Air Services Act 1995
Act No. 81 of 1995 as amended
This compilation was prepared on 3 April 2007
taking into account amendments up to Act No. 39 of 2007
The text of any of those amendments not
in force
on that date is appended in the Notes section
The operation of amendments that have been incorporated
may be
affected by application provisions that are set out in the Notes section
Prepared by the Office of Legislative Drafting and
Publishing,
Attorney‑General’s Department, Canberra
Contents
Part 1—Preliminary 1
1............ Short title [see Note 1]....................................................................... 1
2............ Commencement [see Note 1].............................................................. 1
3............ Interpretation...................................................................................... 1
4............ Act binds the Crown.......................................................................... 5
5............ Extension to external Territories......................................................... 5
6............ Extra‑territorial application................................................................ 5
6A......... Application of the Criminal Code...................................................... 5
Part 2—Establishment, functions and powers of Airservices Australia (AA) 6
Division 1—Establishment of AA 6
7............ Establishment of AA.......................................................................... 6
Division 2—AA’s functions and powers 7
8............ AA’s functions................................................................................... 7
9............ Manner in which AA must perform its functions.............................. 9
10.......... AA must consult and cooperate......................................................... 9
11.......... AA’s general powers.......................................................................... 9
12.......... Delegation of AA’s powers by Chief Executive Officer.................. 10
Division 3—Miscellaneous 11
13.......... Matters to be considered in preparation of corporate plan.............. 11
14.......... Minister may direct variation of corporate plan.............................. 11
15.......... Tabling of corporate plan................................................................. 12
16.......... Ministerial directions to AA............................................................ 12
17.......... Minister may give notices to AA about its strategic direction etc... 13
18.......... Supply of information to Minister’s nominee................................. 13
19.......... Immunity of AA from State and Territory land use laws................ 14
Part 3—Board of AA 15
Division 1—Establishment and functions 15
20.......... Establishment................................................................................... 15
21.......... Functions.......................................................................................... 15
22.......... Membership..................................................................................... 15
23.......... Delegation by Board......................................................................... 16
Division 2—Meetings etc. 17
24.......... Meetings........................................................................................... 17
25.......... Procedure at meetings....................................................................... 17
26.......... Board resolutions without meetings................................................. 18
Division 3—Administrative provisions 19
27.......... Period of appointment of appointed members................................. 19
28.......... Remuneration and allowances of appointed members...................... 19
29.......... Outside employment........................................................................ 19
30.......... Leave of absence............................................................................... 19
31.......... Resignation of appointed members.................................................. 20
32.......... Termination of appointment of appointed members....................... 20
33.......... Acting appointments........................................................................ 21
Part 4—Chief Executive Officer, employees and consultants 23
Division 1—Chief Executive Officer 23
34.......... Appointment.................................................................................... 23
35.......... Duties............................................................................................... 23
36.......... Remuneration and allowances........................................................... 23
37.......... Outside employment........................................................................ 23
38.......... Leave of absence............................................................................... 23
39.......... Resignation....................................................................................... 24
40.......... Termination of appointment............................................................ 24
41.......... Acting Chief Executive Officer......................................................... 24
Division 2—Employees and consultants 25
42.......... Employees........................................................................................ 25
43.......... Consultants....................................................................................... 25
Part 5—Finance 26
Division 1—General 26
44.......... AA’s capital..................................................................................... 26
45.......... Revaluation of assets........................................................................ 26
46.......... Payments of dividends by AA to the Commonwealth.................... 27
47.......... Interim dividends.............................................................................. 28
48.......... Borrowing by AA from the Commonwealth.................................... 29
49.......... AA may give security over its assets............................................... 29
50.......... Hedging through currency contracts etc........................................... 29
51.......... Extra matters to be included in annual report................................... 30
Division 2—Taxation matters 31
52.......... Liability to taxes etc......................................................................... 31
Division 3—Services charges for AA services and facilities 32
53.......... Board can set charges for services and facilities............................... 32
54.......... Minister’s role in setting service charges and late payment penalties 32
55.......... Procedure if Part VIIA of the Trade Practices Act applies.............. 33
56.......... Penalty for late payment of service charge....................................... 34
57.......... Recovery of service charge and late payment penalty..................... 34
58.......... Remission of service charge and late payment penalty.................... 34
Division 4—Statutory lien for unpaid service charges etc. 35
Subdivision A—Imposition of statutory lien 35
59.......... Imposition of statutory lien............................................................. 35
60.......... Effect of statutory lien..................................................................... 35
61.......... Limitations on scope of statutory lien............................................. 36
62.......... Cessation of statutory lien............................................................... 36
63.......... Notice relating to statutory lien........................................................ 37
64.......... Register of statutory liens................................................................ 37
Subdivision B—Seizure and sale of aircraft 37
65.......... Seizure of aircraft.............................................................................. 37
66.......... AA must insure seized aircraft......................................................... 38
67.......... Sale of aircraft................................................................................... 38
68.......... Application of proceeds of sale........................................................ 39
69.......... Order of application of payments of outstanding amounts............. 39
Subdivision C—Interference with aircraft under statutory lien 39
70.......... Removal from Australian territory of aircraft under statutory lien.. 39
71.......... Dismantling etc. aircraft under statutory lien................................... 40
Subdivision D—Miscellaneous 40
72.......... Protection of AA etc. from legal actions.......................................... 40
73.......... Review of decisions.......................................................................... 41
Part 6—Miscellaneous 42
74.......... Tabling of directions or notices of the Minister............................... 42
75.......... Lands Acquisition Act...................................................................... 42
76.......... Conduct by directors, servants and agents....................................... 42
77.......... Power to make regulations................................................................ 44
Notes 47
An Act to establish a body called Airservices Australia, with functions relating to aviation, and for related purposes
1 Short title [see Note 1]
This Act may be cited as the Air Services Act 1995.
2 Commencement [see Note 1]
(1) Subject to this section, this Act commences on:
(a) a day to be fixed by Proclamation; or
(b) the first day after the end of the period of 6 months beginning on the day on which this Act receives the Royal Assent;
whichever is earlier.
(2) If the Commonwealth Authorities and Companies Act 1997 has not commenced before the day that applies under subsection (1) of this section, and does not commence on that day, then sections 13 and 14, subsection 16(6), the notes after subsections 17(3) and (4), paragraphs 32(2)(d) and (5)(b) and section 51 of this Act commence on the same day as that Act.
(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;
(b) the Australian Customs Service;
(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.
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.
This Act binds the Crown in right of the Commonwealth, of each of the States, of the Australian Capital Territory, of the Northern Territory and of Norfolk Island.
5 Extension to external Territories
This Act extends to all the external Territories.
6 Extra‑territorial application
This Act extends to acts, omissions, matters and things outside Australia (except where a contrary intention appears).
6A Application of the Criminal Code
Chapter 2 (other than Part 2.5) of the Criminal Code applies to all offences created by this Act.
Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.
Part 2—Establishment, functions and powers of Airservices Australia (AA)
Division 1—Establishment of AA
(1) A body called Airservices Australia is established by this subsection.
(2) AA:
(a) is a body corporate; and
(b) must have a seal; and
(c) may sue and be sued in its corporate name.
Note: The Commonwealth Authorities and Companies Act 1997 applies to AA. That Act deals with matters relating to Commonwealth authorities, including reporting and accountability, banking and investment, and conduct of officers.
(3) All courts, judges and persons acting judicially must take judicial notice of the imprint of AA’s seal on a document and must presume that the document was duly sealed.
Division 2—AA’s functions and powers
(1) AA has the following functions:
(a) providing services and facilities:
(i) for the purpose of Australia or another country giving effect to the Chicago Convention; or
(ii) for the purpose of Australia or another country giving effect to another international agreement relating to the safety, regularity or efficiency of air navigation; or
(iii) otherwise for purposes relating to the safety, regularity or efficiency of air navigation, whether in or outside Australia;
(b) promoting and fostering civil aviation, whether in or outside Australia;
(c) co‑operating with the Executive Director of Transport Safety Investigation in relation to investigations under the Transport Safety Investigation Act 2003 that relate to aircraft;
(d) carrying out activities to protect the environment from the effects of, and the effects associated with, the operation of:
(i) Commonwealth jurisdiction aircraft, whether in or outside Australia; or
(ii) other aircraft outside Australia;
(e) any functions prescribed by regulations in relation to the effects of, and effects associated with, the operation of:
(i) Commonwealth jurisdiction aircraft, whether in or outside Australia; or
(ii) other aircraft outside Australia;
(f) any functions conferred on AA under the Air Navigation Act 1920 or the Aviation Transport Security Act 2004;
(g) any other functions prescribed by the regulations, being functions relating to any of the matters referred to in this subsection;
(h) providing consultancy services and management services relating to any of the matters referred to in this subsection;
(i) any functions incidental to any of the above functions;
(j) providing services and facilities, whether or not related to aviation, for a purpose other than one that is mentioned or implied in any of paragraphs (a) to (i), if doing so:
(i) is within the executive or legislative powers of the Commonwealth; and
(ii) utilises AA’s spare capacity; and
(iii) maintains or improves the technical skills of AA’s employees; and
(iv) does not impede AA’s capacity to perform its other functions.
(1A) In paragraphs (1)(a) and (j):
facilities includes equipment.
provide, in relation to facilities, includes build, maintain, operate, license, buy, sell or lease the facilities.
services includes:
(a) air traffic services;
(b) an aeronautical information service;
(c) an aeronautical radio navigation service;
(d) an aeronautical telecommunications service;
(e) rescue and fire fighting services.
(2) AA may provide its services and facilities both within and outside Australian territory.
(3) Subject to subsection (5), subsection 9(1) and section 16, the extent to which AA provides services and facilities is subject to AA’s discretion.
(4) Any service or facility that AA has power to provide may be provided by AA under a contract.
(5) Subject to section 16, in performing its function under paragraph (1)(a), AA must give priority to providing services and facilities in relation to air navigation within Australian‑administered airspace.
9 Manner in which AA must perform its functions
(1) In exercising its powers and performing its functions, AA must regard the safety of air navigation as the most important consideration.
(2) Subject to subsection (1), AA must exercise its powers and perform its functions in a manner that ensures that, as far as is practicable, the environment is protected from:
(a) the effects of the operation and use of aircraft; and
(b) the effects associated with the operation and use of aircraft.
(3) AA must perform its functions in a manner that is consistent with Australia’s obligations under:
(a) the Chicago Convention; and
(b) any other agreement between Australia and any other country or countries relating to the safety of air navigation.
10 AA must consult and cooperate
In the performance of its functions and the exercise of its powers, AA must, where appropriate, consult with government, commercial, industrial, consumer and other relevant bodies and organisations (including ICAO and bodies representing the aviation industry).
(1) In addition to any other powers conferred on it by this Act, AA has, subject to this Act, power to do all things necessary or convenient to be done for or in connection with the performance of its functions.
(2) Without limiting subsection (1), AA has the power to do any of the following:
(a) enter into contracts;
(b) acquire, hold and dispose of real and personal property;
(c) form, or participate in the formation of, companies;
(d) enter into partnerships;
(e) let on hire its plant, machinery, equipment or goods not immediately required by it;
(f) raise money, by borrowing or otherwise;
(g) anything incidental to any of its powers.
(3) Where AA may provide a facility or service, it may do so:
(a) itself; or
(b) in cooperation with another person (including the Commonwealth); or
(c) by arranging for another person (including the Commonwealth) to do so on its behalf.
(4) AA may appoint one or more bodies to advise it about the performance of its functions.
12 Delegation of AA’s powers by Chief Executive Officer
(1) The Chief Executive Officer may, in writing, delegate any of AA’s powers under this Act to a member or to an employee.
(2) In exercising powers under the delegation, the delegate must comply with any directions of the Chief Executive Officer.
13 Matters to be considered in preparation of corporate plan
When preparing a corporate plan under section 17 of the Commonwealth Authorities and Companies Act 1997, the members must consider the following matters:
(a) the need for high standards of aviation safety;
(b) the objectives and policies of the Commonwealth Government known to the Board;
(c) any directions given by the Minister under section 16;
(d) any payments made by the Commonwealth to AA to fund its search and rescue services;
(e) the need to maintain a reasonable level of reserves, having regard to estimated future infrastructure requirements;
(f) the need to earn a reasonable rate of return on AA’s assets (other than assets wholly or principally used in the provision of search and rescue services);
(g) the expectation of the Commonwealth that AA will pay a reasonable dividend;
(h) any other commercial considerations the Board thinks appropriate.
14 Minister may direct variation of corporate plan
(1) Within 60 days after receiving a corporate plan, the Minister may direct the members to vary the plan in respect of financial targets, and performance indicators, relating to the provision of services and facilities.
(2) A direction must be in writing and must set out its reasons.
(3) When giving a direction under subsection (1), the Minister must consider the following matters:
(a) the matters referred to in section 13 (other than paragraph (b));
(b) the objectives and policies of the Commonwealth Government;
(c) any other commercial considerations the Minister thinks appropriate.
(4) The members must prepare a revised plan and give it to the Minister within 28 days of being given the direction.
The Minister must cause a copy of the corporate plan to be laid before each House of Parliament:
(a) within 15 sitting days after the Minister received the plan, if the Minister did not direct the members to vary the plan; or
(b) within 15 sitting days after the Minister received a revised plan, if the Minister did direct the members to vary the plan.
16 Ministerial directions to AA
(1) The Minister may give written directions to AA relating to the performance of its functions or the exercise of its powers.
(2) Particulars of any directions given by the Minister in a financial year must be included in AA’s annual report for that year.
(3) AA must comply with a direction given under subsection (1).
(4) If AA satisfies the Minister that AA has suffered financial detriment as a result of complying with a direction given by the Minister under subsection (1), AA is entitled to be reimbursed by the Commonwealth the amount that the Minister determines, in writing, to be the amount of that financial detriment. In this subsection, financial detriment includes:
(a) incurring costs that are greater than would otherwise have been incurred; and
(b) forgoing revenue that would otherwise have been received.
(5) Subsection (4) does not apply to a direction of the Minister requiring AA to perform a function mentioned in paragraph 8(1)(d) or (e).
(6) This section does not affect the operation of section 28 of the Commonwealth Authorities and Companies Act 1997 in relation to AA.
17 Minister may give notices to AA about its strategic direction etc.
(1) The Minister may notify AA in writing of the Minister’s views on the following matters:
(a) the appropriate strategic direction for AA;
(b) the manner in which AA should perform its functions.
(2) In performing its functions, AA must take account of notices given to it under subsection (1).
(3) In preparing each corporate plan, the members must take account of notices given to AA under subsection (1).
Note: Section 17 of the Commonwealth Authorities and Companies Act 1997 imposes corporate planning requirements.
(4) The members must include in the annual report for a financial year:
(a) a summary of notices given to AA under subsection (1) in that financial year; and
(b) a summary of action taken in that financial year by AA because of notices given to AA under subsection (1) in any financial year.
Note: Section 9 of the Commonwealth Authorities and Companies Act 1997 imposes annual reporting requirements.
18 Supply of information to Minister’s nominee
(1) The Minister may direct AA to give to a specified ministerial nominee any documents or information relating to AA’s operations that the nominee requests.
(2) AA must comply with the direction.
(3) The members must include in the annual report for a financial year particulars of any directions given to AA by the Minister under this section in that financial year.
(4) In this section:
ministerial nominee means a person whose responsibilities or duties include advising the Minister about AA’s performance and strategies.
19 Immunity of AA from State and Territory land use laws
(1) Subject to subsection (2), a land use law does not apply in relation to:
(a) AA; or
(b) the property or transactions of AA; or
(c) any act or thing done by or on behalf of AA.
(2) Subsection (1) does not apply in relation to any property, transaction, act or thing that is wholly unconnected with the use of land by AA for the purpose of performing any of AA’s functions referred to in paragraph 8(1)(a).
(3) Nothing in this section implies that a law (other than a land use law) applies in relation to:
(a) AA; or
(b) the property or transactions of AA; or
(c) any act or thing done by or on behalf of AA.
(4) In this section:
land use law means a law of a State or Territory, to the extent that the law relates to:
(a) the use or proposed use of land or premises; or
(b) the environmental consequences of the use of land or premises.
law means a written law of a State or Territory, and includes:
(a) subordinate legislation; and
(b) a provision of a law.
Division 1—Establishment and functions
There is to be a Board of AA.
(1) The functions of the Board are:
(a) to decide the objectives, strategies and policies to be followed by AA; and
(b) to ensure that AA performs its functions in a proper, efficient and effective manner.
(2) Anything that the Board does in AA’s name, or on AA’s behalf, is taken to have been done by AA.
(1) The Board consists of:
(a) a Chairperson; and
(b) a Deputy Chairperson; and
(c) the Chief Executive Officer; and
(d) 6 other members.
(2) The members other than the Chief Executive Officer are to be appointed by the Minister, and hold office on such terms and conditions (in respect of matters not provided by this Act) as are determined by the Minister in writing.
(3) The Chairperson may be appointed on a full‑time basis or on a part‑time basis.
(4) The other appointed members are to be appointed on a part‑time basis.
(5) An employee may be appointed as a member under paragraph (1)(d).
(1) The Board may, by resolution, delegate all or any of its powers to a member or to an employee.
(2) The delegate is, in the exercise of a delegated power, subject to the directions of the Board.
(3) A delegation under this section:
(a) may be revoked by resolution of the Board (whether or not constituted by the persons who constituted the Board when the power was delegated); and
(b) continues in force in spite of a change in the membership of the Board.
(4) A certificate signed by the Chairperson stating any matter in relation to a delegation under this section is prima facie evidence of the matter.
(5) A document that appears to be a certificate under subsection (4) is taken to be such a certificate and to have been properly given, unless the contrary is established.
(1) The Board must hold such meetings as are necessary for the efficient performance of its functions.
(2) The Chairperson:
(a) may convene a meeting at any time; and
(b) must convene a meeting on receipt of a written request signed by at least 2 other members.
(3) The Minister may convene a meeting at any time.
(4) The Chairperson must preside at all meetings at which he or she is present.
(5) If the Chairperson is not present at a meeting:
(a) the Deputy Chairperson must preside; or
(b) if the Deputy Chairperson is not present—the members present must appoint one of their number to preside.
(6) At a meeting, a quorum consists of 5 members.
(7) Questions arising at a meeting are to be determined by a majority of the votes of the members present and voting.
(8) The person presiding at a meeting has a deliberative vote and, if necessary, also has a casting vote.
(1) Subject to this Division, the Board may regulate proceedings at its meetings as it considers appropriate.
(2) Without limiting subsection (1), the Board may invite a person to attend a meeting for the purpose of advising or informing it on any matter.
26 Board resolutions without meetings
If the Board so determines, a resolution is taken to have been passed at a meeting of the Board if:
(a) without meeting, a majority of the members indicate agreement with the resolution in accordance with the method determined by the Board; and
(b) that majority would have constituted a quorum at a meeting of the Board.
Division 3—Administrative provisions
27 Period of appointment of appointed members
(1) Subject to this Part, an appointed member holds office for the period, not longer than 5 years, specified in the instrument of appointment.
(2) An appointed member is eligible for re‑appointment.
28 Remuneration and allowances of appointed members
(1) An appointed member is to be paid the remuneration that is determined by the Remuneration Tribunal. However, if no determination of that remuneration by the Tribunal is in operation, an appointed member is to be paid the remuneration that is prescribed by the regulations.
(2) An appointed member is to be paid the allowances that are prescribed by the regulations.
(3) This section has effect subject to the Remuneration Tribunal Act 1973.
(1) A full‑time Chairperson must not engage in paid employment outside the duties of his or her office except with the approval of the Minister.
(2) A part‑time member must not engage in any paid employment that, in the Minister’s opinion, conflicts with the proper performance of the member’s duties.
(1) A full‑time Chairperson has such recreation leave entitlements as are determined by the Remuneration Tribunal.
(2) The Minister may grant a full‑time Chairperson leave of absence, other than recreation leave, on such terms and conditions as to remuneration or otherwise as the Minister determines in writing.
(3) The Minister may grant leave to a part‑time Chairperson to be absent from a meeting or meetings of the Board.
(4) The Chairperson may grant leave to another member to be absent from a meeting or meetings of the Board.
31 Resignation of appointed members
An appointed member may resign from the Board by giving the Minister a written resignation.
32 Termination of appointment of appointed members
(1) The Minister may terminate the appointment of an appointed member for misbehaviour or physical or mental incapacity.
(2) The Minister may terminate the appointment of an appointed member if:
(a) the member becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with creditors or makes an assignment of remuneration for their benefit; or
(b) the member (other than a full‑time Chairperson):
(i) engages in paid employment that the Minister thinks is in conflict with the proper performance of the member’s duties; or
(ii) is absent, except on leave of absence granted under section 30, from 3 consecutive meetings of the Board; or
(c) the Minister thinks that the performance of the member has been unsatisfactory for a significant period of time; or
(d) the member fails, without reasonable excuse, to comply with section 21 of the Commonwealth Authorities and Companies Act 1997.
(3) The Minister may terminate the appointment of a full‑time Chairperson if the Chairperson:
(a) engages in paid employment outside the duties of his or her office without the Minister’s approval; or
(b) is absent from duty, except on leave of absence, for 14 consecutive days or for 28 days in any 12 months.
(4) If the Minister is of the opinion that the performance of the members or the performance of AA has been unsatisfactory for a significant period of time, the Minister may terminate the appointment of all appointed members or particular appointed members.
(5) If the Minister is of the opinion that:
(a) AA has failed to comply with section 18; or
(b) the members have failed to comply with:
(i) subsection 13(2), 15(1) or 17(5) of the Commonwealth Authorities and Companies Act 1997; or
(ii) paragraph 16(1)(a) or (b) of the Commonwealth Authorities and Companies Act 1997;
the Minister may terminate the appointment of all appointed members or particular appointed members.
(1) The Minister may appoint the Deputy Chairperson or another member (other than the Chief Executive Officer or an employee) to act as the Chairperson:
(a) during a vacancy in the office of Chairperson, whether or not an appointment has previously been made to the office; or
(b) during any period, or during all periods, when the Chairperson is absent from duty or from Australia or is, for any other reason, unable to perform the duties of the office.
(2) If the Chairperson is a part‑time member, a person appointed under paragraph (1)(b) to act as the Chairperson must be appointed on a part‑time basis.
(3) The Minister may appoint a member (other than the Chief Executive Officer or an employee) to act as the Deputy Chairperson:
(a) during a vacancy in the office of Deputy Chairperson, whether or not an appointment has previously been made to the office; or
(b) during any period, or during all periods, when the Deputy Chairperson is acting as the Chairperson, is absent from Australia or is, for any other reason, unable to perform the duties of the office of Deputy Chairperson.
(4) The Minister may appoint a person to act as a member referred to in paragraph 22(1)(d) (an ordinary member):
(a) during a vacancy in the office of an ordinary member, whether or not an appointment has previously been made to the office; or
(b) during any period, or during all periods, when an ordinary member is acting as the Chairperson or Deputy Chairperson, is absent from Australia or is, for any reason, unable to perform the duties of the office.
(5) Anything done by a person purporting to act under an appointment under this section is not invalid merely because:
(a) the occasion for the appointment had not arisen; or
(b) there was a defect or irregularity in or in connection with the appointment; or
(c) the appointment had ceased to have effect; or
(d) the occasion for the person to act had not arisen or had ceased.
Part 4—Chief Executive Officer, employees and consultants
Division 1—Chief Executive Officer
(1) There is to be a Chief Executive Officer of AA, who is to be appointed by the Board in writing.
(2) A person appointed as Chief Executive Officer is eligible for re‑appointment.
(3) The Chief Executive Officer holds office on such terms and conditions (if any) in respect of matters not provided for by this Act as are determined by the Board in writing.
(1) The Chief Executive Officer is, under the Board, to manage AA.
(2) Anything that the Chief Executive Officer does in AA’s name, or on AA’s behalf, is taken to have been done by AA.
36 Remuneration and allowances
The Chief Executive Officer is to be paid such remuneration and allowances as the Board determines in writing.
The Chief Executive Officer must not engage in paid employment outside the duties of his or her office except with the Board’s approval.
The Board may grant leave of absence to the Chief Executive Officer on such terms and conditions as to remuneration or otherwise as the Board determines in writing.
The Chief Executive Officer may resign by giving the Board a signed notice of resignation.
The Board may at any time terminate the appointment of the Chief Executive Officer.
41 Acting Chief Executive Officer
(1) The Board may appoint a person to act as Chief Executive Officer:
(a) during a vacancy in the office of Chief Executive Officer, whether or not an appointment has previously been made to the office; or
(b) during any period, or during all periods, when the Chief Executive Officer is absent from duty or from Australia or is, for any other reason, unable to perform the functions of the office.
(2) A person, other than an employee, who is acting as Chief Executive Officer is to be paid such remuneration and allowances as the Board determines in writing.
(3) An employee who is acting as Chief Executive Officer must continue to be paid the remuneration and allowances payable to the employee as an employee but must also be paid such additional remuneration and allowances as the Board determines in writing.
(4) Anything done by a person purporting to act under an appointment under this section is not invalid merely because:
(a) the occasion for the appointment had not arisen; or
(b) there was a defect or irregularity in or in connection with the appointment; or
(c) the appointment had ceased to have effect; or
(d) the occasion for the person to act had not arisen or had ceased.