Duynhoven Harry: Civil Aviation Amendment Bill — Second Reading 
Duynhoven Harry: Civil Aviation Amendment Bill — Second Reading 
[Volume:615;Page:11194] 
Hon HARRY DUYNHOVEN (Associate Minister of Transport) 
: 
 I move  
That the Civil Aviation Amendment Bill be now read a second time 
. I thank particularly the Transport and Industrial Relations Committee for the priority that it has given to this bill and for the improvements it has made to the bill after its introduction. I also thank those who made submissions to the committee. The purpose of the bill is to enable New Zealand to implement the mutual recognition of aviation-related certification between Australia and New Zealand in order to improve aircraft security to update the Civil Aviation Act and finally to consolidate civil aviation law. The select committee accepted that these were important objectives and has made improvements to some clauses. 
Many of the submitters were interested in the provisions of the bill relating to unruly passenger offences. A number of amendments have been made to those provisions to improve the workability of the legislation. In particular if an offence occurs on a foreign aircraft outside but en route to New Zealand and the pilot in command feels that it requires action the bill provides for that pilot in command to request action by the New Zealand enforcement authorities. Some submitters felt that the penalty levels for unruly passenger offences were too low. The select committee has therefore recommended changes to the penalties that more accurately reflect the seriousness of some of the offences. 
The provisions relating to liability for delay were an area of contention for some in the aviation community. The bill transfers the liability provisions for passenger delay from the Carriage by Air Act. That means that if a passenger is delayed the airline is presumed liable for the delay. Liability is capped at 10 times the fare paid for the journey or the total cost of the damage sustained whichever is the lesser amount. The airline is not liable for damages for delay for events that are beyond the control of the airline; for example natural disasters weather and safety considerations etc. 
Some submitters expressed concern that the aviation sector is being treated differently from other transport modes in that regard. That is the case but in the absence of satisfactory protection from generic consumer protection legislation it is appropriate that consumers continue to have that existing right. There was some concern that the provisions regarding delay would apply to adventure operators. The select committee has therefore made minor changes to Part 9B inserted by clause 32 in order to clarify that the bulk of adventure operators are not liable for delay. 
Part 1A inserted by clause 7 provides for the mutual recognition of aviation safety certification between Australia and New Zealand. Under mutual recognition airlines wishing to operate in Australia will benefit from reduced compliance costs as they will be able to operate under their New Zealand certification and will not have to obtain separate Australian certification. That means that airlines will no longer face the costs associated with dual certification such as insurance accident compensation and compliance with differing requirements for airline operations. 
A similar bill containing reciprocal provisions for Australian airlines has been introduced in the Australian Parliament which will allow New Zealand airlines the same rights. The target for implementation of the mutual recognition provisions in Australia and New Zealand was 31 December 2003. However the Australian legislation will not be debated until late in March. Therefore I intend to table Supplementary Order Paper 180 to bring the mutual recognition provisions into force by Order in Council. 
The Supplementary Order Paper will also do a number of other things. It will bring provisions relating to the Aviation Security Service into force the day after the date of assent it will enable the Australian and New Zealand mutual recognition arrangements to be specified in regulations and it will refine the provisions for unruly passengers by clarifying that the director of the Civil Aviation Authority is responsible for enforcement requiring alleged offenders to give their details to enforcement authorities and enhancing consistency with the Civil Aviation Act and the Summary Offences Act. It will also clarify that certain decisions relating to aviation medical certification are appealable to the district court. 
One other matter that I had hoped to have included in the Supplementary Order Paper is the issue of search and rescue—the arrangements that control the National Rescue Coordination Centre. One party only has not approved that matter for introduction in the Supplementary Order Paper and I would respectfully ask for the sixth time the National Party to reconsider that matter in the hope that it can see fit to join every other party in the House and support that measure which would greatly improve the provision of search and rescue coordination. 
 This is important legislation. It covers a variety of issues and reinforces the Government’s commitment to improving aviation safety by extending the measures to deal with unruly passenger behaviour. It also encourages economic development by removing regulatory barriers to the development of the Australian and New Zealand single aviation market. I commend to this bill as reported back from the Transport and Industrial Relations Committee to the House.