House of Representatives Committees

Footnotes

Chapter 2 Six Air Agreements

[1] National Interest Analysis [2012] ATNIA 28 with an attachment on consultation the Air Transport Agreement between the Government of Australia and the Government of the United States of America (Washington, 31 March 2008) [2008] ATNIF 3, and the Exchange of notes amending the Air Transport Agreement between the Government of Australia and the Government of the United States of America (not yet signed) [2012] ATNIF 24, (Hereafter referred to as ‘the US Agreement NIA’), para 7.

[2] Mr Samuel Lucas, Director, Air Services Negotiations Section, Aviation Industry Policy Branch, Aviation and Airports Division, Department of Infrastructure and Transport, Committee Hansard, 4 February 2013, p. 1.

[3] National Interest Analysis [2012] ATNIA 16 with an attachment on consultation Amendment to the Agreement between the Commonwealth of Australia and Japan for Air Services, done at Tokyo on 19 January 1956 [2012] ATNIF 13, (Hereafter referred to as ‘the Japan Agreement NIA’), para 8.

[4] The US Agreement NIA, para 5.

[5] National Interest Analysis [2012] ATNIA 25 with an attachment on consultation Agreement between the Government of the Republic of Kenya and the Government of Australia relating to Air Services (Nairobi, 24 May 2012) [2012] ATNIF 23, (Hereafter referred to as ‘the Kenya Agreement NIA’), paras 6 and 9.

[6] The Kenya Agreement NIA, para 11.

[7] See for example Agreement between the Government of Australia and the Government of the Democratic Socialist Republic of Sri Lanka relating to Air Services, done at Colombo on 3 May 2012[2012] ATNIF 8, Article 3; and Air Transport Agreement between the Government of Australia and the Government of the United States of America (Washington, 31 March 2008) [2008] ATNIF 3, Annex 1, section 2.

[8] The Kenya Agreement NIA, para 10.

[9] The Kenya Agreement NIA, para 13.

[10] The Kenya Agreement NIA, para 14.

[11] The Kenya Agreement NIA, para 12.

[12] The Kenya Agreement NIA, para 14.

[13] The Kenya Agreement NIA, para 20.

[14] The Kenya Agreement NIA, para 21.

[15] The Kenya Agreement NIA, para 17.

[16] The Kenya Agreement NIA, para 24.

[17] The Kenya Agreement NIA, para 24. (The exception in this batch of Agreements is the US Agreement, as discussed later in this Chapter).

[18] National Interest Analysis [2012] ATNIA 27 with an attachment on consultation Agreement between the Government of Australia and the Government of the Democratic Socialist Republic of Sri Lanka relating to Air Services, done at Colombo on 3 May 2012[2012] ATNIF 8, (Hereafter referred to as ‘the Sri Lanka Agreement NIA’), para 3.

[19] The Sri Lanka Agreement NIA, para 9.

[20] The Sri Lanka Agreement NIA, para 9.

[21] The Sri Lanka Agreement NIA, para 25.

[22] The Sri Lanka Agreement NIA, para 10.

[23] Agreement between the Government of Australia and the Government of the Democratic Socialist Republic of Sri Lanka relating to Air Services, done at Colombo on 3 May 2012[2012] ATNIF 8, Article 11.

[24] The US Agreement NIA, para 2.

[25] The US Agreement NIA, para 4.

[26] The US Agreement NIA, para 8.

[27] Air Transport Agreement between the Government of Australia and the Government of the United States of America (Washington, 31 March 2008) [2008] ATNIF 3, Article 15.

[28] Mr Samuel Lucas, Director, Air Services Negotiations Section, Aviation Industry Policy Branch, Aviation and Airports Division, Department of Infrastructure and Transport, Committee Hansard, 4 February 2013, p. 2.

[29] Mr Stephen Borthwick, General Manager, Aviation Industry Policy Branch, Aviation and Airports Division, Department of Infrastructure and Transport, Committee Hansard, 4 February 2013, p. 2.

[30] Mr Stephen Borthwick, General Manager, Aviation Industry Policy Branch, Aviation and Airports Division, Department of Infrastructure and Transport, Committee Hansard, 4 February 2013, p. 6.

[31] Mr Stephen Borthwick, General Manager, Aviation Industry Policy Branch, Aviation and Airports Division, Department of Infrastructure and Transport, Committee Hansard, 4 February 2013, p. 6.

[32] The US Agreement NIA, para 3.

[33] Mr Stephen Borthwick, General Manager, Aviation Industry Policy Branch, Aviation and Airports Division, Department of Infrastructure and Transport, Committee Hansard, 4 February 2013, p. 2.

[34] Mr Samuel Lucas, Director, Air Services Negotiations Section, Aviation Industry Policy Branch, Aviation and Airports Division, Department of Infrastructure and Transport, Committee Hansard, 4 February 2013, p. 3.

[35] The US Agreement NIA, para 8.

[36] Mr Samuel Lucas, Director, Air Services Negotiations Section, Aviation Industry Policy Branch, Aviation and Airports Division, Department of Infrastructure and Transport, Committee Hansard, 4 February 2013, p. 3.

[37] Mr Samuel Lucas, Director, Air Services Negotiations Section, Aviation Industry Policy Branch, Aviation and Airports Division, Department of Infrastructure and Transport, Committee Hansard, 4 February 2013, pp. 3-4.

[38] The US Agreement NIA, para 8.

[39] The US Agreement NIA, para 23.

[40] Department of Infrastructure and Transport, Submission 5, p. 2.

[41] Air Transport Agreement between the Government of Australia and the Government of the United States of America, done at Washington, 31 March 2008, [2008] ATNIF 3, Article 3.

[42] Chapter 11 refers to a section of the US Bankruptcy Code. It protects a company from its creditors, giving it time to reorganise its debts or sell parts of the business. One the largest US airlines – American Airlines – filed for a Chapter 11 bankruptcy in late 2011. http://www.bbc.co.uk/news/business-15935206.

[43] Mr Samuel Lucas, Director, Air Services Negotiations Section, Aviation Industry Policy Branch, Aviation and Airports Division, Department of Infrastructure and Transport, Committee Hansard, 4 February 2013, p. 4.

[44] Mr Stephen Borthwick, General Manager, Aviation Industry Policy Branch, Aviation and Airports Division, Department of Infrastructure and Transport, Committee Hansard, 4 February 2013, p. 4.

[45] Mr Stephen Borthwick, General Manager, Aviation Industry Policy Branch, Aviation and Airports Division, Department of Infrastructure and Transport, Committee Hansard, 4 February 2013, p. 5.

[46] Mr Stephen Borthwick, General Manager, Aviation Industry Policy Branch, Aviation and Airports Division, Department of Infrastructure and Transport, Committee Hansard, 4 February 2013, p. 5.

[47] Air Transport Agreement between the Government of Australia and the Government of the United States of America, done at Washington, 31 March 2008, [2008] ATNIF 3, Article 6.

[48] Department of Infrastructure and Transport, Submission 5, pp. 2-3.

[49] Department of Infrastructure and Transport, Submission 5, pp. 2-3.

[50] National Interest Analysis [2012] ATNIA 16 with an attachment on consultation Exchange of Notes Constituting an Agreement to further amend the Schedule to the Agreement between the Commonwealth of Australia and Japan for Air Services [2012] ATNIF 13, (Hereafter referred to as ‘the Japan Agreement NIA’), para 2.

[51] The Japan Agreement NIA, para 5.

[52] The Japan Agreement NIA, para 6.

[53] The Japan Agreement NIA, para 9.

[54] The Kenya Agreement NIA, para 3.

[55] The Kenya Agreement NIA, para 9.

[56] The Kenya Agreement NIA, para 9.

[57] The Kenya Agreement NIA, para 25.

[58] The Kenya Agreement NIA, para 10.

[59] Agreement between the Government of the Republic of Kenya and the Government of Australia relating to Air Services 2012 [2012] ATNIF 23, Article 11.

[60] National Interest Analysis [2012] ATNIA 26 with an attachment on consultation Agreement between the Government of Australia and the Government of the Republic of Palau relating to Air Services (Koror, 2 May 2012) [2012] ATNIF 6, (Hereafter referred to as ‘the Palau Agreement NIA’), para 3.

[61] The Palau Agreement NIA, para 9.

[62] The Palau Agreement NIA, para 2.

[63] For example, the US Agreement NIA, para 8.

[64] The Kenya Agreement NIA, para 27.

[65] The United States Agreement NIA, Para 27.

[66] The United States Agreement NIA, Para 28.

[67] Mr Samuel Lucas, Director, Air Services Negotiations Section, Aviation Industry Policy Branch, Aviation and Airports Division, Department of Infrastructure and Transport, Committee Hansard, 4 February 2013, p. 1.

Chapter 3 Convention on International Interests in Mobile Equipment, done at Cape Town on 16 November 2001 Protocol to the Convention on International Interests in Mobile Equipment on Matters Specific to Aircraft Equipment, done at Cape Town on 16 November 2001

[1] National Interest Analysis [2012] ATNIA 24 with an attachment on consultation Convention on International Interests in Mobile Equipment (Cape Town, 16 November 2001) [2001] ATNIF 35, and the Protocol to the Convention on International Interests in Mobile Equipment on Matters Specific to Aircraft Equipment (Cape Town, 16 November 2001) [2001] ATNIF 36, (Hereafter referred to as ‘the NIA’), para 1.

[2] NIA, para 5.

[3] NIA, para 4.

[4] NIA, para 7.

[5] NIA, para 8.

[6] NIA, para 8.

[7] NIA, para 9.

[8] NIA, para 10.

[9] NIA, para 11.

[10] NIA, para 11.

[11] NIA, para 18.

[12] NIA, para 13.

[13] NIA, para 13.

[14] NIA, para 14.

[15] NIA, para 6.

[16] NIA, para 15.

[17] NIA, para 15.

[18] “Aircraft objects” are airframes (aircraft bodies), aircraft engines and helicopters (Article 2(3)(a) of the Convention). NIA, p.1.

[19] NIA, para 16. The relevant declarations can be found in para 1.17 of the Regulation Impact Statement.

[20] “Remedies are exercised in a ‘commercially reasonable manner’ if the creditor takes proper steps to safeguard an object from loss or damage upon repossession and makes reasonable efforts to obtain the best price on sale of an object”. Department of Infrastructure and Transport, Submission 5.2, p. 2.

[21] NIA, para 19.

[22] NIA, para 20.

[23] NIA, para 20.

[24] NIA, para 21.

[25] ‘It is important to note that the secured creditors only have rights over the uniquely identifiable asset registered on the International Registry.’ Department of Infrastructure and Transport, Submission 5.2, pp. 2-3.

[26] NIA, para 22.

[27] NIA, paras 23-24.

[28] NIA, para 25.

[29] NIA, para 27.

[30] NIA, para 28.