{"id":"air-transport-route-licensing-passenger-services-act-2002","name":"Air Transport (Route Licensing—Passenger Services) Act 2002","slug":"air-transport-route-licensing-passenger-services-act-2002","collection":"act","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":31525,"registerId":"sa-air-transport-route-licensing-passenger-services-act-2002-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Air Transport (Route Licensing—Passenger Services) Act 2002","content":"South Australia\nAir Transport (Route Licensing—Passenger Services) Act 2002\nAn Act to establish a licensing system for regular passenger air services on declared routes between airports in the State; and for other purposes.\n\nContents\nPart 1—Preliminary\n1\tShort title\n3\tInterpretation\n4\tPrescribed criteria\nPart 2—Declared routes\n5\tDeclared routes\nPart 3—Route service licences\n6\tRequirement for licence\n7\tApplications for licences\n8\tConditions\n9\tSpecial terms\n10\tAssignment of rights under licence\n11\tSpecial fees\n12\tExisting operators\n13\tReport to Parliament\n14\tOther matters\nPart 4—Reviews\n15\tReviews\nPart 5—Miscellaneous\n16\tAuthorised officers\n17\tDelegations\n18\tExemptions\n19\tAnnual reports\n21\tFalse or misleading information\n22\tContinuing offence\n24\tEvidentiary\n25\tObligations under other laws\n26\tRegulations\nLegislative history\n\nThe Parliament of South Australia enacts as follows:\nPart 1—Preliminary\n1—Short title\nThis Act may be cited as the Air Transport (Route Licensing—Passenger Services) Act 2002.\n3—Interpretation\n\t(1)\tIn this Act, unless the contrary intention appears—\nair service means a service provided by aircraft between airports in the State;\nCASA means the Civil Aviation Safety Authority;\ncharter service means a passenger service where—\n\t(a)\tseats on the aircraft are not made available to members of the public generally; and\n\t(b)\tthe service satisfies any other criteria prescribed by the regulations for the purposes of this definition,\nbut does not include any service of a class excluded by the regulations from the ambit of this definition;\ndeclared route—see section 5(1);\npassenger service means an air service involving the carriage of passengers for a fare or other consideration;\nroute service licence means a licence under Part 3;\nscheduled air service means—\n\t(a)\ta passenger service conducted between two airports in the State according to a fixed schedule; or\n\t(b)\tany other passenger service of a class prescribed by the regulations for the purposes of this definition,\nbut does not include any service of a class excluded by the regulations from the ambit of this definition;\nTribunal means the South Australian Civil and Administrative Tribunal established under the South Australian Civil and Administrative Tribunal Act 2013.\n\t(2)\tFor the purposes of this Act, a route between any two places will be taken to be constituted by any route that an aircraft may take when flying between those two places.\n\t(3)\tFor the purposes of this Act, a person who operates a scheduled air service between two airports to which a declared route relates will be taken to be operating the service on the declared route.\n4—Prescribed criteria\n\t(1)\tIn making a decision under this Act as to the number of route service licences that should be awarded for a particular route, and to whom a route service licence should be awarded, the Minister must take into account the following (insofar as the Minister thinks appropriate and without limiting any other matter that the Minister may consider relevant):\n\t(a)\tthe extent to which a particular arrangement may result in a monopoly, or a market share that is close to a monopoly, in the provision of air services within the State;\n\t(b)\tthe benefits in maintaining and developing sustainable air services, and competition between the operators of air services, within the State;\n\t(c)\tthe steps that may need to be taken to promote or encourage the efficient operation of air services within the State, and innovation in the delivery of air services;\n\t(d)\tthe public benefits that may accrue if air services are maintained or encouraged within the State.\n\t(2)\tFor the purposes of subsection (1), a reference to the State includes a part of the State.\nPart 2—Declared routes\n5—Declared routes\n\t(1)\tThe Minister may, by notice in the Gazette, declare a route between two airports in the State to be a declared route for the purposes of this Act.\n\t(2)\tA notice under subsection (1) must include—\n\t(a)\ta description of the route; and\n\t(b)\tinformation on the number of route service licences that the Minister expects to be made available for the relevant route; and\n\t(c)\tinformation about the conditions that may be fixed in relation to a route service licence; and\n\t(d)\tinformation on the process for making an application for a route service licence,\nand may include other information the Minister considers appropriate.\n\t(3)\tThe Minister should not declare a route to be a declared route unless the Minister is satisfied that it is in the public interest that the declaration be made in order to encourage an operator or operators of air services to establish, maintain, re-establish, increase or improve scheduled air services on the route.\n\t(4)\tThe Minister must, in connection with the operation of subsection (3), take into account—\n\t(a)\tthe apparent public demand for scheduled air services on the relevant route; and\n\t(b)\tthe publicly declared intentions of any operator, or potential operator, of scheduled air services on the relevant route; and\n\t(c)\tany economic or social costs that may be suffered by a local community if a declaration is not made; and\n\t(d)\tthe extent to which scheduled air services may improve if a declaration is made; and\n\t(e)\tthe adequacy of alternative transport services that are available, or might become available if a declaration is not made, to members of the local communities within the vicinity of the relevant airports; and\n\t(f)\tfinancial issues associated with the operation of scheduled air services on the relevant route,\nand may take into account such other matters as the Minister thinks fit.\n\t(5)\tSubject to this section, a declaration under this section will initially have effect for a period, not exceeding three years, specified by the Minister by notice in the Gazette.\n\t(6)\tIf, at the time the Minister makes a declaration under this section with respect to a route, a person is operating a scheduled air service on that route, the operation of a declaration must commence not earlier than six weeks after the day on which the declaration is published in the Gazette.\n\t(7)\tThe period of six weeks under subsection (6) will cease to apply if the scheduled air services on the route are discontinued.\n\t(8)\tThe Minister may from time to time, by notice in the Gazette—\n\t(a)\tvary the day on which the operation of the declaration is to commence;\n\t(b)\textend the period of operation of a declaration.\n\t(9)\tHowever, any particular extension must not exceed three years and in any event the total period of a declaration must not exceed six years (although the expiration of a declaration does not prevent the Minister making a new declaration in relation to the same route after due consideration of the matters prescribed by subsections (3) and (4)).\n\t(10)\tThe Minister may at any time, if the Minister thinks fit, by notice in the Gazette, revoke a declaration under this section.\n\t(11)\tIf the Minister—\n\t(a)\tmakes a declaration under this section; or\n\t(b)\tvaries the day on which the operation of a declaration is to commence under this section; or\n\t(c)\textends the period of a declaration under this section; or\n\t(d)\trevokes a declaration under this section,\nthe Minister must ensure—\n\t(e)\tthat a copy of the relevant notice is published—\n\t(i)\ton a website determined by the Minister; or\n\t(ii)\tin a newspaper circulating generally in the State; or\n\t(iii)\tin a newspaper circulating generally in Australia; and\n\t(f)\tif a person is operating a scheduled air service on the relevant route at the time of the publication of the relevant notice—that a copy of the notice is served on the person in the manner prescribed by the regulations.\n\t(12)\tThe publication of information under subsection (2) does not prevent the Minister subsequently making a decision or taking action that is different to what was published by the Minister under that subsection.\nPart 3—Route service licences\n6—Requirement for licence\n\t(1)\tA person must not, during the period of a declaration under Part 2, operate a scheduled air service on the declared route unless the person is the holder of a route service licence for that route issued by the Minister under this Act.\n\t(2)\tSubsection (1) does not apply with respect to—\n\t(a)\ta charter service; or\n\t(b)\tan air service provided in place of a scheduled air service normally provided by the holder of a route service licence due to an emergency or technical difficulty with, or the routine maintenance of, a particular aircraft; or\n\t(c)\tan alternative or additional air service contemplated by the terms or conditions of a route service licence; or\n\t(d)\tan air service operated with the consent of the Minister under section 10; or\n\t(e)\tan air service of a prescribed kind.\nMaximum penalty: $35 000.\n7—Applications for licences\n\t(1)\tAll route service licences are to be granted on application to the Minister.\n\t(2)\tThe Minister may invite applications for a route service licence or for route service licences for a declared route by tender or may invite applications on any other basis as the Minister thinks fit.\n\t(3)\tAn application for a route service licence—\n\t(a)\tmust be made in the manner and form required by the Minister; and\n\t(b)\tmust be accompanied by the prescribed fee.\n\t(4)\tThe Minister may require an applicant for a route service licence—\n\t(a)\tto furnish further information specified by the Minister; and\n\t(b)\tto verify, by statutory declaration, information furnished for the purposes of the application.\n\t(5)\tAn applicant for a route service licence must meet any requirement, standard, criteria, qualification or condition set out in the regulations or specified by the Minister in an invitation for applications or by notice given in accordance with the regulations, and must satisfy the Minister as to any other matter the Minister considers relevant.\n\t(6)\tIf the Minister decides not to grant an application for a route service licence, the Minister must, at the request of the applicant, give the applicant a written statement of the Minister's reasons for the decision.\n8—Conditions\n\t(1)\tThe conditions of a route service licence may—\n\t(a)\tfix the term of the licence and provide for its extension;\n\t(b)\tmake provision with respect to performance and service levels (including as to the quality and type of aircraft to be used in the provision of scheduled air services on the declared route), and flight schedules (and provide a scheme for their review or variation from time to time);\n\t(c)\tmake provision with respect to the fares to be charged by the holder of the licence for scheduled air services on the declared route (and provide a scheme for their review or variation from time to time);\n\t(d)\tmake provision with respect to alternative or additional air services in specified circumstances;\n\t(e)\tfix amounts payable by the holder of the licence for or under the licence;\n\t(f)\tprovide for the provision of infrastructure or for capital or other expenditure by the holder of the licence;\n\t(g)\trequire the provision of reports and other information to the Minister;\n\t(h)\tprovide for the suspension or cancellation of the licence by the Minister and the grounds for suspension or cancellation;\n\t(i)\tmake any other provision the Minister considers appropriate.\n\t(2)\tIt will be a condition of a route service licence that the holder of the licence—\n\t(a)\tmust have appropriate CASA certification to operate the relevant air services on the declared route at the time of commencing operations on the route (and, if the person to whom the licence is granted does not have such CASA certification at the time that the licence is granted, that he or she obtain it within a period specified by the Minister (being a period expiring before operations are due to commence under the licence)); and\n\t(b)\tmust maintain appropriate CASA certification during the term of the licence.\n\t(3)\tBefore suspending or cancelling a licence pursuant to a condition under subsection (1)(h) (but without affecting the operation of subsection (4)), the Minister must give the holder of the licence a reasonable opportunity to make representations about the proposed action.\n\t(4)\tIf the holder of a route service licence is in breach of the condition imposed by subsection (2), the licence is immediately suspended by force of this subsection during the period of the breach (and the Minister may then proceed to cancel the licence if the breach is not remedied within a reasonable time).\n\t(5)\tThe Minister may, after consultation with the holder of the route service licence, if the Minister considers it appropriate to do so, by written notice to the holder of the route service licence, vary a condition to which a route service licence is subject.\n\t(6)\tThe holder of a route service licence may, on application made to the Minister in writing, request the variation of a condition to which the licence is subject, and the Minister may, as the Minister thinks fit—\n\t(a)\tgrant the variation; or\n\t(b)\trefuse to grant the variation.\n\t(7)\tThe conditions of a route service licence may be varied by the addition, substitution or deletion of one or more conditions.\n\t(8)\tNothing in subsections (5), (6) or (7) allows the variation of the condition imposed by subsection (2).\n\t(9)\tA person must not contravene or fail to comply with a condition of a route service licence.\nMaximum penalty: $35 000.\n9—Special terms\n\t(1)\tA route service licence may (but need not)—\n\t(a)\tconfer on the holder of the licence an exclusive right to operate scheduled air services on the declared route; and\n\t(b)\tprovide for other matters relevant to the operation of air services (including new scheduled air services) on the declared route.\n\t(2)\tHowever, a right conferred on the holder of a route service licence—\n\t(a)\tcannot affect or limit the ability of another person to operate an air service of a kind specified by the regulations, or specified in the licence itself, during the term of the licence (and such a specified air service may be a scheduled air service); and\n\t(b)\twill be subject to such other qualifications as may be prescribed by the regulations, or specified in the licence itself, during the term of the licence.\n10—Assignment of rights under licence\n\t(1)\tThe holder of a route service licence must not transfer, assign, subcontract or otherwise deal with the licence, or a right, power or duty under the licence, except with the consent of the Minister.\nMaximum penalty: $20 000.\n\t(2)\tThe Minister must not consent to a dealing under subsection (1) unless satisfied—\n\t(a)\tthat adequate provision will be made for the operation of services under the terms of the route service licence; and\n\t(b)\tas to any other matter the Minister considers relevant.\n\t(3)\tA purported dealing in contravention of subsection (1) is void.\n\t(4)\tSubsection (1) does not apply—\n\t(a)\tto a situation where a service is being provided in place of a scheduled air service normally provided by the holder of the route service licence due to an emergency or technical difficulty with, or the routine maintenance of, a particular aircraft; or\n\t(b)\tto an alternative or additional air service contemplated by the terms or conditions of the route service licence; or\n\t(c)\tin circumstances prescribed by the regulations, or specified in the licence itself, for the purposes of this subsection.\n11—Special fees\n\t(1)\tIn addition to any other fee payable under this Act, the Minister may require the payment of—\n\t(a)\ta fee for lodging a tender for a route service licence under this Part; and\n\t(b)\ta fee for administering a route service licence under this Part (which fee may vary from licence to licence, and may be payable from time to time during the term of the licence).\n\t(2)\tThe Minister may determine the amount of a fee under this section, subject to any limits prescribed by the regulations.\n12—Existing operators\n\t(1)\tSubject to subsection (2), if at the time the Minister makes a declaration under section 5(1) with respect to a particular route a person (an existing operator) is operating a scheduled air service on that route, the Minister must, before the Minister makes a general invitation to the aviation industry for applications for a route service licence, offer to grant to the existing operator a route service licence on conditions that the Minister considers to be fair and reasonable in the circumstances after taking into account any representations made by the existing operator.\n\t(2)\tThe Minister is not required to make an offer under subsection (1) if the existing operator has publicly declared that he or she intends to discontinue scheduled air services on the route.\n\t(3)\tAn existing operator has 14 days in which to accept an offer under subsection (1) after its receipt by the existing operator.\n13—Report to Parliament\nThe Minister must, within 12 sitting days after awarding a route service licence under this Part, cause a report containing the following information to be laid before both Houses of Parliament:\n\t(a)\tthe full name of the person to whom the licence has been awarded;\n\t(b)\tthe term of the licence;\n\t(c)\tdetails concerning—\n\t(i)\tthe performance and service levels, and flight schedules, required at the commencement of the licence; and\n\t(ii)\tthe fares to be initially charged by the holder of the licence;\n\t(d)\tother information the Minister considers appropriate.\n14—Other matters\n\t(1)\tThe holder of a route service licence may, with the consent of the Minister, surrender the licence.\n\t(2)\tThe awarding of a route service licence to a particular person does not constitute a warranty or representation by the Minister or the Crown that the person is fit to, or capable of, operating an air service in a safe or reliable manner, and no liability may attach to the Minister or the Crown by virtue of the fact that the Minister has awarded a route service licence to a particular person under this Part.\nPart 4—Reviews\n15—Reviews\n\t(1)\tIf—\n\t(a)\tthe holder of a route service licence is dissatisfied with—\n\t(i)\ta decision of the Minister with respect to the variation, or proposed variation, of a condition of the licence under section 8(5); or\n\t(ii)\ta decision of the Minister on an application for a variation of a condition of the licence under section 8(6); or\n\t(iii)\ta decision of the Minister refusing consent to a dealing with the licence under section 10(1); or\n\t(iv)\ta decision of the Minister refusing consent to the surrender of the licence under section 14(1); or\n\t(v)\ta decision of the Minister to suspend or cancel the licence (other than a decision to cancel the licence in conjunction with the expiration of the period of the relevant declaration under Part 2); or\n\t(b)\tan existing operator within the meaning of section 12 is dissatisfied with a decision of the Minister fixing the conditions of a service route licence offered to the existing operator under that section,\nthe holder of the licence or the existing operator (as the case may be) may seek a review of the decision by the Tribunal under section 34 of the South Australian Civil and Administrative Tribunal Act 2013.\n\t(2)\tAn application for a review must be made—\n\t(a)\tin the case of a review of a decision referred to in subsection (1)(b)—within 14 days after the applicant receives notice of the decision; or\n\t(b)\tin any other case—within 21 days after the applicant receives notice of the relevant decision,\n(or within such longer period as the Tribunal may allow).\n\t(3)\tThe Minister must, if so required by a person affected by a decision of the Minister that is, or may be, the subject of a review by the Tribunal, state in writing the reasons for the decision.\n\t(4)\tExcept as provided by this section, a decision of the Minister under Part 2 or 3 is not subject to review or appeal in the Tribunal or any court.\nPart 5—Miscellaneous\n16—Authorised officers\n\t(1)\tThe Minister may appoint suitable persons to be authorised officers under this Act.\n\t(2)\tAn appointment under this section may be subject to any condition or limitation specified by the Minister.\n\t(3)\tA person appointed under this section must be issued with an identity card—\n\t(a)\tcontaining a photograph of the person; and\n\t(b)\tstating any limitations on the authorised officer's authority.\n\t(4)\tAn authorised officer must, at the request of a person in relation to whom the authorised officer intends to exercise a power under this Act, produce for the inspection of the person his or her identity card.\n\t(5)\tAn authorised officer may, as may reasonably be required in connection with the administration, operation or enforcement of this Act—\n\t(a)\tat any time, enter and inspect premises;\n\t(b)\trequire a person to produce documents (which may include a written record reproducing in an understandable form information stored by computer, microfilm or other process);\n\t(c)\texamine, copy or take extracts from a document or information so produced or require a person to provide a copy of any such document or information;\n\t(d)\trequire a person to produce evidence of a licence required under this Act;\n\t(e)\trequire a person to answer questions;\n\t(f)\tgive directions reasonably required in connection with the exercise of a power conferred by any of the above paragraphs or otherwise in connection with the administration, operation or enforcement of this Act;\n\t(g)\texercise other prescribed powers.\n\t(6)\tAn authorised officer must not exercise the powers conferred by subsection (5)(a) in respect of premises that are domestic premises, or that are not the premises of the holder of a route service licence, except on the authority of a warrant issued by a magistrate unless the authorised officer believes, on reasonable grounds, that the circumstances require immediate action to be taken.\n\t(7)\tIn the exercise of powers under this section an authorised officer may be assisted by such persons as may be necessary or desirable in the circumstances.\n\t(8)\tAn occupier of premises must give to an authorised officer or a person assisting an authorised officer such assistance as is reasonably required for the effective exercise of a power conferred by this section.\nMaximum penalty: $5 000.\n\t(9)\tSubject to subsections (10) and (11), a person who—\n\t(a)\twithout reasonable excuse, hinders or obstructs an authorised officer, or a person assisting an authorised officer, in the exercise of powers under this Act; or\n\t(b)\tuses abusive, threatening or insulting language to an authorised officer, or a person assisting an authorised officer; or\n\t(c)\twithout reasonable excuse, fails to obey a requirement or direction of an authorised officer under this Act; or\n\t(d)\twithout reasonable excuse, fails to answer, to the best of the person's knowledge, information and belief, a question put by an authorised officer; or\n\t(e)\tfalsely represents, by words or conduct, that he or she is an authorised officer,\nis guilty of an offence.\nMaximum penalty: $5 000.\n\t(10)\tA person is not obliged to answer a question or to produce, or provide a copy of, a document or information as required under this section that to do so might tend to incriminate the person or make the person liable to a penalty.\n\t(11)\tA person is not obliged to provide information under this section that is privileged on the ground of legal professional privilege.\n\t(12)\tAn authorised officer, or a person assisting an authorised officer, who, in the course of exercising powers under this Act—\n\t(a)\taddresses offensive language to any other person; or\n\t(b)\twithout lawful authority, hinders or obstructs or uses or threatens to use force in relation to any other person,\nis guilty of an offence.\nMaximum penalty: $5 000.\n17—Delegations\n\t(1)\tThe Minister may delegate a function or power conferred or vested in the Minister under this Act.\n\t(2)\tA delegation—\n\t(a)\tmay be made—\n\t(i)\tto a particular person or body; or\n\t(ii)\tto the person for the time being occupying a particular office or position; and\n\t(b)\tmay be made subject to conditions and limitations specified in the instrument of appointment; and\n\t(c)\tis revocable at will and does not derogate from the power of the Minister to act in a matter.\n18—Exemptions\n\t(1)\tThe Minister may, by notice in the Gazette, confer exemptions from this Act or specified provisions of this Act—\n\t(a)\ton specified persons or persons of a specified class; or\n\t(b)\tin relation to specified services or services of a specified class.\n\t(2)\tAn exemption may be granted on such conditions as the Minister thinks fit.\n\t(3)\tThe Minister may, at any time, by notice in the Gazette—\n\t(a)\tvary or revoke an exemption; or\n\t(b)\tvary or revoke a condition of an exemption.\n\t(4)\tA person who contravenes or fails to comply with a condition of an exemption is guilty of an offence.\nMaximum penalty: $20 000.\n19—Annual reports\n\t(1)\tThe administrative unit of the Public Service that is, under the Minister, responsible for the administration of this Act must, on or before 30 September in each year, present a report to the Minister on the operation and administration of this Act during the previous financial year.\n\t(2)\tA report required under this section may be incorporated in the annual report of the relevant administrative unit.\n\t(3)\tThe Minister must, within 12 sitting days after receipt of a report under this section, cause copies of the report to be laid before each House of Parliament.\n21—False or misleading information\nA person must not make a statement that is false or misleading in a material particular (whether by reason of the inclusion or omission of any particular) in any information provided under this Act.\nMaximum penalty: $10 000.\n22—Continuing offence\n\t(1)\tA person convicted of an offence against a provision of this Act in respect of a continuing act or omission—\n\t(a)\tis liable, in addition to the penalty otherwise applicable to the offence, to a penalty for each day during which the act or omission continued of not more than one-tenth of the maximum penalty prescribed for that offence; and\n\t(b)\tis, if the act or omission continues after the conviction, guilty of a further offence against the provision and liable, in addition to the penalty otherwise applicable to the further offence, to a penalty for each day during which the act or omission continued after the conviction of not more than one-tenth of the maximum penalty prescribed for the offence.\n\t(2)\tIf an offence consists of an omission to do something that is required to be done, the omission will be taken to continue for as long as the thing required to be done remains undone after the end of the period for compliance with the requirement.\n24—Evidentiary\nIn proceedings for an offence against this Act, an apparently genuine document purporting to be a certificate signed by the Minister certifying—\n\t(a)\tthat a person named in the certificate was at a specified time a delegate of the Minister unconditionally or subject to specified conditions or limitations; or\n\t(b)\tthat a person named in the certificate was or was not at a specified time the holder of a route service licence; or\n\t(c)\tthat a provision set out in the certificate was at a specified time a condition of a route service licence,\nis, in the absence of proof to the contrary, proof of the matters certified.\n25—Obligations under other laws\nNothing 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.\n26—Regulations\n\t(1)\tThe Governor may make such regulations as are contemplated by, or necessary or expedient for the purposes of, this Act.\n\t(2)\tWithout limiting the generality of subsection (1), those regulations may make provision for or relating to—\n\t(a)\tthe furnishing to the Minister by the holder of a route service licence of information, records or periodic returns relating to air services provided on a declared route; and\n\t(b)\tthe service of notices or other documents for the purposes of this Act; and\n\t(c)\tfines, not exceeding $5 000, for offences against the regulations; and\n\t(d)\tfacilitation of proof of the commission of offences against the regulations.\n\t(3)\tThe regulations may—\n\t(a)\tbe of general application or vary in their application according to prescribed factors;\n\t(b)\tprovide that a matter or thing in respect of which regulations may be made is to be determined or dispensed with according to the discretion of the Minister or another prescribed person or authority.\nLegislative history\nNotes\n\t•\tPlease note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.\n\t•\tEarlier versions of this Act (historical versions) are listed at the end of the legislative history.\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nPrincipal Act and amendments\nNew entries appear in bold.\nYear\nNo\nTitle\nAssent\nCommencement\n2002\n13\nAir Transport (Route Licensing—Passenger Services) Act 2002\n5.9.2002\n14.11.2002 (Gazette 14.11.2002 p4100)\n2009\n84\nStatutes Amendment (Public Sector Consequential Amendments) Act 2009\n10.12.2009\nPt 13 (s 24)—1.2.2010 (Gazette 28.1.2010 p320)\n2011\n36\nStatutes Amendment (Directors' Liability) Act 2011\n22.9.2011\nPt 3 (s 5)—1.1.2012 (Gazette 15.12.2011 p4988)\n2019\n14\nStatutes Amendment (SACAT) Act 2019\n11.7.2019\nPt 2 (ss 4 to 6)—2.12.2019 (Gazette 21.11.2019 p3928)\n2019\n25\nStatutes Amendment and Repeal (Simplify) Act 2019\n3.10.2019\nPt 4 (s 6)—6.4.2020 (Gazette 2.4.2020 p631)\nProvisions amended\nNew entries appear in bold.\nEntries that relate to provisions that have been deleted appear in italics.\nProvision\nHow varied\nCommencement\nPt 1\n\n\ns 2\nomitted under Legislation Revision and Publication Act 2002\n\ns 3\n\n\ns 3(1)\n\n\nTribunal\ninserted by 14/2019 s 4\n2.12.2019\nPt 2\n\n\ns 5\n\n\ns 5(11)\namended by 25/2019 s 6\n6.4.2020\nPt 4\nsubstituted by 14/2019 s 5\n2.12.2019\nPt 5\n\n\ns 20\ndeleted by 84/2009 s 24\n1.2.2010\ns 23\ndeleted by 36/2011 s 5\n1.1.2012\nTransitional etc provisions associated with Act or amendments\nStatutes Amendment (SACAT) Act 2019, Pt 2\n6—Transitional provisions\n\t(1)\tA right to appeal to the Administrative and Disciplinary Division of the District Court under section 15 of the principal Act in relation to a matter in existence (but not yet exercised) before the relevant day, will be exercised as if this Part had been in operation before the right arose, so that the relevant proceedings may be commenced instead before the Tribunal.\n\t(2)\tNothing in this section affects any proceedings before the Administrative and Disciplinary Division of the District Court commenced under the principal Act before the relevant day.\n\t(3)\tIn this section—\nprincipal Act means the Air Transport (Route Licensing—Passenger Services) Act 2002;\nrelevant day means the day on which this Part comes into operation;\nTribunal means the South Australian Civil and Administrative Tribunal established under the South Australian Civil and Administrative Tribunal Act 2013.\nHistorical versions\n1.2.2010\n\n1.1.2012\n\n2.12.2019\n\n","sortOrder":0}],"analysis":{"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed as the legislative text was not accessible. The page returned a 'Page Not Found' error following a website migration on 24 March 2026. No comparison between original intent and current provisions is possible."},"complexity_factors":["No legislative content was retrievable — only a website error page was provided","Cannot assess complexity of the actual Act without its text","Score of 1 reflects absence of content, not simplicity of the underlying law"],"plain_english_summary":"**⚠️ Content Unavailable — Page Not Found**\n\nThe legislation you're trying to access — the *Air Transport (Route Licensing—Passenger Services) Act 2002* (South Australia) — could not be retrieved. The South Australian legislation website returned a **Page Not Found** error, likely because old bookmarks or hyperlinks became incompatible following a website update on **24 March 2026**.\n\n**What we do know from the title:**\nThis Act relates to **route licensing for passenger air services** in South Australia — meaning it likely governs which airlines or operators are permitted to fly passengers on specific routes (for example, Adelaide to regional SA towns). Such laws typically affect:\n- **Airlines and aviation operators** seeking permission to run passenger routes\n- **Regional communities** dependent on air access\n- **Consumers** who rely on those services\n\n**What to do:**\nTo read the actual legislation, visit [www.legislation.sa.gov.au](https://www.legislation.sa.gov.au) and search directly for the Act title, or email OPCWeb@sa.gov.au to report the broken link."},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The Act's substantive purpose—establishing a route licensing regime for declared intra‑state passenger services—remains. Amendments have altered procedural and administrative scope: review forum moved to the South Australian Civil and Administrative Tribunal, publication and notice rules were adjusted (s5(11) amended), and other technical/administrative updates were made. These changes affect how decisions are reviewed and how the regime is administered but do not materially expand the core licensing power."},"complexity_factors":["Extensive ministerial discretion over route declaration, licence allocation, conditions, fees and exemptions (ss5,7,8,11,18)","Potential for exclusive rights coupled with regulatory carve-outs and qualifications (s9)","Detailed compliance requirements including CASA certification, reporting and performance conditions (s8; regs)","Administrative procedures for applications, tenders, fees and assignments with ministerial consent (ss7,10,11)","Enforcement architecture: authorised officers, inspection powers and criminal penalties including continuing offences (ss16,21,22)","Limited merits review rights confined to specified ministerial decisions via the Tribunal (s15)","Broad regulation‑making powers enabling variations in application and ministerial or prescribed discretion (s26)","Amendments and transitional provisions shifting review forums and publication mechanisms (Legislative history)"],"plain_english_summary":"**What it does:** The Act allows the Minister to declare intra‑state airport routes and require operators to hold a route service licence to run scheduled passenger services on those declared routes (ss5–6).\n\n**Who it affects and why it matters:** It affects airlines and other service providers who must obtain licences, hold appropriate CASA certification, pay application/administration fees, meet licence conditions (which may include exclusive rights), and face penalties; the Minister controls allocation, conditions, assignments and exemptions, with limited merits review to the Tribunal (ss7–11,15,18)."},"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"},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":5,"scope_assessment":{"changed":false,"description":"The legislation appears to remain within its original scope of establishing a route licensing system for intrastate passenger air services. The amendments shown in the legislative history are technical updates (changing appeal bodies from District Court to SACAT, removing spent provisions, updating references) rather than substantive expansions of the regulatory scheme. The core mechanism—Ministerial declaration of routes and licensing of scheduled services—remains unchanged from the 2002 original intent."},"complexity_factors":["Moderate length (26 sections plus legislative history)","Multiple cross-references to regulations for detailed implementation (sections 3, 4, 5, 8, 10, 11, 16, 26)","Nested conditional logic in section 5 regarding declaration periods, extensions, and commencement dates","Several exception clauses to the main licensing requirement (section 6(2)) and assignment prohibitions (section 10(4))","Interaction with federal aviation law (CASA certification requirements in section 8(2))","Multiple review pathways with different time limits (section 15)","Self-executing suspension mechanism in section 8(4) that operates 'by force of this subsection'","Evidentiary presumptions in section 24","Transitional provisions in amending legislation affecting appeal rights"],"plain_english_summary":"**What this law does:**\n\nThis South Australian law creates a licensing system for commercial passenger flights that run on regular schedules between airports within the state. It gives the Minister power to declare specific flight routes as \"declared routes\" and require airlines to obtain a special licence (called a \"route service licence\") to operate scheduled services on those routes.\n\n**Who it affects:**\n\n- **Airlines and operators** wanting to run regular passenger flights between South Australian airports\n- **Existing operators** already flying routes that get declared (they get first right of refusal for a licence)\n- **Passengers** in regional areas, as the law aims to ensure reliable air services\n- **The Minister** (currently responsible for transport), who has broad discretion to declare routes, grant licences, set conditions, and enforce the scheme\n\n**Key features:**\n\n- **Declared routes**: The Minister can declare a route for up to 6 years (in 3-year blocks) if it's in the public interest, considering factors like community need, existing services, and whether airlines will actually use the route\n- **Licence requirements**: Operating a scheduled service on a declared route without a licence carries a penalty up to $35,000\n- **Licence conditions**: Licences can include detailed requirements about flight schedules, fares, aircraft quality, performance standards, and fees. The Minister can vary these conditions\n- **Exclusive rights**: Licences *can* grant exclusive rights to operate on a route, but with limitations (other specified services can still operate)\n- **Existing operator protection**: If a route is declared and someone already flies it, they must be offered a licence on fair terms before others can apply\n- **Enforcement**: Authorised officers can enter premises, inspect documents, and demand information (with some protections against self-incrimination and legal privilege)\n- **Reviews**: Decisions about licence variations, suspensions, or refusals can be appealed to the South Australian Civil and Administrative Tribunal (SACAT)\n\n**Why it matters:**\n\nThis law lets the South Australian government manage competition on specific air routes to prevent monopolies while ensuring regional communities maintain air connections. It balances market freedom with public interest oversight—allowing the Minister to step in where commercial viability is shaky but community need is high. The licensing system can protect existing operators from sudden competition while also allowing new entrants where services are inadequate.\n\n**Important caveats:**\n\n- Charter flights (private hire, not sold to the general public) are exempt\n- Emergency replacements and maintenance substitutions are allowed without separate licences\n- The law doesn't override other aviation safety requirements (CASA certification is still required)\n- The Minister has wide discretionary power, with limited review options"}},"importantCases":[],"_links":{"self":"/api/acts/air-transport-route-licensing-passenger-services-act-2002","history":"/api/acts/air-transport-route-licensing-passenger-services-act-2002/history","analysis":"/api/acts/air-transport-route-licensing-passenger-services-act-2002/analysis","conflicts":"/api/acts/air-transport-route-licensing-passenger-services-act-2002/conflicts","importantCases":"/api/acts/air-transport-route-licensing-passenger-services-act-2002/important-cases","documents":"/api/acts/air-transport-route-licensing-passenger-services-act-2002/documents"}}