Air Navigation Act 1920

Part 1—Preliminary

1 Short title

This Act may be cited as the Air Navigation Act 1920.

2 Extension to Territories

This Act extends to every Territory.

2A Act binds the Crown

This Act binds the Crown in right of the Commonwealth, of each of the States, of the Australian Capital Territory and of the Northern Territory.

2B Act not to apply to state aircraft

Except where the contrary intention appears, this Act does not apply to, or in relation to, a state aircraft.

3 Interpretation

(1) In this Act, unless the contrary intention appears:

aircraft means any machine or craft that can derive support in the atmosphere from the reactions of the air.

Australian aircraft means Australian aircraft within the meaning of the Civil Aviation Act 1988.

Australian territory means:

(a) the territory of Australia and of every external Territory;
(b) the territorial sea of Australia and of every external Territory; and
(c) the air space over any such territory or sea.

carriage means carriage anywhere on board an aircraft.

Contracting State means a country, other than Australia, that is a party to the Chicago Convention.

crew, in relation to an aircraft, includes every person having duties or functions on board the aircraft during the flight of the aircraft in connexion with the flying or safety of the aircraft.

international airline means an air transport enterprise offering or operating an international air service.

international airport means an international airport designated under subsection 9(1).

non‑scheduled flight, in relation to an aircraft, means a flight by the aircraft into or from Australian territory where the flight is not made under the authority of an international airline licence granted by the Secretary under the regulations.

pilot in command, in relation to an aircraft, means the pilot responsible for the operation and safety of the aircraft during the flight of the aircraft.

state aircraft means:

(a) aircraft of any part of the Defence Force (including any aircraft that is commanded by a member of that Force in the course of his or her duties as such a member); and
(b) aircraft used in the military, customs or police services of a country other than Australia.

the Air Transit Agreement means the International Air Services Transit Agreement concluded at Chicago on 7 December 1944.

the Chicago Convention means the Convention on International Civil Aviation concluded at Chicago on 7 December 1944.

the International Air Transport Association means the association incorporated under that name by Act 9‑10 George VI., Chapter 51, of the Parliament of Canada.

the International Civil Aviation Organization means the organization, so named, formed under Article 43 of the Chicago Convention.

the Secretary means the Secretary of the Department.

(2) Any reference in this Act to a contravention of, or failure to comply with, a provision of this Act includes a reference to a contravention of, or failure to comply with, an instruction, direction, condition or requirement issued, given, made or imposed in pursuance of this Act.

3AG Application of the Criminal Code

Chapter 2 (other than Part 2.5) of the Criminal Code applies to all offences created by this Act.

Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

Part 2—Regulation of Air Navigation

3A Approval of ratification of Chicago Convention etc.

(1) The ratification on behalf of Australia of the Chicago Convention is approved. (2) Approval is given to the ratification on behalf of Australia of: (a) the Air Transit Agreement; and (b) the Protocol amending Article 45 of the Chicago Convention, approved by the Assembly of the International Civil Aviation Organization on 14 June 1954; and (c) the Protocol amending Articles 48(a), 49(e) and 61 of the Chicago Convention, approved by the Assembly of the International Civil Aviation Organization on 14 June 1954; and (d) the Protocol amending Article 50(a) of the Chicago Convention, approved by the Assembly of the International Civil Aviation Organization on 21 June 1961; and (e) the Protocol amending Article 48(a) of the Chicago Convention, approved by the Assembly of the International Civil Aviation Organization on 14 September 1962; and (f) the Protocol amending Article 50(a) of the Chicago Convention, approved by the Assembly of the International Civil Aviation Organization on 12 March 1971; and (g) the Protocol amending Article 56 of the Chicago Convention, approved by the Assembly of the International Civil Aviation Organization on 7 July 1971; and (h) the Protocol amending Article 50(a) of the Chicago Convention, approved by the Assembly of the International Civil Aviation Organization on 14 October 1974; and (i) the Protocol inserting in the Convention Article 83 bis, approved by the Assembly of the International Civil Aviation Organization on 6 October 1980; and (j) the Protocol inserting in the Convention Article 3 bis, approved by the Assembly of the International Civil Aviation Organization on 10 May 1984; and (k) the Protocol amending Article 56 of the Chicago Convention, approved by the Assembly of the International Civil Aviation Organization on 6 October 1989; and (l) the Protocol amending Article 50(a) of the Chicago Convention, approved by the Assembly of the International Civil Aviation Organization on 26 October 1990.

4 Texts of Chicago Convention etc.

For the purposes of this Act, the texts of the Chicago Convention, the Air Transit Agreement and the Protocols referred to in section 3A shall be deemed to be the English texts set out respectively in Schedules 1, 2, 3, 4, 5, 6, 7, 8, 9, 9A, 10, 11 and 12.

5 Contracting States

The Minister may, by notice published in the Gazette, declare which countries are from time to time parties to the Chicago Convention, the Air Transit Agreement or any of the Protocols referred to in section 3A, and such a notice is prima facie evidence of the matter so declared.

9 International airports

(1) The Minister may, by signed writing, designate as an international airport an aerodrome at which facilities are available for the formalities incident to customs, immigration, quarantine and other requirements in connexion with arrival in or departure from Australian territory of aircraft. (2) The Secretary shall cause to be published in Aeronautical Information Publications particulars of the aerodromes designated as international airports under subsection (1).

10 International aircraft to land at and take off from designated airports

(1) Subject to such exceptions as are prescribed: (a) an aircraft arriving in Australian territory from a place outside Australian territory shall land at an aerodrome designated as an international airport under section 9; and (b) an aircraft departing from Australian territory for a place outside Australian territory shall take‑off from an aerodrome so designated. (2) If an aircraft is flown in contravention of subsection (1), the operator of the aircraft and the pilot in command of the aircraft each commit an offence punishable on conviction by imprisonment for a period of not more than 2 years.

Note: Subsection 4B(2) of the Crimes Act 1914 allows a court to impose in respect of an offence an appropriate fine instead of, or in addition to, a term of imprisonment. If a body corporate is convicted of an offence, subsection 4B(3) of that Act allows a court to impose a fine of an amount that is not greater than 5 times the maximum fine that could be imposed by the court on an individual convicted of the same offence.

(3) Subsection (2) does not apply if the operator or the pilot in command, as the case may be, has a reasonable excuse.

Note: A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code).

11 Freedoms of the air

Subject to section 12, a scheduled international air service operated by an international airline of a country other than Australia that is a party to the Air Transit Agreement has, in respect of Australian territory, the following freedoms of the air: (a) the privilege to fly across Australian territory without landing; and (b) the privilege to land in Australian territory for any purpose other than taking on or discharging passengers, cargo or mail.

11A Foreign shareholdings in Australian international airlines

(1) The Minister may, by written notice, require an Australian international airline: (a) to give to the Minister such information as is specified in the notice concerning the extent (if any) to which foreign persons have relevant interests in shares in the Australian international airline; or (b) if foreign persons have relevant interests in shares in the Australian international airline that represent, in total, more than 49% of the total value of the issued share capital of the Australian international airline—to take all necessary action to ensure that its constitution complies with subsection (2). (2) The constitution of an Australian international airline complies with this subsection if it: (a) imposes restrictions on the issue and ownership (including joint ownership) of shares in the Australian international airline so as to prevent foreign persons having relevant interests in shares in the Australian international airline that represent, in total, more than 49% of the total value of the issued share capital of the Australian international airline; and (c) confers the following powers on the directors of the Australian international airline to enable the directors to enforce the restrictions referred to in paragraph (a): (i) the power to do anything necessary to effect the transfer of shares held by a person; (ii) the power to remove or limit the right of a person to exercise voting rights attached to voting shares; (iii) the power to end the appointment of a person to the office of director of the Australian international airline. (3) For the purposes of this section, a person has a relevant interest in a share if, and only if, the person would be taken to have a relevant interest in the share for the purposes of the Corporations Act 2001 if paragraph 608(3)(a) of that Act were disregarded. (4) In this section:

another country includes any region:

(a) that is part of a foreign country; or
(b) that is under the protection of a foreign country; or
(c) for whose international relations a foreign country is responsible.

Australian international airline means an international airline (other than Qantas) that may be permitted to carry passengers or freight, or both passengers and freight, under a bilateral arrangement as an airline designated by Australia to operate a scheduled international air service.

Australian person means:

(a) an individual who is an Australian citizen or is ordinarily resident in Australia; or
(b) the Commonwealth, a State or a Territory; or
(c) a person who is a nominee of the Commonwealth or of a State or a Territory; or
(d) a Commonwealth, State or Territory authority; or
(e) a person who is a nominee of a Commonwealth, State or Territory authority; or
(f) a local government body (whether incorporated or not) formed by or under a law of a State or a Territory; or
(g) a person who is a nominee of a local government body referred to in paragraph (f); or
(h) a body corporate that:
(i) is incorporated by or under a law of the Commonwealth or of a State or a Territory; and
(ii) is substantially owned and effectively controlled by persons referred to in paragraph (a), (b), (c), (d), (e), (f), (g) or (i); or
(i) a person in the capacity of a trustee, or manager, of a fund in which the total interests (if any) of persons referred to in paragraph (a), (b), (c), (d), (e), (f), (g) or (h) represent 60% or more of the total interests in the fund.

bilateral arrangement means an agreement or arrangement between:

(a) Australia, or an entity or organisation nominated or otherwise similarly authorised by Australia to enter into the agreement or arrangement; and
(b) another country;

under which the carriage by air of passengers or freight (or both) is permitted.

foreign airline means an air transport enterprise other than:

(a) an Australian international airline; or
(b) Qantas; or
(c) an air transport enterprise offering or operating an air service solely within Australian territory.

foreign person means:

(a) a foreign airline; or
(b) a person (other than a foreign airline) who is not an Australian person.

Qantas means Qantas Airways Limited, as the company exists from time to time (even if its name is later changed).

share, in relation to a body corporate, means a share in the body’s share capital.

voting share has the same meaning as in the Corporations Act 2001.

11B Injunctions relating to section 11A

(1) If an Australian international airline or any other person has engaged, is engaging or is proposing to engage in conduct that constitutes or would constitute: (a) a contravention of the mandatory provisions of its constitution or a requirement under subsection 11A(1); or (b) attempting to contravene the mandatory provisions of its constitution or a requirement under subsection 11A(1); or (c) aiding, abetting, counselling or procuring a person to contravene the mandatory provisions of its constitution or a requirement under subsection 11A(1); or (d) inducing or attempting to induce, whether by threats, promises or otherwise, a person to contravene the mandatory provisions of its constitution or a requirement under subsection 11A(1); or (e) being in any way, directly or indirectly, knowingly concerned in, or party to, the contravention by a person of the mandatory provisions of its constitution or a requirement under subsection 11A(1); or (f) conspiring with others to contravene the mandatory provisions of its constitution or a requirement under subsection 11A(1); the Federal Court may, on the application of the Minister, grant an injunction restraining the airline or the person from engaging in the conduct. If in the court’s opinion it is desirable to do so, the injunction may also require the airline or person to do any act or thing. (2) If an Australian international airline or any other person has refused or failed, is refusing or failing, or is proposing to refuse or fail, to do an act or thing that the airline or person is required by the mandatory provisions of its constitution or under subsection 11A(1) to do, the Federal Court may, on the application of the Minister, grant an injunction requiring the airline or person to do that act or thing. (3) An injunction under this section is to be granted on such terms as the Federal Court thinks appropriate. (4) On an application under subsection (1) or (2), the Federal Court may, if the court determines it to be appropriate, grant an injunction by the consent of all the parties to the proceeding, whether or not the court is satisfied that that subsection applies. (5) If in the Federal Court’s opinion it is desirable to do so, the court may grant an interim injunction pending determination of an application under subsection (1). (6) The Federal Court may discharge or vary an injunction granted under this section. (7) The Federal Court’s power to grant an injunction restraining an Australian international airline or any other person from engaging in conduct may be exercised: (a) whether or not it appears to the court that the airline or person intends to engage again, or to continue to engage, in conduct of that kind; and (b) whether or not the airline or person has previously engaged in conduct of that kind; and (c) whether or not there is imminent danger of substantial damage to any person if the airline or the first‑mentioned person engages in conduct of that kind. (8) The Federal Court’s power to grant an injunction requiring an Australian international airline or any other person to do an act or thing may be exercised: (a) whether or not it appears to the court that the airline or person intends to refuse or fail again, or to continue to refuse or fail, to do that act or thing; and (b) whether or not the airline or person has previously refused or failed to do that act or thing; and (c) whether or not there is imminent danger of substantial damage to any person if the airline or the first‑mentioned person refuses or fails to do that act or thing. (9) If the Minister applies to the Federal Court for an injunction under this section, the court must not require the Minister, as a condition of granting an interim injunction, to give an undertaking as to damages. (10) If the Federal Court has power under this section to grant an injunction: (a) restraining an Australian international airline or a person from engaging in particular conduct; or (b) requiring an Australian international airline or a person to do a particular act or thing; the court may, either in addition to or in substitution for the grant of the injunction, make such other order or orders as it thinks appropriate against the airline, or the person who engaged in the conduct or a person who was involved in the contravention. (11) In this section:

Australian international airline has the same meaning as in section 11A.

Federal Court means the Federal Court of Australia.

mandatory provisions, in relation to the constitution of an Australian international airline, means those provisions of the constitution that would be required in order for the airline’s constitution to comply with subsection 11A(2).

12 Requirement to hold international airline licence

(1) Subject to subsections (2) and (3), an international airline must not operate a scheduled international air service over, into or out of Australian territory except in accordance with an international airline licence granted by the Secretary in accordance with the regulations. (1A) If an international airline contravenes subsection (1), the airline commits an offence punishable on conviction by imprisonment for a period of not more than 7 years.

Note: Subsection 4B(2) of the Crimes Act 1914 allows a court to impose in respect of an offence an appropriate fine instead of, or in addition to, a term of imprisonment. If a body corporate is convicted of an offence, subsection 4B(3) of that Act allows a court to impose a fine of an amount that is not greater than 5 times the maximum fine that could be imposed by the court on an individual convicted of the same offence.

(1AA) Subsection (1A) does not apply if the international airline has a reasonable excuse.

Note: A defendant bears an evidential burden in relation to the matter in subsection (1AA) (see subsection 13.3(3) of the Criminal Code).

(2) Subsection (1) does not apply to a scheduled international air service if it is operated in accordance with a permission under section 15D. (3) The Secretary may, by legislative instrument, determine that subsection (1) does not apply in relation to a category of scheduled international air services. The determination has effect accordingly. (4) For the purposes of this section: (a) an international airline may operate a scheduled international air service even if it does not operate the aircraft used to operate the service; and (b) an international airline does not operate a scheduled international air service merely because it operates the aircraft used to operate the service.

13 Licensing of scheduled international air services

(1) Without limiting section 26, the regulations may provide for or in relation to the licensing of scheduled international air services operated over, into or out of Australian territory. (2) In particular, the regulations may provide for or in relation to the following: (a) the granting of international airline licences by the Secretary; (b) the imposition of conditions on international airline licences by the Secretary; (c) the variation, suspension and cancellation of international airline licences by the Secretary; (d) the surrender to the Secretary of international airline licences. (3) An international airline licence must not be granted to an international airline of a country other than Australia unless that country and Australia are parties to: (a) the Air Transit Agreement; or (b) some other agreement or arrangement, whether bilateral or multilateral, under which scheduled international air services of that other country may, subject to the agreement or arrangement, be operated over or into Australian territory. (4) Subsection (3) does not limit subsection 12(3).

14 Non‑scheduled flights by aircraft possessing nationality of a Contracting State

An aircraft that possesses the nationality of a Contracting State may, subject to observance of the terms of the Chicago Convention and the provisions of this Act, the regulations, the Civil Aviation Act 1988 and the regulations made under that Act, fly in transit non‑stop across Australian territory, or land in Australian territory for non‑traffic purposes, in the course of a non‑scheduled flight without the necessity of obtaining prior permission.

15 Definitions

In sections 15A to 15F:

charterer, in relation to a proposed non‑scheduled flight of an aircraft, or a proposed program of non‑scheduled flights of one or more aircraft, means the person who makes the arrangements for the carriage of passengers, cargo or mail on the aircraft or any of the aircraft.

charter operator, in relation to a proposed non‑scheduled flight of an aircraft, or a proposed program of non‑scheduled flights of one or more aircraft, means:

(a) the owner of the aircraft or each of the aircraft; or
(b) the operator of the aircraft or each of the aircraft.

permission means a permission under section 15D.

suspend, in relation to a permission, means suspend the operation of the permission, either for a stated period or without limitation as to time.

vary, in relation to a permission, includes alter or remove a condition to which the permission is subject or make the permission subject to a new condition.

15A Aircraft on non‑scheduled flights not to take on or discharge passengers, cargo or mail without permission

(1) The operator of an aircraft and the pilot in command of the aircraft commit an offence if: (a) any person engages in conduct; and (b) the person’s conduct results in the aircraft taking on passengers, cargo or mail for carriage for reward in Australian territory before beginning a non‑scheduled flight or at an intermediate stopping place in the course of such a flight.

Penalty: Imprisonment for 6 months.

(1A) Subsection (1) does not apply if a permission for the carriage of the passengers, cargo or mail is in force and the carriage is in accordance with the permission.

Note: A defendant bears an evidential burden in relation to the matter in subsection (1A) (see subsection 13.3(3) of the Criminal Code).

(2) The operator of an aircraft and the pilot in command of the aircraft commit an offence if: (a) any person engages in conduct; and (b) the person’s conduct results in the aircraft discharging passengers, cargo or mail carried for reward in Australian territory at an intermediate stopping place in the course of a non‑scheduled flight or at the end of such a flight.

Penalty: Imprisonment for 6 months.

(2A) Subsection (2) does not apply if a permission for the carriage of the passengers, cargo or mail was in force and the carriage was in accordance with the permission.

Note: A defendant bears an evidential burden in relation to the matter in subsection (2A) (see subsection 13.3(3) of the Criminal Code).

(2B) Subsections (1) and (2) do not apply if the operator or the pilot, as the case may be, has a reasonable excuse.

Note: A defendant bears an evidential burden in relation to the matter in subsection (2B) (see subsection 13.3(3) of the Criminal Code).

(2C) Strict liability applies to paragraphs (1)(b) and (2)(b).

Note: For strict liability, see section 6.1 of the Criminal Code.

(3) The Secretary may determine that a permission is not required in relation to a category of commercial non‑scheduled flights. (4) In deciding whether to make a determination under subsection (3), the Secretary is to have regard to the following matters (except to the extent, if any, to which the matters concerned relate to the safety of air navigation): (a) the public interest, including but not limited to: (i) the need of people to travel on, or to send cargo and mail by, aircraft; and (ii) the promotion of trade and tourism to and from Australia; and (iii) if the application relates to a program of flights to or from Australia—whether there is to be a wide range of places in Australia that will be served under the program; and (iv) if foreign interests hold substantial ownership and effective control of a charterer or a charter operator—employment and investment in, and general development of, the Australian Aviation industry; and (v) aviation security; and (vi) Australia’s international relations; (b) the availability of capacity (within the meaning of the International Air Services Commission Act 1992) on scheduled international air services, and any relevant determination made by the International Air Services Commission in respect of the allocation of capacity on those services; (c) any relevant advice on matters referred to in paragraph (a) that is provided to the Minister by that Commission under paragraph 6(2)(c) of that Act; and (d) any other matter that the Secretary thinks relevant. (5) A permission is not required for the taking on or discharging of passengers, cargo or mail in relation to a flight of an aircraft if the flight is included in a category of flights in relation to which a determination under subsection (3) is in force. (7) If: (a) any passengers are, or any cargo or mail is: (i) taken on to an aircraft in Australian territory before beginning a non‑scheduled flight or at an intermediate stopping place in the course of such a flight; or (ii) discharged from an aircraft in Australian territory at an intermediate stopping place in the course of a non‑scheduled flight or at the end of such a flight; and (b) a permission was not required for the taking on or discharging of the passengers, cargo or mail because of the operation of subsection (5); the operator of the aircraft must, within 14 days after the end of the flight, give a written notice to the Secretary setting out the prescribed particulars in relation to the flight and the passengers, cargo or mail.

Penalty: 30 penalty units.

Note: If a body corporate is convicted of an offence, subsection 4B(3) of the Crimes Act 1914 allows a court to impose a fine that is not greater than 5 times the maximum fine that could be imposed by the court on an individual convicted of the same offence.

(8) A determination under subsection (3) is a legislative instrument. (9) In this section:

engage in conduct means:

(a) do an act; or
(b) omit to perform an act.

15B Applications for permission to operate non‑scheduled flights

(1) A charter operator may apply to the Secretary for permission for passengers, cargo or mail to be carried on one or more aircraft on a non‑scheduled flight or on a program of non‑scheduled flights. (2) The application must: (a) be in writing; and (b) if the Secretary directs, be in a form approved by the Secretary; and (c) contain the information referred to in section 15C; and (d) be lodged with the Secretary: (i) not less than 21 days before the day on which the flight, or the first of the flights, is to begin; or (ii) within any lesser period allowed by the Secretary.

15C Information to be contained in application

(1) The information to be contained in an application includes the following: (a) the name and address of the charterer of the aircraft, and the nationality of the interests holding substantial ownership and effective control of the charterer; (b) the name and address of the charter operator, and the nationality of the interests holding substantial ownership and effective control of the charter operator; (c) in respect of the aircraft, or each aircraft, that is to engage in the flight or any of the flights—the type of aircraft, its capacity and whether it is leased or owned by its operator; (d) whether the aircraft, or each aircraft, that is to engage in the flight or any of the flights is to carry passengers, cargo or mail; (e) if the aircraft or any of the aircraft are to carry cargo—the type of cargo; (f) if the application relates to a program of flights: (i) the duration of the program and the frequency of the proposed flights; and (ii) if the aircraft are to carry passengers—whether the program is of a seasonal nature, consists of flights related to special events or is to find out whether there would be a market for scheduled international air services; (g) the following particulars of the flight or flights: (i) the place or places where the flight or flights are to begin; (ii) the place or places where the flight or flights are to end; (iii) any intermediate stopping places, including which of those stopping places are places at which passengers, cargo or mail may be taken on or discharged; (iv) the proposed dates of departure from, and arrival at, the places mentioned in the preceding subparagraphs; (h) the proposed tariff structure for the flight or flights. (2) If the aircraft or any of the aircraft are to carry passengers, the application must, if the Secretary so requests, contain evidence, satisfactory to the Secretary, that holders of tickets for the flight or any of the flights will be indemnified for any financial loss that may be caused by the failure of the charter operator: (a) to fulfil its obligations; or (b) if the application relates to a program of flights—to complete the program. (3) If further information is necessary to enable the Secretary to determine an application: (a) the Secretary may, by written notice to the applicant, require the applicant to provide the information; and (b) the Secretary is not bound to consider the application further, or to determine it, until he or she receives the information.

15D Determination of application for permission

(1) The Secretary may grant or refuse permission for passengers, cargo or mail to be carried on the flight or flights to which the application relates and must, as soon as practicable, give written notice of his or her decision to the applicant. (2) If the Secretary grants permission, the permission: (a) is to be in writing; and (b) has effect for the period stated in the permission; and (c) may be subject to any conditions stated in the permission that the Secretary thinks appropriate. (3) In determining an application or deciding whether a permission is to be subject to conditions, the Secretary is to have regard to the following matters (except to the extent, if any, to which the matters concerned relate to the safety of air navigation): (a) the public interest, including but not limited to: (i) the need of people to travel on, or to send cargo and mail by, aircraft; and (ii) the promotion of trade and tourism to and from Australia; and (iii) if the application relates to a program of flights to or from Australia—whether there is to be a wide range of places in Australia that will be served under the program; and (iv) if foreign interests hold substantial ownership and effective control of the charterer or the charter operator—employment and investment in, and general development of, the Australian Aviation industry; and (v) aviation security; and (vi) Australia’s international relations; (b) the availability of capacity (within the meaning of the International Air Services Commission Act 1992) on scheduled international air services, and any relevant determination made by the International Air Services Commission in respect of the allocation of capacity on those services; (c) any relevant advice on matters referred to in paragraph (a) that is provided to the Minister by that Commission under paragraph 6(2)(c) of that Act; (d) any other matter that the Secretary thinks relevant.

15E Variation of permission on application by charter operator

(1) If the Secretary has granted a permission, a charter operator in relation to the flight or flights covered by the permission may apply to the Secretary for variation of the permission. (2) The application must: (a) be in writing; and (b) if the Secretary directs, be in a form approved by the Secretary. (3) If further information is necessary to enable the Secretary to determine an application: (a) the Secretary may, by written notice to the applicant, require the applicant to provide the information; and (b) the Secretary is not bound to consider the application further, or to determine it, until he or she receives the information. (4) The Secretary may grant or refuse the application and must, as soon as practicable, give written notice of his or her decision to the applicant. (5) In determining the application, the Secretary is to have regard to the matters referred to in subsection 15D(3).

15F Variation, suspension or cancellation of permission on Secretary’s initiative

(1) The Secretary may vary, suspend or cancel a permission if: (a) a condition to which the permission is subject has not been complied with by a charter operator; or (b) there has been substantial change in any of the matters to which the Secretary had regard in granting the permission; or (c) the Secretary is satisfied that it is in the public interest (including any of the matters referred to in paragraph 15D(3)(a)) to do so. (2) If the Secretary varies, suspends or cancels a permission, the Secretary must, as soon as practicable, give written notice of the variation, suspension or cancellation to the person who applied for the permission.

16 Aircraft on international flights to comply with laws

(1) It is a condition of any licence, permission or approval granted under this Act or the regulations that, if, under the licence, permission or approval, an aircraft: (a) arrives in Australian territory from a place outside Australian territory; or (b) departs from Australian territory for a place outside Australian territory; the owner, the operator, the hirer, the pilot in command and any other pilot of the aircraft must comply with the provisions of all applicable laws of the Commonwealth or of a State or Territory. (2) The reference in subsection (1) to applicable laws includes, in particular, laws relating to: (a) the entry or clearance of passengers; and (b) crew or cargo; and (c) immigration; and (d) passports; and (e) customs; and (f) quarantine.

17 Aircraft on international flights to have permission

(1) The operator of an aircraft and the pilot in command of the aircraft commit an offence if: (a) any person engages in conduct; and (b) the person’s conduct results in the aircraft arriving in Australian territory from a place outside Australian territory or departing from Australian territory for a place outside Australian territory.

Penalty: Imprisonment for 6 months.

(1A) Subsection (1) is subject to this section and section 14. (1AA) Subsection (1) does not apply if the arrival or departure concerned is: (a) with the permission of the Secretary; or (b) in accordance with an international airline licence or a permission under section 15D; or (c) authorised by a determination by the Secretary under subsection (1B).

Note: A defendant bears an evidential burden in relation to the matters in subsection (1AA) (see subsection 13.3(3) of the Criminal Code).

(1AB) Subsection (1) does not apply if the operator or the pilot, as the case may be, has a reasonable excuse.

Note: A defendant bears an evidential burden in relation to the matter in subsection (1AB) (see subsection 13.3(3) of the Criminal Code).

(1AC) Strict liability applies to paragraph (1)(b).

Note: For strict liability, see section 6.1 of the Criminal Code.

(1B) The Secretary may, by instrument in writing, determine that permission is not required under this section in relation to a category of commercial non‑scheduled flights. (1C) Permission under this section is not required for a flight of an aircraft if the flight is included in a category of flights in relation to which such a determination is in force. (2) In exercising a discretion under this section, the Secretary shall have regard only to matters that do not relate to the safety of air navigation. (3) In this section:

engage in conduct means:

(a) do an act; or
(b) omit to perform an act.

18 Publication of determinations

The Secretary must cause any determinations made under subsection 12(3), 15A(3) or 17(1B) to be included in the Aeronautical Information Publications published under regulations made under the Air Services Act 1995.

19 Carriage of munitions

(1) If: (a) a person does an act; and (b) the act is not done in circumstances prescribed by regulations that state they are made for the purposes of this paragraph; and (c) the act results in munitions of war or implements of war being carried by or in: (i) an aircraft in Australian territory; or (ii) an Australian aircraft outside Australian territory; the person commits an offence punishable, on conviction, by imprisonment for a term not exceeding 7 years. (2) Subsection (1) does not apply if the munitions of war or implements of war are carried in accordance with written permission (including any conditions) given by the Minister.

Note: A defendant bears an evidential burden in relation to the matter in subsection (2) (see subsection 13.3(3) of the Criminal Code).

Part 4—Miscellaneous

23A Review of decisions by Administrative Review Tribunal

(1) Application may be made to the Administrative Review Tribunal for a review of a decision by the Secretary: (aa) to do any of the following under the regulations: (i) refuse to grant an international airline licence; (ii) impose a condition on an international airline licence; (iii) vary, refuse to vary, suspend or cancel an international airline licence; or (a) to refuse a permission under subsection 15D(1); or (b) to grant a permission subject to a condition under paragraph 15D(2)(c); or (c) to refuse an application under subsection 15E(4); or (d) to vary, suspend or cancel a permission under subsection 15F(1); or (e) to refuse a permission under subsection 17(1). (2) Notice of a decision by the Secretary to which subsection (1) applies must include a statement to the effect that: (a) subject to the Administrative Review Tribunal Act 2024, a person affected by the decision may make an application to the Administrative Review Tribunal for review of the decision; and (b) a person whose interests are affected by the decision may request a statement of reasons (within the meaning of that Act). (3) A failure to comply with subsection (2) does not affect the validity of the decision.

23 Defences in proceedings with respect to offences

(1) In any proceedings with respect to an offence against this Act or the regulations, it is a defence if the act or omission charged is proved to have been due to stress of weather or other unavoidable cause.

24 Crown not liable to prosecution

This Act does not make the Crown in right of the Commonwealth, of each of the States, of the Australian Capital Territory and of the Northern Territory liable to be prosecuted for an offence, but this section does not affect any liability of a member of the crew of an aircraft of which the Crown is the owner or of any other person in the employment of the Crown to be so prosecuted.

24A Conduct by directors, employees and agents

(1) If, in proceedings for an offence against this Act, it is necessary to establish the state of mind of a body corporate in relation to particular conduct, it is sufficient to show: (a) that the conduct was engaged in by a director, employee or agent of the body corporate within the scope of his or her actual or apparent authority; and (b) that the director, employee or agent had the state of mind. (2) Any conduct engaged in on behalf of a body corporate by a director, employee or agent of the body corporate within the scope of his or her actual or apparent authority is taken, for the purposes of a prosecution for an offence against this Act, to have been engaged in also by the body corporate unless the body corporate establishes that it took reasonable precautions and exercised due diligence to avoid the conduct. (3) If, in proceedings for an offence against this Act, it is necessary to establish the state of mind of an individual in relation to particular conduct, it is sufficient to show: (a) that the conduct was engaged in by an employee or agent of the individual within the scope of his or her actual or apparent authority; and (b) that the employee or agent had the state of mind. (4) Any conduct engaged in on behalf of an individual by an employee or agent of the individual within the scope of his or her actual or apparent authority is taken, for the purposes of a prosecution for an offence against this Act, to have been engaged in also by the individual unless the individual establishes that he or she took reasonable precautions and exercised due diligence to avoid the conduct. (5) If: (a) a person who is an individual is convicted of an offence; and (b) the person would not have been convicted of the offence if subsections (3) and (4) had not been enacted; the person is not liable to be punished by imprisonment for the offence. (6) A reference in subsection (1) or (3) to the state of mind of a person includes a reference to: (a) the knowledge, intention, opinion, belief or purpose of the person; and (b) the person’s reasons for the intention, opinion, belief or purpose. (7) A reference in this section to a director of a body corporate includes a reference to a constituent member of, or to a member of a board or other group of persons administering or managing the affairs of, a body corporate incorporated for a public purpose by a law of the Commonwealth, of a State or of a Territory. (8) A reference in this section to engaging in conduct includes a reference to failing or refusing to engage in conduct. (9) A reference in this section to an offence against this Act includes: (a) an offence created by section 6 of the Crimes Act 1914 that relates to this Act; and (b) an offence against section 11.1, 11.4 or 11.5 of the Criminal Code that relates to this Act.

26 Regulations

(1) The Governor‑General may make regulations, not inconsistent with this Act: (a) prescribing all matters which by this Act are required or permitted to be prescribed or which are necessary or convenient to be prescribed for carrying out or giving effect to this Act; (b) for the purpose of carrying out and giving effect to the Chicago Convention, as amended by the Protocols referred to in subsection 3A(2), any Annex to the Convention relating to international standards and recommended practices (being an Annex adopted in accordance with the Convention) and the Air Transit Agreement; (c) in relation to air navigation within a Territory or to or from a Territory; (d) in relation to air navigation, being regulations with respect to trade and commerce with other countries and among the States; and (e) in relation to air navigation, being regulations with respect to any other matter with respect to which the Parliament has power to make laws. (1A) Regulations under subsection (1) may apply to, and in relation to, state aircraft. (2) Without limiting the generality of the preceding provisions of this section, the regulations that may be made under the powers conferred by those provisions include regulations for or in relation to: (c) the licensing of air transport operations; (ca) the charging and recovery of fees and other charges in respect of matters specified in the regulations, being matters in relation to which expenses are incurred by the Commonwealth under this Act or under the regulations, but not being fees or charges the amounts or rates of which exceed amounts or rates that are reasonably related to the expenses incurred by the Commonwealth in relation to the matters in respect of which the fees or charges are payable or that otherwise amount to taxation; (d) controlling the provision for reward of air transport within a Territory or to or from a Territory; (e) the establishment, maintenance, operation and use of aerodromes; (i) the formal proof and authentication of instruments made or issued under this Act or the regulations; and (k) the imposition of penalties not exceeding a fine of 50 penalty units for a contravention of, or failure to comply with, a provision of the regulations or a direction, instruction or condition issued, given, made or imposed under, or in force by virtue of, the regulations; and (l) enabling a person who is alleged to have contravened a specified provision of the regulations to pay to the Commonwealth, as an alternative to prosecution, a specified penalty, not exceeding an amount equal to one‑fifth of the maximum penalty prescribed for contravening that provision. (4) The preceding provisions of this section (including provisions that do not contain references to the States or to a Territory) have effect as if the Northern Territory were a State. (5) A law of the Northern Territory does not have effect to the extent to which it is inconsistent with a provision of the regulations having effect in that Territory.

27 Extra‑territorial operation of regulations

(1) Any provisions of the regulations may be expressed to apply to and in relation to any of the following: (a) Australian aircraft; (b) aircraft (other than Australian aircraft) engaged in Australian international carriage; (c) passengers on board, and members of the crew of, aircraft referred to in paragraph (a) or (b); while the aircraft are outside Australian territory. (2) In this section:

airline means a person engaged in the provision of air services.

Australian international carriage means the carriage of passengers or freight, or both passengers and freight, whether within or outside Australian territory, by an aircraft that:

(a) is operated by an airline that is designated, nominated or otherwise similarly authorised by Australia under a bilateral arrangement to engage in such carriage; or
(b) is operated by an airline incorporated in Australia; or
(c) is operated by an airline having its principal place of business in Australia; or
(d) is operated by an Australian operator and is subject to section 15A or 17; or
(e) is operated jointly by:
(i) an airline referred to in paragraph (a), (b) or (c); and
(ii) another person;
but is under the control of the airline referred to in subparagraph (i); or
(f) is subject to section 15A or 17 and is operated jointly by:
(i) an Australian operator; and
(ii) another person;
but is under the control of the Australian operator.

Australian operator means:

(a) an individual who:
(i) is an Australian citizen; or
(ii) is ordinarily resident in Australia; or
(b) a body corporate that:
(i) is incorporated in Australia; or
(ii) has its principal place of business in Australia.

bilateral arrangement means an agreement or arrangement between:

(a) Australia, or an entity or organisation nominated or otherwise similarly authorised by Australia to enter into the agreement or arrangement; and
(b) a foreign country;

under which the carriage by air of passengers or freight, or both passengers and freight, between Australia and the foreign country is permitted.

foreign country includes any region:

(a) that is part of a foreign country; or
(b) that is under the protection of a foreign country; or
(c) for whose international relations a foreign country is responsible.

(3) For the purposes of this section: (c) an aircraft is taken to be subject to section 15A if the aircraft is, or apart from subsection 15A(5) would be, prohibited from taking on in Australian territory passengers, cargo or mail for carriage for reward, or discharging in Australian territory passengers, cargo or mail carried for reward, unless a permission for the carriage is or was in force under section 15D and the carriage is or was in accordance with the permission; and (d) an aircraft is taken to be subject to section 17 if the aircraft is, or apart from subsection 17(1C) would be, prohibited from arriving in Australian territory from a place outside Australian territory, or from departing from Australian territory for a place outside Australian territory, without the permission of the Secretary.

27A Registration of security interests in relation to aircraft and components of aircraft

(1) This section applies to an aircraft: (a) that engages in trade or commerce: (i) between Australia and places outside Australia; or (ii) among the States; or (iii) within a Territory; or (iv) between a State and a Territory; or (v) between 2 Territories; or (b) that is owned by a body corporate that: (i) is a foreign corporation; or (ii) is incorporated in a Territory; or (iii) is a trading corporation formed within the limits of the Commonwealth (other than a trading corporation incorporated in a Territory); or (iv) is a financial corporation formed within the limits of the Commonwealth (other than a financial corporation incorporated in a Territory). (2) Without prejudice to the operation that subsection (1) has apart from this subsection, that subsection also has the effect that it would have if: (a) the reference to an aircraft that is owned by a body corporate that is a trading corporation formed within the limits of the Commonwealth were a reference only to such an aircraft that is used by the body corporate for the purposes of its trading activities; and (b) the reference to an aircraft that is owned by a body corporate that is a financial corporation formed within the limits of the Commonwealth were a reference only to such an aircraft that is used by the body corporate for the purposes of its financial activities. (3) In this section:

hire‑purchase agreement, in relation to an aircraft or a component of an aircraft, means an agreement for the bailment of the aircraft or component under which:

(a) the bailee may buy the aircraft or component; or
(b) the property in the aircraft or component will or may pass to the bailee.

instalment purchase agreement, in relation to an aircraft or a component of an aircraft, means an agreement for the purchase of the aircraft or component by instalments (whether the instalments are described as instalments of the purchase price, as rent, as hiring charges or otherwise) other than such an agreement:

(a) under which the property in the aircraft or component passes to the purchaser when the agreement is made; or
(b) in respect of which the purchaser is a person who is engaged in the business of selling aircraft or components of aircraft.

security interest, in relation to an aircraft or a component of an aircraft:

(a) means:
(i) a mortgage, charge or other encumbrance over the aircraft or component; or
(ii) any other interest in, or any power over or in relation to, the aircraft or component (however the interest or power is created) for the purpose of securing repayment of a debt (including payment of interest on a debt) or the performance of any other obligation; and
(iii) any other interest in the aircraft or component that is of a kind declared by the regulations to be a security interest; and
(b) includes:
(i) if the aircraft or component is the subject of a hire‑purchase agreement—the interest of the bailee under the agreement; and
(ii) if the aircraft or component is the subject of an instalment purchase agreement—the interest of the purchaser under the agreement.

(4) The regulations may make provision for or in relation to the following: (a) the establishment or keeping of a register containing particulars of security interests in relation to aircraft and components of aircraft; (b) the appointment of a person (the registrar) to keep the register; (c) requiring the owner of an aircraft or of a component of an aircraft to notify the registrar of particulars of any security interest, a change in any particulars entered in the register in relation to a security interest, or the termination of a security interest, in relation to the aircraft or component; (d) the period within which, and the manner and form in which, a notification is to be given, including any documents to be lodged with, and any information to be given to, the registrar in connection with a notification; (e) the manner in which any such document or information is to be verified (which may include verification by means of a statutory declaration); (f) the registration of particulars of a security interest duly notified, the amendment of registered particulars of a security interest and the cancellation of the registration of particulars of a security interest; (g) the publishing by the registrar of information about the registration of particulars of a security interest, the amendment of registered particulars of a security interest or the cancellation of the registration of particulars of a security interest; (h) the giving by the registrar of a certificate in relation to the registration of particulars of a security interest and the amendment or cancellation of such a certificate; (i) the return by the registrar of documents to the person by whom they were lodged; (j) the return of certificates to the registrar for amendment or cancellation; (k) the giving by the registrar of copies of, or extracts from, entries on the register; (l) the prescribing of fees for: (i) the registration of particulars of a security interest, the amendment of registered particulars of a security interest or the cancellation of the registration of particulars of a security interest; or (ii) the giving by the registrar of certificates in relation to the registration of particulars of a security interest or the amendment or cancellation of such a certificate; or (iii) the giving by the registrar of copies of, or extracts from, entries on the register or documents lodged with the registrar; (m) providing that a notification to the registrar is taken not to be duly given unless and until: (i) the notification is given in the manner and form, and is accompanied by the documents and information, required by the regulations; and (ii) any relevant prescribed fees are paid; (n) the prescribing of penalties (not exceeding a fine of 50 penalty units) for offences against regulations made for the purposes of any of the above paragraphs. (5) The fees that may be prescribed under paragraph (4)(l) may not exceed amounts or rates that are reasonably related to the expenses incurred by the Commonwealth in relation to the matters in respect of which the fees are prescribed. (6) A person is not taken to have notice of any matter relating to a security interest in relation to an aircraft or a component of an aircraft merely because of anything entered in the register in relation to the aircraft or component.

29 Annual report

(1) The Secretary shall, as soon as practicable after 30 June in each year, prepare and furnish to the Minister a report on the administration and operation of this Act and the regulations during the year that ended on that 30 June and on such other matters concerning civil aviation as the Secretary considers should be included in the report. (2) The Minister shall cause a copy of a report furnished to him or her under subsection (1) to be laid before each House of the Parliament within 15 sitting days of that House after the day on which he or she receives the report.

30 Powers and functions under State and Northern Territory laws

It is hereby declared to be the intention of the Parliament that an officer, authority or person having powers or functions under this Act or the regulations may also have, exercise and perform similar powers or functions conferred by the law of a State or of the Northern Territory relating to air navigation.

31 Delegation

(1) The Minister or the Secretary may, either generally or in relation to a matter or class of matters, by signed writing, delegate to a person or persons all or any of his or her powers and functions under this Act except this power of delegation. (2) A power or function so delegated may be exercised or performed by the delegate in accordance with the instrument of delegation. (3) A delegation under this section is revocable at will and does not prevent the exercise of a power or the performance of a function by the Minister or the Secretary, as the case may be.