Commonwealth: Australian National Airlines Act 1945 (Cth)

Australian National Airlines Act 1945 Act No. 31 of 1945 as amended This compilation was prepared on 7 November 2000 taking into account amendments up to Act No. 168 of 1994 The text of any of those amendments not in force on that date is appended in the Notes section Prepared by the Office of Legislative Drafting, Attorney‑General's Department, Canberra Contents Part I—Preliminary 1 Short title [see Note 1]........................... 19A Powers of Commission by virtue of matters referred by State Parliaments, etc Notes An Act to provide for the Establishment and Operation of National Airline Services by the Commonwealth and for other purposes Preamble WHEREAS, in order to ensure, amongst other things, that: (a) trade and commerce with other countries and among the States are fostered and encouraged to the greatest possible extent; (b) the maintenance and development of the Defence Force of the Commonwealth in relation to the defence of Australia by air and the establishment of plant and equipment necessary for that Force are assured; (c) the development of the Territories is promoted with the utmost expedition; and (d) the carriage of mail by air within Australia is promoted to meet the needs of the people of Australia, it is expedient to provide for the matters hereinafter set out: BE it therefore enacted by the King's Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows: Part I—Preliminary 1 Short title [see Note 1] This Act may be cited as the Australian National Airlines Act 1945. 19A Powers of Commission by virtue of matters referred by State Parliaments, etc (1) This section applies in relation to the State of Queensland and the State of Tasmania, being States by whose Parliaments the matter of air transport was referred to the Parliament of the Commonwealth before the commencement of section 10 of the Australian National Airlines Act 1959. (1A) Where, after the commencement of section 10 of the Australian National Airlines Act 1959, and before the commencement of this subsection, the Parliament of a State has referred to the Parliament of the Commonwealth the matter of air transport, or any other matter that is such that, by reason of the reference, it is within the power of the Parliament of the Commonwealth to make exercisable by the Commission in that State the powers referred to in subsection (1D), the Governor‑General may, by Proclamation, declare that this section applies in relation to that State. (1B) This section ceases to apply in relation to a State by virtue of subsection (1)or (1A) if there ceases to be in force any Act of the Parliament of the State by which there is referred to the Parliament of the Commonwealth a matter that is such that, by reason of the reference, it is within the power of the Parliament of the Commonwealth to make exercisable by the Commission in that State the powers referred to in subsection (1D). (1C) This section applies in relation to a State that adopts this section and ceases to apply in relation to that State if the State law by which this section is adopted ceases to be in force. (1D) The Commission may transport passengers and goods, for reward, by air between any place in a State in relation to which this section applies and another place in that State, and the provisions of this Act apply to and in relation to the provision of transport in accordance with this subsection in like manner as they apply to and in relation to the other functions of the Commission. (2) The Commission shall not, pursuant to the powers conferred on it by subsection (1D), transport passengers or goods for reward by air between a place in a State and another place in that State otherwise than in accordance with any law of that State applicable to that transport. (3) Without prejudice to its effect apart from this subsection, this section also has, by force of this subsection, the effect it would have if: (a) a reference in subsection (1D) or (2) to the Commission were a reference to a body corporate that is a group company for the purposes of the Australian Airlines (Conversion to Public Company) Act 1988; (b) a reference in subsection (1D) to a State in relation to which this section applies were a reference to a State in relation to which this section applies by virtue of subsection (1C); and (c) all the words after "that State" were omitted from subsection (1D). Notes to the Australian National Airlines Act 1945 Note 1 The Australian National Airlines Act 1945 as shown in this compilation comprises Act No. 31, 1945 amended as indicated in the Tables below. Table of Acts Act Number Date Date of commencement Application, saving or transitional provisions and year of Assent Australian National Airlines Act 1945 31, 1945 16 Aug 1945 17 Apr 1946 (see Gazette 1946, p. 1068) Australian National Airlines Act 1947 90, 1947 11 Dec 1947 11 Dec 1947 — Australian National Airlines Act 1952 102, 1952 18 Nov 1952 Ss. 3 and 4: 17 Apr 1946 — Remainder: 16 Dec 1952 Australian National Airlines Act 1956 105, 1956 15 Nov 1956 23 Oct 1956 S. 4 Airlines Equipment Act 1958 70, 1958 10 Oct 1958 10 Oct 1958 S. 6 Australian National Airlines Act 1959 3, 1959 21 Apr 1959 Ss. 13, 20, 21 and 22: 1 Oct 1959 (see Gazette 1959, p. 3449) Ss. 8(1), 10(2), 22(2) Remainder: Royal Assent Australian National Airlines Act 1961 71, 1961 27 Oct 1961 27 Oct 1961 — Statute Law Revision (Decimal Currency) Act 1966 93, 1966 29 Oct 1966 1 Dec 1966 — Australian National Airlines Act 1970 55, 1970 25 June 1970 25 June 1970 S. 4 Australian National Airlines Act 1972 130, 1972 2 Nov 1972 2 Nov 1972 — Australian National Airlines Act 1973 92, 1973 24 Aug 1973 21 Sept 1973 S. 3(2), (3) S. 2(3) (rep. by No. 216, 1973, s. 3) as amended by Statute Law Revision Act 1973 216, 1973 19 Dec 1973 31 Dec 1973 — Statute Law Revision Act 1973 216, 1973 19 Dec 1973 31 Dec 1973 — Postal and Telecommunications Commissions (Transitional Provisions) Act 1975 56, 1975 12 June 1975 Ss. 4 and 38: 1 July 1975 (see s. 2(1) and Gazette 1975, No. S122) — Remainder: 12 June 1975 Administrative Changes (Consequential Provisions) Act 1976 91, 1976 20 Sept 1976 20 Sept 1976 (a) — Administrative Changes (Consequential Provisions) Act 1978 36, 1978 12 June 1978 12 June 1978 — Australian National Airlines Amendment Act 1980 28, 1980 8 May 1980 1 June 1980 (see Gazette 1980, No. G21, p. 3) — Australian National Airlines Repeal Act 1981 78, 1981 18 June 1981 Ss. 3, 6‑12, 13 and 15: (b) — Remainder: Royal Assent as amended by Australian National Airlines Commission Retention Act 1984 67, 1984 25 June 1984 25 June 1984 — Conciliation and Arbitration Amendment Act (No. 2) 1983 115, 1983 16 Dec 1983 S. 41: 1 June 1984 (see Gazette 1984, No. S201) (c) — Australian National Airlines Amendment Act 1984 68, 1984 25 June 1984 25 June 1984 S. 3(2) S. 5(2), (3) S. 9(2) S. 18(2)‑(7) Statute Law (Miscellaneous Provisions) Act (No. 1) 1985 65, 1985 5 June 1985 Schedule 1: 3 July 1985 (d) — Statute Law (Miscellaneous Provisions) Act (No. 1) 1986 76, 1986 24 June 1986 Schedule 1: Royal Assent (e) — Australian National Airlines Amendment Act 1988 1, 1988 1 Mar 1988 S. 3: 1 July 1987 S. 4 Remainder: Royal Assent as amended by Australian Airlines (Conversion to Public Company) Act 1988 6, 1988 9 Mar 1988 (see 6, 1988 below) — as amended by Transport and Communications Legislation Amendment Act (No. 2) 1989 23, 1990 17 Jan 1990 S. 10: 9 Mar 1988 (f) — Australian Airlines (Conversion to Public Company) Act 1988 6, 1988 9 Mar 1988 Ss. 15, 16, 52(2), 55, 57, 60 and 69(2): 30 Apr 1988 (see Gazette 1988, S117) Ss. 54‑57 S. 52(1): 29 June 1988 (g) S. 52(3): (g) Remainder: Royal Assent Qantas Sale Act 1992 196, 1992 21 Dec 1992 S. 25: (h) S. 2(6) (am. by 60, 1993, s. 4; 168, 1994, Sch. (item 17)) as amended by Qantas Sale Amendment Act 1993 60, 1993 3 Nov 1993 10 Mar 1993 — Qantas Sale Amendment Act 1994 168, 1994 16 Dec 1994 Schedule (item 17): Royal Assent (i) — (a) By virtue of subsection 2(7) of the Administrative Changes (Consequential Provisions) Act 1976 the amendment made by that Act to the Australian National Airlines Act 1945 is deemed to have come into operation on 22 December 1975. (b) The Australian National Airlines Act 1945 was repealed by the Australian National Airlines Repeal Act 1981, before a date was set for the commencement of these sections. (c) The Australian National Airlines Act 1945 was amended by section 41 only of the Conciliation and Arbitration Amendment Act (No. 2) 1983, subsection 2(2) of which provides as follows: (2) Sections 3, 6, 7, 8, 9, 10, 12, 14 and 16, subsection 22(3) and sections 27, 39, 40, 41 and 43 shall come into operation on a date, or respective dates, to be fixed by proclamation. (d) The Australian National Airlines Act 1945 was amended by Schedule 1 only of the Statute Law (Miscellaneous Provisions) Act (No. 1) 1985, subsection 2(1) of which provides as follows: (1) Subject to this section, this Act shall come into operation on the twenty-eighth day after the day on which it receives the Royal Assent. (e) The Australian National Airlines Act 1945 was amended by Schedule 1 only of the Statute Law (Miscellaneous Provisions) Act (No. 1) 1986, subsection 2(1) of which provides as follows: (1) Subject to this section, this Act shall come into operation on the day on which it receives the Royal Assent. (f) The Australian Airlines (Conversion to Public Company) Act 1988 was amended by section 10 only of the Transport and Communications Legislation Amendment Act (No. 2) 1989, subsection 2(2) of which provides as follows: (2) The amendment of the Australian Airlines (Conversion to Public Company) Act 1988 made by this Act is to be taken to have commenced on the day on which that first-mentioned Act received the Royal Assent. (g) Subsections 2(3) and (4) of the Australian Airlines (Conversion to Public Company) Act 1988 provide as follows: (3) Subsection 52(1) shall come into operation on the day after subsection 11(3) is complied with. (4) Subsection 52(3) shall come into operation immediately after the commencement of section 15. (h) The Australian National Airlines Act 1945 was amended by section 25 only of the Qantas Sale Act 1992, subsection 2(6) of which provides as follows: (6) If a provision of this Act has not commenced before 31 August 1995, the provision is taken to have been repealed on that day. Section 25 is taken to have been repealed on 31 August 1995. (i) The Qantas Sale Act 1992 was amended by the Schedule (item 17) only of the Qantas Sale Amendment Act 1994, subsection 2(1) of which provides as follows: (1) Subject to this section, this Act commences on the day on which it receives the Royal Assent. Table of Amendments ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted Provision affected How affected S. 3.................... rs. No. 3, 1959 am. No. 130, 1972 rep. No. 216, 1973 S. 4.................... am. No. 90, 1947; No. 3, 1959; Nos. 92 and 216, 1973; No. 28, 1980; No. 68, 1984 rep. No. 6, 1988 S. 5.................... rs. No. 216, 1973 rep. No. 6, 1988 S. 6.................... am. No. 3, 1959 rep. No. 6, 1988 S. 7.................... am. No. 3, 1959; No. 92, 1973; No. 28, 1980; No. 68, 1984 rep. No. 6, 1988 S. 8.................... rs. No. 3, 1959 am. No. 28, 1980 rep. No. 6, 1988 S. 9.................... rs. No. 3, 1959; No. 28, 1980 rep. No. 6, 1988 S. 10................... rs. No. 3, 1959 am. No. 28, 1980 rs. No. 68, 1984 rep. No. 6, 1988 S. 10A.................. ad. No. 68, 1984 rep. No. 6, 1988 Ss. 11, 12................ rs. No. 3, 1959 rep. No. 6, 1988 S. 13................... rs. No. 3, 1959; No. 68, 1984 rep. No. 6, 1988 S. 14................... am. No. 102, 1952 rs. No. 3, 1959 am. No. 92, 1973; No. 28, 1980; No. 68, 1984 rep. No. 6, 1988 S. 15................... rs. No. 3, 1959 am. No. 92, 1973; No. 28, 1980; No. 68, 1984 rep. No. 6, 1988 S. 16................... rs. No. 68, 1984 rep. No. 6, 1988 S. 17................... am. No. 102, 1952; No. 3, 1959; No. 93, 1966; No. 130, 1972; No. 28, 1980; No. 68, 1984 rep. No. 6, 1988 S. 17A.................. ad. No. 28, 1980 rep. No. 68, 1984 S. 18A.................. ad. No. 102, 1952 am. No. 216, 1973 rs. No. 28, 1980 rep. No. 65, 1985 S. 18B.................. ad. No. 105, 1956 am. No. 28, 1980 rep. No. 115, 1983 S. 19................... am. No. 90, 1947 rs. No. 92, 1973 am. No. 28, 1980 rep. No. 6, 1988 S. 19A.................. ad. No. 90, 1947 am. No. 3, 1959; No. 92, 1973; No. 28, 1980; No. 68, 1984; No. 6, 1988 Ss. 19B‑19F....... ad. No. 92, 1973 am. No. 28, 1980 rep. No. 6, 1988 S. 19G.................. ad. No. 92, 1973 rep. No. 6, 1988 S. 19H.................. ad. No. 92, 1973 am. No. 68, 1984 rep. No. 6, 1988 S. 20................... rs. No. 102, 1952 am. No. 92, 1973 rep. No. 6, 1988 S. 21................... am. No. 3, 1959; No. 93, 1966; No. 92, 1973; No. 91, 1976; No. 28, 1980; No. 68, 1984 rep. No. 6, 1988 S. 22................... am. No. 3, 1959; No. 92, 1973; No. 56, 1975 rep. No. 6, 1988 S. 23................... rep. No. 6, 1988 S. 24................... rep. No. 3, 1959 S. 25................... am. No. 92, 1973; No. 68, 1984 rep. No. 6, 1988 Ss. 26‑29......... rep. No. 6, 1988 S. 30................... rs. No. 102, 1952 am. No. 71, 1961 rs. No. 92, 1973 am. No. 36, 1978; No. 68, 1984 rep. No. 6, 1988 S. 30A.................. ad. No. 92, 1973 am. No. 36, 1978; No. 68, 1984 rep. No. 6, 1988 S. 31................... rs. No. 102, 1952 am. No. 93, 1966 rs. No. 70, 1958 am. No. 130, 1972; No. 92, 1973; No. 36, 1978 rs. No. 68, 1984 am. No. 76, 1986 rep. No. 6, 1988 S. 31A.................. ad. No. 92, 1973 am. No. 36, 1978; No. 28, 1980 rep. No. 68, 1984 S. 32................... rs. No. 71, 1961 am. No. 130, 1972; No. 92, 1973; No. 36, 1978; No. 28, 1980 rs. No. 68, 1984 am. No. 76, 1986 rep. No. 6, 1988 Ss. 32A‑32C....... ad. No. 68, 1984 rep. No. 6, 1988 S. 32D.................. ad. No. 68, 1984 am. No. 76, 1986 rep. No. 6, 1988 S. 32DA................. ad. No. 76, 1986 rep. No. 6, 1988 S. 32E.................. ad. No. 68, 1984 am. No. 1, 1988 rep. No. 6, 1988 Ss. 32F‑32H....... ad. No. 68, 1984 rep. No. 6, 1988 S. 33................... rs. No. 3, 1959 am. No. 92, 1973 rep. No. 6, 1988 S. 34................... rs. No. 3, 1959 am. No. 92, 1973; No. 68, 1984 rep. No. 6, 1988 S. 35................... rs. No. 3, 1959; No. 92, 1973 rep. No. 6, 1988 S. 36................... rs. No. 3, 1959; No. 92, 1973 am. No. 28, 1980 rep. No. 6, 1988 S. 37................... am. No. 102, 1952 rs. No. 92, 1973 am. No. 28, 1980 rep. No. 6, 1988 S. 37A.................. ad. No. 71, 1961 am. No. 93, 1966; No. 130, 1972; Nos. 92 and 216, 1973; No. 36, 1978; No. 28, 1980; No. 68, 1984 rep. No. 6, 1988 S. 38................... rs. No. 102, 1952 am. No. 3, 1959; No. 92, 1973; No. 36, 1978; No. 28, 1980; No. 68, 1984 rep. No. 6, 1988 S. 39................... rep. No. 102, 1952 S. 40................... rs. No. 3, 1959 am. No. 92, 1973; No. 36, 1978; No. 28, 1980; No. 68, 1984 rep. No. 6, 1988 S. 41................... rep. No. 6, 1988 Part III rep. No. 3, 1959 (ss. 42‑45) S. 42................... rep. No. 3, 1959 ad. No. 92, 1973 rep. No. 6, 1988 S. 43................... rep. No. 3, 1959 ad. No. 92, 1973 am. No. 28, 1980 rs. No. 68, 1984 rep. No. 6, 1988 Ss. 44, 45................ rep. No. 3, 1959 Part IV rep. No. 3, 1959 (ss. 46‑49) Ss. 46‑49......... am. No. 90, 1947 rep. No. 3, 1959 Part V rep. No. 3, 1959 (ss. 50‑59) S. 51................... rep. No. 3, 1959 S. 52................... am. No. 90, 1947 rep. No. 3, 1959 Ss. 53‑55......... rep. No. 3, 1959 S. 56................... am. No. 90, 1947 rep. No. 3, 1959 Ss. 57‑59......... rep. No. 3, 1959 S. 60................... am. No. 3, 1959 rep. No. 6, 1988 S. 61................... am. No. 68, 1984 rep. No. 6, 1988 S. 62................... am. No. 28, 1980 rep. No. 68, 1984 S. 63................... am. No. 3, 1959; No. 28, 1980 rep. No. 6, 1988 S. 64................... rep. No. 3, 1959 S. 65................... rep. No. 130, 1972 S. 66................... rs. No. 3, 1959 am. No. 93, 1966 rep. No. 55, 1970 S. 67................... rep. No. 28, 1980 S. 69................... am. No. 3, 1959; No. 93, 1966; No. 92, 1973; No. 28, 1980 rep. No. 6, 1988 S. 70................... am. No. 93, 1966; No. 28, 1980 rep. No. 6, 1988