government body (whether incorporated or not) formed by or under a law of a State or a Territory; or

 (g) a person who is a nominee of a local government body referred to in paragraph (f); or

 (h) a body corporate that:

 (i) is incorporated by or under a law of the Commonwealth or of a State or a Territory; and

 (ii) is substantially owned and effectively controlled by persons referred to in paragraph (a), (b), (c), (d), (e), (f), (g) or (i); or

 (i) a person in the capacity of a trustee, or manager, of a fund in which the total interests (if any) of persons referred to in paragraph (a), (b), (c), (d), (e), (f), (g) or (h) represent 60% or more of the total interests in the fund.

12  Subsection 11A(4)

Insert:

foreign person means:

 (a) a foreign airline; or

 (b) a person (other than a foreign airline) who is not an Australian person.

13  Paragraphs 11B(1)(a), (b), (c), (d), (e) and (f)

Omit “mandatory articles” (wherever occurring), substitute “mandatory provisions of its constitution”.

14  Subsection 11B(2)

Omit “mandatory articles”, substitute “mandatory provisions of its constitution”.

15  Subsection 11B(11) (definition of mandatory articles)

Repeal the definition.

16  Subsection 11B(11)

Insert:

mandatory provisions, in relation to the constitution of an Australian international airline, means those provisions of the constitution that would be required in order for the airline’s constitution to comply with subsection 11A(2).

17  Paragraph 26(2)(k)

Omit “$5,000”, substitute “50 penalty units”.


Schedule 2—Amendment of the Sydney Airport Curfew Act 1995

 

1  Subsection 7(2)

Omit “200 penalty units”, substitute “1,000 penalty units”.

2  Subsection 7(2) (note 1)

Omit “1,000 penalty units”, substitute “5,000 penalty units”.

3  Subsection 10(2)

Omit “100 penalty units”, substitute “500 penalty units”.

4  Subsection 10(2) (note 1)

Omit “500 penalty units”, substitute “2,500 penalty units”.

 

 

[Minister’s second reading speech made in—

House of Representatives on 8 March 2000

Senate on 5 April 2000]

 

 

 

 

(27/00)


 

Overview

The Aviation Legislation Amendment Act (No. 1) 2000 was enacted by the Parliament of Australia to address gaps and update provisions in existing aviation legislation, particularly relating to ownership and control of Australian international airlines, and to modify penalties under the Sydney Airport Curfew Act 1995. This Act aims to align the legislative framework with current regulatory needs and standards, ensuring that the aviation industry operates under a clear and effective legal structure. The Act received Royal Assent on 3 May 2000, and certain provisions began to take effect 28 days after that date. The overarching policy objective is to maintain and enhance the safety, efficiency, and international competitiveness of Australia's aviation sector by modernising and clarifying relevant legal requirements.

Scope and Application

The Aviation Legislation Amendment Act (No. 1) 2000 applies to various aspects of Australian aviation law, amending the Air Navigation Act 1920 and the Sydney Airport Curfew Act 1995. The Act primarily targets entities involved in aviation, including Australian international airlines and their shareholders, and regulates their conduct in line with national security and economic interests. The amendments to the Air Navigation Act 1920 revise the criteria for the definition of State aircraft, adjust the thresholds for foreign ownership in Australian international airlines, and clarify the definition of certain terms such as "Australian person" and "foreign person." The Act also updates the penalties for non-compliance with curfew regulations at Sydney Airport. The changes in the Air Navigation Act 1920 apply nationwide, whereas the amendments to the Sydney Airport Curfew Act 1995 are geographically limited to Sydney. The Act came into effect immediately upon receiving Royal Assent, except for specific items in Schedule 2, which commenced 28 days later. The Act allows for further regulation through subordinate instruments, which can be used to specify additional details or refine the application of the amended provisions. However, the primary focus of the Act is to ensure that Australian international airlines comply with national security and economic interests by limiting foreign ownership and aligning the constitution of these airlines with updated regulatory standards. The Act does not explicitly state any exclusions or exemptions, meaning the amended provisions apply broadly to the specified entities and conduct within their scope.

Key Provisions

The Aviation Legislation Amendment Act (No. 1) 2000 makes several significant changes to existing aviation legislation in Australia. For instance, under Schedule 1, it amends the Air Navigation Act 1920 by altering the definition of "State aircraft" to clarify that it refers to aircraft under regulations made under the Civil Aviation Act 1988. It also modifies the conditions under which foreign persons can have interests in Australian international airlines, increasing the threshold for mandatory action from 35% to 49% of the total value of the issued share capital. Furthermore, it expands the definition of "Australian person" to include more categories of entities that can hold shares in Australian airlines, and it redefines the term "mandatory provisions" in relation to the constitution of an Australian international airline. These amendments impose certain obligations on Australian international airlines and their shareholders. For example, if foreign persons have relevant interests in shares in an Australian international airline that represent more than 49% of the total value of the issued share capital, the airline must take all necessary action to ensure its constitution complies with the new provisions. This includes imposing restrictions on foreign persons and conferring certain powers on the directors to enforce these restrictions. Additionally, the Act requires the airline's constitution to include provisions that would be necessary to comply with the new requirements. Breaching the provisions of the amended Acts can lead to serious consequences. For instance, under Schedule 2 of the Act, it amends the Sydney Airport Curfew Act 1995 by increasing the penalties for various offences related to airport curfews and noise. Specifically, the penalty for contravening curfew conditions is increased from 200 penalty units to 1,000 penalty units, and the penalty for contravening noise conditions is increased from 100 penalty units to 500 penalty units. These amendments are designed to ensure compliance with aviation regulations and to impose significant financial penalties for non-compliance. The maximum penalties for breaches are now substantially higher, reflecting the seriousness of the offences.

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Aviation Law
Instrument
Act
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Commencement Provisions
Repeal & Amendment
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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.