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Air Services Act 1995
3Interpretation
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#### 3 Interpretation
(1) In this Act, unless the contrary intention appears:
> AA means the body called Airservices Australia that is established by this Act.
> aircraft means any machine or craft that can derive support in the atmosphere from the reactions of the air and, in Division 4 of Part 5, includes an object that was designed or adapted for use as an aircraft but is incapable of being so used because:
(a) a part has, or parts have, been removed from it; or
(b) it is in a wrecked or damaged condition.
> appointed member means a member of the Board who is appointed by the Minister under subsection 22(2).
> Australian‑administered airspace means:
(a) the airspace over Australian territory; and
(b) airspace that has been allocated to Australia by ICAO under the Chicago Convention and for which Australia has accepted responsibility; and
(c) airspace administered by Australia at the request of another country.
> Australian aircraft means an aircraft registered in Australia.
> Australian territory means:
(a) the territory of Australia and of every external Territory; and
(b) the territorial sea of Australia and of every external Territory; and
(c) the air space over any such territory or sea.
> authorised employee means an employee authorised by AA in writing to act under the provision in which the expression occurs.
> authority of the Commonwealth includes the following:
(a) the Defence Force;
(c) the Australian Federal Police;
(d) a body, whether incorporated or not, established for a public purpose by or under a law of the Commonwealth or of a Territory;
(e) the holder of an office established for a public purpose by or under a law of the Commonwealth or of a Territory;
(f) a company in which the Commonwealth owns shares that carry more than half the voting power;
but does not include Qantas Airways Limited.
> Board means the Board of AA.
> CASA means the Civil Aviation Safety Authority established by the Civil Aviation Act 1988.
> Chairperson means the Chairperson of the Board.
> Chicago Convention means:
(a) the Convention on International Civil Aviation done at Chicago on 7 December 1944, whose English text is set out in Schedule 1 to the Air Navigation Act 1920; and
(b) the Protocols amending that Convention, being the Protocols referred to in subsection 3A(2) of that Act, whose English texts are set out in Schedules to that Act; and
(c) the Annexes to that Convention relating to international standards and recommended practices, being Annexes adopted in accordance with that Convention.
> Commonwealth jurisdiction aircraft means any aircraft that:
(a) is being operated:
(i) in the course of trade and commerce with other countries or among the States; or
(ii) in the course of, or for the purposes of, the provision of services by a trading corporation (within the meaning of paragraph 51(xx) of the Constitution); or
(iii) by a foreign corporation (within the meaning of that paragraph of the Constitution); or
(iv) in a Territory, between Territories or between a Territory and a State; or
(v) in journeys to or from places that have been acquired by the Commonwealth for public purposes; or
(b) is in the possession or under the control of the Commonwealth or an authority of the Commonwealth; or
(c) is being used wholly or principally for a purpose of the Commonwealth.
> dealing, in relation to securities, includes the following:
(a) creating, executing, entering into, drawing, making, accepting, endorsing, issuing, discounting, selling, purchasing or re‑selling securities;
(b) creating, selling, purchasing or re‑selling rights or options in respect of securities;
(c) entering into agreements or other arrangements relating to securities.
> Deputy Chairperson means the Deputy Chairperson of the Board.
> employee means a person employed under section 42.
> Finance Minister means the Minister administering the Public Governance, Performance and Accountability Act 2013.
> ICAO means the International Civil Aviation Organization referred to in the Chicago Convention.
> late payment penalty means a penalty payable under section 56.
> member means a member of the Board (including the Chairperson, the Deputy Chairperson and the Chief Executive Officer).
> money raising means raising money by borrowing or by any other means, whether in Australian currency, foreign currency or a mixture of both.
> outstanding amount, in relation to an aircraft, means either of the following amounts that has become payable, but has not been paid or been remitted under section 58:
(a) a service charge payable in respect of the aircraft;
(b) late payment penalty on any service charge in respect of the aircraft.
> payable means due and payable.
> provide includes maintain, operate and use.
> Register means the Register maintained under section 64.
> Registrar means the person who maintains the Register.
> securities includes stocks, debentures, debenture stocks, notes, bonds, promissory notes, bills of exchange and similar instruments or documents.
> service charge means a charge under section 53 for services or facilities provided by AA.
> share means share in the share capital of a corporation, and includes stock.
> statutory lien means a lien vested in AA under section 59.
> subsidiary has the meaning given by subsection (3).
(2) A reference in this Act to services and facilities provided by AA is a reference to services and facilities provided as described in subsection 11(3).
(3) The question whether a company is a subsidiary of AA is to be determined in the same way as the question whether a corporation is a subsidiary of another corporation is determined for the purposes of the Corporations Act 2001.