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Aviation Laws Amendment (Australian Ownership and Operation) Bill 2013

Introduced into the House of Representatives on 11 February 2013
By: Mr Katter MP

1.1        This bill seeks to amend the Air Navigation Act 1920 and the Civil Aviation Act 1988 to provide that Australian international airline licences, and authorisations for the operation of domestic flights in Australia, must only be granted to an Australian operator. An Australian operator is  defined as one:

• that is at least 51 per cent owned by Australian citizens or residents;
• that conducts at least 80 per cent of its aircraft maintenance in Australia; and
• whose aircrew are domiciled in Australia.

Compatibility with human rights

1.2        The bill is accompanied by a statement of compatibility which reproduces the template provided by the Attorney-General's Department without making specific reference to the bill. The statement concludes by stating that the bill is compatible with human rights.

Right to equal protection of the law and to non-discrimination

1.3        In distinguishing between operators on the basis of the nationality of the airline's owners and where the aircrew are domiciled, the bill would appear to engage the right to non-discrimination under article 26 of the International Covenant on Civil and Political Rights (ICCPR). Article 26 provides a guarantee of equal protection of the law and protection against discrimination. In distinguishing between operators in such a way might be viewed as discriminatory unless it can be shown that the differential treatment is based on objective and reasonable criteria that pursue a legitimate objective. However, no justification is offered in the statement of compatibility.

1.4                 The committee considers that this bill does not appear to give rise to significant human rights concerns.

1.5        The committee intends to write to Mr Katter, noting that the statement of compatibility fails to identify specific rights which may be promoted or limited by the bill and that it is a requirement of the Human Rights (Parliamentary Scrutiny) Act 2011 that substantive statements of compatibility be supplied even in cases where the effect of the proposed legislation is to promote rather than limit the enjoyment of a relevant right.

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