{"id":"F1996B00307","name":"Air Services Regulations 1995","slug":"air-services-regulations-1995","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"repealed","isInForce":false,"actNumber":"223 of 1995","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":28569,"registerId":"commonwealth-F1996B00307-current","compilationNumber":null,"startDate":"2026-04-01","status":"Repealed","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Air Services Regulations 1995","content":"![](image.001.png)\n\nAir Services Regulations 1995\n\nStatutory Rules 1995 No. 223 as amended\n\nmade under the\n\nAir Services Act 1995\n\nThis compilation was prepared on 1 July 2007 \ntaking into account amendments up to SLI 2007 No. 168\n\nPrepared by the Office of Legislative Drafting and Publishing, \nAttorney‑General’s Department, Canberra\n\nContents\n\nPart 1 Preliminary\n\n1.01 Name of Regulations \\[see Note 1\\]\n\n1.02 Commencement \\[see Note 1\\]\n\n1.03 Interpretation\n\nPart 3 Air Traffic Services\n\n3.01 Purpose of Part 3\n\n3.02 Functions of the Air Traffic Service\n\n3.03 Air traffic services — directions and instructions\n\n3.04 Removal of safety hazards\n\n3.05 Requisitioning of aircraft\n\n3.06 Compensation for loss caused by requisitioning\n\n3.07 Claims for compensation for requisition loss\n\nPart 4 Other services\n\nDivision 1 Preliminary\n\n4.01 Purpose of Part 4\n\nDivision 2 Rescue and fire fighting services\n\n4.02 Functions of the Rescue and Firefighting Service\n\n4.03 Designation of officers in charge\n\n4.04 Duties and powers of officer in charge\n\n4.05 Arrangements with State or Territory fire brigades etc\n\n4.06 Action not to lie against AA etc\n\nDivision 4 Aeronautical Information Service\n\n4.11 Function of the Aeronautical Information Service\n\n4.12 Aeronautical Information Publication and Notices to Airmen\n\nPart 5 Additional functions of AA\n\nDivision 1 Preliminary\n\n5.01 Purpose of Part 5\n\nDivision 2 Compensation for wake vortices damage\n\n5.02 Meaning of damage to property\n\n5.03 Application for compensation for wake vortices damage\n\n5.04 Investigation and consideration of applications\n\n5.05 No right to compensation conferred by this Division\n\nDivision 3 Other functions\n\n5.06 Provision of meteorological information\n\n5.07 Agreement for the collection of aircraft noise levy\n\nPart 6 Statutory liens\n\n6.01 Purpose of Part 6\n\n6.02 Register entries on imposition of statutory lien\n\n6.03 Who may request a certificate of statutory lien?\n\n6.04 Register entry on cessation of statutory lien\n\n6.05 Notices relating to statutory lien\n\n6.06 How the Register of Statutory Liens is to be maintained\n\n6.07 Who has the benefit of insurance of seized aircraft?\n\n6.08 Sale of aircraft\n\n6.09 Proceeds of sale — claims by creditors\n\n6.10 Distribution of proceeds of sale\n\nPart 7 Miscellaneous\n\n7.01 Purpose of Part 7\n\n7.02 Review of decisions\n\n7.03 Evidence of a flight\n\n7.04 Evidence — general\n\n7.06 Service of documents on AA\n\nNotes\n\nPart 1 Preliminary\n\n1.01 Name of Regulations \\[see Note 1\\]\n\nThese Regulations are the Air Services Regulations 1995.\n\n1.02 Commencement \\[see Note 1\\]\n\nThese Regulations commence on the same day as the Air Services Act 1995 commences.\n\n1.03 Interpretation\n\n(1) In these Regulations, unless the contrary intention appears:\n\n> Act means the Air Services Act 1995.\n\n> aerodrome has the same meaning as in the Civil Aviation Act 1988.\n\n> Aeronautical Information Publication or AIP has the meaning given by regulation 4.12.\n\n> Aeronautical Information Service or AIS means AA in its capacity as the provider of an aeronautical information service.\n\n> aeronautical information service means a service:\n\n(a) of a kind referred to in subparagraph 8 (1) (b) (ii) of the Act; and\n\n(b) in accordance with Annex 15 to the Chicago Convention.\n\n> air route means a specified route between 2 points, the purpose of which is to channel the flow of air traffic to facilitate the provision of air traffic services.\n\n> airspace means Australian‑administered airspace.\n\n> Airspace Regulations means the Airspace Regulations 2007.\n\n> airway means a control area, or a specified part of a control area, established in the form of a corridor equipped with navigation aids.\n\n> air traffic means aircraft:\n\n(a) in flight; or\n\n(b) operating on the manoeuvring area of an aerodrome.\n\n> Air Traffic Service or ATS means AA in its capacity as the provider of air traffic services.\n\n> air traffic services means services:\n\n(a) of a kind referred to in subparagraph 8 (1) (b) (i) of the Act; and\n\n(b) in accordance with Annex 11 to the Chicago Convention.\n\n> apron, in relation to an aerodrome, means any part that is used for the purpose of:\n\n(a) enabling passengers to board, or disembark from, aircraft; or\n\n(b) loading cargo on to, or unloading cargo from, aircraft; or\n\n(c) refuelling, parking or carrying out maintenance on, aircraft.\n\n> control area means airspace to which a determination under paragraph 5 (1) (c) of the Airspace Regulations applies.\n\n> controlled aerodrome means an aerodrome to which a determination under paragraph 5 (1) (e) of the Airspace Regulations applies.\n\n> control zone means airspace to which a determination under paragraph 5 (1) (b) of the Airspace Regulations applies.\n\n> designated air route means an air route designated under regulation 11 of the of the Airspace Regulations.\n\n> designated airway means an airway designated under regulation 11 of the of the Airspace Regulations.\n\n> Director of Meteorology means the Director of Meteorology under the Meteorology Act 1955.\n\n> facilities, in relation to an air route or airway, means facilities to facilitate the safe navigation of aircraft within the airspace of the air route or airway, including:\n\n(a) visual and non‑visual aids along the air route or airway;\n\n(b) visual and non‑visual aids to approaching and landing at an aerodrome;\n\n(c) communications services;\n\n(d) meteorological services;\n\n(e) air traffic services.\n\n> flight has the same meaning as in the Civil Aviation Act 1988.\n\n> IFR flight has the same meaning as in the Civil Aviation Regulations.\n\n> manoeuvring area, in relation to an aerodrome, means any part that is used for the take‑off and landing of aircraft and for the movement of aircraft in association with take‑off and landing, but does not include any apron.\n\n> movement, in relation to an aerodrome, means surface movement of aircraft (including the manoeuvring of aircraft in manoeuvring areas and aprons).\n\n> Notice to Airmen or NOTAM has the meaning given by regulation 4.12.\n\n> qualified employee, in relation to the provision of a service, means an employee who:\n\n(a) holds the appropriate licence, rating and endorsement, or any other authorisation, required by CASA to be held by a provider of the service; and\n\n(b) meets the requirements of any standard, set by CASA, to be met by a provider of the service; and\n\n(c) meets the requirements of any standard set by AA in relation to the provision of the service by AA.\n\n> Rescue and Firefighting Service means AA in its capacity as the provider of rescue and fire fighting services.\n\n> rescue and fire fighting services means services:\n\n(a) referred to in subparagraph 8 (1) (b) (iii) of the Act; and\n\n(b) in accordance with Annex 14 to the Chicago Convention.\n\n> restricted area means an area declared to be a restricted area under regulation 6 of the Airspace Regulations.\n\n> Search and Rescue Service means AA in its capacity as the provider of a search and rescue service.\n\n> search and rescue service means a service:\n\n(a) referred to in subparagraph 8 (1) (b) (iv) of the Act; and\n\n(b) in accordance with Annex 12 to the Chicago Convention.\n\n> State or Territory fire brigade means a fire brigade established under a law of a State or Territory.\n\n> VFR flight has the same meaning as in the Civil Aviation Regulations.\n\n(2) In these Regulations, a reference to the provision of a service is taken to include a reference to the giving of a direction, instruction or authorisation in connection with the service.\n\n> Note Words and expressions used in the Act have the same meaning in these Regulations. Some of those words and expressions, and their meanings, are:\n\nAA means the body called Airservices Australia established by the Act.\n\nCASA means the Civil Aviation Safety Authority established by the Civil Aviation Act 1988.\n\nOther words and expressions defined in the Act are:\n\n| aircraft | ICAO |\n| ---------------------------------- | -------------------- |\n| Australian‑administered airspace | late payment penalty |\n| Australian territory | Register |\n| authorised employee | Registrar |\n| Commonwealth jurisdiction aircraft | service charge |\n| Chicago Convention | statutory lien |\n\nPart 3 Air Traffic Services\n\n3.01 Purpose of Part 3\n\nThe purpose of this Part is to set out:\n\n(a) the functions of AA in relation to the provision of air traffic services; and\n\n(b) the powers that are exercisable in connection with those services.\n\n3.02 Functions of the Air Traffic Service\n\nThe functions of the Air Traffic Service are:\n\n(a) to facilitate the safe and efficient conduct of aircraft flights; and\n\n(b) to facilitate the safe movement of aircraft on the manoeuvring areas of aerodromes; and\n\n(c) to facilitate and maintain a safe, orderly and expeditious flow of air traffic; and\n\n(d) to provide advice and information that is necessary for the safe and efficient conduct of flights; and\n\n(e) to notify appropriate organisations about aircraft known to be, or believed to be, in need of search and rescue aid, and to appropriately assist those organisations.\n\n3.03 Air traffic services — directions and instructions\n\n(1) For the purposes of regulation 3.02, a qualified employee may give air traffic instructions and air traffic clearances to an aircraft:\n\n(a) at a controlled aerodrome; or\n\n(b) in airspace to which a determination under paragraph 5 (1) (d) of the Airspace Regulations applies.\n\n(2) An air traffic clearance given in conjunction with air traffic instructions forms part of those air traffic instructions.\n\n(3) For the purposes of regulation 3.02, AA may give instructions to:\n\n(a) aircraft engaged in IFR flights; and\n\n(b) aircraft engaged in VFR flights.\n\nabout the use of:\n\n(c) a controlled aerodrome; or\n\n(d) airspace to which a determination under paragraph 5 (1) (d) of the Airspace Regulations applies.\n\n(4) If:\n\n(a) an area of Australian territory has been declared under regulation 6 of the Airspace Regulations to be a restricted area or a danger area; and\n\n(b) airspace above that area is airspace to which a determination under paragraph 5 (1) (d) of the Airspace Regulations applies;\n\nAA may give instructions about the use of that airspace that are at variance with instructions given under subregulation (3) about the use of that airspace.\n\n(5) An instruction given under subregulation (4) is taken to prevail over any inconsistent instruction given under subregulation (3).\n\n(6) An instruction given under subregulation (3) or (4) does not take effect until published by AA in the AIP or a NOTAM.\n\n(7) In this regulation:\n\n> air traffic instruction includes a direction to an aircraft to conduct its flight in the manner specified in the direction.\n\n> air traffic clearance means an authorisation for an aircraft to proceed in accordance with conditions specified in the authorisation.\n\n3.04 Removal of safety hazards\n\n(1) If, in the opinion of AA, it is necessary, in the interests of safety or to facilitate and maintain an orderly flow of air traffic, to:\n\n(a) remove an aircraft, vehicle, animal or other thing from any part of an aerodrome; or\n\n(b) move an aircraft, vehicle, animal or other thing from one part of an aerodrome to another;\n\nAA may authorise a person, with any assistance that is reasonable and necessary, to remove or move the aircraft, vehicle, animal or thing accordingly.\n\n(2) If AA authorises a person under subregulation (1) to remove or move an aircraft, vehicle, animal or thing, AA, or an employee or agent of AA acting in the course of the person’s employment or agency, is not liable for any damage caused, directly or indirectly, to the aircraft, vehicle, animal or thing, by reason of it being removed or moved under the authorisation.\n\n(3) A reference in this regulation to an aerodrome includes a reference to an aerodrome:\n\n(a) that is under the control of the Defence Force; and\n\n(b) in respect of which an arrangement under section 20 of the Civil Aviation Act 1988 is in force.\n\n3.05 Requisitioning of aircraft\n\n(1) If it is necessary to requisition an aircraft for the performance of the functions of the Air Traffic Service, a qualified employee may:\n\n(a) requisition the aircraft; and\n\n(b) engage persons to operate it.\n\n(2) Except as set out in subregulation (3), a requisition must be made in writing (including by facsimile transmission).\n\n(3) However, in circumstances too urgent to allow a requisition to be made in writing, or if it is impracticable to make a requisition in writing, a requisition may be made orally (including by telephone), but must be recorded in writing within 24 hours.\n\n(4) A requisition in writing, or the written record of an oral requisition, must include the following information:\n\n(a) the name of the person making the requisition;\n\n(b) the person’s authority to make the requisition;\n\n(c) the nature of the aircraft to be requisitioned;\n\n(d) the period for which the aircraft is to be requisitioned.\n\n3.06 Compensation for loss caused by requisitioning\n\n(1) Subject to regulation 3.07, the owner of a requisitioned aircraft is entitled to recover from AA compensation for any loss sustained by the owner in consequence of the requisitioning of the aircraft.\n\n(2) Subject to regulation 3.07, a person engaged by AA to operate a requisitioned aircraft is entitled to recover from AA compensation for any loss sustained as a result of that engagement.\n\n(3) A claim for compensation under subregulation (1) must be made within 2 years after the relevant requisition is ended.\n\n(4) In this regulation, a reference to a loss sustained by a person includes:\n\n(a) any expense incurred by the person; and\n\n(b) any remuneration or other income forgone by the person.\n\n3.07 Claims for compensation for requisition loss\n\n(1) As soon as practicable after receiving a claim under regulation 3.06, AA must consider the claim and:\n\n(a) if AA decides that the claim is justified, wholly or in part — pay compensation to the claimant accordingly; or\n\n(b) refuse to pay compensation and notify the claimant of the refusal and of the reasons for it.\n\n(2) In considering a claim for compensation, AA must have regard to:\n\n(a) if the claim is for compensation for the requisitioning of an aircraft:\n\n(i) charter rates applicable to an aircraft of that type; and\n\n(ii) the connection between any expense claimed and the use, during the period of the requisition, of the aircraft; and\n\n(iii) the likely cost of repairing any damage to the aircraft that occurred as a result of its use during the period of the requisition, to restore it to its former condition; and\n\n(b) if the claim is for compensation for an expense incurred, or remuneration or other income forgone, by a person — any substantiation provided by the claimant; and\n\n(c) if the claim is for compensation for an injury to a person — the cost of the injury, worked out in accordance with the Safety Rehabilitation and Compensation Act 1988.\n\n(3) In subparagraph (2) (a) (iii), former condition of an aircraft that has been requisitioned means the condition of the aircraft immediately before it was requisitioned.\n\nPart 4 Other services\n\nDivision 1 Preliminary\n\n4.01 Purpose of Part 4\n\nThe purpose of this Part is to set out:\n\n(a) the functions of AA in relation to:\n\n(i) rescue and firefighting services; and\n\n(ii) a search and rescue service; and\n\n(iii) an aeronautical information service; and\n\n(b) the powers that are exercisable in connection with those services.\n\nDivision 2 Rescue and fire fighting services\n\n4.02 Functions of the Rescue and Firefighting Service\n\n(1) The functions of the Rescue and Firefighting Service are:\n\n(a) to conduct operations to rescue persons and property from an aircraft that, as the result of an incident at, or in the vicinity of, an aerodrome, has crashed or caught fire; and\n\n(b) to conduct operations to control and extinguish, and to protect persons and property threatened by:\n\n(i) a fire at an aerodrome, whether in an aircraft or elsewhere; or\n\n(ii) a fire in the vicinity of an aerodrome that is in, or that started in, an aircraft.\n\n(2) In carrying out its functions under subregulation (1), AA must give priority to operations that are conducted:\n\n(a) at an aerodrome; or\n\n(b) within 1000 metres of any boundary of an aerodrome.\n\n4.03 Designation of officers in charge\n\nThe AA may designate a qualified employee to be the officer in charge of operations under this Division for:\n\n(a) a specified aerodrome; or\n\n(b) a specified location in the vicinity of a specified aerodrome.\n\n4.04 Duties and powers of officer in charge\n\n(1) For the purpose of conducting an operation under this Division, the officer in charge may:\n\n(a) give directions, that the officer thinks proper, to fire fighters and volunteers under the control of the officer; and\n\n(b) take measures that the officer thinks proper.\n\n(2) Without limiting the generality of paragraph (1) (b), the officer in charge may do the following things for the purpose of an operation:\n\n(a) enter (by force, if necessary), take possession of and deal with in any appropriate way, premises, an aircraft or other property;\n\n(b) close a road or other thoroughfare to traffic;\n\n(c) without payment, use a convenient water supply (including shutting off water supply from a main or pipe to obtain greater pressure or supply);\n\n(d) disconnect electricity supply to premises;\n\n(e) remove flammable, explosive or other dangerous material from premises, an aircraft or other property;\n\n(f) order a person to leave premises, an aircraft or other property;\n\n(g) remove from the vicinity of the operation, a person or thing the presence of whom, or which, in the officer’s opinion, is likely to significantly interfere with the operation;\n\n(h) take a fire engine or other fire appliance onto land or premises;\n\n(j) shore up or destroy a wall or building that, in the officer’s opinion, is insecure or may be dangerous to persons or property;\n\n(k) direct or authorise a fire fighter or a volunteer to do an act or thing that, under this regulation, the officer is empowered to do.\n\n(3) In relation to an operation, a fire fighter may do an act or thing set out in paragraph (2) (a), (b), (c), (d), (e), (f) or (h) without authorisation under paragraph (2) (k), if the fire fighter is of the opinion that, for the purpose of conducting the operation:\n\n(a) it is necessary or desirable to do that act or thing; and\n\n(b) it is not practicable for the fire fighter to obtain authorisation.\n\n(4) In this regulation:\n\n> fire fighter, in relation to an operation, means:\n\n(a) a qualified employee; or\n\n(b) a member of a fire brigade, or of a rescue or fire fighting service, who is taking part in the operation in accordance with an arrangement under regulation 4.05.\n\n> officer in charge, in relation to an operation, means:\n\n(a) the employee designated under regulation 4.03 for the operation; or\n\n(b) if, in accordance with an arrangement under regulation 4.05, the person in control of an operation is a member of a fire brigade, or of a rescue or fire fighting service — that person.\n\n> volunteer, in relation to an operation, means a person who has volunteered to assist in the operation under the direction of the officer in charge.\n\n4.05 Arrangements with State or Territory fire brigades etc\n\nFor the purposes of an operation under this Division, AA may make an arrangement with:\n\n(a) a State or a Territory, or an authority of a State or a Territory — in relation to the use of a State or Territory fire brigade; or\n\n(b) the Defence Force — in relation to the use of a fire fighting service provided by the Defence Force; or\n\n(c) any person or organisation — in relation to use of a rescue or fire fighting service provided by that person or organisation.\n\n4.06 Action not to lie against AA etc\n\nNo action lies against AA, or an employee or agent of AA acting in the course of the person’s employment or agency, for injury or damage caused, directly or indirectly, to a person or the property of a person, by the exercise of a power under regulation 4.04.\n\nDivision 4 Aeronautical Information Service\n\n4.11 Function of the Aeronautical Information Service\n\n(1) The function of the Aeronautical Information Service is to provide an aeronautical information service in accordance with this Division.\n\n(2) The aeronautical information service comprises the collection and dissemination of aeronautical information relating to the safety, regularity and efficiency of air navigation.\n\n(3) Aeronautical information is to be disseminated in connection with the following matters, services and facilities:\n\n(a) aerodromes;\n\n(b) air traffic services and facilities;\n\n(c) communication and air navigation services and facilities;\n\n(d) meteorological services;\n\n(e) search and rescue services and facilities;\n\n(f) procedures and regulatory requirements connected with air navigation;\n\n(g) notification of hazards to air navigation.\n\n4.12 Aeronautical Information Publication and Notices to Airmen\n\n(1) AIS must publish, from time to time:\n\n(a) a publication to be known as the Aeronautical Information Publication (AIP); and\n\n(b) notices to be known as Notices to Airmen (NOTAMS).\n\n(2) The AIP is to include:\n\n(a) aeronautical information required to be published in the AIP by:\n\n(i) these Regulations; or\n\n(ii) the Civil Aviation Act 1988 or the Civil Aviation Regulations; or\n\n(iii) any other Commonwealth law; and\n\n(b) other aeronautical information that is essential to safe air navigation and is of lasting relevance; and\n\n(c) instructions on the procedure to be followed, and the particulars to be supplied, by applicants for a permission referred to:\n\n(i) in Part III of the Civil Aviation Act 1988; or\n\n(ii) in subsection 14 (2) or 17 (1), of the Air Navigation Act 1920; and\n\n(d) any matter of lasting relevance relating to the facilitation of air traffic.\n\n(3) NOTAMS are to include:\n\n(a) aeronautical information required to be published in a NOTAM by:\n\n(i) these Regulations; or\n\n(ii) the Civil Aviation Act 1988 or the Civil Aviation Regulations; or\n\n(iii) any other Commonwealth law; and\n\n(b) other aeronautical information, of importance to safe air navigation, that:\n\n(i) requires early publication and can be published more quickly in NOTAMS than in the AIP; or\n\n(ii) is of temporary relevance.\n\n(4) AIS must publish information of a kind referred to in subregulation (2) or (3) that is received for publication:\n\n(a) within the Aeronautical Information Regulation and Control Cycle next following the receipt of the information, as set out in Annex 15 to the Chicago Convention; or\n\n(b) if another period is agreed to between AIS and the person submitting the information for publication — within that period.\n\n(5) AIS must forward to ICAO a copy of:\n\n(a) the AIP and any amendment of the AIP; and\n\n(b) each NOTAM.\n\nPart 5 Additional functions of AA\n\nDivision 1 Preliminary\n\n5.01 Purpose of Part 5\n\nThe purpose of this Part is to set out additional AA functions relating to:\n\n(a) the payment of compensation for damage to property by wake vortices caused by the operation of Commonwealth jurisdiction aircraft; and\n\n(b) the provision of meteorological information; and\n\n(c) the collection of certain levies.\n\nDivision 2 Compensation for wake vortices damage\n\n5.02 Meaning of damage to property\n\nIn this Division a reference to damage to property does not include damage to an aircraft in flight.\n\n5.03 Application for compensation for wake vortices damage\n\nAn owner of property that has been damaged by wake vortices produced by a Commonwealth jurisdiction aircraft may apply in writing to AA for compensation in respect of that damage.\n\n5.04 Investigation and consideration of applications\n\n(1) As soon as practicable after an application for compensation for wake vortices damage is received, AA must make an investigation to establish whether the damage is compensatable damage.\n\n(2) On completing an investigation, AA:\n\n(a) subject to subregulation (3) — may decide to pay compensation to the applicant; or\n\n(b) may refuse to pay compensation.\n\n(3) AA must not pay compensation unless it is satisfied that the damage is compensatable damage.\n\n(4) In making a decision under subregulation (2), AA must have regard to:\n\n(a) the nature of the damage that may generally be expected to be caused by wake vortices; and\n\n(b) the areas that are likely to be affected by wake vortices; and\n\n(c) whether, at the relevant time, the nature of aircraft operations in the area where the damage occurred, having regard to the weather in the area at that time, was likely to generate wake vortices of sufficient force to cause the damage; and\n\n(d) the likely cost of repairing the damage in order to restore the property to its former condition.\n\n(5) In paragraph (4) (d), former condition, in relation to property referred to in that paragraph, means the condition of the property immediately before the damage occurred.\n\n(6) AA must notify an applicant of its decision under subregulation (2) as soon as practicable and, as the case requires:\n\n(b) pay the compensation; or\n\n(b) give reasons for its refusal to pay compensation.\n\n(7) If AA decides to pay an amount of compensation that is less than the amount applied for, it must give the applicant its reasons for paying a lesser amount.\n\n5.05 No right to compensation conferred by this Division\n\nNothing in this Division is taken to confer a right on any person to receive compensation for damage caused by wake vortices produced by the operation of Commonwealth jurisdiction aircraft.\n\nDivision 3 Other functions\n\n5.06 Provision of meteorological information\n\n(1) AA may make arrangements with the Director of Meteorology for the provision of meteorological information:\n\n(a) in any form and manner; and\n\n(b) at any place;\n\nthat AA considers necessary for the safe, regular or efficient operation of aircraft, in accordance with the Chicago Convention.\n\n(2) If there is any information of a kind referred to in subregulation (1) that cannot be provided under arrangements made under that subregulation, AA may make any other arrangements that are necessary for the provision of that information.\n\n5.07 Agreement for the collection of aircraft noise levy\n\n(1) AA may enter into an agreement under section 17 of the Aircraft Noise Levy Collection Act 1995 for the receipt or custody, on behalf of the Commonwealth, of:\n\n(a) levy imposed by the Aircraft Noise Levy Act 1995; or\n\n(b) late‑payment penalty imposed by the Aircraft Noise Levy Collection Act 1995;\n\nin respect of the operation of Commonwealth jurisdiction aircraft.\n\n(2) It is a function of AA to give effect to any agreement, of a kind referred to in subregulation (1), that is entered into by AA.\n\nPart 6 Statutory liens\n\n6.01 Purpose of Part 6\n\nThe purpose of this Part is to supplement the provisions of Division 4 of Part 5 of the Act, which deal with statutory liens on aircraft for payment of unpaid service charges.\n\n6.02 Register entries on imposition of statutory lien\n\nFor the purposes of subsection 59 (1) of the Act, an entry in the Register must include, in relation to an aircraft to which that subsection applies:\n\n(a) the registration mark of the aircraft; and\n\n(b) a description of the aircraft; and\n\n(c) the name and address of the person by whom the service charge in respect of the aircraft is payable; and\n\n(d) the identifying number given to the lien by the Registrar; and\n\n(e) the time and date when the entry is made.\n\n6.03 Who may request a certificate of statutory lien?\n\nFor the purposes of subsection 61 (1) of the Act, the following persons are prescribed persons in relation to an aircraft:\n\n(a) the holder of the certificate of registration of the aircraft;\n\n(b) the owner, or the agent of the owner, of the aircraft;\n\n(c) if an authorised employee is satisfied that a person has a security interest in the aircraft — that person;\n\n(d) a person authorised in writing by a person referred to in paragraph (a), (b) or (c).\n\n6.04 Register entry on cessation of statutory lien\n\nFor the purposes of subsection 62 (2) of the Act, the Registrar must enter in the Register notice that the statutory lien has ceased to have effect, and the date of cessation.\n\n6.05 Notices relating to statutory lien\n\n(1) For the purposes of subsection 63 (1) of the Act, a notice of an entry made in the Register under section 59 of the Act in respect of an aircraft must contain:\n\n(a) the identifying number of the lien; and\n\n(b) the date and time when the entry was made; and\n\n(c) the description and registration mark of the aircraft; and\n\n(d) the name and address of the person by whom the service charge to which the lien relates is payable.\n\n(2) For the purposes of subsection 63 (1) of the Act, a notice of an entry made in the Register under section 62 of the Act that a statutory lien has ceased to have effect must contain:\n\n(a) the identifying number of the lien; and\n\n(b) the description and registration mark of the aircraft; and\n\n(c) the date on which the lien ceased to have effect.\n\n(3) For the purposes of subsection 63 (1) of the Act, the following persons are prescribed persons in relation to the service of a notice:\n\n(a) each person who is the owner, operator, lessee, hirer, charterer or pilot in command, of the aircraft;\n\n(b) if the person by whom the relevant service charge is payable is not a person referred to in paragraph (a) — that person;\n\n(c) if an authorised employee is satisfied that a person has a security interest in the aircraft — that person.\n\n6.06 How the Register of Statutory Liens is to be maintained\n\n(1) For the purposes of subsection 64 (2) of the Act, the Registrar must:\n\n(a) maintain the Register in the central office of AA; and\n\n(b) hold up‑to‑date copies of the Register in the other offices of AA.\n\n(2) Each copy of the Register must be open for public inspection at the office of AA where it is held, from 9.30 a.m. until 4.30 p.m. every day (except weekends and public holidays).\n\n6.07 Who has the benefit of insurance of seized aircraft?\n\nFor the purposes of subsection 66 (2) of the Act, the insurance of an aircraft is for the benefit of the following persons:\n\n(a) AA;\n\n(b) the owner of the aircraft;\n\n(c) if an authorised employee is satisfied that a person has a security interest in the aircraft — that person.\n\n6.08 Sale of aircraft\n\n(1) For the purposes of paragraph 67 (2) (a) of the Act, in order to effect the sale of an aircraft AA must:\n\n(a) ascertain the aircraft’s value by means of a survey of the aircraft; and\n\n(b) publish a notice, stating AA’s intention to sell the aircraft and setting out the proposed method of sale:\n\n(i) in a newspaper circulating in each State and Territory; and\n\n(ii) in another newspaper circulating in the State or Territory in which it is intended to sell the aircraft; and\n\n(c) if satisfactory terms and conditions of sale can be agreed between AA and a purchaser — sell the aircraft in accordance with the proposed method of sale.\n\n(2) For the purposes of subsection 67 (3) of the Act, at least 14 days before the date on which it is intended to sell an aircraft, AA must publish a notice of the proposed sale:\n\n(a) in each newspaper in which a notice was published under paragraph (1) (b); and\n\n(b) if AA considers it necessary, for the purpose of bringing the proposed sale to the notice of the persons referred to in regulation 6.03, to publish a notice of the proposed sale in another newspaper — in that newspaper.\n\n6.09 Proceeds of sale — claims by creditors\n\n(1) For the purposes of section 68 of the Act, as soon as practicable after the sale of an aircraft, AA must publish a notice:\n\n(a) inviting persons claiming a security interest in the aircraft that was created before the date of sale of the aircraft, to make a claim in respect of that interest in accordance with this regulation; and\n\n(b) stating that the claim must be made before the end of the period specified in the notice, being a period of at least 21 days after the date of the notice.\n\n(2) The notice must be published:\n\n(a) in a newspaper circulating in each State and Territory; and\n\n(b) if an authorised employee so determines for the purposes of subregulation (1) — in another newspaper.\n\n(3) A claim must:\n\n(a) be in writing signed by, or on behalf of, the claimant; and\n\n(b) set out particulars of the security interest, including:\n\n(i) when the interest was created; and\n\n(ii) when the debt secured by the interest was incurred; and\n\n(c) be given to AA, together with written evidence substantiating the nature and extent of the interest claimed, before the end of the period specified in the notice.\n\n(4) An authorised employee must:\n\n(a) consider each claim made in accordance with this regulation; and\n\n(b) not later than 14 days after AA receives the claim:\n\n(i) approve the claim wholly or partly, as appropriate; or\n\n(ii) reject the claim.\n\n(5) If the authorised employee rejects a claim, or approves it wholly or in part, he or she must inform the claimant in writing of the decision and the grounds for it, within 28 days.\n\n6.10 Distribution of proceeds of sale\n\n(1) For the purposes of section 68 of the Act, AA must:\n\n(a) pay the proceeds of sale of a seized aircraft into a trust account approved by the Minister for Finance for the purposes of this subregulation; and\n\n(b) hold the proceeds in that trust account until they are dealt with in accordance with this regulation.\n\n(2) AA must distribute the proceeds in the following order:\n\n(a) first, in payment of expenses incurred by AA in relation to the performance of any functions, or the exercise of any powers, under section 65 or 67 of the Act;\n\n(b) second, in payment of a debt incurred before the registration of the statutory lien, to the extent that the debt is secured by an approved security interest (other than a floating charge) created before the registration;\n\n(c) third, in payment of an outstanding amount secured by the statutory lien;\n\n(d) fourth, in payment of a debt that is not secured, or to the extent that it is not secured, by an approved security interest of a kind mentioned in paragraph (b).\n\n(3) After the proceeds are distributed, AA must:\n\n(a) cause the remainder (if any) of the proceeds to be paid to the person who was the owner of the aircraft immediately before the sale, or to the agent of that person; and\n\n(b) give a written statement, containing particulars of the distribution, to that person, or to the agent of the person.\n\n(4) No action lies against AA, or against an employee or agent of AA acting in the course of the person’s employment or agency, for recovery of a debt that is not secured by an approved security interest.\n\n(5) In this regulation approved security interest means a security interest that is approved, or approved in part, under subregulation 6.09 (4).\n\nPart 7 Miscellaneous\n\n7.01 Purpose of Part 7\n\nThe purpose of this Part is to make further provision relating to matters set out in these Regulations.\n\n7.02 Review of decisions\n\n(1) A person affected by a decision made under:\n\n(a) regulation 3.07 (claims for compensation for requisition loss); or\n\n(b) regulation 5.04 (compensation for wake vortices damage); or\n\n(c) regulation 6.09 (proceeds of sale of an aircraft);\n\nmay make a written application to AA to reconsider the decision.\n\n(2) The application must be made:\n\n(a) within 28 days after the day on which the decision first comes to the notice of the applicant; or\n\n(b) within such further period as AA allows, either before or after the end of that 28 day period.\n\n(3) The application must set out the grounds on which the applicant is requesting reconsideration of the decision.\n\n(4) Within 28 days after receiving the application, AA must reconsider the decision and affirm or revoke the decision, or vary the decision, as AA thinks fit.\n\n(5) If AA affirms, revokes or varies a decision, AA must inform the applicant in writing of the result of the reconsideration of the decision, and give its reasons.\n\n(6) Application may be made under the Administrative Appeals Tribunal Act 1975 to the Administrative Appeals Tribunal for review of a decision that has been affirmed or varied by AA under subregulation (4).\n\n7.03 Evidence of a flight\n\n(1) For the purpose of establishing liability to any service charge or late payment penalty, a flight by an aircraft may be identified by documentation that includes:\n\n(a) a flight strip summary, being a document known by that description issued by AA for the purpose of enabling employees to compile records of aircraft movements in relation to aerodromes; or\n\n(b) a message extracted from the message switching system known as the Aeronautical Fixed Telecommunication Network and referred to in Annex 10 to the Chicago Convention; or\n\n(c) a flight plan submitted to ATS by the pilot in command of the aircraft; or\n\n(d) an invoice, being an invoice containing a printout of computerised records of each flight to which the invoice relates.\n\n(2) A document of a kind referred to in paragraph (1) (a), (b), (c) or (d) is prima facie evidence of the matters stated in it.\n\n7.04 Evidence — general\n\n(1) AA may certify, in writing, that:\n\n(a) a document annexed to the certificate is a true copy of an extract from the AIP, or of a NOTAM, determination, declaration, direction, instruction, authority, notice or other document made, given or issued under these Regulations; and\n\n(b) the document of which the document annexed to the certificate is certified to be a true copy, was, on a specified date or between specified dates, posted to a specified person in connection with any proceedings.\n\n(2) AA, or the employee having custody of the appropriate records of AA, may certify, in writing, that, during a specified period or on a specified date:\n\n(a) any airspace was, or was not, a designated air route or a designated airway; or\n\n(b) any facility was, or was not, established in relation to an air route or an airway; or\n\n(c) an aerodrome was, or was not, a controlled aerodrome; or\n\n(d) a determination under regulation 2.04, as in force immediately before its repeal, applied, or did not apply, to any specified airspace.\n\n(3) In any proceedings, a certificate purporting to have been given under this regulation:\n\n(a) is taken to be a certificate given by AA or by a person empowered under this regulation to give the certificate, unless the contrary is proved; and\n\n(b) is evidence:\n\n(i) of the facts stated in the certificate; and\n\n(ii) if the certificate certifies as to a matter referred to in paragraph (1) (b) — that the document to which the certificate relates was received by the specified person on or about the time at which it would have been received in the ordinary course of post.\n\n(5) In this regulation, proceedings means:\n\n(a) proceedings in any court; or\n\n(b) any other proceedings under the Act or these Regulations; or\n\n(c) proceedings to which this regulation is stated, by any other Commonwealth law, to apply.\n\n7.06 Service of documents on AA\n\nService may be effected on AA at its principal office at \n25 Constitution Avenue, Canberra City, ACT, 2601.\n\n> Note Section 10 of the Service and Execution of Process Act 1992 makes provision in relation to the manner in which particular processes, orders and documents may be served on bodies corporate (other than companies and registered bodies)\n\n> Notes to the Air Services Regulations 1995\n\n> Note 1\n\n> Note: The Air Services Regulations 1995 (in force under the Air Services Act 1995) as shown in this compilation comprise Statutory Rules 1995 No. 223 amended as indicated in the Tables below.\n\n> Note: Under the Legislative Instruments Act 2003, which came into force on 1 January 2005, it is a requirement for all non‑exempt legislative instruments to be registered on the Federal Register of Legislative Instruments. From 1 January 2005 the Statutory Rules series ceased to exist and was replaced with Select Legislative Instruments (SLI series). Numbering conventions remain the same, ie Year and Number.\n\n> Note: > Note: Table of Instruments\n\n| Year andnumber | Date of notificationin Gazette or FRLI registration | Date ofcommencement | Application, saving ortransitional provisions |\n| -------------- | --------------------------------------------------- | ---------------------------------------------------- | --------------------------------------------- |\n| 1995 No. 223 | 6 July 1995 | 6 July 1995 (see r. 1.02 and Gazette 1995, No. S270) | |\n| 1995 No. 278 | 26 Sept 1995 | 1 Oct 1995 | — |\n| 1998 No. 8 | 11 Feb 1998 | R. 7: 6 July 1995 Remainder: 11 Feb 1998 | — |\n| 2007 No. 168 | 26 June 2007 (seeF2007L01838) | 1 July 2007 (see r. 2) | — |\n\n> Note: > Note: Table of Amendments\n\n```html\n

ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted

Provision affected

How affected

Part 1

R. 1.01...............

rs. 2007 No. 168

R. 1.02...............

am. 2007 No. 168

R. 1.03...............

am. 2007 No. 168

Note to r.1.03..........

am. 2007 No. 168

Part 2................

rep. 2007 No. 168

Rr. 2.01-2.09...........

rep. 2007 No. 168

Part 3

R. 3.03...............

am. 2007 No. 168

R. 3.05...............

ad. 1998 No. 8

R. 3.06...............

ad. 1998 No. 8

R. 3.07...............

ad. 1998 No. 8

Div. 3 of Part 4.........

rep. 1998 No. 8

Rr. 4.07–4.10..........

rep. 1998 No. 8

Part 5

Division 1

R. 5.01...............

am. 1995 No. 278

Division 3

R. 5.07...............

ad. 1995 No. 278

Part 6

R. 6.02...............

am. 1998 No. 8

R. 6.03...............

am. 1998 No. 8

R. 6.04...............

am. 1998 No. 8

R. 6.05...............

am. 1998 No. 8

R. 6.06...............

am. 1998 No. 8

R. 6.07...............

am. 1998 No. 8

R. 6.08...............

am. 1998 No. 8

R. 6.09...............

am. 1998 No. 8

R. 6.10...............

am. 1998 No. 8

Part 7

R. 7.02...............

am. 1998 No. 8

R. 7.04...............

am. 2007 No. 168

R. 7.05...............

rep. 2007 No. 168

R. 7.06...............

ad. 1998 No. 8

Note to r. 7.06..........

ad. 1998 No. 8

\n```","sortOrder":0}],"analysis":{"kimi_summary":{"_metrics":{"model":"kimi-k2.5","source":"moonshot-realtime","completionTokens":2397},"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":true,"description":"The original 1995 regulations included airspace designation and regulation functions (Part 2) and search and rescue services (Division 3 of Part 4). These were repealed in subsequent amendments — Part 2 was removed in 2007 when airspace functions transferred to the Airspace Regulations 2007, and Division 3 of Part 4 was repealed in 1998. The remaining scope focuses narrowly on operational service delivery (traffic control, firefighting, information services) and financial enforcement mechanisms (statutory liens), representing a significant narrowing from the original breadth."},"complexity_factors":["25+ defined terms in section 1.03 importing definitions from the Civil Aviation Act 1988, Airspace Regulations 2007, and international Chicago Convention annexes","Multi-step procedural framework for statutory liens in Part 6 involving registration, public notice periods (14-21 days), creditor claims, and prioritized distribution of sale proceeds","Conditional logic allowing emergency oral requisition of aircraft that must be documented in writing within 24 hours (regulation 3.05)","Cross-references to multiple external legislative schemes including the Aircraft Noise Levy Collection Act 1995, Safety Rehabilitation and Compensation Act 1988, and Administrative Appeals Tribunal Act 1975","Nested structure with Parts, Divisions, and subregulations creating multiple conditional exceptions (e.g., liability shields in regulations 3.04 and 4.06)"],"plain_english_summary":"**What it is**: These regulations set out the rules for how Airservices Australia (AA) — the government body that manages Australia's skies and airports — does its job.\n\n**Who it affects**: Pilots, aircraft owners, airlines, airport operators, and anyone who owns property near flight paths.\n\n**What it does**:\n\n* **Air Traffic Control**: Gives AA qualified staff the power to issue directions and clearances to aircraft in controlled airspace and at airports. They can also remove hazards (like stray vehicles or animals) from runways and even **requisition** (take control of) private aircraft in emergencies to assist with traffic management — though owners must be paid compensation.\n\n* **Fire and Rescue**: Establishes AA's rescue and firefighting services at airports. During an aircraft emergency, designated officers can enter property by force, shut off water/electricity supplies, close roads, remove dangerous materials, and commandeer water sources to fight fires.\n\n* **Flight Information**: Requires AA to publish the *Aeronautical Information Publication* (a flight guide) and *Notices to Airmen* (safety alerts) to keep pilots informed about airspace changes and hazards.\n\n* **Debt Recovery (Statutory Liens)**: If an aircraft owner doesn't pay air traffic fees, AA can seize the aircraft, register a lien against it, and sell it to recover the debt. The regulations set out a strict process for notifying owners, advertising the sale, and distributing the money to creditors and the owner.\n\n* **Compensation Schemes**: \n * **Requisitioning**: Owners can claim compensation when AA commandeers their aircraft for emergencies.\n * **Wake Vortices**: Property owners can apply for compensation if military or Commonwealth aircraft create dangerous air turbulence (wake vortices) that damages their buildings or land. *Note: This does not create a guaranteed right to payment — AA decides if the claim is valid.*\n\n* **Reviews**: People can ask AA to reconsider decisions about compensation or aircraft seizures, and can appeal to the Administrative Appeals Tribunal if unhappy with the outcome."},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"The compiled Regulations include amendments and repeals recorded in the instrument’s tables (see the Table of Amendments and Table of Instruments). The compilation shows additions and amendments across years (for example: regs 3.05–3.07 were added in 1998 No. 8; Part 2 was repealed by 2007 No. 168; multiple Part 6 provisions were amended in 1998 No. 8). These changes altered scope and procedure from the original 1995 text by: adding specific requisition and compensation procedures (regs 3.05–3.07), expanding and clarifying statutory-lien and sale procedures (Part 6: regs 6.02–6.10 as amended), and repealing earlier parts (Part 2), among other technical updates. The Table of Amendments in the compilation identifies the specific provisions and amendment instruments (eg ad. 1998 No. 8; am. 2007 No. 168)."},"complexity_factors":["Extensive cross-references to primary Act, Airspace Regulations, Civil Aviation Act/Regulations and ICAO Annexes (see regs 1.03 and many function definitions).","Multiple discretionary powers vested in AA and authorised/qualified employees (eg regs 3.03, 3.04, 3.05, 5.04, 6.09) requiring case-by-case administrative decisions.","Detailed procedural regimes for liens, notices, publications and sales that require timed steps, public notices and trust-account handling (Part 6: regs 6.06–6.10).","Compensation schemes with differing standards, evidentiary requirements and time limits (requisition compensation: regs 3.06–3.07; wake-vortex compensation: regs 5.03–5.05).","Operational powers in emergencies that include property-entry and immunity provisions, raising legal and factual complexity (regs 4.04–4.06).","Publication and evidentiary rules (AIP/NOTAM timing, certification) that impose ongoing administrative obligations (regs 4.12, 7.03–7.04)."],"plain_english_summary":"What these Regulations do (mechanics)\n\n- Give detailed rules for how Airservices Australia (AA) provides air traffic, rescue/firefighting, aeronautical information, search-and-rescue and related services, and set out the powers AA and its authorised employees can use when providing those services (see regs 3.01, 4.01, 4.11).\n- Authorise AA employees to issue air traffic instructions and clearances in controlled aerodromes and certain airspace, and to require publication of instructions in the Aeronautical Information Publication (AIP) or a NOTAM before they take effect (regs 3.02–3.03, 4.12(6)).\n- Allow AA to remove or move hazards on aerodromes, and to authorise others to do so; the Regulations limit AA’s liability for damage caused by such removals (reg 3.04).\n- Permit a qualified AA employee to requisition aircraft for AA functions and establish a compensation process for owners and operators for loss caused by requisitioning, with time limits and criteria for assessing claims (regs 3.05–3.07).\n- Give AA and designated officers broad powers when conducting rescue and firefighting operations at or near aerodromes — including entry, taking possession of property, closing roads, using water supplies and disconnecting electricity — and provide immunity from civil action for actions taken under those powers (regs 4.02–4.06).\n- Require AA’s Aeronautical Information Service (AIS) to publish the AIP and NOTAMs, set timing for publication, and forward published material to ICAO (regs 4.11–4.12).\n- Permit owners of property damaged by wake vortices from Commonwealth-jurisdiction aircraft to apply for discretionary compensation; AA must investigate and can pay or refuse, but the Division does not create a guaranteed right to compensation (regs 5.02–5.05).\n- Authorise AA to arrange for meteorological information and to enter agreements to collect the aircraft noise levy on behalf of the Commonwealth (regs 5.06–5.07).\n- Create procedural rules for statutory liens on aircraft for unpaid service charges, how the Register of Statutory Liens is to be kept and inspected, who may request certificates or notices, sale procedures for seized aircraft, how sale proceeds are to be published, claimed and distributed, and that AA has priority to certain expenses (Part 6: regs 6.01–6.10).\n- Set administrative procedures for review of certain AA decisions (internal reconsideration and AAT review), and provide evidentiary and service rules for proving flights, NOTAM/AIP extracts and service on AA (Part 7: regs 7.02–7.06).\n\nOfficial purpose-claims and how they map to mechanics\n\n- The Regulations state their purposes as defining AA’s functions and the powers it may exercise in providing the listed services (see regs 3.01, 4.01, 5.01, 6.01, 7.01). Mechanically, those purposes are implemented by delegating specific powers and duties to AA and to “qualified” or “authorised” employees, by prescribing publication and record-keeping duties (AIP, NOTAMs, Register), and by setting processes for compensation, liens, sales and reviews (see regs cited above).\n\nWho pays, who decides, and what changes behaviour (key incentive lines)\n\n- Who pays:\n - AA pays compensation to owners/operators for loss caused by requisitioning if AA decides a claim is justified (regs 3.06–3.07). (Owners/engaged operators bear the initial loss and must claim within 2 years — reg 3.06(3).)\n - AA may pay discretionary compensation for wake-vortex damage to property, but the Division does not create a guaranteed entitlement (regs 5.03–5.05).\n - Owners/operators who fail to pay service charges may have statutory liens registered against their aircraft and, after procedures and notices, their aircraft may be seized and sold to satisfy debts; sale costs and priority payments are deducted from proceeds (Part 6: regs 6.02, 6.08–6.10).\n - AA is authorised to receive and hold aircraft noise levies and late‑payment penalties under agreement (reg 5.07).\n\n- Who decides and where discretion lies:\n - AA and its authorised/qualified employees hold the decision-making power across the instrument: to give air traffic instructions (reg 3.03), to authorise removal of hazards (reg 3.04), to requisition aircraft (reg 3.05), to decide compensation claims (reg 3.07), to designate officers in charge of firefighting operations and to exercise broad operational powers (regs 4.03–4.04), to investigate and decide on wake-vortex compensation claims (reg 5.04), to accept or reject security-interest claims after an aircraft sale (reg 6.09), and to maintain and publish the Register (reg 6.06).\n - Many procedural outcomes are discretionary: AA “may” make arrangements with State or Defence fire services (reg 4.05), “may” pay compensation for wake-vortices (reg 5.04(2)(a)), and authorised employees determine satisfaction about security interests (reg 6.03(c)).\n\n- Behavioural effects / incentives:\n - Private aircraft owners and operators face financial and operational incentives to pay service charges and comply with AA directions, because unpaid charges can lead to statutory liens and sale procedures (Part 6: regs 6.02, 6.08–6.10).\n - Owners/operators exposed to requisition risk may factor possible AA requisitions into charters, insurance and scheduling because AA can requisition aircraft for AA functions (reg 3.05) but must consider charter rates and repair costs when assessing compensation (reg 3.07(2)(a)).\n - Operators near aerodromes may have a route to seek discretionary compensation for wake-vortex property damage, but the lack of a guaranteed right (reg 5.05) shifts risk-bearing toward private parties unless AA accepts a claim (regs 5.03–5.04).\n - Airport and local emergency organisations may be called into AA operations under arrangements that could change resourcing and command arrangements during incidents (regs 4.03–4.05).\n\nCompliance burden, information and administrative costs\n\n- Compliance and administrative burdens fall on private parties and AA:\n - Owners/operators must respond to notices, apply within time-limits for compensation (2 years for requisition claims — reg 3.06(3)), and substantiate claims (reg 3.07(2)(b); reg 6.09(3)).\n - AA must maintain a Register centrally and copies in other offices, keep it open for public inspection within specified hours, publish notices in multiple newspapers when selling aircraft, and hold sale proceeds in an approved trust account (regs 6.06, 6.08–6.10).\n - AIS must publish the AIP and NOTAMs according to the Aeronautical Information Regulation and Control Cycle or an agreed period, and forward copies to ICAO (reg 4.12(4)–(5)). These are ongoing publication and record-keeping obligations (reg 4.12).\n - AA must investigate wake-vortex and requisition claims “as soon as practicable” and give written reasons when claims are refused or reduced (regs 3.07(1)(b), 5.04(6)).\n\nTrade-offs, opportunity costs and implementation risk (source-grounded)\n\n- Resource allocation: AA must allocate staff/time to investigations, notices, publication duties, Register maintenance, and possible aircraft requisition operations. Those internal costs are implicit in duties to investigate and publish and in the trust-account/sale procedures (regs 3.07, 4.12, 6.06, 6.10).\n- Discretion vs predictability: The Regulations give AA broad discretion (many “may” decisions, eg regs 3.04, 4.05, 5.04, 6.09). That allows operational flexibility but increases uncertainty for private parties (owners, operators, creditors) who must rely on AA decisions about compensation, lien registration/cessation and approval of security-interest claims (regs 3.07, 5.04, 6.03–6.09).\n- Enforcement costs for private parties: The statutory-lien scheme puts the onus on owners/creditors to monitor the Register, respond to sale notices and lodge substantiated claims within specified periods (regs 6.06, 6.09). Creditors need to substantiate pre-existing security interests to claim distribution of proceeds (reg 6.09(3), 6.10(2)(b)).\n- Limits on private remedies: The Regulations provide immunities for AA and its employees in certain operational contexts (reg 3.04(2); reg 4.06; reg 6.10(4)), reducing exposure to civil suits for acts done under the instrument’s powers.\n\nEffects on private enterprise, contracts and markets (light market-liberal lens)\n\n- Contract freedom & ownership: Owners retain ownership but face statutory processes (liens, seizure, sale) that can override immediate control of aircraft when service charges are unpaid (Part 6: regs 6.02, 6.08–6.10). Security interests are recognised, but claimants must substantiate pre‑sale interests to benefit from sale proceeds (reg 6.09).\n- Competition and prices: The Regulations do not directly set prices; however, they create an enforcement mechanism for AA to collect service charges and levies (Part 6, reg 5.07). That enforcement can affect the cost of operating aircraft (via reliable collection of AA charges) and thus influence private operating costs and pricing decisions.\n- Productivity and operation: AA’s power to requisition aircraft (reg 3.05) and to direct aircraft movements (reg 3.03) can temporarily remove aircraft from private use; compensation rules constrain but do not fully remove the operational disruption risk (regs 3.06–3.07).\n\nProcedural protections and review\n\n- Affected persons may seek internal reconsideration of a decision listed in reg 7.02 (compensation for requisition loss, wake-vortex compensation, and claims related to proceeds of sale). AA must reconsider within 28 days and give reasons; AAT review is available after certain internal affirmations or variations (reg 7.02).\n- Evidentiary rules make particular AA records and documents prima facie evidence for service‑charge liability and other matters, easing AA’s administrative enforcement (regs 7.03–7.04).\n\nConcrete, source-cited points of concentrated benefit or cost risk\n\n- Concentrated benefits: AA (and, by extension, the Commonwealth) receives a mechanism to secure and recover unpaid service charges (Part 6: regs 6.02–6.10) and to collect aircraft noise levies under agreement (reg 5.07).\n- Diffuse costs: Owners, operators, creditors and local service providers bear monitoring, substantiation and potentially loss-bearing costs when AA exercises lien, seizure or requisition powers (regs 3.05–3.07; Part 6 regs).\n- Capture and rent-seeking risk: The text vests substantive discretion in AA and authorised employees to approve compensation, determine security-interest status and conduct sales (regs 3.07, 5.04, 6.03, 6.09). Where statutory discretion is concentrated, parties affected must rely on AA procedural fairness and available review options (reg 7.02).\n\nKey practical takeaways (who pays, who decides, immediate obligations)\n\n- Owners/operators: monitor service-charge notices, ensure payments to avoid liens and potential sale (Part 6), and keep records to substantiate any compensation claims or security interests (regs 3.06–3.07; reg 6.09).\n- AA/authorised employees: hold broad operational powers, must publish AIP/NOTAMs, maintain registers and run prescribed procedures for sales and claims (regs 3.03, 4.12, 6.06–6.10).\n- Emergency responders and State/Defence agencies: can be integrated into AA operations under arrangements, with AA officers or designated persons exercising command and broad operational powers during incidents (regs 4.03–4.05).\n\nPrimary statutory citations: regs 3.01–3.07; 4.01–4.06; 4.11–4.12; 5.01–5.07; 6.01–6.10; 7.01–7.06."}},"importantCases":[],"_links":{"self":"/api/acts/air-services-regulations-1995","history":"/api/acts/air-services-regulations-1995/history","analysis":"/api/acts/air-services-regulations-1995/analysis","conflicts":"/api/acts/air-services-regulations-1995/conflicts","importantCases":"/api/acts/air-services-regulations-1995/important-cases","documents":"/api/acts/air-services-regulations-1995/documents"}}