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Commonwealth legislation
What this instrument does (mechanically)
It sets out the functions, powers and administrative procedures for Airservices Australia (AA) in running core air‑services activities: air traffic control, aeronautical information (AIP/NOTAMs), aerodrome rescue and fire‑fighting, emergency assistance, and arrangements for meteorological information (see sections 6, 13, 16, 20, 28).
It gives AA operational powers to direct aircraft and users, remove safety hazards at aerodromes, requisition aircraft in urgent circumstances, and make and use arrangements with States, Commonwealth bodies and other parties for services (see sections 7–11, 8, 9, 18, 22).
It prescribes processes for compensation claims where AA requisitions an aircraft (owner/operator may claim; evidentiary and time requirements apply) and for AA handling claims arising from wake vortices (see sections 10–12, 24–26).
It establishes how AA keeps and publishes a Register of statutory liens for unpaid service charges on aircraft, who may be served or request certificates, how AA may seize and sell aircraft and distribute sale proceeds (including priority for certain secured creditors), and publicity requirements for sale and claims (see sections 30–38).
It sets administrative and evidentiary mechanics: what documents can prove a flight for billing, AA’s power to issue evidentiary certificates, internal review routes and Tribunal review, and a statutory immunity for acts done in good faith under the Regulations (see sections 40–42, 39, 41).
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Direct links to the current provisions in Air Services Regulations 2019.
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View on official registerSourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.
Who this affects
Airservices Australia (AA): gains the specified operational functions and the corresponding powers and administrative duties (s.6, 13, 16, 20, 28).
Aircraft owners, operators, lessees, pilots and financiers: subject to AA instructions in controlled airspace and aerodromes (s.7), may be requisitioned (s.9), billed for AA service charges and exposed to statutory liens, seizure and sale procedures for unpaid charges (s.30–38), and may need to present evidence in claims or disputes (s.10, 24, 40).
Third‑party service providers and government emergency services: may enter into arrangements with AA to provide or receive services (s.18, 22, 28).
Persons who suffer property damage from Commonwealth jurisdiction aircraft wake vortices: may apply for compensation to AA but the Division does not guarantee a right to compensation (s.24–27).
Insurers and secured creditors: the Regulations prescribe how insurance beneficiaries and competing security interests are dealt with where AA seizes and sells aircraft (s.33, 35–38).
Why it matters (practical effects and mechanisms)
Operational clarity and legal footing: the Regulations tie AA’s day‑to‑day operational powers to statutory procedures (who may give instructions, when they take effect, and how they are published) so pilots and operators know what to obey and when (s.7, s.14–15).
Enforcement of payment for AA services: AA may register statutory liens for unpaid service charges, publicise entries, and ultimately sell seized aircraft; the Regulations fix the register contents, notice and sale process and the order in which sale proceeds are paid (s.30, s.32, s.34, s.38). This creates both a cash‑collection mechanism for AA and exposure for aircraft that serve as collateral for financiers.
Limited but present compensation scheme for requisition and wake‑vortex damage: owners/operators can claim compensation (s.10, s.24) but AA has discretion to investigate and pay, must consider specified factors, and claimants bear evidentiary and timing burdens (s.10(3), s.24(2), s.26(6)). The Regulations explicitly say the wake‑vortex rules do not create an entitlement to compensation (s.27).
Discretion and administrative burden: AA has broad discretionary powers to decide whether to investigate claims, to request further information, and to make arrangements with other bodies (s.11, s.25, s.18, s.22). Claimants and interested persons must supply evidence and respond to information requests or risk non‑consideration (s.11, s.25, s.36).
Allocation of risk and litigation exposure: AA and its employees are immune from civil liability for acts done in good faith under the Regulations (s.42), lowering AA’s litigation risk but placing greater pressure on internal remedies and external review routes (internal review under s.39, Administrative Review Tribunal).
Costs, incentives and trade‑offs (concrete mechanisms)
Who pays / who loses access: users that fail to pay service charges may face registration of a statutory lien and eventual seizure and sale of the aircraft (s.30, s.38). That is a concentrated, large downside for affected owners and their financiers.
Incentives for AA: the statutory lien and sale mechanism strengthens AA’s position to collect unpaid charges; AA also benefits from immunity for good‑faith acts (s.42). AA must follow prescribed publication and process steps when enforcing liens and selling aircraft (s.34–35, s.38).
Costs to private parties: claimants must meet evidentiary standards and time limits (e.g. 2 years for requisition compensation – s.10(3)); responding to information requests and engaging in the internal review and Tribunal process are additional administrative and legal costs (s.11, s.39).
Effects on finance and markets: the Regulations specify priority rules for distribution of sale proceeds that may affect lenders’ recovery prospects (approved pre‑registration, non‑floating security interests take priority in certain circumstances – s.38(2)(b)). That can affect loan terms, pricing and willingness of financiers to lend against aircraft.
Substitution and operational trade‑offs: AA’s discretion to provide non‑aerodrome emergency assistance (s.20) and to make arrangements with other bodies (s.18, s.22, s.28) means some services may be contracted out or provided by State/Commonwealth agencies; that creates trade‑offs in cost, timeliness and contractual complexity.
Implementation risks: many duties depend on cross‑references (Act, Civil Aviation Regulations/Standards, Airspace Regulations, Chicago Convention). That produces administrative complexity and reliance on regulatory alignment between AA and CASA or other authorities (see notes to s.6, s.13, s.16).
Behavior changes the Regulations create
Pilots and aircraft operators must comply with AA air traffic instructions in controlled aerodromes and specified airspace, and monitor published AIP and NOTAM information (s.7, s.14–15).
Owners/operators must pay AA service charges or risk registration of a statutory lien, seizure and sale (s.30–38).
Affected persons who want compensation must collect and lodge written evidence promptly and be prepared to respond to AA information requests within the timeframes (s.10(3), s.24(2), s.11, s.25).
Potential creditors and insurers must track the Register and AA notices to protect security interests; AA’s distribution order affects recovery expectations (s.30, s.35–38).