{"id":"C1920A00050","name":"Air Navigation Act 1920","slug":"air-navigation-act-1920","collection":"act","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"50 of 1920","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":394,"registerId":"C2024C00427","compilationNumber":"45","startDate":"2024-10-14","status":"InForce","reasons":[{"affect":"Amend","markdown":"sch 14 (item 6) of the [Administrative Review Tribunal (Consequential and Transitional Provisions No. 1) Act 2024](/C2024A00038)","dateChanged":null,"amendedByTitle":null,"affectedByTitle":{"name":"Administrative Review Tribunal (Consequential and Transitional Provisions No. 1) Act 2024","year":2024,"number":38,"titleId":"C2024A00038","provisions":"sch 14 (item 6)","seriesType":"Act","optionalSeriesNumber":null}}],"registeredAt":"2024-10-14T10:37:24.365Z"},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"## Part 1—Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"#### 1 Short title\n\n This Act may be cited as the Air Navigation Act 1920.","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Extension to Territories","content":"#### 2 Extension to Territories\n\n This Act extends to every Territory.","sortOrder":2},{"sectionNumber":"2A","sectionType":"section","heading":"Act binds the Crown","content":"#### 2A Act binds the Crown\n\n This Act binds the Crown in right of the Commonwealth, of each of the States, of the Australian Capital Territory and of the Northern Territory.","sortOrder":3},{"sectionNumber":"2B","sectionType":"section","heading":"Act not to apply to state aircraft","content":"#### 2B Act not to apply to state aircraft\n\n Except where the contrary intention appears, this Act does not apply to, or in relation to, a state aircraft.","sortOrder":4},{"sectionNumber":"3","sectionType":"section","heading":"Interpretation","content":"#### 3 Interpretation\n\n (1) In this Act, unless the contrary intention appears:\n\n> aircraft means any machine or craft that can derive support in the atmosphere from the reactions of the air.\n\n> Australian aircraft means Australian aircraft within the meaning of the Civil Aviation Act 1988.\n\n> Australian territory means:\n\n (a) the territory of Australia and of every external Territory;\n (b) the territorial sea of Australia and of every external Territory; and\n (c) the air space over any such territory or sea.\n\n> carriage means carriage anywhere on board an aircraft.\n\n> Contracting State means a country, other than Australia, that is a party to the Chicago Convention.\n\n> crew, in relation to an aircraft, includes every person having duties or functions on board the aircraft during the flight of the aircraft in connexion with the flying or safety of the aircraft.\n\n> international airline means an air transport enterprise offering or operating an international air service.\n\n> international airport means an international airport designated under subsection 9(1).\n\n> non‑scheduled flight, in relation to an aircraft, means a flight by the aircraft into or from Australian territory where the flight is not made under the authority of an international airline licence granted by the Secretary under the regulations.\n\n> pilot in command, in relation to an aircraft, means the pilot responsible for the operation and safety of the aircraft during the flight of the aircraft.\n\n> state aircraft means:\n\n (a) aircraft of any part of the Defence Force (including any aircraft that is commanded by a member of that Force in the course of his or her duties as such a member); and\n (b) aircraft used in the military, customs or police services of a country other than Australia.\n\n> the Air Transit Agreement means the International Air Services Transit Agreement concluded at Chicago on 7 December 1944.\n\n> the Chicago Convention means the Convention on International Civil Aviation concluded at Chicago on 7 December 1944.\n\n> the International Air Transport Association means the association incorporated under that name by Act 9‑10 George VI., Chapter 51, of the Parliament of Canada.\n\n> the International Civil Aviation Organization means the organization, so named, formed under Article 43 of the Chicago Convention.\n\n> the Secretary means the Secretary of the Department.\n\n (2) Any reference in this Act to a contravention of, or failure to comply with, a provision of this Act includes a reference to a contravention of, or failure to comply with, an instruction, direction, condition or requirement issued, given, made or imposed in pursuance of this Act.","sortOrder":5},{"sectionNumber":"3AG","sectionType":"section","heading":"Application of the Criminal Code","content":"#### 3AG Application of the Criminal Code\n\n Chapter 2 (other than Part 2.5) of the Criminal Code applies to all offences created by this Act.\n\n> Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.","sortOrder":6},{"sectionNumber":"Part 2","sectionType":"part","heading":"Regulation of Air Navigation","content":"## Part 2—Regulation of Air Navigation","sortOrder":7},{"sectionNumber":"3A","sectionType":"section","heading":"Approval of ratification of Chicago Convention etc.","content":"#### 3A Approval of ratification of Chicago Convention etc.\n\n (1) The ratification on behalf of Australia of the Chicago Convention is approved.\n (2) Approval is given to the ratification on behalf of Australia of:\n (a) the Air Transit Agreement; and\n (b) the Protocol amending Article 45 of the Chicago Convention, approved by the Assembly of the International Civil Aviation Organization on 14 June 1954; and\n (c) the Protocol amending Articles 48(a), 49(e) and 61 of the Chicago Convention, approved by the Assembly of the International Civil Aviation Organization on 14 June 1954; and\n (d) the Protocol amending Article 50(a) of the Chicago Convention, approved by the Assembly of the International Civil Aviation Organization on 21 June 1961; and\n (e) the Protocol amending Article 48(a) of the Chicago Convention, approved by the Assembly of the International Civil Aviation Organization on 14 September 1962; and\n (f) the Protocol amending Article 50(a) of the Chicago Convention, approved by the Assembly of the International Civil Aviation Organization on 12 March 1971; and\n (g) the Protocol amending Article 56 of the Chicago Convention, approved by the Assembly of the International Civil Aviation Organization on 7 July 1971; and\n (h) the Protocol amending Article 50(a) of the Chicago Convention, approved by the Assembly of the International Civil Aviation Organization on 14 October 1974; and\n (i) the Protocol inserting in the Convention Article 83 bis, approved by the Assembly of the International Civil Aviation Organization on 6 October 1980; and\n (j) the Protocol inserting in the Convention Article 3 bis, approved by the Assembly of the International Civil Aviation Organization on 10 May 1984; and\n (k) the Protocol amending Article 56 of the Chicago Convention, approved by the Assembly of the International Civil Aviation Organization on 6 October 1989; and\n (l) the Protocol amending Article 50(a) of the Chicago Convention, approved by the Assembly of the International Civil Aviation Organization on 26 October 1990.","sortOrder":8},{"sectionNumber":"4","sectionType":"section","heading":"Texts of Chicago Convention etc.","content":"#### 4 Texts of Chicago Convention etc.\n\n For the purposes of this Act, the texts of the Chicago Convention, the Air Transit Agreement and the Protocols referred to in section 3A shall be deemed to be the English texts set out respectively in Schedules 1, 2, 3, 4, 5, 6, 7, 8, 9, 9A, 10, 11 and 12.","sortOrder":9},{"sectionNumber":"5","sectionType":"section","heading":"Contracting States","content":"#### 5 Contracting States\n\n The Minister may, by notice published in the Gazette, declare which countries are from time to time parties to the Chicago Convention, the Air Transit Agreement or any of the Protocols referred to in section 3A, and such a notice is prima facie evidence of the matter so declared.","sortOrder":10},{"sectionNumber":"9","sectionType":"section","heading":"International airports","content":"#### 9 International airports\n\n (1) The Minister may, by signed writing, designate as an international airport an aerodrome at which facilities are available for the formalities incident to customs, immigration, quarantine and other requirements in connexion with arrival in or departure from Australian territory of aircraft.\n (2) The Secretary shall cause to be published in Aeronautical Information Publications particulars of the aerodromes designated as international airports under subsection (1).","sortOrder":11},{"sectionNumber":"10","sectionType":"section","heading":"International aircraft to land at and take off from designated airports","content":"#### 10 International aircraft to land at and take off from designated airports\n\n (1) Subject to such exceptions as are prescribed:\n (a) an aircraft arriving in Australian territory from a place outside Australian territory shall land at an aerodrome designated as an international airport under section 9; and\n (b) an aircraft departing from Australian territory for a place outside Australian territory shall take‑off from an aerodrome so designated.\n (2) If an aircraft is flown in contravention of subsection (1), the operator of the aircraft and the pilot in command of the aircraft each commit an offence punishable on conviction by imprisonment for a period of not more than 2 years.\n\n> Note: Subsection 4B(2) of the Crimes Act 1914 allows a court to impose in respect of an offence an appropriate fine instead of, or in addition to, a term of imprisonment. If a body corporate is convicted of an offence, subsection 4B(3) of that Act allows a court to impose a fine of an amount that is not greater than 5 times the maximum fine that could be imposed by the court on an individual convicted of the same offence.\n\n (3) Subsection (2) does not apply if the operator or the pilot in command, as the case may be, has a reasonable excuse.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code).","sortOrder":12},{"sectionNumber":"11","sectionType":"section","heading":"Freedoms of the air","content":"#### 11 Freedoms of the air\n\n Subject to section 12, a scheduled international air service operated by an international airline of a country other than Australia that is a party to the Air Transit Agreement has, in respect of Australian territory, the following freedoms of the air:\n (a) the privilege to fly across Australian territory without landing; and\n (b) the privilege to land in Australian territory for any purpose other than taking on or discharging passengers, cargo or mail.","sortOrder":13},{"sectionNumber":"11A","sectionType":"section","heading":"Foreign shareholdings in Australian international airlines","content":"#### 11A Foreign shareholdings in Australian international airlines\n\n (1) The Minister may, by written notice, require an Australian international airline:\n (a) to give to the Minister such information as is specified in the notice concerning the extent (if any) to which foreign persons have relevant interests in shares in the Australian international airline; or\n (b) if foreign persons have relevant interests in shares in the Australian international airline that represent, in total, more than 49% of the total value of the issued share capital of the Australian international airline—to take all necessary action to ensure that its constitution complies with subsection (2).\n (2) The constitution of an Australian international airline complies with this subsection if it:\n (a) imposes restrictions on the issue and ownership (including joint ownership) of shares in the Australian international airline so as to prevent foreign persons having relevant interests in shares in the Australian international airline that represent, in total, more than 49% of the total value of the issued share capital of the Australian international airline; and\n (c) confers the following powers on the directors of the Australian international airline to enable the directors to enforce the restrictions referred to in paragraph (a):\n (i) the power to do anything necessary to effect the transfer of shares held by a person;\n (ii) the power to remove or limit the right of a person to exercise voting rights attached to voting shares;\n (iii) the power to end the appointment of a person to the office of director of the Australian international airline.\n (3) For the purposes of this section, a person has a relevant interest in a share if, and only if, the person would be taken to have a relevant interest in the share for the purposes of the Corporations Act 2001 if paragraph 608(3)(a) of that Act were disregarded.\n (4) In this section:\n\n> another country includes any region:\n\n (a) that is part of a foreign country; or\n (b) that is under the protection of a foreign country; or\n (c) for whose international relations a foreign country is responsible.\n\n> Australian international airline means an international airline (other than Qantas) that may be permitted to carry passengers or freight, or both passengers and freight, under a bilateral arrangement as an airline designated by Australia to operate a scheduled international air service.\n\n> Australian person means:\n\n (a) an individual who is an Australian citizen or is ordinarily resident in Australia; or\n (b) the Commonwealth, a State or a Territory; or\n (c) a person who is a nominee of the Commonwealth or of a State or a Territory; or\n (d) a Commonwealth, State or Territory authority; or\n (e) a person who is a nominee of a Commonwealth, State or Territory authority; or\n (f) a local government body (whether incorporated or not) formed by or under a law of a State or a Territory; or\n (g) a person who is a nominee of a local government body referred to in paragraph (f); or\n (h) a body corporate that:\n (i) is incorporated by or under a law of the Commonwealth or of a State or a Territory; and\n (ii) is substantially owned and effectively controlled by persons referred to in paragraph (a), (b), (c), (d), (e), (f), (g) or (i); or\n (i) a person in the capacity of a trustee, or manager, of a fund in which the total interests (if any) of persons referred to in paragraph (a), (b), (c), (d), (e), (f), (g) or (h) represent 60% or more of the total interests in the fund.\n\n> bilateral arrangement means an agreement or arrangement between:\n\n (a) Australia, or an entity or organisation nominated or otherwise similarly authorised by Australia to enter into the agreement or arrangement; and\n (b) another country;\n under which the carriage by air of passengers or freight\n (or both) is permitted.\n\n> foreign airline means an air transport enterprise other than:\n\n (a) an Australian international airline; or\n (b) Qantas; or\n (c) an air transport enterprise offering or operating an air service solely within Australian territory.\n\n> foreign person means:\n\n (a) a foreign airline; or\n (b) a person (other than a foreign airline) who is not an Australian person.\n\n> Qantas means Qantas Airways Limited, as the company exists from time to time (even if its name is later changed).\n\n> share, in relation to a body corporate, means a share in the body’s share capital.\n\n> voting share has the same meaning as in the Corporations Act 2001.","sortOrder":14},{"sectionNumber":"11B","sectionType":"section","heading":"Injunctions relating to section 11A","content":"#### 11B Injunctions relating to section 11A\n\n (1) If an Australian international airline or any other person has engaged, is engaging or is proposing to engage in conduct that constitutes or would constitute:\n (a) a contravention of the mandatory provisions of its constitution or a requirement under subsection 11A(1); or\n (b) attempting to contravene the mandatory provisions of its constitution or a requirement under subsection 11A(1); or\n (c) aiding, abetting, counselling or procuring a person to contravene the mandatory provisions of its constitution or a requirement under subsection 11A(1); or\n (d) inducing or attempting to induce, whether by threats, promises or otherwise, a person to contravene the mandatory provisions of its constitution or a requirement under subsection 11A(1); or\n (e) being in any way, directly or indirectly, knowingly concerned in, or party to, the contravention by a person of the mandatory provisions of its constitution or a requirement under subsection 11A(1); or\n (f) conspiring with others to contravene the mandatory provisions of its constitution or a requirement under subsection 11A(1);\n the Federal Court may, on the application of the Minister, grant an injunction restraining the airline or the person from engaging in the conduct. If in the court’s opinion it is desirable to do so, the injunction may also require the airline or person to do any act or thing.\n (2) If an Australian international airline or any other person has refused or failed, is refusing or failing, or is proposing to refuse or fail, to do an act or thing that the airline or person is required by the mandatory provisions of its constitution or under subsection 11A(1) to do, the Federal Court may, on the application of the Minister, grant an injunction requiring the airline or person to do that act or thing.\n (3) An injunction under this section is to be granted on such terms as the Federal Court thinks appropriate.\n (4) On an application under subsection (1) or (2), the Federal Court may, if the court determines it to be appropriate, grant an injunction by the consent of all the parties to the proceeding, whether or not the court is satisfied that that subsection applies.\n (5) If in the Federal Court’s opinion it is desirable to do so, the court may grant an interim injunction pending determination of an application under subsection (1).\n (6) The Federal Court may discharge or vary an injunction granted under this section.\n (7) The Federal Court’s power to grant an injunction restraining an Australian international airline or any other person from engaging in conduct may be exercised:\n (a) whether or not it appears to the court that the airline or person intends to engage again, or to continue to engage, in conduct of that kind; and\n (b) whether or not the airline or person has previously engaged in conduct of that kind; and\n (c) whether or not there is imminent danger of substantial damage to any person if the airline or the first‑mentioned person engages in conduct of that kind.\n (8) The Federal Court’s power to grant an injunction requiring an Australian international airline or any other person to do an act or thing may be exercised:\n (a) whether or not it appears to the court that the airline or person intends to refuse or fail again, or to continue to refuse or fail, to do that act or thing; and\n (b) whether or not the airline or person has previously refused or failed to do that act or thing; and\n (c) whether or not there is imminent danger of substantial damage to any person if the airline or the first‑mentioned person refuses or fails to do that act or thing.\n (9) If the Minister applies to the Federal Court for an injunction under this section, the court must not require the Minister, as a condition of granting an interim injunction, to give an undertaking as to damages.\n (10) If the Federal Court has power under this section to grant an injunction:\n (a) restraining an Australian international airline or a person from engaging in particular conduct; or\n (b) requiring an Australian international airline or a person to do a particular act or thing;\n the court may, either in addition to or in substitution for the grant of the injunction, make such other order or orders as it thinks appropriate against the airline, or the person who engaged in the conduct or a person who was involved in the contravention.\n (11) In this section:\n\n> Australian international airline has the same meaning as in section 11A.\n\n> Federal Court means the Federal Court of Australia.\n\n> mandatory provisions, in relation to the constitution of an Australian international airline, means those provisions of the constitution that would be required in order for the airline’s constitution to comply with subsection 11A(2).","sortOrder":15},{"sectionNumber":"12","sectionType":"section","heading":"Requirement to hold international airline licence","content":"#### 12 Requirement to hold international airline licence\n\n (1) Subject to subsections (2) and (3), an international airline must not operate a scheduled international air service over, into or out of Australian territory except in accordance with an international airline licence granted by the Secretary in accordance with the regulations.\n (1A) If an international airline contravenes subsection (1), the airline commits an offence punishable on conviction by imprisonment for a period of not more than 7 years.\n\n> Note: Subsection 4B(2) of the Crimes Act 1914 allows a court to impose in respect of an offence an appropriate fine instead of, or in addition to, a term of imprisonment. If a body corporate is convicted of an offence, subsection 4B(3) of that Act allows a court to impose a fine of an amount that is not greater than 5 times the maximum fine that could be imposed by the court on an individual convicted of the same offence.\n\n (1AA) Subsection (1A) does not apply if the international airline has a reasonable excuse.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (1AA) (see subsection 13.3(3) of the Criminal Code).\n\n (2) Subsection (1) does not apply to a scheduled international air service if it is operated in accordance with a permission under section 15D.\n (3) The Secretary may, by legislative instrument, determine that subsection (1) does not apply in relation to a category of scheduled international air services. The determination has effect accordingly.\n (4) For the purposes of this section:\n (a) an international airline may operate a scheduled international air service even if it does not operate the aircraft used to operate the service; and\n (b) an international airline does not operate a scheduled international air service merely because it operates the aircraft used to operate the service.","sortOrder":16},{"sectionNumber":"13","sectionType":"section","heading":"Licensing of scheduled international air services","content":"#### 13 Licensing of scheduled international air services\n\n (1) Without limiting section 26, the regulations may provide for or in relation to the licensing of scheduled international air services operated over, into or out of Australian territory.\n (2) In particular, the regulations may provide for or in relation to the following:\n (a) the granting of international airline licences by the Secretary;\n (b) the imposition of conditions on international airline licences by the Secretary;\n (c) the variation, suspension and cancellation of international airline licences by the Secretary;\n (d) the surrender to the Secretary of international airline licences.\n (3) An international airline licence must not be granted to an international airline of a country other than Australia unless that country and Australia are parties to:\n (a) the Air Transit Agreement; or\n (b) some other agreement or arrangement, whether bilateral or multilateral, under which scheduled international air services of that other country may, subject to the agreement or arrangement, be operated over or into Australian territory.\n (4) Subsection (3) does not limit subsection 12(3).","sortOrder":17},{"sectionNumber":"14","sectionType":"section","heading":"Non‑scheduled flights by aircraft possessing nationality of a Contracting State","content":"#### 14 Non‑scheduled flights by aircraft possessing nationality of a Contracting State\n\n An aircraft that possesses the nationality of a Contracting State may, subject to observance of the terms of the Chicago Convention and the provisions of this Act, the regulations, the Civil Aviation Act 1988 and the regulations made under that Act, fly in transit non‑stop across Australian territory, or land in Australian territory for non‑traffic purposes, in the course of a non‑scheduled flight without the necessity of obtaining prior permission.","sortOrder":18},{"sectionNumber":"15","sectionType":"section","heading":"Definitions","content":"#### 15 Definitions\n\n In sections 15A to 15F:\n\n> charterer, in relation to a proposed non‑scheduled flight of an aircraft, or a proposed program of non‑scheduled flights of one or more aircraft, means the person who makes the arrangements for the carriage of passengers, cargo or mail on the aircraft or any of the aircraft.\n\n> charter operator, in relation to a proposed non‑scheduled flight of an aircraft, or a proposed program of non‑scheduled flights of one or more aircraft, means:\n\n (a) the owner of the aircraft or each of the aircraft; or\n (b) the operator of the aircraft or each of the aircraft.\n\n> permission means a permission under section 15D.\n\n> suspend, in relation to a permission, means suspend the operation of the permission, either for a stated period or without limitation as to time.\n\n> vary, in relation to a permission, includes alter or remove a condition to which the permission is subject or make the permission subject to a new condition.","sortOrder":19},{"sectionNumber":"15A","sectionType":"section","heading":"Aircraft on non‑scheduled flights not to take on or discharge passengers, cargo or mail without permission","content":"#### 15A Aircraft on non‑scheduled flights not to take on or discharge passengers, cargo or mail without permission\n\n (1) The operator of an aircraft and the pilot in command of the aircraft commit an offence if:\n (a) any person engages in conduct; and\n (b) the person’s conduct results in the aircraft taking on passengers, cargo or mail for carriage for reward in Australian territory before beginning a non‑scheduled flight or at an intermediate stopping place in the course of such a flight.\n\nPenalty: Imprisonment for 6 months.\n\n (1A) Subsection (1) does not apply if a permission for the carriage of the passengers, cargo or mail is in force and the carriage is in accordance with the permission.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (1A) (see subsection 13.3(3) of the Criminal Code).\n\n (2) The operator of an aircraft and the pilot in command of the aircraft commit an offence if:\n (a) any person engages in conduct; and\n (b) the person’s conduct results in the aircraft discharging passengers, cargo or mail carried for reward in Australian territory at an intermediate stopping place in the course of a non‑scheduled flight or at the end of such a flight.\n\nPenalty: Imprisonment for 6 months.\n\n (2A) Subsection (2) does not apply if a permission for the carriage of the passengers, cargo or mail was in force and the carriage was in accordance with the permission.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (2A) (see subsection 13.3(3) of the Criminal Code).\n\n (2B) Subsections (1) and (2) do not apply if the operator or the pilot, as the case may be, has a reasonable excuse.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (2B) (see subsection 13.3(3) of the Criminal Code).\n\n (2C) Strict liability applies to paragraphs (1)(b) and (2)(b).\n\n> Note: For strict liability, see section 6.1 of the Criminal Code.\n\n (3) The Secretary may determine that a permission is not required in relation to a category of commercial non‑scheduled flights.\n (4) In deciding whether to make a determination under subsection (3), the Secretary is to have regard to the following matters (except to the extent, if any, to which the matters concerned relate to the safety of air navigation):\n (a) the public interest, including but not limited to:\n (i) the need of people to travel on, or to send cargo and mail by, aircraft; and\n (ii) the promotion of trade and tourism to and from Australia; and\n (iii) if the application relates to a program of flights to or from Australia—whether there is to be a wide range of places in Australia that will be served under the program; and\n (iv) if foreign interests hold substantial ownership and effective control of a charterer or a charter operator—employment and investment in, and general development of, the Australian Aviation industry; and\n (v) aviation security; and\n (vi) Australia’s international relations;\n (b) the availability of capacity (within the meaning of the International Air Services Commission Act 1992) on scheduled international air services, and any relevant determination made by the International Air Services Commission in respect of the allocation of capacity on those services;\n (c) any relevant advice on matters referred to in paragraph (a) that is provided to the Minister by that Commission under paragraph 6(2)(c) of that Act; and\n (d) any other matter that the Secretary thinks relevant.\n (5) A permission is not required for the taking on or discharging of passengers, cargo or mail in relation to a flight of an aircraft if the flight is included in a category of flights in relation to which a determination under subsection (3) is in force.\n (7) If:\n (a) any passengers are, or any cargo or mail is:\n (i) taken on to an aircraft in Australian territory before beginning a non‑scheduled flight or at an intermediate stopping place in the course of such a flight; or\n (ii) discharged from an aircraft in Australian territory at an intermediate stopping place in the course of a non‑scheduled flight or at the end of such a flight; and\n (b) a permission was not required for the taking on or discharging of the passengers, cargo or mail because of the operation of subsection (5);\n the operator of the aircraft must, within 14 days after the end of the flight, give a written notice to the Secretary setting out the prescribed particulars in relation to the flight and the passengers, cargo or mail.\n\nPenalty: 30 penalty units.\n\n> Note: If a body corporate is convicted of an offence, subsection 4B(3) of the Crimes Act 1914 allows a court to impose a fine that is not greater than 5 times the maximum fine that could be imposed by the court on an individual convicted of the same offence.\n\n (8) A determination under subsection (3) is a legislative instrument.\n (9) In this section:\n\n> engage in conduct means:\n\n (a) do an act; or\n (b) omit to perform an act.","sortOrder":20},{"sectionNumber":"15B","sectionType":"section","heading":"Applications for permission to operate non‑scheduled flights","content":"#### 15B Applications for permission to operate non‑scheduled flights\n\n (1) A charter operator may apply to the Secretary for permission for passengers, cargo or mail to be carried on one or more aircraft on a non‑scheduled flight or on a program of non‑scheduled flights.\n (2) The application must:\n (a) be in writing; and\n (b) if the Secretary directs, be in a form approved by the Secretary; and\n (c) contain the information referred to in section 15C; and\n (d) be lodged with the Secretary:\n (i) not less than 21 days before the day on which the flight, or the first of the flights, is to begin; or\n (ii) within any lesser period allowed by the Secretary.","sortOrder":21},{"sectionNumber":"15C","sectionType":"section","heading":"Information to be contained in application","content":"#### 15C Information to be contained in application\n\n (1) The information to be contained in an application includes the following:\n (a) the name and address of the charterer of the aircraft, and the nationality of the interests holding substantial ownership and effective control of the charterer;\n (b) the name and address of the charter operator, and the nationality of the interests holding substantial ownership and effective control of the charter operator;\n (c) in respect of the aircraft, or each aircraft, that is to engage in the flight or any of the flights—the type of aircraft, its capacity and whether it is leased or owned by its operator;\n (d) whether the aircraft, or each aircraft, that is to engage in the flight or any of the flights is to carry passengers, cargo or mail;\n (e) if the aircraft or any of the aircraft are to carry cargo—the type of cargo;\n (f) if the application relates to a program of flights:\n (i) the duration of the program and the frequency of the proposed flights; and\n (ii) if the aircraft are to carry passengers—whether the program is of a seasonal nature, consists of flights related to special events or is to find out whether there would be a market for scheduled international air services;\n (g) the following particulars of the flight or flights:\n (i) the place or places where the flight or flights are to begin;\n (ii) the place or places where the flight or flights are to end;\n (iii) any intermediate stopping places, including which of those stopping places are places at which passengers, cargo or mail may be taken on or discharged;\n (iv) the proposed dates of departure from, and arrival at, the places mentioned in the preceding subparagraphs;\n (h) the proposed tariff structure for the flight or flights.\n (2) If the aircraft or any of the aircraft are to carry passengers, the application must, if the Secretary so requests, contain evidence, satisfactory to the Secretary, that holders of tickets for the flight or any of the flights will be indemnified for any financial loss that may be caused by the failure of the charter operator:\n (a) to fulfil its obligations; or\n (b) if the application relates to a program of flights—to complete the program.\n (3) If further information is necessary to enable the Secretary to determine an application:\n (a) the Secretary may, by written notice to the applicant, require the applicant to provide the information; and\n (b) the Secretary is not bound to consider the application further, or to determine it, until he or she receives the information.","sortOrder":22},{"sectionNumber":"15D","sectionType":"section","heading":"Determination of application for permission","content":"#### 15D Determination of application for permission\n\n (1) The Secretary may grant or refuse permission for passengers, cargo or mail to be carried on the flight or flights to which the application relates and must, as soon as practicable, give written notice of his or her decision to the applicant.\n (2) If the Secretary grants permission, the permission:\n (a) is to be in writing; and\n (b) has effect for the period stated in the permission; and\n (c) may be subject to any conditions stated in the permission that the Secretary thinks appropriate.\n (3) In determining an application or deciding whether a permission is to be subject to conditions, the Secretary is to have regard to the following matters (except to the extent, if any, to which the matters concerned relate to the safety of air navigation):\n (a) the public interest, including but not limited to:\n (i) the need of people to travel on, or to send cargo and mail by, aircraft; and\n (ii) the promotion of trade and tourism to and from Australia; and\n (iii) if the application relates to a program of flights to or from Australia—whether there is to be a wide range of places in Australia that will be served under the program; and\n (iv) if foreign interests hold substantial ownership and effective control of the charterer or the charter operator—employment and investment in, and general development of, the Australian Aviation industry; and\n (v) aviation security; and\n (vi) Australia’s international relations;\n (b) the availability of capacity (within the meaning of the International Air Services Commission Act 1992) on scheduled international air services, and any relevant determination made by the International Air Services Commission in respect of the allocation of capacity on those services;\n (c) any relevant advice on matters referred to in paragraph (a) that is provided to the Minister by that Commission under paragraph 6(2)(c) of that Act;\n (d) any other matter that the Secretary thinks relevant.","sortOrder":23},{"sectionNumber":"15E","sectionType":"section","heading":"Variation of permission on application by charter operator","content":"#### 15E Variation of permission on application by charter operator\n\n (1) If the Secretary has granted a permission, a charter operator in relation to the flight or flights covered by the permission may apply to the Secretary for variation of the permission.\n (2) The application must:\n (a) be in writing; and\n (b) if the Secretary directs, be in a form approved by the Secretary.\n (3) If further information is necessary to enable the Secretary to determine an application:\n (a) the Secretary may, by written notice to the applicant, require the applicant to provide the information; and\n (b) the Secretary is not bound to consider the application further, or to determine it, until he or she receives the information.\n (4) The Secretary may grant or refuse the application and must, as soon as practicable, give written notice of his or her decision to the applicant.\n (5) In determining the application, the Secretary is to have regard to the matters referred to in subsection 15D(3).","sortOrder":24},{"sectionNumber":"15F","sectionType":"section","heading":"Variation, suspension or cancellation of permission on Secretary’s initiative","content":"#### 15F Variation, suspension or cancellation of permission on Secretary’s initiative\n\n (1) The Secretary may vary, suspend or cancel a permission if:\n (a) a condition to which the permission is subject has not been complied with by a charter operator; or\n (b) there has been substantial change in any of the matters to which the Secretary had regard in granting the permission; or\n (c) the Secretary is satisfied that it is in the public interest (including any of the matters referred to in paragraph 15D(3)(a)) to do so.\n (2) If the Secretary varies, suspends or cancels a permission, the Secretary must, as soon as practicable, give written notice of the variation, suspension or cancellation to the person who applied for the permission.","sortOrder":25},{"sectionNumber":"16","sectionType":"section","heading":"Aircraft on international flights to comply with laws","content":"#### 16 Aircraft on international flights to comply with laws\n\n (1) It is a condition of any licence, permission or approval granted under this Act or the regulations that, if, under the licence, permission or approval, an aircraft:\n (a) arrives in Australian territory from a place outside Australian territory; or\n (b) departs from Australian territory for a place outside Australian territory;\n the owner, the operator, the hirer, the pilot in command and any other pilot of the aircraft must comply with the provisions of all applicable laws of the Commonwealth or of a State or Territory.\n (2) The reference in subsection (1) to applicable laws includes, in particular, laws relating to:\n (a) the entry or clearance of passengers; and\n (b) crew or cargo; and\n (c) immigration; and\n (d) passports; and\n (e) customs; and\n (f) quarantine.","sortOrder":26},{"sectionNumber":"17","sectionType":"section","heading":"Aircraft on international flights to have permission","content":"#### 17 Aircraft on international flights to have permission\n\n (1) The operator of an aircraft and the pilot in command of the aircraft commit an offence if:\n (a) any person engages in conduct; and\n (b) the person’s conduct results in the aircraft arriving in Australian territory from a place outside Australian territory or departing from Australian territory for a place outside Australian territory.\n\nPenalty: Imprisonment for 6 months.\n\n (1A) Subsection (1) is subject to this section and section 14.\n (1AA) Subsection (1) does not apply if the arrival or departure concerned is:\n (a) with the permission of the Secretary; or\n (b) in accordance with an international airline licence or a permission under section 15D; or\n (c) authorised by a determination by the Secretary under subsection (1B).\n\n> Note: A defendant bears an evidential burden in relation to the matters in subsection (1AA) (see subsection 13.3(3) of the Criminal Code).\n\n (1AB) Subsection (1) does not apply if the operator or the pilot, as the case may be, has a reasonable excuse.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (1AB) (see subsection 13.3(3) of the Criminal Code).\n\n (1AC) Strict liability applies to paragraph (1)(b).\n\n> Note: For strict liability, see section 6.1 of the Criminal Code.\n\n (1B) The Secretary may, by instrument in writing, determine that permission is not required under this section in relation to a category of commercial non‑scheduled flights.\n (1C) Permission under this section is not required for a flight of an aircraft if the flight is included in a category of flights in relation to which such a determination is in force.\n (2) In exercising a discretion under this section, the Secretary shall have regard only to matters that do not relate to the safety of air navigation.\n (3) In this section:\n\n> engage in conduct means:\n\n (a) do an act; or\n (b) omit to perform an act.","sortOrder":27},{"sectionNumber":"18","sectionType":"section","heading":"Publication of determinations","content":"#### 18 Publication of determinations\n\n The Secretary must cause any determinations made under subsection 12(3), 15A(3) or 17(1B) to be included in the Aeronautical Information Publications published under regulations made under the Air Services Act 1995.","sortOrder":28},{"sectionNumber":"19","sectionType":"section","heading":"Carriage of munitions","content":"#### 19 Carriage of munitions\n\n (1) If:\n (a) a person does an act; and\n (b) the act is not done in circumstances prescribed by regulations that state they are made for the purposes of this paragraph; and\n (c) the act results in munitions of war or implements of war being carried by or in:\n (i) an aircraft in Australian territory; or\n (ii) an Australian aircraft outside Australian territory;\n the person commits an offence punishable, on conviction, by imprisonment for a term not exceeding 7 years.\n (2) Subsection (1) does not apply if the munitions of war or implements of war are carried in accordance with written permission (including any conditions) given by the Minister.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (2) (see subsection 13.3(3) of the Criminal Code).","sortOrder":29},{"sectionNumber":"Part 4","sectionType":"part","heading":"Miscellaneous","content":"## Part 4—Miscellaneous","sortOrder":30},{"sectionNumber":"23A","sectionType":"section","heading":"Review of decisions by Administrative Review Tribunal","content":"#### 23A Review of decisions by Administrative Review Tribunal\n\n (1) Application may be made to the Administrative Review Tribunal for a review of a decision by the Secretary:\n (aa) to do any of the following under the regulations:\n (i) refuse to grant an international airline licence;\n (ii) impose a condition on an international airline licence;\n (iii) vary, refuse to vary, suspend or cancel an international airline licence; or\n (a) to refuse a permission under subsection 15D(1); or\n (b) to grant a permission subject to a condition under paragraph 15D(2)(c); or\n (c) to refuse an application under subsection 15E(4); or\n (d) to vary, suspend or cancel a permission under subsection 15F(1); or\n (e) to refuse a permission under subsection 17(1).\n (2) Notice of a decision by the Secretary to which subsection (1) applies must include a statement to the effect that:\n (a) subject to the Administrative Review Tribunal Act 2024, a person affected by the decision may make an application to the Administrative Review Tribunal for review of the decision; and\n (b) a person whose interests are affected by the decision may request a statement of reasons (within the meaning of that Act).\n (3) A failure to comply with subsection (2) does not affect the validity of the decision.","sortOrder":31},{"sectionNumber":"23","sectionType":"section","heading":"Defences in proceedings with respect to offences","content":"#### 23 Defences in proceedings with respect to offences\n\n (1) In any proceedings with respect to an offence against this Act or the regulations, it is a defence if the act or omission charged is proved to have been due to stress of weather or other unavoidable cause.","sortOrder":32},{"sectionNumber":"24","sectionType":"section","heading":"Crown not liable to prosecution","content":"#### 24 Crown not liable to prosecution\n\n This Act does not make the Crown in right of the Commonwealth, of each of the States, of the Australian Capital Territory and of the Northern Territory liable to be prosecuted for an offence, but this section does not affect any liability of a member of the crew of an aircraft of which the Crown is the owner or of any other person in the employment of the Crown to be so prosecuted.","sortOrder":33},{"sectionNumber":"24A","sectionType":"section","heading":"Conduct by directors, employees and agents","content":"#### 24A Conduct by directors, employees and agents\n\n (1) If, in proceedings for an offence against this Act, it is necessary to establish the state of mind of a body corporate in relation to particular conduct, it is sufficient to show:\n (a) that the conduct was engaged in by a director, employee or agent of the body corporate within the scope of his or her actual or apparent authority; and\n (b) that the director, employee or agent had the state of mind.\n (2) Any conduct engaged in on behalf of a body corporate by a director, employee or agent of the body corporate within the scope of his or her actual or apparent authority is taken, for the purposes of a prosecution for an offence against this Act, to have been engaged in also by the body corporate unless the body corporate establishes that it took reasonable precautions and exercised due diligence to avoid the conduct.\n (3) If, in proceedings for an offence against this Act, it is necessary to establish the state of mind of an individual in relation to particular conduct, it is sufficient to show:\n (a) that the conduct was engaged in by an employee or agent of the individual within the scope of his or her actual or apparent authority; and\n (b) that the employee or agent had the state of mind.\n (4) Any conduct engaged in on behalf of an individual by an employee or agent of the individual within the scope of his or her actual or apparent authority is taken, for the purposes of a prosecution for an offence against this Act, to have been engaged in also by the individual unless the individual establishes that he or she took reasonable precautions and exercised due diligence to avoid the conduct.\n (5) If:\n (a) a person who is an individual is convicted of an offence; and\n (b) the person would not have been convicted of the offence if subsections (3) and (4) had not been enacted;\n the person is not liable to be punished by imprisonment for the offence.\n (6) A reference in subsection (1) or (3) to the state of mind of a person includes a reference to:\n (a) the knowledge, intention, opinion, belief or purpose of the person; and\n (b) the person’s reasons for the intention, opinion, belief or purpose.\n (7) A reference in this section to a director of a body corporate includes a reference to a constituent member of, or to a member of a board or other group of persons administering or managing the affairs of, a body corporate incorporated for a public purpose by a law of the Commonwealth, of a State or of a Territory.\n (8) A reference in this section to engaging in conduct includes a reference to failing or refusing to engage in conduct.\n (9) A reference in this section to an offence against this Act includes:\n (a) an offence created by section 6 of the Crimes Act 1914 that relates to this Act; and\n (b) an offence against section 11.1, 11.4 or 11.5 of the Criminal Code that relates to this Act.","sortOrder":34},{"sectionNumber":"26","sectionType":"section","heading":"Regulations","content":"#### 26 Regulations\n\n (1) The Governor‑General may make regulations, not inconsistent with this Act:\n (a) prescribing all matters which by this Act are required or permitted to be prescribed or which are necessary or convenient to be prescribed for carrying out or giving effect to this Act;\n (b) for the purpose of carrying out and giving effect to the Chicago Convention, as amended by the Protocols referred to in subsection 3A(2), any Annex to the Convention relating to international standards and recommended practices (being an Annex adopted in accordance with the Convention) and the Air Transit Agreement;\n (c) in relation to air navigation within a Territory or to or from a Territory;\n (d) in relation to air navigation, being regulations with respect to trade and commerce with other countries and among the States; and\n (e) in relation to air navigation, being regulations with respect to any other matter with respect to which the Parliament has power to make laws.\n (1A) Regulations under subsection (1) may apply to, and in relation to, state aircraft.\n (2) Without limiting the generality of the preceding provisions of this section, the regulations that may be made under the powers conferred by those provisions include regulations for or in relation to:\n (c) the licensing of air transport operations;\n (ca) the charging and recovery of fees and other charges in respect of matters specified in the regulations, being matters in relation to which expenses are incurred by the Commonwealth under this Act or under the regulations, but not being fees or charges the amounts or rates of which exceed amounts or rates that are reasonably related to the expenses incurred by the Commonwealth in relation to the matters in respect of which the fees or charges are payable or that otherwise amount to taxation;\n (d) controlling the provision for reward of air transport within a Territory or to or from a Territory;\n (e) the establishment, maintenance, operation and use of aerodromes;\n (i) the formal proof and authentication of instruments made or issued under this Act or the regulations; and\n (k) the imposition of penalties not exceeding a fine of 50 penalty units for a contravention of, or failure to comply with, a provision of the regulations or a direction, instruction or condition issued, given, made or imposed under, or in force by virtue of, the regulations; and\n (l) enabling a person who is alleged to have contravened a specified provision of the regulations to pay to the Commonwealth, as an alternative to prosecution, a specified penalty, not exceeding an amount equal to one‑fifth of the maximum penalty prescribed for contravening that provision.\n (4) The preceding provisions of this section (including provisions that do not contain references to the States or to a Territory) have effect as if the Northern Territory were a State.\n (5) A law of the Northern Territory does not have effect to the extent to which it is inconsistent with a provision of the regulations having effect in that Territory.","sortOrder":35},{"sectionNumber":"27","sectionType":"section","heading":"Extra‑territorial operation of regulations","content":"#### 27 Extra‑territorial operation of regulations\n\n (1) Any provisions of the regulations may be expressed to apply to and in relation to any of the following:\n (a) Australian aircraft;\n (b) aircraft (other than Australian aircraft) engaged in Australian international carriage;\n (c) passengers on board, and members of the crew of, aircraft referred to in paragraph (a) or (b);\n while the aircraft are outside Australian territory.\n (2) In this section:\n\n> airline means a person engaged in the provision of air services.\n\n> Australian international carriage means the carriage of passengers or freight, or both passengers and freight, whether within or outside Australian territory, by an aircraft that:\n\n (a) is operated by an airline that is designated, nominated or otherwise similarly authorised by Australia under a bilateral arrangement to engage in such carriage; or\n (b) is operated by an airline incorporated in Australia; or\n (c) is operated by an airline having its principal place of business in Australia; or\n (d) is operated by an Australian operator and is subject to section 15A or 17; or\n (e) is operated jointly by:\n (i) an airline referred to in paragraph (a), (b) or (c); and\n (ii) another person;\n but is under the control of the airline referred to in subparagraph (i); or\n (f) is subject to section 15A or 17 and is operated jointly by:\n (i) an Australian operator; and\n (ii) another person;\n but is under the control of the Australian operator.\n\n> Australian operator means:\n\n (a) an individual who:\n (i) is an Australian citizen; or\n (ii) is ordinarily resident in Australia; or\n (b) a body corporate that:\n (i) is incorporated in Australia; or\n (ii) has its principal place of business in Australia.\n\n> bilateral arrangement means an agreement or arrangement between:\n\n (a) Australia, or an entity or organisation nominated or otherwise similarly authorised by Australia to enter into the agreement or arrangement; and\n (b) a foreign country;\n under which the carriage by air of passengers or freight, or both passengers and freight, between Australia and the foreign country is permitted.\n\n> foreign country includes any region:\n\n (a) that is part of a foreign country; or\n (b) that is under the protection of a foreign country; or\n (c) for whose international relations a foreign country is responsible.\n (3) For the purposes of this section:\n (c) an aircraft is taken to be subject to section 15A if the aircraft is, or apart from subsection 15A(5) would be, prohibited from taking on in Australian territory passengers, cargo or mail for carriage for reward, or discharging in Australian territory passengers, cargo or mail carried for reward, unless a permission for the carriage is or was in force under section 15D and the carriage is or was in accordance with the permission; and\n (d) an aircraft is taken to be subject to section 17 if the aircraft is, or apart from subsection 17(1C) would be, prohibited from arriving in Australian territory from a place outside Australian territory, or from departing from Australian territory for a place outside Australian territory, without the permission of the Secretary.","sortOrder":36},{"sectionNumber":"27A","sectionType":"section","heading":"Registration of security interests in relation to aircraft and components of aircraft","content":"#### 27A Registration of security interests in relation to aircraft and components of aircraft\n\n (1) This section applies to an aircraft:\n (a) that engages in trade or commerce:\n (i) between Australia and places outside Australia; or\n (ii) among the States; or\n (iii) within a Territory; or\n (iv) between a State and a Territory; or\n (v) between 2 Territories; or\n (b) that is owned by a body corporate that:\n (i) is a foreign corporation; or\n (ii) is incorporated in a Territory; or\n (iii) is a trading corporation formed within the limits of the Commonwealth (other than a trading corporation incorporated in a Territory); or\n (iv) is a financial corporation formed within the limits of the Commonwealth (other than a financial corporation incorporated in a Territory).\n (2) Without prejudice to the operation that subsection (1) has apart from this subsection, that subsection also has the effect that it would have if:\n (a) the reference to an aircraft that is owned by a body corporate that is a trading corporation formed within the limits of the Commonwealth were a reference only to such an aircraft that is used by the body corporate for the purposes of its trading activities; and\n (b) the reference to an aircraft that is owned by a body corporate that is a financial corporation formed within the limits of the Commonwealth were a reference only to such an aircraft that is used by the body corporate for the purposes of its financial activities.\n (3) In this section:\n\n> hire‑purchase agreement, in relation to an aircraft or a component of an aircraft, means an agreement for the bailment of the aircraft or component under which:\n\n (a) the bailee may buy the aircraft or component; or\n (b) the property in the aircraft or component will or may pass to the bailee.\n\n> instalment purchase agreement, in relation to an aircraft or a component of an aircraft, means an agreement for the purchase of the aircraft or component by instalments (whether the instalments are described as instalments of the purchase price, as rent, as hiring charges or otherwise) other than such an agreement:\n\n (a) under which the property in the aircraft or component passes to the purchaser when the agreement is made; or\n (b) in respect of which the purchaser is a person who is engaged in the business of selling aircraft or components of aircraft.\n\n> security interest, in relation to an aircraft or a component of an aircraft:\n\n (a) means:\n (i) a mortgage, charge or other encumbrance over the aircraft or component; or\n (ii) any other interest in, or any power over or in relation to, the aircraft or component (however the interest or power is created) for the purpose of securing repayment of a debt (including payment of interest on a debt) or the performance of any other obligation; and\n (iii) any other interest in the aircraft or component that is of a kind declared by the regulations to be a security interest; and\n (b) includes:\n (i) if the aircraft or component is the subject of a hire‑purchase agreement—the interest of the bailee under the agreement; and\n (ii) if the aircraft or component is the subject of an instalment purchase agreement—the interest of the purchaser under the agreement.\n (4) The regulations may make provision for or in relation to the following:\n (a) the establishment or keeping of a register containing particulars of security interests in relation to aircraft and components of aircraft;\n (b) the appointment of a person (the registrar) to keep the register;\n (c) requiring the owner of an aircraft or of a component of an aircraft to notify the registrar of particulars of any security interest, a change in any particulars entered in the register in relation to a security interest, or the termination of a security interest, in relation to the aircraft or component;\n (d) the period within which, and the manner and form in which, a notification is to be given, including any documents to be lodged with, and any information to be given to, the registrar in connection with a notification;\n (e) the manner in which any such document or information is to be verified (which may include verification by means of a statutory declaration);\n (f) the registration of particulars of a security interest duly notified, the amendment of registered particulars of a security interest and the cancellation of the registration of particulars of a security interest;\n (g) the publishing by the registrar of information about the registration of particulars of a security interest, the amendment of registered particulars of a security interest or the cancellation of the registration of particulars of a security interest;\n (h) the giving by the registrar of a certificate in relation to the registration of particulars of a security interest and the amendment or cancellation of such a certificate;\n (i) the return by the registrar of documents to the person by whom they were lodged;\n (j) the return of certificates to the registrar for amendment or cancellation;\n (k) the giving by the registrar of copies of, or extracts from, entries on the register;\n (l) the prescribing of fees for:\n (i) the registration of particulars of a security interest, the amendment of registered particulars of a security interest or the cancellation of the registration of particulars of a security interest; or\n (ii) the giving by the registrar of certificates in relation to the registration of particulars of a security interest or the amendment or cancellation of such a certificate; or\n (iii) the giving by the registrar of copies of, or extracts from, entries on the register or documents lodged with the registrar;\n (m) providing that a notification to the registrar is taken not to be duly given unless and until:\n (i) the notification is given in the manner and form, and is accompanied by the documents and information, required by the regulations; and\n (ii) any relevant prescribed fees are paid;\n (n) the prescribing of penalties (not exceeding a fine of 50 penalty units) for offences against regulations made for the purposes of any of the above paragraphs.\n (5) The fees that may be prescribed under paragraph (4)(l) may not exceed amounts or rates that are reasonably related to the expenses incurred by the Commonwealth in relation to the matters in respect of which the fees are prescribed.\n (6) A person is not taken to have notice of any matter relating to a security interest in relation to an aircraft or a component of an aircraft merely because of anything entered in the register in relation to the aircraft or component.","sortOrder":37},{"sectionNumber":"29","sectionType":"section","heading":"Annual report","content":"#### 29 Annual report\n\n (1) The Secretary shall, as soon as practicable after 30 June in each year, prepare and furnish to the Minister a report on the administration and operation of this Act and the regulations during the year that ended on that 30 June and on such other matters concerning civil aviation as the Secretary considers should be included in the report.\n (2) The Minister shall cause a copy of a report furnished to him or her under subsection (1) to be laid before each House of the Parliament within 15 sitting days of that House after the day on which he or she receives the report.","sortOrder":38},{"sectionNumber":"30","sectionType":"section","heading":"Powers and functions under State and Northern Territory laws","content":"#### 30 Powers and functions under State and Northern Territory laws\n\n It is hereby declared to be the intention of the Parliament that an officer, authority or person having powers or functions under this Act or the regulations may also have, exercise and perform similar powers or functions conferred by the law of a State or of the Northern Territory relating to air navigation.","sortOrder":39},{"sectionNumber":"31","sectionType":"section","heading":"Delegation","content":"#### 31 Delegation\n\n (1) The Minister or the Secretary may, either generally or in relation to a matter or class of matters, by signed writing, delegate to a person or persons all or any of his or her powers and functions under this Act except this power of delegation.\n (2) A power or function so delegated may be exercised or performed by the delegate in accordance with the instrument of delegation.\n (3) A delegation under this section is revocable at will and does not prevent the exercise of a power or the performance of a function by the Minister or the Secretary, as the case may be.","sortOrder":40}],"analysis":{"issue_detection":{"absurdities":[{"type":"impossible_compliance","section":"s 12(1A)","severity":"medium","reasoning":"The offence in s 12(1) is framed around operating a scheduled international air service — an activity only an 'international airline' (almost always a corporation) could perform. Yet s 12(1A) prescribes imprisonment as the penalty. A body corporate cannot be imprisoned. The note to s 12(1A) resolves this via s 4B(3) of the Crimes Act 1914, but the drafting is awkward: the headline penalty is literally inapplicable to the entity most likely to commit the offence. This is a systemic drafting incoherence, not just a harmless quirk.","confidence":0.82,"description":"An 'international airline' — defined in s 3(1) as 'an air transport enterprise offering or operating an international air service' — is threatened with imprisonment for up to 7 years. A corporate entity (the paradigm case of an international airline) cannot be physically imprisoned. The note appended to s 12(1A) acknowledges that a body corporate may instead be fined, but the primary penalty expressed in the subsection is imprisonment, creating an absurdity where the principal sanction is structurally inapplicable to the primary class of offenders."},{"type":"impossible_compliance","section":"s 15A(1) and (2)","severity":"medium","reasoning":"Strict liability is attached to the conduct element (the result), meaning no fault need be proved in relation to that element. Combined with the 'any person' trigger, a pilot who is asleep in a crew rest facility could in principle be convicted because a ground handler loaded unauthorised cargo. The reasonable excuse defence (s 15A(2B)) creates an evidential burden on the defendant, which partially mitigates the absurdity, but the structural problem — criminal liability arising from a stranger's acts — remains.","confidence":0.75,"description":"The operator and pilot in command are made jointly liable for an offence triggered by 'any person' engaging in conduct that results in cargo being taken on or discharged. The operator and pilot could be convicted for conduct entirely outside their knowledge or control, committed by a third party. Although s 15A(2B) provides a 'reasonable excuse' defence and s 15A(2C) imposes strict liability only on the causation element (paragraphs (1)(b) and (2)(b)), the structure still permits a pilot in command to be imprisoned for 6 months for an act done by an unknown third party over whom the pilot had no authority."},{"type":"impossible_compliance","section":"s 17(1)","severity":"medium","reasoning":"While s 17(1AB) provides a 'reasonable excuse' defence and s 14 and s 17(1AA) carve out authorised flights, the strict liability causation element combined with 'any person' conduct means that in principle a forced diversion into Australian territory could constitute an offence. The pilot then bears the evidential burden of establishing a reasonable excuse. This inverts the normal presumption of innocence in a way that borders on absurdity for emergency scenarios.","confidence":0.72,"description":"The same structural problem as s 15A: the operator and pilot in command commit an offence if 'any person' engages in conduct resulting in the aircraft arriving in or departing from Australian territory. Strict liability applies to the causation element (s 17(1AC)). An aircraft can arrive in Australian territory due to an act of air traffic control, a hijacker, or a mechanical emergency — acts of third parties entirely beyond the operator's or pilot's control."},{"type":"other","section":"s 11A(2) — paragraph (b) missing","severity":"medium","reasoning":"The absence of paragraph (b) in s 11A(2) is either a printing/compilation error or a deliberate repeal that was not cleaned up. Either way, paragraph (c) cross-references 'restrictions referred to in paragraph (a)' without any intervening paragraph (b), which is structurally anomalous. The definition of 'mandatory provisions' in s 11B(11) refers to provisions required to comply with s 11A(2), so the gap could affect what courts and airlines understand to be legally required.","confidence":0.88,"description":"Section 11A(2) jumps from paragraph (a) directly to paragraph (c), with paragraph (b) entirely absent from the text. The provision purports to specify what a compliant airline constitution must contain, but one of the required elements has been omitted from the enacted text, creating a gap in what 'mandatory provisions' (as defined in s 11B(11)) actually require."},{"type":"circular_definition","section":"s 3(1) — definition of 'international airport' and s 9(1)","severity":"low","reasoning":"The definition in s 3(1) simply points back to s 9(1) without adding content. This is a common legislative technique (definition by reference to designation) but it means the defined term carries no independent legal meaning — it is entirely contingent on ministerial action. If the Minister designates an aerodrome that lacks the required facilities, the designation may be unlawful, but the aerodrome would still technically be an 'international airport' under the Act until the designation is challenged. The circularity is mild but genuine.","confidence":0.7,"description":"'International airport' is defined in s 3(1) as 'an international airport designated under subsection 9(1)'. Section 9(1) empowers the Minister to designate as an international airport 'an aerodrome at which facilities are available for the formalities incident to customs, immigration, quarantine and other requirements'. The definition is circular: an international airport is whatever the Minister designates as an international airport, with no substantive criteria embedded in the definition itself — the criteria live only in the power to designate, not in the meaning of the term."},{"type":"retroactive_impossibility","section":"s 3A(1) — retrospective approval of ratification","severity":"low","reasoning":"While this form of post-hoc parliamentary approval is a recognised constitutional mechanism in Australia (bringing treaty obligations within domestic law), it creates a logical oddity: Parliament is purporting to 'approve' something that is already done and cannot be undone. The approval cannot be withheld in any practical sense — Australia is already bound internationally. The provision is legally functional but logically operates in the past tense.","confidence":0.65,"description":"Section 3A(1) provides that 'the ratification on behalf of Australia of the Chicago Convention is approved.' Australia ratified the Chicago Convention in 1947. This Act, originally passed in 1920, was amended to include s 3A after the fact. The Parliament is thus 'approving' a ratification that had already occurred — an act of retroactive parliamentary approval of an executive act that was already legally complete and internationally binding."},{"type":"other","section":"s 2B and s 26(1A)","severity":"low","reasoning":"While s 2B's 'contrary intention' carve-out is broad enough to accommodate s 26(1A), it is structurally unusual that a regulation (made by the Governor-General, not Parliament) can determine whether a class of aircraft is subject to the Act at all. This creates a scenario where the scope of primary legislation is effectively delegated to subordinate instruments, which inverts the normal hierarchy of norms.","confidence":0.6,"description":"Section 2B states the Act does not apply to state aircraft 'except where the contrary intention appears.' Section 26(1A) then expressly states that regulations under s 26(1) 'may apply to, and in relation to, state aircraft.' This means regulations — subordinate legislation — can extend the Act's reach to state aircraft, effectively allowing the executive (via regulations) to override the primary Act's default exclusion without any further parliamentary authorisation beyond the general regulation-making power."}],"contradictions":[{"severity":"medium","section_a":"s 2A — Act binds the Crown","section_b":"s 24 — Crown not liable to prosecution","confidence":0.85,"description":"Section 2A declares the Act binds the Crown in right of the Commonwealth and each State and Territory. Section 24 then expressly immunises the Crown from prosecution for offences under the Act. These two provisions are in direct tension: binding the Crown to comply with the Act is largely meaningless if there is no mechanism to enforce that compliance through prosecution. The Crown is simultaneously subject to the Act (s 2A) and immune from its primary enforcement mechanism (s 24)."},{"severity":"medium","section_a":"s 12(1) — international airline licence required","section_b":"s 11 — freedoms of the air (no licence requirement)","confidence":0.72,"description":"Section 12(1) requires all international airlines to hold a licence to operate scheduled international air services over, into or out of Australian territory. Section 11 grants airlines of Air Transit Agreement countries the privilege to fly across or land in Australian territory for non-traffic purposes, subject only to s 12. The relationship between the general licence requirement in s 12 and the treaty-derived freedoms in s 11 is managed by the 'subject to section 12' qualifier in s 11, but this means the transit freedoms granted by s 11 are substantially subordinated to the domestic licensing regime — potentially frustrating Australia's obligations under the Air Transit Agreement. The tension between international treaty commitments (s 11) and domestic regulatory gatekeeping (s 12) creates interpretive difficulty about whether a licence can lawfully be refused for transit operations."},{"severity":"low","section_a":"s 15A(3) — Secretary may waive permission requirement by determination","section_b":"s 15B(2)(d)(i) — 21-day lodgement requirement for permission applications","confidence":0.62,"description":"Section 15B(2)(d)(i) requires permission applications to be lodged at least 21 days before the first flight, unless the Secretary allows a lesser period. However, s 15A(3) allows the Secretary to determine that no permission is required for a category of flights. This creates an internal inconsistency: an operator who falls within a s 15A(3) determination needs no permission at all, yet s 15A(7) then requires that operator to file a written notice within 14 days after the flight. The post-flight notification obligation in s 15A(7) applies precisely when no pre-flight permission was needed — creating an asymmetry where exempt operators face a retrospective reporting obligation but cannot know in advance whether their particular flight is 'within the category' until they have already operated it."},{"severity":"medium","section_a":"s 12(4)(a) — airline may operate service without operating aircraft","section_b":"s 12(4)(b) — airline does not operate service merely by operating aircraft","confidence":0.88,"description":"Section 12(4) contains two limbs that together create a logical paradox about what it means to 'operate' a scheduled international air service. Paragraph (a) says an airline may operate a service even if it does not operate the aircraft. Paragraph (b) says an airline does not operate a service merely because it operates the aircraft. Together, these provisions define 'operation of a service' entirely by reference to what it is not: it is not the operation of aircraft, but it can exist without operating aircraft. The positive content of what 'operating a service' actually means is left undefined, leaving the core concept of the licensing obligation without a clear anchor."},{"severity":"high","section_a":"s 10(1) — aircraft must land at designated international airports","section_b":"s 14 — non-scheduled flights may land for non-traffic purposes without prior permission","confidence":0.8,"description":"Section 10(1) requires all aircraft arriving in Australian territory from outside to land at a designated international airport. Section 14 permits aircraft of Contracting States on non-scheduled flights to land in Australian territory for non-traffic purposes without prior permission. If a non-scheduled flight under s 14 lands at a non-designated aerodrome for a non-traffic purpose (e.g. a technical stop at a regional airfield), s 10(1) would appear to be breached even though s 14 expressly contemplates such landings. The Act does not clearly establish that s 14 overrides s 10(1) in such circumstances — s 14 is 'subject to... the provisions of this Act' which would include s 10(1)."}]},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":true,"description":"Originally enacted in 1920 as a simple framework for air navigation and safety, the Act has expanded significantly beyond its original scope. It now functions primarily as an economic regulatory tool for international aviation, with heavy emphasis on airline ownership restrictions (s 11A), foreign investment controls, capacity management, and trade/tourism considerations. The addition of security interest registration for aircraft (s 27A), detailed charter flight permissions (ss 15A-15F), and complex corporate liability provisions (s 24A) reflect a shift from basic navigation rules to comprehensive economic and security regulation. The original safety-focused purpose is now largely handled by the Civil Aviation Act 1988 and regulations, while this Act focuses on market access and national interest protection."},"complexity_factors":["Multiple overlapping permission systems: international airline licences (s 12), permissions for non-scheduled flights (s 15D), and general arrival/departure permissions (s 17), with exemptions and determinations that can override each","Extensive cross-referencing to external instruments: Chicago Convention, Air Transit Agreement, 12 protocols, Civil Aviation Act 1988, Corporations Act 2001, Criminal Code, and International Air Services Commission Act 1992","Nested definitions: 25+ defined terms in s 3 alone, with additional definitions in ss 11A, 15, 17, 27, and 27A creating layered interpretive requirements","Conditional liability structures: mixture of strict liability (ss 15A(2C), 17(1AC)), evidential burdens on defendants (multiple 'reasonable excuse' provisions), and corporate attribution rules (s 24A)","Bifurcated regulatory framework: Act sets broad powers but delegates detailed operational rules to regulations, making the full legal picture dependent on subordinate legislation","Geographic scope complications: extraterritorial application provisions (s 27) with 6 separate categories of aircraft coverage, plus special Northern Territory treatment (s 26(4)-(5))","Multiple enforcement mechanisms: criminal penalties (up to 7 years imprisonment), civil injunctions (s 11B), administrative review (s 23A), and infringement notices (s 26(2)(l))"],"plain_english_summary":"This is Australia's foundational law for controlling international air travel. It sets the rules for which foreign and Australian airlines can fly into and out of Australia, and under what conditions.\n\n**What it does:**\n- **Controls international flights**: Foreign airlines need permission (licences) to operate scheduled flights to Australia. They must land at designated international airports like Sydney or Melbourne, not just any airstrip.\n- **Protects Australian airlines**: It limits foreign ownership of Australian international airlines (other than Qantas) to 49%, ensuring Australians keep majority control. The Minister can force airlines to fix their shareholding structure if foreigners own too much.\n- **Regulates charter flights**: Non-scheduled flights (like holiday charters) need permission to pick up or drop off paying passengers or cargo in Australia.\n- **Bans weapons on planes**: Carrying munitions or weapons of war on aircraft is illegal without ministerial permission.\n- **Implements international treaties**: It gives legal force to the Chicago Convention (the global rules for international aviation) and related agreements.\n\n**Who it affects:**\n- International airlines (both passenger and cargo)\n- Australian airlines flying overseas (except Qantas, which has its own special rules)\n- Charter operators and tour companies\n- Airport operators\n- Anyone involved in importing weapons by air\n\n**Why it matters:**\nThis Act is the gatekeeper for Australia's skies. It ensures Australia meets its international aviation obligations while protecting national interests—controlling who can enter, preventing foreign dominance of local carriers, and maintaining security standards. Without it, there would be no legal framework to stop any foreign airline from operating in Australia or to enforce safety and security rules on international flights."},"summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act was originally passed in 1920 as a straightforward framework to regulate air navigation — a nascent technology at the time — primarily covering basic rules for aircraft movement. Over the following century it expanded dramatically to: (1) incorporate and give domestic legal effect to the entire Chicago Convention system and 12 amending Protocols from 1944 onwards; (2) establish a detailed licensing regime for international airlines and charter flights that did not exist in 1920; (3) introduce foreign ownership restrictions on Australian international airlines (s.11A), a topic far removed from simple air navigation rules; (4) create a sophisticated injunction regime enforceable in the Federal Court; (5) establish a security interest registration system for aircraft (s.27A), which is essentially a financial/property law mechanism. The Act has grown from a basic navigation regulatory framework into a multi-purpose instrument covering aviation commerce, corporate ownership, international treaty implementation, financial security registration, and criminal law — well beyond its original navigational scope."},"complexity_factors":["Incorporates and cross-references multiple international treaties (Chicago Convention plus 12 amending Protocols, Air Transit Agreement), requiring readers to consult external documents","Approximately 30+ defined terms spread across multiple sections (s.3, s.11A, s.15, s.27), including terms re-defined locally within individual sections with different meanings","Layered offence structure with multiple nested exceptions — e.g., s.15A creates an offence, then carves out exceptions in subsections (1A), (2A), and (2B), each carrying their own evidential burden notes","Conditional licensing regime in ss.12–13 with cross-references to s.15D, s.17, the International Air Services Commission Act 1992, and bilateral arrangements","Foreign ownership provisions in s.11A contain a complex multi-limb definition of 'Australian person' (9 categories including nominee and trust arrangements) and cross-reference the Corporations Act 2001","Injunction regime in s.11B contains 11 subsections with multiple sub-conditions governing when, how, and on what terms the Federal Court may act","Extra-territorial operation provisions in s.27 contain a six-limb definition of 'Australian international carriage' with further deeming rules in s.27(3)","Security interest registration regime in s.27A contains a 14-paragraph list of matters for regulation, with its own multi-part definitions of 'security interest', 'hire-purchase agreement' and 'instalment purchase agreement'","Strict liability and evidential burden provisions scattered throughout (ss.15A, 17) requiring knowledge of Criminal Code Chapter 2 to interpret correctly","Broad regulation-making power in s.26 with constitutional head-of-power references (trade and commerce, territories), adding interpretive complexity"],"plain_english_summary":"## Air Navigation Act 1920 — Plain English Summary\n\n### What is this law about?\n\nThe **Air Navigation Act 1920** is Australia's foundational law governing **international civil aviation** — that is, aircraft flying into, out of, and across Australian airspace. Despite being over a century old, it remains in force and has been significantly updated over time.\n\n---\n\n### Who does it affect?\n\n- **International airlines** (both Australian and foreign) operating flights to or from Australia\n- **Aircraft operators and pilots** on international routes\n- **Charter flight operators** (companies running one-off or irregular international flights)\n- **Passengers and cargo** being carried on international flights through Australia\n- **Australian international airports** and the businesses operating there\n- **Foreign shareholders** in Australian international airlines (other than Qantas)\n\n---\n\n### What does it actually do?\n\n**1. Implements international aviation treaties**\nAustralia ratified the **Chicago Convention** (the global rulebook for civil aviation, signed in 1944) and related agreements. This Act formally approves that ratification and incorporates over a dozen subsequent amendments to the Convention into Australian law.\n\n**2. Controls which aircraft can enter and leave Australia**\n- International aircraft must land at and depart from **designated international airports** (airports with customs, immigration, and quarantine facilities). Flying in or out without using a designated airport is a criminal offence carrying up to **2 years' imprisonment**.\n- Any aircraft arriving from or departing to a foreign country generally needs **permission** from the Secretary of the relevant department. Flying without permission can attract up to **6 months' imprisonment**.\n\n**3. Licenses international airlines**\nForeign airlines wanting to run **regular (scheduled) international flights** to or from Australia must hold an **international airline licence** issued by the Secretary. Operating without one is a serious offence carrying up to **7 years' imprisonment**. Countries must have a relevant treaty or bilateral agreement with Australia before their airlines can be licensed.\n\n**4. Regulates \"freedom of the air\" rights**\nAirlines from countries that signed the **Air Transit Agreement** have the right to fly through Australian airspace without landing, or to land for purposes other than picking up or dropping off passengers/cargo.\n\n**5. Permits charter (non-scheduled) flights**\nOperators of **charter flights** (irregular, one-off international flights — think: a sports team's private plane or a tourist package flight) must apply to the Secretary for permission to pick up or drop off passengers or cargo in Australia. The Secretary considers factors like:\n- Public interest and tourism\n- Impact on scheduled airline capacity\n- Aviation security\n- Australia's international relations\n\n**6. Restricts foreign ownership of Australian international airlines**\nWith the exception of Qantas (which has its own separate rules), Australian international airlines must not be more than **49% foreign-owned**. The Minister can require an airline to change its rules (constitution) to enforce this, and the Federal Court can issue **injunctions** (court orders) to stop breaches.\n\n**7. Controls carriage of weapons**\nCarrying **munitions or implements of war** on aircraft in Australian territory (or on Australian aircraft overseas) without the Minister's written permission is a criminal offence carrying up to **7 years' imprisonment**.\n\n**8. Establishes accountability mechanisms**\n- Decisions by the Secretary (e.g., refusing a licence or permission) can be reviewed by the **Administrative Review Tribunal** (an independent body that checks government decisions).\n- An **annual report** on the Act's administration must be presented to Parliament.\n- Powers can be **delegated** by the Minister or Secretary to other officials.\n\n---\n\n### Why does it matter?\n\nThis Act is the legal backbone of Australia's participation in **international civil aviation**. Without it, there would be no legal framework for deciding which foreign airlines can fly here, on what terms, or with what oversight. It protects Australian airspace, ensures international treaty obligations are met, and keeps a check on foreign control of Australian carriers."},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":false,"description":"The provided text sets out the Act’s current scope (international instrument implementation, licensing and permission regimes, ownership limits, enforcement powers, and regulation‑making authority). Nothing in the supplied text indicates a change from an earlier or different intended scope; therefore no scope change is indicated by the material provided."},"complexity_factors":["Interplay with international instruments (Chicago Convention, Air Transit Agreement) and domestication of their texts (s 3A–4)","Broad discretionary powers vested in the Secretary and Minister for licensing, permissions and determinations (s 9, 12(3), 15D, 15F, 17(1B))","Criminal offences, including strict liability elements and evidential burdens for defences (s 3AG; s 15A(2C); s 17(1AC); evidential burden notes)","Detailed administrative procedures and documentary requirements for non‑scheduled flight permissions (s 15B–15C) and licence regulation (s 13)","Enforcement spectrum combining criminal penalties, civil penalties via regulations, Federal Court injunctive relief and corporate attribution rules (s 10, 12, 11B, 24A, s 26(2)(k))","Provisions enabling extra‑territorial application of regulations to Australian aircraft and carriage (s 27)","Optional registration regime for security interests implemented by regulation, with procedural, fee and notice effects (s 27A)","Cross‑references to other statutes and regulatory instruments (Civil Aviation Act 1988; International Air Services Commission Act 1992; regulations under this Act) increase interpretive complexity (multiple sections: s 3, s 13(3), s 15A(4)(b))","Judicial and administrative review pathways with specified notice requirements (s 23A)"],"plain_english_summary":"# What this law does, who it affects, and how it works\n\nThis Act sets out rules for international and commercial air navigation connected with Australia. It gives legal effect to the Chicago Convention and related agreements (s 3A–4), creates criminal offences for particular breaches (3AG), and establishes regulatory powers for the Minister and the Secretary to control international airline operations, non‑scheduled commercial flights and related matters.\n\nKey mechanical effects\n\n- Implements international instruments: the text of the Chicago Convention, the Air Transit Agreement and specified Protocols are taken as the authoritative English texts for the Act (s 3A–4). The Minister can publish which countries are parties to those instruments (s 5).\n- Designates and publishes international airports: the Minister may designate aerodromes as international airports; the Secretary must publish those designations (s 9).\n- Requires international airlines to use designated airports when arriving from or departing to places outside Australia, subject to prescribed exceptions; operators and pilots face criminal penalties where they contravene that rule (s 10).\n- Licences scheduled international air services: scheduled international air services must operate under an international airline licence issued by the Secretary unless a specific exception applies (s 12–13). Contravention carries criminal penalties (s 12(1A)). The regulations may set licensing procedure, conditions and enforcement (s 13(1)–(2)).\n- Controls non‑scheduled commercial flights: the Act prohibits taking on or discharging fare‑paying passengers, cargo or mail on non‑scheduled flights without the Secretary’s permission, subject to statutory exemptions and Secretary determinations (s 15A–15D). It sets application content, timeframes and decision criteria (s 15B–15D). Some contraventions attract strict liability and criminal penalties (s 15A(2C)).\n- Limits foreign shareholding in Australian international airlines: the Minister can require an Australian international airline to provide ownership information and to ensure its constitution prevents foreign persons holding more than 49% of issued share capital; the constitution must give directors powers to enforce those limits (s 11A).\n- Enforcement by injunctions: the Minister may apply to the Federal Court for injunctions to restrain or require conduct relating to the foreign‑ownership rules; the Court has broad powers and need not require the Minister to give an undertaking as to damages for interim injunctions (s 11B).\n- Requires compliance with Australian laws on international flights: licences, permissions and approvals are conditional on compliance with applicable Commonwealth, State and Territory laws (immigration, customs, quarantine, etc.) (s 16).\n- Prohibits carriage of munitions except under Ministerial permission (s 19).\n- Enables a registration regime for security interests in aircraft and components by regulation, with fees and procedural rules set in regulations (s 27A).\n- Confers broad regulation‑making power on the Governor‑General to implement the Act and the Chicago Convention, including fees, penalties and extra‑territorial application of regulations to Australian aircraft and carriage (s 26–27).\n- Provides administrative review rights for certain Secretary decisions to the Administrative Review Tribunal and requires notice of review rights (s 23A).\n- Permits delegation of Minister’s and Secretary’s powers (s 31).\n\nWho decides and who pays\n\n- Decision‑makers: the Secretary (and the Minister in specific roles) exercises primary administrative discretion: designations (s 9), licensing and permissions (s 12–15D), determinations removing licensing or permission requirements (s 12(3), 15A(3), 17(1B)), variation/suspension/cancellation (s 15F) and publication obligations (s 18). The Federal Court decides injunctions on the Minister’s application (s 11B).\n- Who bears costs and compliance burdens: international airlines, charter operators and aircraft operators bear administrative costs (applications, information, possible indemnities for ticket holders under s 15C(2)), statutory fees set by regulation (s 26(2)(ca); s 27A(4)(l)). Operators and pilots face criminal sanctions for breaches (s 10(2), 12(1A), 15A, 17(1)) and civil/regulatory action (license conditions, injunctions) when they do not comply (s 11B, 15F).\n\nIncentives, burdens and operational effects\n\n- Market access and licensing: the licensing requirement for scheduled international services (s 12–13) creates an administrative gatekeeper role for the Secretary; the regulations may prescribe licence conditions and limits. This produces a compliance cost for foreign and domestic airlines seeking to operate scheduled international routes.\n- Ownership constraint and corporate governance: the 49% foreign relevant‑interest ceiling for Australian international airlines (s 11A) requires constitution changes and director powers to enforce ownership limits (s 11A(2)). Affected airlines must monitor and report ownership and may need to restructure shareholding or governance; this imposes transactional and governance costs and constrains potential foreign investment in affected airlines.\n- Discretion and public‑interest balancing: permission and licence decisions must take account of public‑interest factors set out in the Act—trade and tourism, availability of capacity, aviation security and international relations—except that the Secretary must not consider matters relating to safety of air navigation when exercising certain discretions (s 15D(3); s 17(2)). These factors are partly qualitative and can produce subjective decisions.\n- Administrative procedure and timelines: applications for non‑scheduled flight permissions have prescribed content and lead times (standard 21 days) and the Secretary can require further information and refuse to proceed until it is provided (s 15B–15C). Failure to comply with notification obligations after exempted flights carries a civil penalty (s 15A(7)).\n- Enforcement tools and legal risk: the Act creates criminal offences (some strict liability) with possible imprisonment (e.g. s 10(2), s 12(1A), s 15A(1)–(2), s 17(1) and s 19(1)), civil penalties via regulations (s 26(2)(k)), and Federal Court injunctions without a requirement for the Minister to give an undertaking as to damages for interim relief (s 11B(9)). Corporate liability and attribution of state of mind rules apply to bodies corporate (s 24A).\n- Extra‑territorial reach and property security: regulations may apply to Australian aircraft and Australian international carriage outside Australian territory (s 27). A possible registration system for security interests over aircraft and components is available by regulation (s 27A), with fees limited to costs reasonably related to Commonwealth expenses (s 27A(5)). Registered entries are not conclusive notice of interests (s 27A(6)).\n\nTrade-offs and implementation risks\n\n- Secretary discretion vs predictability: many key powers (licences, permissions, determinations that remove requirements) are exercised by the Secretary with broad statutory criteria. That concentrates decision authority (s 12(3), 15A(3), 15D(3), 17(1B)), which can create administrative unpredictability for operators.\n- Compliance cost vs administrative recoverable fees: regulations may impose fees and charges for services and registrations (s 26(2)(ca); s 27A(4)(l)), but those fees are limited to amounts reasonably related to Commonwealth expenses (s 26(2)(ca); s 27A(5)).\n- Investment constraints vs regulatory objectives: the foreign‑ownership restriction (s 11A) reduces scope for foreign capital in designated Australian international airlines but is mechanised through constitution requirements and director enforcement powers (s 11A(2)). That changes the incentives for foreign investors and for airlines considering structuring to meet the Act’s test of relevant interests (s 11A(3)).\n- Enforcement severity and legal burdens: the Act uses criminal sanctions, strict liability for specified elements and evidential burdens for certain defences (s 15A(2C); s 17(1AC); evidential burden notes for defences in several sections). These features increase legal risk for operators and pilots and raise the importance of documentary compliance and procedural safeguards.\n\nPractical steps affected parties will need to take\n\n- Airlines and charter operators should: assess whether they need licences or permissions (s 12, 15A–15D); prepare applications with the specified information and lead times (s 15B–15C); ensure company constitutions comply with ownership controls if required (s 11A); and maintain systems to satisfy enforcement, reporting and notification requirements (s 15A(7); s 29 reporting obligations generally).\n- Lenders and owners should monitor the regulatory design and any register for security interests if established by regulation (s 27A).\n\nSources cited: sections cited in parentheses are the corresponding sections of the Air Navigation Act 1920 provided above."}},"importantCases":[],"_links":{"self":"/api/acts/air-navigation-act-1920","history":"/api/acts/air-navigation-act-1920/history","analysis":"/api/acts/air-navigation-act-1920/analysis","conflicts":"/api/acts/air-navigation-act-1920/conflicts","importantCases":"/api/acts/air-navigation-act-1920/important-cases","documents":"/api/acts/air-navigation-act-1920/documents"}}