Document ID: chunk:federal_register_of_legislation:C2004A04248:body:0:p7
Version: federal_register_of_legislation:C2004A04248
Segment Type: other
Provision Reference: 
Character Range: 16355–19287

undertake a particular activity (whether the authorisation is called an authority, licence, certificate, rating or endorsement or is known by some other name);".

General functions of Authority

12. Section 9 of the Principal Act is amended:

    (a) by omitting subsection (1A);

    (b) by omitting from subsection (4) ", and the function referred to in subsection (1A),".

13. After section 9 of the Principal Act the following section is inserted:

Environmental functions of Authority

"9AA.(1) For the purposes of this section, an aircraft is a Commonwealth jurisdiction aircraft if it is not a state aircraft and it is an aircraft:

    (a) that is being operated:

         (i) in the course of trade and commerce with other countries or among the States; or

         (ii) in the course of, or for the purposes of, the provision of

         services by a trading corporation (within the meaning of paragraph 51(xx) of the Constitution); or

         (iii) by a foreign corporation (within the meaning of that paragraph of the Constitution); or

         (iv) in a Territory, between Territories or between a Territory and a State; or

         (v) in a journey to or from a place that has been acquired by the Commonwealth for public purposes; or

    (b) that is:

         (i) in the possession or under the control of the Commonwealth or an authority of the Commonwealth; or

         (ii) being used wholly or principally for a purpose of the Commonwealth.

"(2) The functions of the Authority include:

    (a) carrying out activities to protect the environment from the effects of, and the effects associated with, the operation of Commonwealth jurisdiction aircraft; and

    (b) investigating damage to property caused by wake vortices produced by the operation of Commonwealth jurisdiction aircraft; and

    (c) arranging for the provision of compensation to people whose property has been damaged by wake vortices produced by the operation of Commonwealth jurisdiction aircraft.

"(3) In paragraphs (2)(b) and (2)(c), a reference to damage to property does not include damage to aircraft in flight.

"(4) Under paragraph (2)(c), the Authority may itself pay compensation if it considers it appropriate.

"(5) Nothing in this section is to be taken to confer a right on any person to compensation for damage to property caused by wake vortices produced by the operation of Commonwealth jurisdiction aircraft.

"(6) Subject to section 12, the function referred to in paragraph (2)(a) may be performed at the discretion of the Authority.".

14. After section 19 of the Principal Act, the following sections are inserted:

Flying unregistered aircraft etc.

"20AA.(1) A person must not fly an aircraft within Australian territory unless:

    (a) the aircraft is registered under the Civil Aviation regulations; or

    (b) the aircraft is, under this Act or those regulations, not required to be registered under