Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) In this Act, unless the contrary intention appears:
"AA" means the body called Airservices Australia that is established by this Act.
"aircraft" means any machine or craft that can derive support in the atmosphere from the reactions of the air and, in Division 4 of Part 5, includes an object that was designed or adapted for use as an aircraft but is incapable of being so used because:
(a) a part has, or parts have, been removed from it; or
(b) it is in a wrecked or damaged condition.
"appointed member" means a member of the Board who is appointed by the Minister under subsection 22(2).
"Australian-administered airspace" means:
(a) the airspace over Australian territory; and
(b) airspace that has been allocated to Australia by ICAO under the Chicago Convention and for which Australia has accepted responsibility; and
(c) airspace administered by Australia at the request of another country.
"Australian aircraft" means an aircraft registered in Australia.
"Australian territory" means:
(a) the territory of Australia and of every external Territory; and
(b) the territorial sea of Australia and of every external Territory; and
(c) the air space over any such territory or sea.
"authorised employee" means an employee authorised by AA in writing to act under the provision in which the expression occurs.
"authority of the Commonwealth" includes the following:
(a) the Defence Force;
(c) the Australian Federal Police;
(d) a body, whether incorporated or not, established for a public purpose by or under a law of the Commonwealth or of a Territory;
(e) the holder of an office established for a public purpose by or under a law of the Commonwealth or of a Territory;
(f) a company in which the Commonwealth owns shares that carry more than half the voting power;
but does not include Qantas Airways Limited.
"Board" means the Board of AA.
"CASA" means the Civil Aviation Safety Authority established by the Civil Aviation Act 1988 .
"Chairperson" means the Chairperson of the Board.
"Chicago Convention" means:
(a) the Convention on International Civil Aviation done at Chicago on 7 December 1944, whose English text is set out in Schedule 1 to the Air Navigation Act 1920 ; and
(b) the Protocols amending that Convention, being the Protocols referred to in subsection 3A(2) of that Act, whose English texts are set out in Schedules to that Act; and
(c) the Annexes to that Convention relating to international standards and recommended practices, being Annexes adopted in accordance with that Convention.
"Commonwealth jurisdiction aircraft" means any aircraft that:
(a) 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 journeys to or from places that have been acquired by the Commonwealth for public purposes; or
(b) is in the possession or under the control of the Commonwealth or an authority of the Commonwealth; or
(c) is being used wholly or principally for a purpose of the Commonwealth.
"dealing" , in relation to securities, includes the following:
(a) creating, executing, entering into, drawing, making, accepting, endorsing, issuing, discounting, selling, purchasing or re - selling securities;
(b) creating, selling, purchasing or re - selling rights or options in respect of securities;
(c) entering into agreements or other arrangements relating to securities.
"Deputy Chairperson" means the Deputy Chairperson of the Board.
"employee" means a person employed under section 42.
"Finance Minister" means the Minister administering the Public Governance, Performance and Accountability Act 2013 .
"ICAO" means the International Civil Aviation Organization referred to in the Chicago Convention.
"late payment penalty" means a penalty payable under section 56.
"member" means a member of the Board (including the Chairperson, the Deputy Chairperson and the Chief Executive Officer).
"money raising" means raising money by borrowing or by any other means, whether in Australian currency, foreign currency or a mixture of both.
"outstanding amount" , in relation to an aircraft, means either of the following amounts that has become payable, but has not been paid or been remitted under section 58:
(a) a service charge payable in respect of the aircraft;
(b) late payment penalty on any service charge in respect of the aircraft.
"payable" means due and payable.
"provide" includes maintain, operate and use.
"Register" means the Register maintained under section 64.
"Registrar" means the person who maintains the Register.
"securities" includes stocks, debentures, debenture stocks, notes, bonds, promissory notes, bills of exchange and similar instruments or documents.
"service charge" means a charge under section 53 for services or facilities provided by AA.
"share" means share in the share capital of a corporation, and includes stock.
"statutory lien" means a lien vested in AA under section 59.
"subsidiary" has the meaning given by subsection (3).
(2) A reference in this Act to services and facilities provided by AA is a reference to services and facilities provided as described in subsection 11(3).
(3) The question whether a company is a subsidiary of AA is to be determined in the same way as the question whether a corporation is a subsidiary of another corporation is determined for the purposes of the Corporations Act 2001 .