{"id":"nsw:act-1964-036","name":"Air Transport Act 1964","slug":"air-transport-act-1964","collection":"act","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"36 of 1964","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":175809,"registerId":"nsw-nsw:act-1964-036-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name of Act and construction","content":"#### 1 Name of Act and construction\n\n1 Name of Act and construction\n\n> > (1) This Act may be cited as the [Air Transport Act 1964](/view/html/inforce/current/act-1964-036).\n> \n> > (2) This Act shall be read and construed subject to the [Commonwealth of Australia Constitution Act](http://www.legislation.gov.au/) and so as not to exceed the legislative power of the State, to the intent that where any provision of this Act or the application thereof to any person or circumstance is held invalid, the remainder of this Act and the application of the provision to other persons or circumstances shall not be affected.\n> \n> > (3)–(5) (Repealed)\n> \n> **s 1:** Am 1980 No 148, Sch 2 (2).","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Definitions","content":"#### 2 Definitions\n\n2 Definitions\n\n> > (1) In this Act, unless the context or subject matter otherwise indicates or requires:\n> > \n> > Carry means carry for reward or for any consideration or in the course of any trade or business.\n> > \n> > deregulated route means a route that is declared to be a deregulated route by an order in force under section 4A.\n> > \n> > Function includes power, authority and duty.\n> > \n> > Licence means licence issued under this Act and includes a renewal of any such licence.\n> > \n> > Secretary means the Secretary of the Department of Transport.\n> > \n> > Working Group means the State Aviation Working Group established by section 12A.\n> \n> > (2), (3) (Repealed)\n> \n> > (4) A reference in this Act to the exercise of a function includes, where the function is a duty, a reference to the discharge of that duty.\n> \n> > (5) (Repealed)\n> \n> **s 2:** Am 1980 No 148, Schs 1 (2), 2 (3); 1985 No 140, Sch 1; 1987 No 112, Sch 1 (1); 2006 No 21, Sch 1 \\[1\\]; 2012 No 95, Sch 2.1 \\[1\\]; 2015 No 58, Sch 3.6 \\[2\\].","sortOrder":1},{"sectionNumber":"2A","sectionType":"section","heading":null,"content":"#### 2A\n\n2A–2C (Repealed)","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Licensing of persons for the carriage intrastate of passengers","content":"#### 3 Licensing of persons for the carriage intrastate of passengers\n\n3 Licensing of persons for the carriage intrastate of passengers\n\n> > (1) A person shall not carry by an aircraft from a place in New South Wales to another place in New South Wales any passengers unless:\n> > \n> > > (a) the person is the holder of a licence under this Act, and\n> > \n> > > (b) if the person is operating or providing a regular air transport service, the route over which the passengers are carried is a route in respect of which the licence was granted.\n> > \n> > > (c) (Repealed)\n> \n> > (1A) For the purposes of subsection (1), a person is operating or providing a regular air transport service while carrying passengers over a particular route if aircraft operated by the person, whether alone or together with aircraft operated by some other person, are engaged in a service conducted by the person, whether alone or in association with any other such person:\n> > \n> > > (a) in accordance with fixed schedules over that route, or\n> > \n> > > (b) unless otherwise authorised by the Secretary, on 5 or more occasions within any period of 28 days over that route.\n> \n> > (1B) In exercising powers under subsection (1A) (b), the Secretary shall have regard to such of the matters specified in section 6 (3) as to the Secretary seems appropriate and to no other matters.\n> \n> > (2) A person who contravenes subsection (1) is guilty of an offence against this Act.\n> \n> > (3) This section does not apply to:\n> > \n> > > (a) the provision of a charter service, being any air transport service that is operated or provided otherwise than as a regular service over a particular route, or\n> > \n> > > (b) the provision of a regular air transport service over a deregulated route.\n> \n> > (4)–(7) (Repealed)\n> \n> **s 3:** Am 1980 No 148, Schs 1 (4), 2 (4); 1987 No 112, Sch 1 (3); 2006 No 21, Sch 1 \\[3\\]–\\[5\\].","sortOrder":4},{"sectionNumber":"3A","sectionType":"section","heading":null,"content":"#### 3A\n\n3A (Repealed)","sortOrder":5},{"sectionNumber":"4","sectionType":"section","heading":"Powers of authorised persons","content":"#### 4 Powers of authorised persons\n\n4 Powers of authorised persons\n\n> > (1) A person (in this section referred to as an authorised person) authorised in writing to do so by the Minister may require any person who appears to that authorised person to be concerned in, or employed in connection with, the conduct of any services for the carriage of passengers by aircraft to answer any question with respect to the use, in connection with those services, of any aircraft for the carriage from one place in New South Wales to another place in New South Wales of any passengers.\n> \n> > (2) Any person who fails to comply with a requirement of an authorised person made under subsection (1) or who answers in a false or misleading manner any question put to the person by an authorised person pursuant to that subsection is guilty of an offence against this Act.\n> \n> > (3) A person shall not be guilty of an offence under subsection (2) by reason of the person’s failure to answer any question if the person proves to the satisfaction of the court that the person did not know and could not with reasonable diligence have ascertained the answer to the question.\n> \n> > (4) A person shall not be excused from answering any question, if required to do so under subsection (1), on the ground that the answer might tend to criminate the person or make the person liable to a penalty, but the answer given by the person shall not be admissible against the person in any proceedings civil or criminal, except in proceedings for an offence arising under subsection (2).\n> \n> > (5) Where any answer to a question referred to in subclause (1), or any information whatsoever, is given to an authorised person by the prescribed officer of a corporation, such answer and information shall, for the purposes of any proceedings against the corporation for an offence arising under the provisions of section 3, be binding upon and admissible in evidence against the corporation, unless it is proved that the answer or information was given in relation to a matter in respect of which the prescribed officer had no authority to bind the corporation.\n> > \n> > The provisions of this subsection shall be in addition to and not in derogation from any rule of law relating to the binding effect and admissibility in evidence of statements made by any officer or employee of a corporation.\n> \n> > (6) Any person who communicates any information acquired by the person in the course of the administration of this Act except in accordance with the instruction in writing of the Minister or for the purpose of proceedings in any court is guilty of an offence against this Act.\n> \n> > (7) In this section prescribed officer of a corporation means the managing director, manager or other governing officer, by whatever name called or any member of the governing body of the corporation and, where any officer or employee of the corporation gives any information to an authorised person, whether in answer to a question or not, relating to any part of the operations of the corporation over which such officer or employee exercises any superintendence or control, includes that officer or employee.\n> \n> **s 4:** Am 1980 No 148, Schs 1 (5), 2 (5); 1987 No 112, Sch 1 (5).","sortOrder":7},{"sectionNumber":"4A","sectionType":"section","heading":"Deregulated routes","content":"#### 4A Deregulated routes\n\n4A Deregulated routes\n\n> > (1) The Minister may, by order published in the Gazette, declare specified routes or classes of routes to be deregulated routes for the purposes of this Act.\n> \n> > (2) In deciding whether to make such a declaration with respect to particular routes or classes of routes, the Minister must have regard to the following matters:\n> > \n> > > (a) the needs of the public of New South Wales as a whole, and of the public of any area or district, for air transport services along the routes concerned,\n> > \n> > > (b) fostering competition between airlines in relation to the routes concerned,\n> > \n> > > (c) the effect, if any, on the maintenance and development of adequate and reasonable public air transport services within New South Wales, of the operation of aircraft over the routes concerned,\n> > \n> > > (d) the effect, if any, on the economic development of, or on the environment in, any area or district within New South Wales, of the operation of aircraft over the routes concerned.\n> \n> **s 4A:** Ins 2006 No 21, Sch 1 \\[7\\].","sortOrder":8},{"sectionNumber":"5","sectionType":"section","heading":"Applications for licences","content":"#### 5 Applications for licences\n\n5 Applications for licences\n\n> > (1) An application for a licence shall:\n> > \n> > > (a) be lodged at the head office of Transport for NSW,\n> > \n> > > (b) be in writing and in a form approved by the Secretary,\n> > \n> > > (c) (Repealed)\n> > \n> > > (d) specify the route or routes, if any, in respect of which the application is made, and\n> > \n> > > (e) specify such particulars and contain such information as the Secretary may require.\n> > \n> > > (f), (g) (Repealed)\n> \n> > (2) An applicant for a licence shall furnish to the Secretary such additional particulars and information as the Secretary may require.\n> \n> **s 5:** Am 1971 No 58, sec 4; 1974 No 57, sec 5, 1980 No 148, Sch 1 (6); 1985 No 140, Sch 1; 1987 No 112, Sch 1 (6); 2006 No 21, Sch 1 \\[4\\] \\[8\\]; 2012 No 95, Sch 2.1 \\[2\\].","sortOrder":9},{"sectionNumber":"6","sectionType":"section","heading":"Consideration of applications for licences","content":"#### 6 Consideration of applications for licences\n\n6 Consideration of applications for licences\n\n> > (1) The Secretary may grant or refuse any application for a licence.\n> \n> > (2) A licence may be granted subject to or not subject to conditions.\n> \n> > (3) In deciding whether to grant or refuse a licence and the conditions, if any, subject to which it should be granted, the Secretary shall have regard to such of the following matters as seem appropriate and to no other matters:\n> > \n> > > (a) the needs, in relation to air transport services, of the public of New South Wales as a whole and of the public of any area or district to be served by the route or routes, or by any of the routes, specified in the application for the licence,\n> > \n> > > (b) (Repealed)\n> > \n> > > (c) the allocation of routes for public air transport services so as to foster as far as possible the existence of more than one airline operating in New South Wales capable of providing adequate and reasonable public air transport services within New South Wales and so as to discourage the development of any monopoly of public air transport services within New South Wales,\n> > \n> > > (d) where the applicant is an individual, the applicant’s character and suitability and fitness to hold the licence applied for and, where the applicant is a corporation, the character of the persons responsible for the management or conduct of the corporation and the suitability and fitness of the corporation to hold the licence applied for,\n> > \n> > > (e) (Repealed)\n> > \n> > > (f) the effect, if any, on the maintenance and orderly development of adequate and reasonable public air transport services within New South Wales, of the operation of aircraft by the applicant over the route or routes specified in the application,\n> > \n> > > (g) the effect, if any, on the economic development of, or on the environment in, any area within New South Wales, of the operation of aircraft by the applicant over the route or routes specified in the application,\n> > \n> > > (h) whether the applicant and the applicant’s aircraft, pilots and passengers will be adequately insured,\n> > \n> > > (i) the ownership of, or the extent of the applicant’s rights to operate, the aircraft to be used by the applicant.\n> \n> **s 6:** Am 1980 No 148, Sch 1 (7); 1987 No 112, Sch 1 (7); 2006 No 21, Sch 1 \\[4\\] \\[9\\].","sortOrder":10},{"sectionNumber":"7","sectionType":"section","heading":"Licences","content":"#### 7 Licences\n\n7 Licences\n\n> > (1) A licence shall be in such form as the Secretary may determine and shall specify any route or routes in respect of which it is granted.\n> \n> > (2) A licence shall commence and expire on such days as are specified in the licence.\n> \n> > (3) (Repealed)\n> \n> **s 7:** Am 1980 No 148, Sch 1 (8). Subst 1987 No 112, Sch 1 (8). Am 2006 No 21, Sch 1 \\[4\\] \\[10\\].","sortOrder":11},{"sectionNumber":"8","sectionType":"section","heading":"Revocation, suspension and variation of licences","content":"#### 8 Revocation, suspension and variation of licences\n\n8 Revocation, suspension and variation of licences\n\n> > (1) Where at any time, the Secretary, having regard to such of the matters specified in section 6 (3) as seem appropriate and to no other matters, is of opinion that it is desirable to do so, the Secretary may by notice in writing served on the holder of a licence:\n> > \n> > > (a) revoke or vary, as on and from a date specified in the notice, or suspend for a period or periods so specified, the licence or any of the particulars or conditions thereof, or\n> > \n> > > (b) attach to the licence, as on and from a date so specified, any further or new condition.\n> \n> > (2) A notice under subsection (1):\n> > \n> > > (a) shall have effect according to its tenor, and\n> > \n> > > (b) may be served, in the case of an individual, personally or by sending it by post to the holder of the licence at the address last notified to the Secretary by the holder of the licence or, in the case of a corporation, in the manner mentioned in section 109X or 601CX of the [Corporations Act 2001](http://www.legislation.gov.au/) of the Commonwealth.\n> \n> > (3) Without limiting the generality of subsection (1), the Secretary may revoke, or suspend for such period as the Secretary thinks fit, a licence if the holder fails to comply with any of the provisions of this Act or of the regulations or with any of the conditions attached to the licence.\n> \n> > (4) The Secretary may exercise any of the powers conferred by subsection (1) or (3) notwithstanding that at the time the power is exercised the licence is suspended.\n> \n> **s 8:** Am 1980 No 148, Schs 1 (9), 2 (6); 1981 No 123, Sch 8; 1987 No 112, Sch 1 (9); 2001 No 34, Sch 2.1; 2006 No 21, Sch 1 \\[4\\].","sortOrder":12},{"sectionNumber":"9","sectionType":"section","heading":"Non-compliance with conditions","content":"#### 9 Non-compliance with conditions\n\n9 Non-compliance with conditions\n\n> A person who neglects or fails to comply with any condition attached to a licence of which the person is the holder is guilty of an offence against this Act.","sortOrder":13},{"sectionNumber":"10","sectionType":"section","heading":null,"content":"#### 10\n\n10 (Repealed)","sortOrder":14},{"sectionNumber":"10A","sectionType":"section","heading":"Administrative review by Civil and Administrative Tribunal","content":"#### 10A Administrative review by Civil and Administrative Tribunal\n\n10A Administrative review by Civil and Administrative Tribunal\n\n> > (1) An applicant for a licence may apply to the Civil and Administrative Tribunal for an administrative review under the [Administrative Decisions Review Act 1997](/view/html/inforce/current/act-1997-076) of any decision made by the Secretary with respect to the application.\n> \n> > (2) A person whose licence has been varied or revoked by the Secretary may apply to the Civil and Administrative Tribunal for an administrative review under the [Administrative Decisions Review Act 1997](/view/html/inforce/current/act-1997-076) of the Secretary’s decision to vary or revoke the licence.\n> \n> **s 10A:** Ins 2006 No 21, Sch 1 \\[12\\]. Subst 2013 No 95, Sch 2.5.","sortOrder":16},{"sectionNumber":"11","sectionType":"section","heading":"Evidence of licence","content":"#### 11 Evidence of licence\n\n11 Evidence of licence\n\n> > (1) A certificate purporting to be signed by the officer for the time being in charge of the records kept under this Act stating that a person is or is not, or was or was not on any day or during any period, the holder of a licence, or that particulars or conditions are, or were, on a specified day, particulars or conditions contained in or attached to a licence, or that any particulars are not, or were not, on a specified day, contained in a licence, shall in all courts and before all persons be prima facie evidence of the matters stated in the certificate without proof of the signature or official character of the person purporting to sign the certificate.\n> \n> > (2) The Minister may give a certificate stating:\n> > \n> > > (a) that a specified person was or was not authorised under section 3 (1A) (b) to operate aircraft over a specified route on a specified day or during a specified period, and\n> > \n> > > (b) where the person was so authorised, the terms of the authorisation.\n> \n> > (3) A certificate purporting to have been given pursuant to subsection (2) shall in all courts and before all persons be prima facie evidence of the matters stated in the certificate without proof of the signature or official character of the person purporting to have signed the certificate.\n> \n> **s 11:** Am 1982 No 106, Sch 1 (1).","sortOrder":17},{"sectionNumber":"11A","sectionType":"section","heading":"Delegation of Secretary’s functions","content":"#### 11A Delegation of Secretary’s functions\n\n11A Delegation of Secretary’s functions\n\n> The Secretary may delegate to any person any of the Secretary’s functions under this Act, other than this power of delegation.\n> \n> **s 11A:** Ins 1980 No 148, Sch 1 (10). Am 1982 No 106, Sch 1 (2); 1987 No 112, Sch 1 (11). Subst 2006 No 21, Sch 1 \\[13\\].","sortOrder":18},{"sectionNumber":"12","sectionType":"section","heading":"Penalties and proceedings for offences against Act or regulations","content":"#### 12 Penalties and proceedings for offences against Act or regulations\n\n12 Penalties and proceedings for offences against Act or regulations\n\n> > (1) A person who is guilty of an offence against this Act is liable to a penalty not exceeding 50 penalty units or to imprisonment for a period not exceeding 12 months or to both that penalty and imprisonment.\n> \n> > (2) All proceedings for offences against this Act or the regulations shall be disposed of summarily before the Local Court.\n> \n> > (3) Proceedings for an offence against this Act may be commenced at any time within 2 years after the commission of the offence.\n> \n> > (4) (Repealed)\n> \n> **s 12:** Am 1980 No 148, Sch 1 (11); 1982 No 106, Sch 1 (3); 1992 No 112, Sch 1; 1999 No 31, Sch 4.2; 2001 No 121, Sch 2.8 \\[1\\] \\[2\\]; 2007 No 94, Sch 2.","sortOrder":19},{"sectionNumber":"12A","sectionType":"section","heading":"Establishment of State Aviation Working Group","content":"#### 12A Establishment of State Aviation Working Group\n\n12A Establishment of State Aviation Working Group\n\n> > (1) There is to be a State Aviation Working Group, whose members are to include:\n> > \n> > > (a) a person employed in the Transport Service who is appointed by the Secretary,\n> > \n> > > (b) a person employed in the Department of Planning and Environment who is appointed by the Secretary of that Department,\n> > \n> > > (c) a member of staff of Destination NSW who is appointed by the Chief Executive Officer of Destination NSW,\n> > \n> > > (d) a person employed in the Department of Industry, Skills and Regional Development who is appointed by the Secretary of that Department,\n> > \n> > > (e) a person appointed by the Minister on the nomination of the Shires Association of New South Wales,\n> > \n> > > (f) a person appointed by the Minister on the nomination of the Regional Aviation Association of Australia,\n> > \n> > > (g) a person appointed by the Minister on the nomination of the Australian Airports Association.\n> \n> > (2) The member referred to in subsection (1) (a) is the Chairperson of the Working Group.\n> \n> > (3) Schedule 1 has effect with respect to the constitution and procedure of the Working Group.\n> \n> **s 12A:** Ins 2006 No 21, Sch 1 \\[14\\]. Am 2012 No 95, Sch 2.1 \\[3\\]; 2015 No 58, Sch 3.6 \\[3\\].","sortOrder":20},{"sectionNumber":"12B","sectionType":"section","heading":"Functions of State Aviation Working Group","content":"#### 12B Functions of State Aviation Working Group\n\n12B Functions of State Aviation Working Group\n\n> The Working Group has the following functions in relation to the provision of air transport services within New South Wales:\n> \n> > (a) to advise the Secretary (and, through the Secretary, the Minister) on matters relating to the regulation of those services, including the policies and strategies to be adopted in relation to those services,\n> \n> > (b) to provide information concerning the regulation of those services to persons having an interest in the provision of those services, including both State and local government agencies,\n> \n> > (c) to seek the views of persons having an interest in the provision of those services in relation to the regulation of those services.\n> \n> **s 12B:** Ins 2006 No 21, Sch 1 \\[14\\].","sortOrder":21},{"sectionNumber":"13","sectionType":"section","heading":"Regulations","content":"#### 13 Regulations\n\n13 Regulations\n\n> > (1) The Governor may make regulations not inconsistent with this Act for or with respect to:\n> > \n> > > (a) the provision to the Secretary, by persons involved in the operation or provision of air transport services within New South Wales, of statistical information concerning the operation or provision of those services, and\n> > \n> > > (a1) (Repealed)\n> > \n> > > (b) generally 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> \n> > (2) The regulations may impose a penalty not exceeding 2 penalty units for any breach thereof.\n> \n> > (3) (Repealed)\n> \n> > (4) A regulation may:\n> > \n> > > (a) apply generally or be limited in its application by reference to specified exceptions or factors,\n> > \n> > > (b) apply differently according to different factors of a specified kind, or\n> > \n> > > (c) authorise any matter or thing to be from time to time determined, applied or regulated by any specified person or body,\n> > \n> > or may do any combination of those things.\n> \n> **s 13:** Am 1980 No 148, Schs 1 (12), 2 (8); 1985 No 140, Sch 1; 1987 No 48, Sch 32; 1987 No 112, Sch 1 (12); 1992 No 112, Sch 1; 2006 No 21, Sch 1 \\[15\\].","sortOrder":22},{"sectionNumber":"14","sectionType":"section","heading":null,"content":"#### 14\n\n14–17 (Repealed)","sortOrder":23},{"sectionNumber":"18","sectionType":"section","heading":"Obligations under other laws","content":"#### 18 Obligations under other laws\n\n18 Obligations under other laws\n\n> Nothing in this Act relieves a person of any obligation to hold or effect any licence or registration which the person is otherwise by law required to hold or effect.","sortOrder":25},{"sectionNumber":"19","sectionType":"section","heading":"Savings, transitional and other provisions","content":"#### 19 Savings, transitional and other provisions\n\n19 Savings, transitional and other provisions\n\n> Schedule 2 has effect.\n> \n> **s 19:** Rep 1980 No 148, Sch 1 (13). Ins 2006 No 21, Sch 1 \\[16\\].","sortOrder":26},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":"Constitution and procedure of State Aviation Working Group","content":"# Schedule 1 Constitution and procedure of State Aviation Working Group\n\nSchedule 1 Constitution and procedure of State Aviation Working Group\n\n(Section 12A)\n\n**sch 1:** Ins 1980 No 148, Sch 1 (14). Am 1987 No 48, Sch 32. Subst 1987 No 112, Sch 1 (13). Am 1991 No 17, Sch 1; 1999 No 94, sec 7 (2) and Sch 5, Part 2. Subst 2006 No 21, Sch 1 \\[17\\]. Am 2015 No 58, Sch 3.6 \\[4\\] \\[5\\].","sortOrder":27},{"sectionNumber":"Part 1","sectionType":"part","heading":"General","content":"# Part 1 General\n\nPart 1 General","sortOrder":28},{"sectionNumber":"Part 2","sectionType":"part","heading":"Constitution","content":"# Part 2 Constitution\n\nPart 2 Constitution","sortOrder":30},{"sectionNumber":"Part 3","sectionType":"part","heading":"Procedure","content":"# Part 3 Procedure\n\nPart 3 Procedure","sortOrder":38},{"sectionNumber":"15","sectionType":"section","heading":"First meeting","content":"#### 15 First meeting\n\n15 First meeting\n\n> The Minister may call the first meeting of the Working Group in such manner as the Minister thinks fit.","sortOrder":45},{"sectionNumber":"Schedule 2","sectionType":"schedule","heading":"Savings, transitional and other provisions","content":"# Schedule 2 Savings, transitional and other provisions\n\nSchedule 2 Savings, transitional and other provisions\n\n(Section 19)\n\n**sch 2:** Ins 1987 No 112, Sch 1 (13). Subst 2006 No 21, Sch 1 \\[17\\].","sortOrder":46}],"analysis":{"issue_detection":{"absurdities":[{"type":"other","section":"Status Information / Proposed Repeal Note","severity":"high","reasoning":"A repeal trigger tied to the commencement of a specific provision of a 2014 Act that has demonstrably not been triggered by 2026 suggests either the trigger provision itself has never been proclaimed, or the repeal mechanism is defective. This creates an indefinite state of legislative suspension that undermines legal certainty and renders the 'proposed repeal' note functionally meaningless after more than a decade.","confidence":0.85,"description":"The Act is described as being in force with a current version 'to date' (accessed 5 April 2026), yet it carries a standing note that it is to be repealed upon commencement of section 179 of the Passenger Transport Act 2014. The Passenger Transport Act 2014 was enacted over a decade ago, raising a serious question as to why section 179 has apparently never been proclaimed to commence, leaving a 1964 Act in legal limbo for more than ten years."},{"type":"other","section":"Whole Act / History Note (2015 Amendment)","severity":"medium","reasoning":"Wholesale textual substitution of an office-holder title across an entire Act without section-by-section review risks logical inconsistency where the original office carried specific statutory characteristics not replicated in the replacement office. While common legislative drafting practice, the absence of any savings or transitional provision addressing pending exercises of the Director-General's powers creates a potential gap.","confidence":0.55,"description":"The amendment substituting 'Director-General' with 'Secretary' throughout the entire Act was applied as a blanket textual substitution (2015 No 58, Sch 3.6 [1]). If the Act contains any provisions that confer powers or duties on the 'Director-General' that are constitutionally or structurally distinct from those of a 'Secretary' under the Government Sector Employment Act 2013 framework, the blunt substitution may have inadvertently altered the legal character or scope of those powers without substantive parliamentary consideration."},{"type":"other","section":"Status Information — Currency Statement","severity":"low","reasoning":"While not a logical flaw within the operative provisions of the Act itself, the metadata creates an internal inconsistency: a currency assurance tied to a 3-working-day update window sits alongside a decade-old modification date, undermining confidence in the reliability of the published version.","confidence":0.5,"description":"The status information states the legislation is 'usually updated within 3 working days after a change to the legislation,' yet the file is noted as last modified on 15 January 2016. As of the access date of 5 April 2026, this implies either no changes have occurred in over ten years (plausible but notable for an active transport statute) or the currency guarantee is not being met."}],"contradictions":[{"severity":"medium","section_a":"Status Information — 'Provisions in force: The provisions displayed in this version of the legislation have all commenced.'","section_b":"Notes — 'Proposed repeal: The Act is to be repealed on the commencement of sec 179 of the Passenger Transport Act 2014 No 46.'","confidence":0.7,"description":"The status information certifies that all displayed provisions are 'in force,' while simultaneously noting a pending repeal contingent on the commencement of an external provision. These two statements are not strictly contradictory in isolation, but together they imply that the Act is simultaneously fully operative and conditionally non-operative pending an external trigger that may already have been met without being reflected in this version, creating potential confusion about the Act's true legal status."}]},"summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"The Act appears to have narrowed in practical scope over time. Originally enacted as standalone air transport regulation, it is now being absorbed into the broader Passenger Transport Act 2014, suggesting the legislature has moved toward consolidating transport regulation across modes rather than maintaining separate air-specific legislation. The administrative amendment replacing 'Director-General' with 'Secretary' also reflects structural changes in how the government administers the law, indicating an evolving regulatory environment beyond the original 1964 intent."},"complexity_factors":["The document provided contains only metadata, status information, and administrative notes — not the full substantive text of the Act, making comprehensive analysis impossible","The Act has been amended multiple times across several decades, creating a layered amendment history that requires tracking changes over time","The pending repeal mechanism (triggered by commencement of a section in a separate Act) creates a conditional legal status that can be confusing to navigate","Interaction between this Act and the Passenger Transport Act 2014 adds a cross-legislative dimension","The Act originates from 1964, meaning its language and structure may reflect older drafting conventions"],"plain_english_summary":"## Air Transport Act 1964 (NSW)\n\n**What is this?**\nThis is a New South Wales law from 1964 that regulates air transport services. However, based on the version available, the document provided contains primarily administrative and metadata information rather than the full substantive text of the Act itself.\n\n**Key things to know:**\n- This Act is **effectively a zombie law** — it still technically exists on the books but has been marked for repeal (cancellation) once a specific section of the *Passenger Transport Act 2014* kicks in. In practical terms, it is being phased out and replaced by newer, more modern transport legislation.\n- It falls under the **NSW Minister for Transport**, meaning it deals with state-level regulation of air transport within NSW.\n- The most recent substantive change (January 2016) was purely administrative — replacing the title \"Director-General\" with \"Secretary\" throughout the Act, reflecting a bureaucratic restructure.\n- The Act has been updated multiple times since 2000, suggesting it has been actively maintained over the decades.\n\n**Who does this affect?**\n- Primarily **air transport operators** and businesses providing air passenger services in NSW.\n- Government agencies and officials responsible for transport administration.\n- Ordinary passengers would be affected indirectly through the licensing and regulatory framework the Act creates.\n\n**Bottom line:** This is an aging piece of legislation in its twilight years. Its practical significance is limited because it is scheduled to be replaced by more modern transport law. If you're a business or individual seeking to understand current air transport rules in NSW, the *Passenger Transport Act 2014* is the more relevant document to examine."},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"The Act’s scope has shifted from a strict route-licensing regime toward a mixed regime combining licensing with the capacity for route deregulation. The Minister gained power to declare deregulated routes (s 4A(1)), which exempts regular services on those routes from the licence requirement (s 3(3)(b)). The Act also replaced earlier institutional arrangements by creating a State Aviation Working Group to advise the Secretary and Minister (s 12A, s 12B and Sch 1) and contains transitional provisions addressing the abolition of the Air Transport Council and past fee arrangements (Sch 2 cl 2–3). These changes move some control from ex ante licence allocation to ministerial deregulation decisions and market entry on declared routes, while preserving Secretary discretion over licensing and enforcement (s 6, s 8)."},"complexity_factors":["Discretionary powers concentrated in executive officers (Secretary and Minister) with statutory lists of matters to consider (s 6(3), s 4A(2))","Multiple procedural and compliance elements: licence application formality and supplementary information (s 5), investigatory powers and admissibility rules (s 4), and penalties (s 12)","Cross-references to other instruments and statutes (Gazette orders for deregulation s 4A(1); Corporations Act service of notices s 8(2)(b); Administrative Decisions Review Act for tribunal review s 10A)","Repealed and amended provisions scattered through the Act and transitional savings in Schedule 2, requiring attention to historical changes","Institutional overlay of an advisory working group with its own constitution, appointment rules and conflict of interest regime (s 12A, Sch 1 cl 2–7)","Delegation and administrative review mechanisms that alter decision flow and potential for task-shifting (s 11A, s 10A)"],"plain_english_summary":"What this law does, in plain terms\n\n- The Act controls who may carry fare-paying passengers by aircraft within New South Wales. It requires operators to hold licences for intrastate passenger services (s 3). Licences specify the route(s) and the period for which they are valid (s 7).\n\n- The Secretary of the Department of Transport is the main decision-maker for licences. The Secretary decides whether to grant or refuse applications, may attach conditions, and may revoke or suspend licences having regard to a list of specified matters (s 5, s 6, s 8). The Secretary may delegate functions except the power of delegation itself (s 11A).\n\n- The Minister can declare particular routes or classes of routes to be \"deregulated routes\" by Gazette order (s 4A(1)). Where a route is deregulated, the licence requirement for regular services over that route does not apply (s 3(3)(b)). In deciding whether to deregulate, the Minister must have regard to matters expressly listed in the Act, including public needs, competition, service adequacy, and economic and environmental effects (s 4A(2)(a)–(d)).\n\nWho pays, who complies, and what risks of sanction exist\n\n- Operators who carry passengers on intrastate routes must hold an Act licence unless the service is a charter or the route is deregulated (s 3(1), s 3(3)). Licence applicants must lodge an application at Transport for NSW in a Secretary-approved form and supply any additional information the Secretary requires (s 5(1)(a)–(b), s 5(1)(e), s 5(2)).\n\n- Failure to hold a required licence, failure to comply with licence conditions, or giving false or misleading answers when questioned by authorised officers are offences. Penalties for offences under the Act may be up to 50 penalty units and/or up to 12 months imprisonment; summary proceedings are dealt with in the Local Court and must generally be commenced within 2 years (s 3(2), s 4(2), s 9, s 12(1)–(3)). Regulations may also impose small penalties (up to 2 penalty units) (s 13(2)).\n\n- The Minister may authorise persons in writing to question those involved in air services; non‑compliance or misleading answers are offences, but answers that would incriminate a person are not admissible against them except for offences under the questioning provision itself (s 4(1)–(4)). Corporations are bound by answers given by prescribed officers unless those officers lacked authority to bind the corporation (s 4(5)).\n\nDecision-making discretion, administrative structure and review\n\n- The Secretary exercises broad, discretionary powers to grant, condition, vary, suspend or revoke licences, and must consider only the matters listed in s 6(3) (for grants) and s 8(1) (for variation/revocation). Those listed matters include public needs, fostering multiple operators to avoid monopoly, fitness and insurance of the applicant, effects on economic development and the environment, and aircraft ownership or operating rights (s 6(3)(a), (c), (d), (f)–(i)).\n\n- The Act establishes a State Aviation Working Group as an advisory body to the Secretary and Minister (s 12A, s 12B). The Group’s composition and internal rules (appointments, terms, conflicts of interest, quorum, minutes, etc.) are set out in Schedule 1. Ministerial appointees are part-time and may be paid remuneration determined by the Minister (Sch 1 cl 3–4).\n\n- Applicants and licence-holders have access to administrative review: they may seek review by the Civil and Administrative Tribunal under the Administrative Decisions Review Act 1997 of Secretary decisions on applications and licence variation or revocation (s 10A).\n\nOfficial purpose statements and the practical trade-offs they create\n\n- The Act allows the Minister to deregulate routes and expressly lists objectives to be considered when doing so, including fostering competition and public needs (s 4A(2)). The Act therefore formally links deregulation to competition and service outcomes.\n\n- Mechanically, deregulation removes the licence requirement for regular services on declared routes (s 3(3)(b), s 4A(1)). That reduces administrative and licensing costs for operators on those routes but also reduces the Secretary’s route-allocation control (compare s 3 and s 6). This shifts more of the entry and competitive dynamics to market participants, while the Secretary and Minister retain power to declare deregulation and to require statistical information by regulation (s 4A(1), s 13(1)(a)).\n\n- The Act concentrates decision power in executive actors: the Minister decides deregulation (s 4A(1)) and the Secretary controls licensing, conditions and enforcement (s 6, s 8). The Secretary’s discretion is bounded only by the list of matters the Secretary may consider (s 6(3)) and subject to review by the Civil and Administrative Tribunal (s 10A). Delegation permits the Secretary to allocate functions to others (s 11A), increasing implementation flexibility but also shifting where operational decisions are made.\n\nCompliance burden, information flows and enforcement\n\n- The compliance burden falls primarily on operators: to apply in the required form, supply information, satisfy fitness and insurance criteria listed in s 6(3), and comply with licence conditions once granted (s 5, s 6(3), s 9). The Secretary can require additional particulars (s 5(2)).\n\n- The Secretary and Minister have investigatory tools: authorised persons may compel answers and information from individuals and prescribed officers of corporations (s 4(1), s 4(5)), and regulations can require statistical reporting from operators (s 13(1)(a)). Misuse or leakage of information is criminalised except in limited circumstances (s 4(6)).\n\nImplementation risks and opportunity costs (source-grounded)\n\n- Because the Act vests route-declaration power in the Minister and licensing discretion in the Secretary, outcomes depend on how those actors exercise judgment within the statutory factors (s 4A(2), s 6(3)). The Act builds in mechanisms for administrative review (s 10A), but operational uncertainty can arise from delegated decision-making (s 11A) and the range of matters the Secretary may (selectively) consider (s 6(3)).\n\n- Removing licensing on deregulated routes shifts resource costs from the regulator to market participants and to the broader community in the sense that the Secretary will have fewer regulatory levers over services on those routes (compare s 3 and s 4A). Conversely, maintaining licensing gives the Secretary tools to condition and shape service provision (s 6, s 8). The Act does not itself set fees in the text provided; historic fees are addressed in Schedule 2 transitional clauses (Sch 2 cl 3).\n\nBottom line, mechanically\n\n- To operate regular intrastate passenger services you need a licence unless the route is declared deregulated or the service is a charter (s 3, s 4A). The Secretary decides on licences and can attach or vary conditions (s 6, s 8). The Minister declares deregulated routes and appoints members to an advisory Working Group (s 4A, s 12A). Enforcement powers, penalties and administrative review mechanisms are set out in the Act (s 4, s 12, s 10A)."},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":true,"description":"The legislation has evolved significantly from its original 1964 form. The 2006 amendments substantially restructured the regime: abolishing the Air Transport Council (which previously had licensing powers) and transferring those powers to the Secretary of Transport; introducing the concept of 'deregulated routes' to allow competition without individual licences; establishing the State Aviation Working Group as an advisory body; and modernising appeal mechanisms to the Civil and Administrative Tribunal. The original Act appears to have been more prescriptive about route licensing, while the current version creates a hybrid regulatory model with both licensed and deregulated routes."},"complexity_factors":["Multiple repealed sections and subsections throughout (sections 2A–2C, 3A, 10, 14–17, and numerous subsections marked 'Repealed')","Cross-references to external legislation including the Corporations Act 2001 (Cth), Administrative Decisions Review Act 1997, and Government Sector Employment Act 2013","Nested definitions in section 2 with conditional logic ('unless the context or subject matter otherwise indicates or requires')","Complex procedural rules in Schedule 1 for the Working Group including quorum requirements, voting procedures, and remote participation rules","Savings and transitional provisions in Schedule 2 dealing with the abolition of the Air Transport Council","Interaction between licensing exemptions (charter services vs deregulated routes) requiring careful parsing of section 3(3)","Evidentiary provisions in section 11 with specific rules about certificates and their admissibility","Self-executing provisions regarding use of answers given under compulsion (section 4(4)) with carve-outs for false/misleading answers"],"plain_english_summary":"**What this law does:**\n\nThis is a New South Wales law that controls who can fly passengers between places within NSW (intrastate air travel). It requires airlines to get a licence from the Secretary of Transport before operating regular passenger services on specific routes.\n\n**Key points:**\n\n- **Licensing requirement:** You generally cannot carry paying passengers between two NSW locations by air unless you hold a licence for that specific route (section 3).\n- **Exceptions:** The licensing rules don't apply to charter flights (one-off trips, not regular scheduled services) or to \"deregulated routes\" (routes declared by the Minister as open to competition without individual licences) (sections 3(3) and 4A).\n- **Who decides:** The Secretary of Transport grants or refuses licences, and can attach conditions. When deciding, they must consider public need, competition, environmental impacts, insurance, and whether the applicant is fit to hold a licence (section 6).\n- **Enforcement:** Authorised officers can question people about air services, and it's an offence to give false answers or refuse to answer (though you can't be forced to self-incriminate, and your answers generally can't be used against you in court) (section 4).\n- **Penalties:** Breaking the Act can result in fines up to 50 penalty units, up to 12 months in prison, or both (section 12).\n- **Review:** If your licence application is refused or your licence is revoked or varied, you can appeal to the Civil and Administrative Tribunal (section 10A).\n- **Advisory body:** The State Aviation Working Group advises on air transport policy. It includes government representatives and industry nominees (sections 12A–12B and Schedule 1).\n\n**Why it matters:**\n\nThis law balances two competing goals: protecting established airlines by limiting competition on certain routes (through the licensing system), while allowing market competition on \"deregulated routes.\" It ensures safety standards, adequate insurance, and public need are considered before airlines can operate regular services within NSW."}},"importantCases":[],"_links":{"self":"/api/acts/air-transport-act-1964","history":"/api/acts/air-transport-act-1964/history","analysis":"/api/acts/air-transport-act-1964/analysis","conflicts":"/api/acts/air-transport-act-1964/conflicts","importantCases":"/api/acts/air-transport-act-1964/important-cases","documents":"/api/acts/air-transport-act-1964/documents"}}