{"id":"F2019L00378","name":"Air Navigation (Exemption for Commercial Non-Scheduled Flights) Determination 2019","slug":"air-navigation-exemption-for-commercial-non-scheduled-flights-determination-2019","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":98971,"registerId":"commonwealth-F2019L00378-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Air Navigation (Exemption for Commercial Non-Scheduled Flights) Determination 2019","content":"![Commonwealth Coat of Arms of Australia](image.001.png)\n\nAir Navigation (Exemption for Commercial Non-Scheduled Flights) Determination 2019\n\nmade under subsection 15A(3) of the Air Navigation Act 1920\n\nCompilation No. 3\n\nCompilation date: 14 April 2023\n\nIncludes amendments up to: F2023L00435\n\nAbout this compilation\n\nThis compilation\n\nThis is a compilation of the Air Navigation (Exemption for Commercial Non-Scheduled Flights) Determination 2019 that shows the text of the law as amended and in force on 14 April 2023 (the compilation date).\n\nThe notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.\n\nUncommenced amendments\n\nThe effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.\n\nApplication, saving and transitional provisions for provisions and amendments\n\nIf the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.\n\nModifications\n\nIf the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.\n\nSelf‑repealing provisions\n\nIf a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.\n\nContents\n\nPart 1—Preliminary 1\n\n1 Name....................................................1\n\n3 Authority.................................................1\n\n4 Definitions................................................1\n\nPart 2—Permission not required for certain flights 1\n\n6 Categories of flights in respect of which permission not required.............1\n\n7 Single charter flight..........................................2\n\n8 Programs of passenger charter flights...............................2\n\n9 Own-use charter flight.........................................2\n\n10 Charter flight for carriage of homogenous cargo........................3\n\nEndnotes 4\n\nEndnote 1—About the endnotes 4\n\nEndnote 2—Abbreviation key 5\n\nEndnote 3—Legislation history 6\n\nEndnote 4—Amendment history 7\n\nPart 1—Preliminary\n\n1 Name\n\nThis instrument is the Air Navigation (Exemption for Commercial Non-Scheduled Flights) Determination 2019.\n\n3 Authority\n\nThis instrument is made under subsection 15A(3) of the Air Navigation Act 1920.\n\n4 Definitions\n\nNote 1: A number of expressions used in this instrument are defined in subsection 3(1) of the Act, including the following:\n\n(a) aircraft;\n\n(b) non-scheduled flight.\n\nNote 2: In addition, the following expressions are defined in section 15 of the Act in relation to sections 15A to 15F:\n\n(a) charterer;\n\n(b) charter operator.\n\nIn this instrument:\n\nAct means the Air Navigation Act 1920.\n\nassociate means a person who, in relation to another person, is:\n\n(a) a member of the same unincorporated association; or\n\n(b) a partner under a partnership agreement.\n\ncharter flight means a non-scheduled flight by an aircraft which takes on or discharges passengers, cargo or mail for carriage for reward in Australian territory.\n\nprogram means a program of charter flights of one or more aircraft conducted\n\npursuant to an arrangement between a charterer and charter operator.\n\nNote: A program may consist of flights with different origins and destinations.\n\nPart 2—Permission not required for certain flights\n\n6 Categories of flights in respect of which permission not required\n\nFor the purposes of subsection 15A(3) of the Act, a permission is not required in relation to a flight if any of sections 7 to 10 apply to it.\n\n7 Single charter flight\n\nThis section applies to a charter flight which does not form part of a program.\n\n8 Programs of passenger charter flights\n\nThis section applies to a charter flight forming part of a program conducted for the purpose of transporting passengers if all of the following apply:\n\n(a) all of the flights constituting the program are conducted by aircraft with a seating capacity not exceeding an item in column 2 of Table A;\n\n(b) the number of flights constituting the program does not exceed the corresponding item in column 3 of Table A;\n\n(c) within 14 days after the end of the first flight constituting the program, the charter operator gives a written notice to the Secretary setting out the information referred to in paragraphs (a) to (g) of subsection 15C(1) of the Act.\n\n```html\n

Table A

Column 1

Column 2

Column 3

Item

Maximum seating capacity

Maximum number of flights in program

1.

10

No limit.

2.

40

5

3.

80

2

\n```\n\n9 Own-use charter flight\n\n(1) This section applies to a charter flight, whether or not forming part of a program,\n\nif all of the following apply:\n\n (a) there is a single charterer;\n (b) subsection (2) applies to each passenger carried on the flight (if any);\n (c) the charterer is the owner or lessor of all the cargo carried on the flight (if any) and the purpose of that carriage is for the use or benefit of the charterer.\n\nNote: For the avoidance of doubt, cargo does not include passenger baggage.\n\n(2) For the purposes of paragraph (1)(b), this subsection applies to the following:\n\n(a) an employee of the charterer;\n\n(b) a member (including a shareholder) of the charterer;\n\n(c) a director of the charterer;\n\n(d) an associate of the charterer;\n\n(e) an individual contracted to provide services to the charterer;\n\n(f) an agent of the charterer;\n\n(g) an individual entitled to passage on a transport service operated by the charterer.\n\n10 Charter flight for carriage of homogenous cargo\n\nThis section applies to a charter flight, whether or not forming part of a program, if all of the following apply:\n\n(a) there is a single charterer;\n\n(b) the dominant purpose of the flight is the transport of cargo;\n\n(c) the cargo is homogenous;\n\n(d) the cargo does not consist of or include a consignment consolidated by a person who carries on business as a freight forwarder.\n\nNote: Each of the following is an example of homogenous cargo for the purposes of paragraph (1)(c):\n\n(a) cargo consisting of electronics and computer equipment;\n\n(b) cargo consisting of meat of any number of kinds;\n\n(c) cargo consisting of animals (including livestock) of any number of species.\n\n> Note: Endnotes\n\n> Note: Endnote 1—About the endnotes\n\nThe endnotes provide information about this compilation and the compiled law.\n\nThe following endnotes are included in every compilation:\n\nEndnote 1—About the endnotes\n\nEndnote 2—Abbreviation key\n\nEndnote 3—Legislation history\n\nEndnote 4—Amendment history\n\nAbbreviation key—Endnote 2\n\nThe abbreviation key sets out abbreviations that may be used in the endnotes.\n\nLegislation history and amendment history—Endnotes 3 and 4\n\nAmending laws are annotated in the legislation history and amendment history.\n\nThe legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.\n\nThe amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.\n\nMisdescribed amendments\n\nA misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.\n\nIf a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.\n\n> Note: Endnote 2—Abbreviation key\n\n| ad = added or inserted | orig = original |\n| ---------------------------------------------- | ----------------------------------- |\n| am = amended | par = paragraph(s)/subparagraph(s) |\n| amdt = amendment | /sub‑subparagraph(s) |\n| c = clause(s) | pres = present |\n| C[x] = Compilation No. x | prev = previous |\n| Ch = Chapter(s) | (prev…) = previously |\n| def = definition(s) | Pt = Part(s) |\n| Dict = Dictionary | r = regulation(s)/rule(s) |\n| disallowed = disallowed by Parliament | reloc = relocated |\n| Div = Division(s) | renum = renumbered |\n| exp = expires/expired or ceases/ceased to have | rep = repealed |\n| effect | rs = repealed and substituted |\n| F = Federal Register of Legislation | s = section(s)/subsection(s) |\n| gaz = gazette | Sch = Schedule(s) |\n| LA = Legislation Act 2003 | Sdiv = Subdivision(s) |\n| LIA = Legislative Instruments Act 2003 | SLI = Select Legislative Instrument |\n| (md not incorp) = misdescribed amendment | SR = Statutory Rules |\n| cannot be given effect | Sub‑Ch = Sub‑Chapter(s) |\n| mod = modified/modification | SubPt = Subpart(s) |\n| No. = Number(s) | underlining = whole or part not |\n| o = order(s) | commenced or to be commenced |\n| Ord = Ordinance | |\n\n> Note: Endnote 3—Legislation history\n\n| Name | Registration | Commencement | Application, saving and transitional provisions |\n| -------------------------------------------------------------------------------------------- | ------------------------- | --------------------------- | ----------------------------------------------- |\n| Air Navigation (Exemption for Commercial Non-Scheduled Flights) Determination 2019 | 25 Mar 2019 (F2019L00378) | 26 Mar 2019 | |\n| Air Navigation (Exemption for Commercial Non-Scheduled Flights) Amendment Determination 2020 | 13 May 2020 (F2020L00571) | 14 May 2020 | - |\n| Air Navigation (Exemption for Commercial Non-Scheduled Flights) Amendment Determination 2021 | 22 Oct 2021 (F2021L01450) | 25 Oct 2021 (s 2(1) item 1) | - |\n| Air Navigation (Exemption for Commercial Non-Scheduled Flights) Amendment Determination 2023 | 14 Apr 2023(F2023L00435) | 14 Apr 2023 (s 2(1) item 1) | - |\n\n> Note: Endnote 4—Amendment history\n\n| Provision affected | How affected |\n| ------------------------------------------------------------ | ------------------------------------------------------------------------------ |\n| Part 1s 2 ……………………………….s 5 ………………………………. | rep LA s 48Drep LA s 48C |\n| Part 2s 7 ……………………………….s 8 ……………………………….Schedule 1 ……………………… | am F2020L00571; F2021L01450; F2023L00435am F2021L0450; F2023L00435rep LA s 48C |\n| | |","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation maintains its original narrow purpose of specifying exemption categories for commercial non-scheduled flights. The amendments since 2019 appear to be minor technical updates rather than scope expansion."},"complexity_factors":["Short instrument with only 10 operative sections","Minimal defined terms (only 4 explicit definitions in section 4, plus references to Act definitions)","Simple conditional structure with clear 'if all of the following apply' tests","Single cross-reference table (Table A) with straightforward numerical thresholds","No nested exceptions or complex temporal provisions","Clear categorical exemptions without overlapping conditions"],"plain_english_summary":"This Determination creates narrow exemptions allowing certain commercial non‑scheduled (charter) flights to operate in Australia without the usual Air Navigation Act permission. It covers one‑off charter flights, small passenger charter programs (with seat/flight limits and a 14‑day post‑start notification), company “own‑use” charters for staff, and single‑commodity cargo charters not consolidated by freight forwarders.\n\nIt trims red tape for small or internal charters while keeping oversight for larger commercial operations."},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"Endnotes record amendments to Part 2 (sections 7 and 8 and Schedule 1) in 2020, 2021 and 2023, indicating the exemption categories or numeric thresholds were modified after the original 2019 Determination. The compiled text does not reproduce previous wording, so the endnotes show scope has been changed but do not set out the prior provisions within this compilation."},"complexity_factors":["Cross‑references to the Air Navigation Act 1920 for core terms (definitions rely on subsection 3(1) and section 15) — see s4 Note 1 and Note 2.","Program thresholds in Table A set multiple numeric limits (maximum seating 10/40/80 and flight counts no limit/5/2) that must be applied to determine eligibility — see s8 and Table A.","14‑day written notice requirement to the Secretary for passenger programs with specified content drawn from subsection 15C(1)(a)–(g) of the Act — see s8(c).","Own‑use category requires checking a set list of qualifying passenger relationships (employees, members, directors, associates, contractors, agents, entitled passengers) — see s9(1)–(2).","Subjective eligibility tests such as 'dominant purpose' and 'homogenous' cargo require factual assessment by operators/charterers — see s10(b)–(c).","Express exclusion for consignments consolidated by freight forwarders that affects cargo charters — see s10(d).","Instrument applies whether or not flights form part of a program in several sections, so operators must classify flights accurately (see ss7–10).","Amendment history shows Part 2 (sections 7–8 and Schedule 1) was amended in 2020, 2021 and 2023, requiring attention to historical versions when comparing scope — see Endnotes 3–4."],"plain_english_summary":"This Determination exempts certain commercial non‑scheduled (charter) flights from needing permission under s15A of the Air Navigation Act 1920. It identifies qualifying categories — single charters; passenger programs limited by aircraft seating and flight counts (Table A) with a 14‑day notice to the Secretary; own‑use charters for a single charterer and specified passenger classes; and homogeneous‑cargo charters — shifting responsibility to charterers/operators to self‑assess eligibility and meet notification and documentation requirements."}},"importantCases":[],"_links":{"self":"/api/acts/air-navigation-exemption-for-commercial-non-scheduled-flights-determination-2019","history":"/api/acts/air-navigation-exemption-for-commercial-non-scheduled-flights-determination-2019/history","analysis":"/api/acts/air-navigation-exemption-for-commercial-non-scheduled-flights-determination-2019/analysis","conflicts":"/api/acts/air-navigation-exemption-for-commercial-non-scheduled-flights-determination-2019/conflicts","importantCases":"/api/acts/air-navigation-exemption-for-commercial-non-scheduled-flights-determination-2019/important-cases","documents":"/api/acts/air-navigation-exemption-for-commercial-non-scheduled-flights-determination-2019/documents"}}