{"id":"nsw:act-1938-009","name":"Air Navigation Act 1938","slug":"air-navigation-act-1938","collection":"act","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"9 of 1938","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":111628,"registerId":"nsw-act-1938-009-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name of Act","content":"#### 1 Name of Act\n\n1 Name of Act\n\n> This Act may be cited as the [Air Navigation Act 1938](/view/html/inforce/current/act-1938-009).","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> This Act shall commence upon a day to be appointed by the Governor and notified by proclamation published in the Gazette.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"#### 3 Definitions\n\n3 Definitions\n\n> In this Act:\n> \n> the Commonwealth Act means the [Air Navigation Act 1920–1936](http://www.legislation.gov.au/) of the Commonwealth of Australia and, if that Act is amended, includes that Act as amended from time to time.\n> \n> the regulations means the [Air Navigation Regulations](http://www.legislation.gov.au/) made, and as in force from time to time, under the Commonwealth Act.\n> \n> the Territories means territories under the authority of the Commonwealth and includes territories governed by the Commonwealth under a mandate.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Application of Commonwealth Air Navigation Regulations to air navigation within New South Wales","content":"#### 4 Application of Commonwealth Air Navigation Regulations to air navigation within New South Wales\n\n4 Application of Commonwealth [Air Navigation Regulations](http://www.legislation.gov.au/) to air navigation within New South Wales\n\n> The regulations from time to time in force applicable to and in relation to air navigation within the Territories shall (except so far as those regulations are by virtue of the Commonwealth Act and the regulations applicable to and in relation to air navigation within New South Wales) apply, mutatis mutandis, to and in relation to air navigation within New South Wales as if those regulations as so applied were incorporated in this Act and for the purposes of this Act those regulations shall be read and construed and take effect accordingly:\n> \n> Provided that where an aircraft is to be used for the conveyance of passengers or cargo in circumstances which will require the aircraft to be licensed under the [Air Transport Act 1964](/view/html/inforce/current/act-1964-036), and which will also require the aircraft to be used under the authority of and in accordance with a licence issued under the regulations in their application by virtue of this Act or pursuant to an exemption granted under the regulations as so applied, a licence shall not be issued in respect of that aircraft under the regulations as so applied nor shall any such exemption be granted unless or until a licence has been issued in respect of that aircraft under the [Air Transport Act 1964](/view/html/inforce/current/act-1964-036), and the licence when so issued under the regulations as so applied or any renewal thereof or the exemption so granted, as the case may be, shall, without prejudice to any power of suspension or cancellation which is conferred by the regulations as so applied, cease to have effect if the aircraft ceases for any reason to be licensed under the [Air Transport Act 1964](/view/html/inforce/current/act-1964-036):\n> \n> Provided further that where an aircraft is licensed under the [Air Transport Act 1964](/view/html/inforce/current/act-1964-036) it shall not be necessary for any person to obtain, under the regulations as so applied, any approval of the tariff of charges for the carriage of persons or cargo on the aircraft or of any variation thereof.\n> \n> **s 4:** Am 1947 No 32, sec 4; 1964 No 36, sec 15 (1).","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Certain powers and functions vested in Commonwealth authorities","content":"#### 5 Certain powers and functions vested in Commonwealth authorities\n\n5 Certain powers and functions vested in Commonwealth authorities\n\n> Where, by or under the regulations, any power or function is vested in or exercisable by any person or authority for the purpose of the regulations or any part thereof, the like power or function under the regulations in their application by virtue of this Act shall be vested in or exercisable by that person or authority for the purposes of the regulations in such application.","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Certificates, licences etc","content":"#### 6 Certificates, licences etc\n\n6 Certificates, licences etc\n\n> Any certificate, licence or registration granted, issued, recognised or effected:\n> \n> > (a) by or under the regulations in their application under the Commonwealth Act, or\n> \n> > (b) by or under the regulations in their application by virtue of the law of any other State of the Commonwealth,\n> \n> and any cancellation or suspension of any such certificate, licence or registration, shall in New South Wales have the same force and effect as if it had been granted, issued, recognised or effected in pursuance of the regulations in their application by virtue of this Act.","sortOrder":5},{"sectionNumber":"7","sectionType":"section","heading":"Fees","content":"#### 7 Fees\n\n7 Fees\n\n> All fees payable under the regulations in their application by virtue of this Act shall be paid to the Commonwealth to meet the cost of the administration of the regulations in such application.","sortOrder":6},{"sectionNumber":"8","sectionType":"section","heading":null,"content":"#### 8\n\n8 (Repealed)","sortOrder":7}],"analysis":{"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Scope cannot be meaningfully assessed as the substantive text of the Act was not included in the provided document. Only website interface and metadata were captured. No comparison between original intent and current provisions is possible from the available material."},"complexity_factors":["No substantive legislative text was provided — only website navigation metadata was captured, making meaningful legal analysis impossible","The Act's interaction between State and Commonwealth aviation law frameworks could be complex, but cannot be assessed without the actual text","Historical vintage (1938) may mean archaic drafting language if the text were available","The long period without amendment (since 1989) suggests potential dormancy or redundancy, adding interpretive uncertainty"],"plain_english_summary":"## Air Navigation Act 1938 (NSW)\n\n**What this is:** This is a NSW State law from 1938 dealing with air navigation — essentially, the rules governing how aircraft operate within New South Wales.\n\n**Important caveat:** The document provided contains almost no actual legislative content — it is essentially just the metadata and website navigation wrapper from the NSW legislation website. The actual text of the Act (its sections, rules, and obligations) is not included in what has been provided.\n\n**What we can tell from the metadata:**\n- This is a **NSW State Act** (not a federal/Commonwealth law), enacted in 1938\n- It falls under the **Minister for Transport**\n- The current version has been unchanged since **16 January 1989** — meaning the Act has not been substantively amended in over 35 years\n- Given it dates to 1938 and covers 'air navigation,' it likely deals with NSW's role in regulating or complementing Commonwealth aviation rules, including things like aerodromes, aircraft operations, or licensing within the state\n\n**Who it likely affects:** Aircraft operators, aerodromes, and aviation businesses operating in NSW — though in practice, aviation in Australia is now primarily regulated by the **Commonwealth** (federal government) through bodies like CASA (Civil Aviation Safety Authority), meaning this State Act may have a very limited practical role today.\n\n**Why the 1989 freeze matters:** An Act unchanged since 1989 in a heavily regulated, rapidly evolving industry like aviation is notable — it may be largely superseded by Commonwealth law or simply no longer practically operative.\n\n> ⚠️ **Note:** A complete analysis is not possible because the substantive text of the Act was not provided — only the website interface was captured."},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":false,"description":"Based on the text provided, the Act's scope is to apply the Commonwealth Air Navigation Regulations to air navigation within New South Wales, with specified interactions with the Air Transport Act 1964. The provided text contains no material indicating a change from that established scope."},"complexity_factors":["Cross-reference to the Commonwealth Air Navigation Act and to the Air Navigation Regulations (requires reading multiple instruments) (s 3, s 4)","Conditional interplay with the Air Transport Act 1964 for licences and exemptions (s 4, provisos)","Use of 'mutatis mutandis' to adapt Commonwealth regulations into NSW law (s 4)","Delegation and preservation of powers/functions to persons or authorities under the regulations (s 5)","Recognition of certificates/licences from Commonwealth and other States (s 6)","Revenue direction to the Commonwealth for fees under the applied regulations (s 7)","Commencement by proclamation means the Act does not operate until a separate executive act (s 2)"],"plain_english_summary":"What this law does (mechanically)\n\n- Imports and applies the Commonwealth Air Navigation Regulations to air navigation in New South Wales (NSW), treating those regulations as if they were incorporated into this Act and adjusted where necessary (mutatis mutandis) (s 4).\n- Makes any powers or functions that the Commonwealth regulations give to particular people or authorities operate in NSW in the same way (s 5).\n- Gives legal effect in NSW to certificates, licences and registrations issued under the Commonwealth regulations or under the laws of other States in so far as those documents are within the scope of the regulations (s 6).\n- Requires fees payable under the regulations (as applied in NSW) to be paid to the Commonwealth to cover the cost of administering those regulations (s 7).\n- Sets commencement by proclamation (s 2) and defines key terms including what is meant by the Commonwealth Act, the regulations, and the Territories (s 3).\n\nWho this affects\n\n- Aircraft operators and owners, especially those carrying passengers or cargo whose operations trigger licensing under the Air Transport Act 1964 (see s 4).\n- Persons and authorities who exercise regulatory powers under the Commonwealth regulations, because those powers apply in NSW in the same form (s 5).\n- Holders of certificates, licences or registrations issued under Commonwealth or other State applications of the regulations, which are treated as effective in NSW (s 6).\n- Anyone required to pay fees under the applied regulations: those fees must be paid to the Commonwealth (s 7).\n\nWhy it matters (stated purpose and practical effects)\n\n- The text mechanically extends the Commonwealth-level air navigation regulatory framework into NSW. The likely intent is to achieve a single set of technical and operational rules by reference to the Commonwealth regulations (s 4). The law therefore replaces the need for separate NSW-only regulations on the matters covered by the Commonwealth regulations by making Commonwealth rules applicable in NSW.\n\nPractical consequences, costs and incentives (source-cited)\n\n- Who pays: fees required by the regulations, when applied in NSW, must be paid to the Commonwealth to meet the cost of administering those regulations (s 7). This directs the revenue stream for regulatory administration to the Commonwealth rather than NSW.\n- Licensing interaction and conditionality: where an aircraft must be licensed under the Air Transport Act 1964 for carriage of passengers or cargo, the applied Commonwealth regulations cannot be used to grant the relevant licence or exemption in NSW until a licence has been issued under the Air Transport Act 1964. Any licence or exemption granted under the applied regulations ceases to have effect if the Air Transport Act 1964 licence ceases (s 4, first proviso). This sets a dependency: certain regulatory permissions in NSW are conditional on a separate statutory licence under the Air Transport Act 1964.\n- Reduced duplication for tariffs: if an aircraft is licensed under the Air Transport Act 1964, it is not necessary to obtain approval of tariffs for carriage of persons or cargo under the applied regulations (s 4, second proviso). That removes one category of duplicate regulatory approval for operators holding the Air Transport Act licence.\n- Recognition of out-of-state and Commonwealth certificates: certificates, licences or registrations granted under the regulations (as applied elsewhere) have the same force in NSW as if issued under this Act (s 6). That lowers the need for re-licensing when documents are already issued under the Commonwealth regime or another State's application of the regime.\n- Administrative discretion: powers or functions vested by the regulations in persons or authorities remain vested in those persons or authorities when the regulations are applied to NSW (s 5). The text therefore preserves the decision-making role of the bodies designated in the regulations without creating new NSW-specific delegations.\n\nCompliance burden and implementation risk\n\n- Operators in NSW must comply with the Commonwealth regulations as applied (s 4). That means compliance obligations follow the content and detail of the Commonwealth regulations (s 3, s 4).\n- Implementation requires proclamation to commence (s 2). Until proclamation is made, the Act does not take effect. The Act relies on the continuing content of the Commonwealth Act and regulations “from time to time” (s 3), so changes at the Commonwealth level will flow into NSW by reference.\n\nIncentives and effects on private decision-making\n\n- The linkage to Air Transport Act licensing creates an incentive for operators to obtain and retain the Air Transport Act licence when required for passenger or cargo carriage because certain NSW regulatory permissions depend on it (s 4).\n- Directing fees to the Commonwealth (s 7) shifts the administrative cost-recovery and revenue incentives away from NSW to the Commonwealth, which may affect where operators direct regulatory engagement and payments.\n\nTrade-offs, opportunity costs and potential implementation points to watch\n\n- The Act substitutes Commonwealth regulatory content for any separate NSW technical rules on the same topics (s 4). That simplifies the rule set for those topics but means NSW’s regulatory detail is governed by the Commonwealth regulations as they change (s 3).\n- Reliance on the Commonwealth instrument and on authorities designated in the regulations centralises decision-making pathways (s 5, s 6) rather than creating new NSW administrative structures.\n\nSections cited: ss 1–7 (definitions s 3; application and provisos s 4; powers s 5; certificates s 6; fees s 7; commencement s 2)."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation remains focused on its original purpose of adopting Commonwealth air navigation regulations for application within NSW. The amendments noted (1947 and 1964) appear to be technical updates integrating the statute with the Air Transport Act 1964, rather than expansion into new policy areas. The repeal of section 8 suggests consolidation rather than scope creep."},"complexity_factors":["Only 3 defined terms in the interpretation section (Commonwealth Act, regulations, Territories)","Single operative mechanism (incorporation by reference of Commonwealth regulations)","Two provisos (exceptions) in section 4 creating conditional logic around the Air Transport Act 1964 licensing requirements","No nested exceptions or deeply conditional structures","Short statute (8 sections, one repealed)","Minimal cross-referencing—only refers to the Commonwealth Act, its regulations, and the NSW Air Transport Act 1964","Straightforward mutual recognition provision in section 6"],"plain_english_summary":"This is a New South Wales law that essentially 'borrows' the Commonwealth's air navigation rules and applies them to flights within NSW.\n\n**What it does:**\n- Takes the federal Air Navigation Regulations (which normally apply to Commonwealth territories) and applies them to air navigation within NSW\n- This means NSW doesn't need to write its own detailed aviation safety rules—it just adopts the federal ones automatically\n- Any certificates, licences, or registrations issued under federal law (or other states' laws) are automatically recognised in NSW\n- Fees collected under these rules go to the Commonwealth to cover administration costs\n\n**Who it affects:**\n- Anyone flying aircraft in NSW airspace\n- Airlines and charter operators based in or operating through NSW\n- Pilots, aircraft owners, and aviation businesses who need licences and certifications\n\n**Key quirks:**\n- There's a special rule for commercial passenger or cargo flights: if an aircraft needs a licence under NSW's *Air Transport Act 1964*, it must get that state licence **before** getting the federal aviation licence (or the federal licence becomes invalid)\n- Commercial aircraft licensed under the NSW Air Transport Act don't need separate approval for their pricing/tariffs under the federal regulations\n\n**Why it matters:**\nThis is a practical arrangement that avoids duplication between state and federal aviation law. Instead of NSW maintaining parallel aviation regulations, it simply applies the Commonwealth rules locally. This ensures consistency across Australian airspace while allowing NSW to retain some control over commercial air transport licensing."},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/air-navigation-act-1938","history":"/api/acts/air-navigation-act-1938/history","analysis":"/api/acts/air-navigation-act-1938/analysis","conflicts":"/api/acts/air-navigation-act-1938/conflicts","importantCases":"/api/acts/air-navigation-act-1938/important-cases","documents":"/api/acts/air-navigation-act-1938/documents"}}