Air Navigation Regulations 2026

The Air Navigation Regulations 2026 is a statutory instrument, made under the Air Navigation Act 1920 (s 3), that sets detailed regulatory procedures and operational requirements for international air services to, from or over Australian territory. It commenced on 1 April 2026 (s 2). The instrument replaces and carries forward aspects of the Air Navigation Regulation 2016 via transitional provisions (Part 8, ss 42-45). Mechanically, the instrument:

Establishes mandatory reporting and information powers for the Secretary, requiring registered aircraft holders and operators to provide statistical information, traffic, cost and financial data, and to respond to written notices within specified minimum timeframes (Part 2, ss 5-6). It also directs the Secretary to pass relevant international operations information to the Council of the International Civil Aviation Organization in accordance with Article 67 of the Convention (s 7).
Creates a licensing regime for airlines operating scheduled international air services, including the content of licence applications, standard and additional licence conditions, timeframes for decisions and grounds and procedures for variation, suspension and cancellation (Part 3, ss 11-20). The instrument preserves existing licences under the previous regulation (s 43).
Regulates tariffs and timetables for scheduled international services. Licence holders may be required to submit tariffs or timetables for approval, the Secretary may approve, condition, reject or take no action with deemed approvals in limited timeframes, and there are statutory offences and penalties for applying or advertising tariffs or services contrary to the Regulations (Parts 4 and 5, ss 21-31).
Provides for limited automation of administrative action relating to timetable approvals, including the Secretary arranging for computer programs to take administrative action under the Secretary’s oversight (s 28), with statutory safeguards, publication and reporting obligations (s 29).

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Commonwealth Coat of Arms of Australia

Air Navigation Regulations 2026

I, the Honourable Sam Mostyn AC, Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulations.

Dated 5 March 2026

Sam Mostyn AC

Governor‑General

By Her Excellency’s Command

Catherine King

Minister for Infrastructure, Transport, Regional Development and Local Government

Contents

Part 1—Preliminary

1 Name

2 Commencement

3 Authority

4 Definitions

Part 2—Statistical returns and other information

5 Statistical returns and other information

6 Traffic reports, cost statistics and financial statements

7 Information to be provided to the Council

8 Confidential information

9 Failure to give information to the Secretary

10 Self‑incrimination

Part 3—International airline licences

Division 1—Applying for a licence

11 Applying for a licence

Division 2—Grant of a licence

12 Deciding application

13 Grant of licence and conditions

14 Refusal to grant a licence

15 Duration of a licence

Division 3—Variation, suspension or cancellation of a licence

16 Grounds for varying, suspending or cancelling a licence

17 Notice of proposed action to vary, suspend or cancel a licence

18 Notice of decision to vary, suspend or cancel a licence

Division 4—Obligations of licence holders

19 Licence holder must lodge compliance declaration

20 Licence holder must notify change of address

Part 4—Tariffs

21 Submitting tariffs for approval

22 Approval of tariffs

23 Secretary may ask for additional information

24 Application of tariffs

Part 5—Timetables

25 Application for approval of a timetable

26 Approval of a timetable

27 Conditions that may be imposed in relation to approved timetable

28 Automation of administrative action

29 Oversight and safeguards for automation of administrative action

30 Varying, suspending, cancelling etc.

31 Circumstances in which non‑compliance with approved timetable is permitted

Part 6—Offences relating to international flights

32 Advertising scheduled international air service without licence

33 Advertising non‑scheduled flights

34 Operation of air service not in accordance with approved timetable

Part 7—Miscellaneous

35 Smoking on an aircraft

36 Exemption of aircraft and spare parts from seizure on patent claims

37 Secretary may give directions in relation to the Convention

38 Production of documents

39 Review of certain decisions

40 Evidence

41 Delegation by Secretary

Part 8—Transitional provisions

Division 1—Transitional provisions on commencement

42 Definitions for Division

43 International airline licences

44 Approved timetables

45 References to provisions of the old Regulation

Part 1—Preliminary

1 Name

This instrument is the Air Navigation Regulations 2026.

2 Commencement

(1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Commencement information
Column 1 Column 2 Column 3
Provisions Commencement Date/Details
1. The whole of this instrument 1 April 2026. 1 April 2026

Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.

(2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.

3 Authority

This instrument is made under the Air Navigation Act 1920.

4 Definitions

(1) In this instrument:

ACN has the same meaning as in the Corporations Act 2001.

Act means the Air Navigation Act 1920.

agreement means the Air Transit Agreement or another agreement or arrangement referred to in paragraph 13(3)(b) of the Act.

airline means the operator of an air transport service.

air transport service means a service for the carriage of persons or cargo by air for hire or reward.

approved timetable means a timetable approved by the Secretary under section 26 (including any subsequent variations made under section 30).

Australian international carriage has the meaning given by subsection 27(2) of the Act.

cargo means property carried on board an aircraft other than stores, baggage or carry‑on luggage.

code sharing has the same meaning as in the International Air Services Commission Act 1992.

Convention means the Chicago Convention, as amended by the Protocols referred to in subsection 3A(2) of the Act, and includes any Annex to the Convention relating to international standards and recommended practices (being an Annex adopted in accordance with the Convention).

Council means the Council of the International Civil Aviation Organization.

international airline licence means a licence granted by the Secretary under section 13.

licence holder means an airline that holds an international airline licence.

northern summer means the period that begins at the start of the last Sunday in March of a year and ends immediately before the start of the last Sunday in October of the year (in each case in accordance with Universal Coordinated Time).

northern winter means the period that begins at the start of the last Sunday in October of a year and ends immediately before the start of the last Sunday in March of the immediately following year (in each case in accordance with Universal Coordinated Time).

owner, of an aircraft, has a meaning affected by subsection (2).

regulated aircraft means an aircraft that:

(a) is engaged 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) is owned or operated by a corporation to which paragraph 51(xx) of the Constitution applies; or

(d) is engaged in Australian international carriage outside Australian territory.

relevant agreement, for a scheduled international air service, means an agreement that governs the service.

relevant foreign country, for an airline, means a country (other than Australia):

(a) in which the airline is incorporated; or

(b) in which the airline has its place of business; or

(d) the government of which directly or indirectly controls the airline; or

(e) of which the airline is a designated airline for the purposes of the relevant agreement for a scheduled international air service that the airline operates.

stores, in relation to an aircraft, means items properly for use, sale or consumption on board the aircraft in flight.

tariff means both of the following:

(a) the price for the carriage of passengers, baggage or cargo, other than mail;

(b) the conditions governing the availability of the price.

timetable, in relation to scheduled international air services on a route, includes each of the following:

(a) the route;

(b) the times of departure of services from, and arrival of services at, each terminal and any intermediate stopping place on the route;

(d) the capacity of the services on all or part of the route;

(e) the type of aircraft operating, or that may operate, on all or part of the route.

traffic includes a passenger or an item of mail or cargo.

type of traffic includes traffic identified by reference to its earliest origin or intended ultimate destination, whether or not that origin or destination is on the route of the service concerned.

Owner of an aircraft

(2) A reference in this instrument to the owner of an aircraft includes a reference to the hirer of an aircraft if, under a contract for the hire or charter of the aircraft, the control, maintenance and operation of the aircraft is vested in the hirer.

Part 2—Statistical returns and other information

5 Statistical returns and other information

(1) Subsection (2) applies in relation to a person who:

(a) holds a certificate of registration for an aircraft under the Civil Aviation Safety Regulations 1998; or

(b) operates an aircraft.

(2) The Secretary may, by written notice given to the person, require the person to give the Secretary any specified statistical information that the person possesses, or is reasonably able to obtain, in relation to any of the following:

(a) the aircraft;

(b) passengers or cargo carried on the aircraft;

(d) flights made by the aircraft.

(3) The notice must specify a reasonable period within which the person must provide the information to the Secretary. The period must end at least 7 days after the day the notice is given.

6 Traffic reports, cost statistics and financial statements

(1) Subsection (2) applies in relation to a person who is:

(a) an airline; or

(b) the owner of an aircraft engaged in an air transport service.

(2) The Secretary may, by written notice given to the person, require the person to give the Secretary information relating to any of the following:

(a) traffic;

(b) fuel consumption;

(d) financial statements (including details of all receipts and the sources of those receipts).

(3) The notice must specify a reasonable period within which the person must provide the information to the Secretary. The period must end at least 7 days after the day the notice is given.

7 Information to be provided to the Council

(1) In accordance with Article 67 of the Convention, the Secretary must give the Council any information supplied to the Secretary under subsection 6(2) if the information relates to the international operations of Australian airlines.

(2) In accordance with the Convention, the Secretary may give the Council any other relevant information supplied to the Secretary under subsection 6(2).

8 Confidential information

If a person has obtained information in accordance with subsection 5(2) or 6(2), the person must not disclose the information in a way that allows individual responses to be identified, except:

(a) in accordance with section 7; or

(b) in the course of performing a function under the Act or this instrument; or

9 Failure to give information to the Secretary

(1) A person commits an offence if:

(a) the person is given a notice under subsection 5(2) or 6(2); and

(b) the person fails to comply with the notice.

Penalty: 10 penalty units.

(2) If a person is convicted of an offence against subsection (1) for failing to comply with a notice, a court of competent jurisdiction may, in addition to imposing any pecuniary or other penalty, order the defendant to comply with the notice.

Note: Sections 137.1 and 137.2 of the Criminal Code create offences for providing false or misleading information or documents.

10 Self‑incrimination

(1) A person is not excused from giving information under section 5 or 6 on the ground that the information might tend to incriminate the person or expose the person to a penalty.

(2) However, if the person is an individual:

(a) the information; and

(b) the giving of the information; and

are not admissible in evidence against the person in a criminal proceeding, or any other proceeding for the recovery of a penalty, other than a proceeding under section 137.1 or 137.2 of the Criminal Code that relates to the giving of the information.

Part 3—International airline licences

Division 1—Applying for a licence

11 Applying for a licence

(1) An airline proposing to operate scheduled international air services over, into or out of Australian territory may apply, in writing, to the Secretary for an international airline licence.

(2) Subject to subsection (3), the application must include the following:

(a) the applicant’s name and address;

(b) the applicant’s contact telephone number in Australia;

(i) evidence of its place of incorporation and corporate existence;

(ii) its ACN if incorporated in Australia, or its business registration details if incorporated in another country;

(iii) the address of its registered office if incorporated in Australia, or the address of its corporate headquarters if incorporated in another country;

(iv) evidence of the corporation’s ownership and control arrangements unless paragraph (d) applies;

(d) if the applicant is an airline of a relevant foreign country and subject to requirements as to its principal place of business under an agreement operating between the country and Australia—evidence of one or more of the following:

(i) substantial operations and capital investment in facilities of the applicant in the relevant foreign country;

(ii) payment of tax by the applicant in that country;

(iii) registration of the applicant’s aircraft in that country;

(iv) that a substantial proportion of the applicant’s employees are citizens of that country;

(e) details of the proposed scheduled international air services to be covered by the licence, including the type of aircraft to be used;

(f) evidence of insurance coverage for the proposed scheduled international services in relation to:

(i) passenger liability; and

(ii) third party liability; and

(iii) cargo and baggage liability; and

(iv) liability for injury and loss as a result of active hostilities or civil unrest;

(g) a copy of an Air Operator’s Certificate issued to the applicant under Division 2 of Part III of the Civil Aviation Act 1988 that is applicable to the proposed scheduled international air services;

(h) evidence that the applicant has a transport security program approved under Part 2 of the Aviation Transport Security Act 2004;

(i) if the applicant is an Australian carrier within the meaning of the International Air Services Commission Act 1992—details of the applicant’s capacity, as allocated by the International Air Services Commission.

Code sharing

(3) If the applicant proposes to only operate scheduled international air services using code sharing, the application:

(a) does not need to include the information mentioned in paragraphs (2)(g) and (h); and

(b) must include details of the international airline or airlines the applicant intends to code share with.

Division 2—Grant of a licence

12 Deciding application

(1) The Secretary must make a decision on an application for an international airline licence made in accordance with section 11.

(2) The Secretary may request, in writing, further information from the applicant for the purposes of making a decision on the application.

(3) In making a decision on the application, the Secretary may take into account:

(a) anything in the application, or in any other document, submitted by the applicant to the Secretary; and

(b) any other matter the Secretary considers relevant.

13 Grant of licence and conditions

(1) If the Secretary decides to grant an international airline licence on an application made under section 11, the Secretary must:

(a) give the applicant notice of the decision, in writing, within 14 days after the decision is made; and

(b) advise the applicant of the terms of the licence and the conditions to which the licence is subject.

Standard licence conditions

(2) The following conditions apply to an international airline licence at the time of its grant:

(a) the licence holder must continue to maintain a contact telephone number in Australia;

(b) the licence holder must provide the Secretary with compliance declarations in accordance with section 19;

(d) the licence holder must comply with the following:

(i) the Act and this instrument;

(ii) the Air Navigation (Aircraft Noise) Regulations 2018;

(iii) the Civil Aviation Act 1988 and any instrument made under that Act;

(iv) the Aviation Transport Security Act 2004 and any instrument made under that Act;

(v) the Civil Aviation (Carriers’ Liability) Act 1959 and any instrument made under that Act;

(vi) if the licence holder is Qantas—the Qantas Sale Act 1992.

Additional conditions

(3) The Secretary may impose additional conditions on the grant of an international airline licence.

Note: For review of a decision by the Secretary to impose a condition on an international airline licence, see section 23A of the Act.

(4) Without limiting subsection (3), the Secretary may limit the scheduled international air services that may be operated under the licence.

14 Refusal to grant a licence

If the Secretary decides to refuse to grant an international airline licence on an application made under section 11, the Secretary must give the applicant notice of the decision, in writing, within 14 days after the decision is made.

Note: For review of a decision by the Secretary to refuse to grant an international airline licence, see section 23A of the Act.

15 Duration of a licence

(1) An international airline licence granted under section 13 commences on the day specified in the licence.

(2) The licence continues until it is cancelled:

(a) in accordance with Division 3 of this Part; or

(b) at the request of the licence holder.

Division 3—Variation, suspension or cancellation of a licence

16 Grounds for varying, suspending or cancelling a licence

(1) The Secretary may, subject to the requirements of section 17, vary the conditions imposed on an existing international airline licence for any reason (including by removing a condition or imposing an additional condition).

(2) The Secretary may, subject to the requirements of section 17, otherwise vary an international airline licence, or suspend or cancel an international airline licence, for any of the following reasons:

(a) the licence holder requests, in writing, that the licence be varied, suspended or cancelled;

(b) the licence holder breaches a condition of the licence;

(i) the licence holder is likely to breach a condition of the licence; and

(ii) the likely breach is reasonably expected to affect the safety or security of air navigation in Australia;

(d) in the Secretary’s opinion:

(i) adequate provision has not been made, by the government or an authority of a relevant foreign country that has regulatory oversight of the licence holder, to ensure that the licence holder substantially conforms to and complies with the standards, practices and procedures set out in the Convention and the Air Transit Agreement; and

(ii) the lack of provision is reasonably expected to affect the safety or security of air navigation in Australia;

(e) the licence holder, or the government or an authority of a relevant foreign country for the licence holder, has contravened the relevant agreement for a scheduled international air service operated by the licence holder;

(f) in the Secretary’s opinion, it is necessary or desirable to do so for the purpose of preserving or promoting fair competition in international air transport services;

(g) the licence holder does not operate scheduled international air services on a route in accordance with the approved timetable for the route, or does not operate services on the route in accordance with a condition subject to which the timetable is approved (other than in a circumstance mentioned in section 31);

(h) there has been a substantial change in any of the matters to which the Secretary had regard under subsection 26(2) when approving the timetable for a route on which the licence holder operates scheduled international air services;

(i) if it is in the public interest to vary, suspend or cancel the licence.

Note: For review of a decision by the Secretary to vary, refuse to vary, suspend or cancel an international airline licence, see section 23A of the Act.

(3) A previous decision by the Secretary to suspend a licence does not prevent the Secretary from deciding to cancel the licence while the suspension is in effect.

17 Notice of proposed action to vary, suspend or cancel a licence

(1) Before varying, suspending or cancelling an international airline licence under section 16, the Secretary must give the licence holder notice in writing of the proposed variation, suspension or cancellation, including:

(a) a statement setting out the reasons for the proposed variation, suspension or cancellation; and

(b) a period during which the licence holder may respond to the notice before the Secretary decides to take the proposed action.

(2) The period for the purposes of paragraph (1)(b) must not end until at least 35 days after the notice is given.

(3) However, the Secretary is not required to give the licence holder notice if:

(a) the Secretary is satisfied that there is a need to take urgent action because the reason for the variation, suspension or cancellation represents a risk to public safety or security; or

(b) the variation, suspension or cancellation was requested, in writing, by the licence holder.

(4) If the licence holder responds to the notice within the period allowed by the notice, the Secretary must consider the response before making a decision under section 16 to vary, suspend or cancel the licence.

18 Notice of decision to vary, suspend or cancel a licence

Notice of decision to vary

(1) If the Secretary decides to vary an international airline licence (including by varying the conditions imposed on the licence), the Secretary must give the licence holder notice in writing of the decision that includes:

(a) the terms of the variation; and

(b) the reasons for the variation; and

Notice of decision to suspend

(2) If the Secretary decides to suspend an international airline licence, the Secretary must give the licence holder notice in writing of the decision that includes:

(a) the reasons for the suspension; and

(b) the day the suspension takes effect, which must not be earlier than the day the notice is given; and

(3) The period of a suspension for any particular breach, or for a particular reason, must not be more than 6 months. However, the total period of a suspension may be longer if there are multiple grounds for the suspension, and the Secretary may decide to extend an existing suspension if additional grounds for suspension exist.

Notice of decision to cancel

(4) If the Secretary decides to cancel an international airline licence, the Secretary must the give the licence holder in writing of the decision that includes:

(a) the reasons for the cancellation; and

(b) the day the cancellation takes effect, which must not be earlier than the day the notice is given.

Division 4—Obligations of licence holders

19 Licence holder must lodge compliance declaration

(1) A licence holder must periodically complete, in a form approved by the Secretary, a declaration about the licence holder’s ongoing compliance with licence conditions and other requirements connected to the operation of international air services.

Example: The form may require a declaration relating to whether the licence holder still has a relevant Air Operator’s Certificate and transport security program.

(2) The licence holder must give the Secretary a completed compliance declaration:

(a) at least 35 days before the commencement of each northern summer and each northern winter; or

(b) if the Secretary allows the declaration to be lodged by a later day—on or before that day.

(3) The Secretary may, by written notice, require the licence holder to provide documents or evidence to verify any information stated in a compliance declaration.

20 Licence holder must notify change of address

(1) A licence holder must notify the Secretary of a change to the licence holder’s place of business or the address to which any communication under the Act or this instrument may be sent.

(2) The licence holder must notify the Secretary of the change, in writing, no later than 28 days after the change occurs.

(3) A person commits an offence if:

(a) the person is required to notify the Secretary under subsection (1); and

(b) the person does not notify the Secretary in accordance with subsection (2).

Penalty: 10 penalty units.

Part 4—Tariffs

21 Submitting tariffs for approval

(1) A licence holder may submit a tariff for a scheduled international air service to the Secretary for approval.

(2) The Secretary may, by notice in writing, direct a licence holder to submit a tariff for a scheduled international air service to the Secretary for approval.

(3) A notice under subsection (2):

(a) must state the tariff the direction relates to; and

(b) must state a period, not shorter than 14 days, within which the licence holder must submit the tariff to the Secretary for approval; and

(4) If the Secretary gives a licence holder a direction under subsection (2), the licence holder must comply with the direction.

22 Approval of tariffs

(1) If a licence holder submits a tariff for a scheduled international air service to the Secretary under subsection 21(1) or (2), the Secretary may:

(a) approve the tariff; or

(b) approve the tariff subject to conditions; or

Note: For review of a decision by the Secretary under this subsection, see section 39.

(2) In making a decision under subsection (1), the Secretary must take the following into account:

(a) the public interest;

(b) the relevant agreement for the scheduled international air service concerned;

(c) the need for air transport services to operate on a satisfactory economic basis in an environment where there is due regard for the interests of consumers of those services.

(3) If the Secretary makes a decision under subsection (1), the Secretary must give the licence holder notice, in writing, of:

(a) the decision; and

(b) the reasons for the decision.

(4) If the Secretary does not make a decision under subsection (1) about a tariff within 7 days after the tariff is submitted to the Secretary, the tariff is taken to have been approved by the Secretary at the end of that period.

23 Secretary may ask for additional information

(1) The Secretary may, in writing, ask a licence holder who has submitted a tariff under subsection 21(1) or (2) to give the Secretary additional information to assist the Secretary to make a decision under subsection 22(1).

(2) If the Secretary makes a request under subsection (1) of this section in relation to a tariff, the period mentioned in subsection 22(4) in relation to the tariff is suspended from the day the request is made until the end of the day the Secretary receives the information.

24 Application of tariffs

(1) If, under subsection 22(1), the Secretary refuses to approve a tariff, the licence holder who submitted the tariff must not apply the tariff or allow the tariff to be applied.

(2) If, under subsection 22(1), the Secretary approves a tariff subject to conditions, the licence holder who submitted the tariff must not apply the tariff or allow the tariff to be applied unless the conditions are met.

Part 5—Timetables

25 Application for approval of a timetable

(1) A licence holder must apply to the Secretary for approval of a timetable for each route on which the licence holder operates scheduled international air services to or from Australian territory.

(2) An application under subsection (1) must:

(a) if the Secretary has approved a form in writing—be in the approved form;

(b) specify the period for which approval is sought (which must not be longer than 12 months); and

(c) include, in relation to the route, details of each of the matters mentioned in paragraphs (a) to (e) of the definition of timetable in subsection 4(1).

(3) An application under subsection (1) must be lodged with the Secretary:

(a) at least 35 days before the start of the period for which approval is sought; or

(b) if the Secretary allows the application to be lodged by a later day that is before the start of the period for which approval is sought—on or before that day.

(4) If the Secretary needs further information to determine an application made under subsection (1):

(a) the Secretary may, by notice in writing, require the licence holder to provide the information; and

(b) the Secretary is not bound to consider the application further, or to determine the application, until such information is provided to the Secretary.

26 Approval of a timetable

(1) If the Secretary receives an application under subsection 25(1) from a licence holder for approval of a timetable for a route for scheduled international air services, the Secretary may:

(a) approve the timetable; or

(b) approve the timetable:

(i) with specified variations; or

(ii) subject to specified conditions; or

Note: For review of a decision by the Secretary under this subsection, see section 39.

(2) In making a decision under subsection (1), the Secretary may have regard to the following:

(a) the relevant agreement for the scheduled international air services;

(b) the matters referred to in paragraphs (a) to (e) of the definition of timetable in subsection 4(1);

(c) the likely type, proportion or amount of traffic, or the origin or destination of traffic, that may be carried by the services on all or part of the route;

(d) any approved timetable of, and any other timetable for which the Secretary has received an application under subsection 25(1) from:

(i) the licence holder; or

(ii) another airline from the same country as the licence holder; or

(iii) an airline of a country in which a terminal or intermediate stopping place on the route is situated;

(e) whether, in the opinion of the Secretary, the licence holder, or the government or an authority of a relevant foreign country for the licence holder:

(i) has impeded or limited an Australian airline in, or prevented an Australian airline from, providing an international air service; or

(ii) has engaged in unfair, discriminatory or restrictive practices in relation to an international air service provided by an Australian airline; or

(iii) has denied an Australian airline fair and equal opportunity in the provision of an international air service;

(f) whether, in the opinion of the Secretary, the licence holder, or the government or an authority of a relevant foreign country for the licence holder, has contravened the relevant agreement for the scheduled international air services;

(g) the public interest;

(h) any other relevant matter.

(3) If the Secretary approves the timetable under subsection (1), the approval has effect for the period, not exceeding 12 months, specified by the Secretary.

(4) The Secretary must give the licence holder written notice of the Secretary’s decision under subsection (1) and include the following:

(a) if the timetable is approved—the period for which the timetable is approved;

(b) if the timetable is approved subject to variations—the details of, and the reasons for, the variations;

(d) if the timetable is rejected—the reasons for the rejection.

(5) The Secretary must, if practicable, notify the licence holder of the decision the Secretary has made under subsection (1) before the first day of the period for which the licence holder sought approval of the timetable.

27 Conditions that may be imposed in relation to approved timetable

Without limiting the conditions that may be imposed in relation to an approved timetable for a route for scheduled international air services, a condition may relate to:

(a) the proportion or amount of traffic, or a type of traffic, that may be carried by the services on all or part of the route; or

(b) whether advertising is permitted, the manner of advertising, or the content of advertisements, in Australia, by or on behalf of the licence holder, in relation to:

(i) services on the route; or

(ii) any service operated by the licence holder to, from or through any point situated on the route.

28 Automation of administrative action

(1) The Secretary may, in writing, arrange for the use, under the Secretary’s oversight, of computer programs to take administrative action that must be taken by the Secretary under section 26.

Note: The Secretary may delegate this power only to SES employees, or acting SES employees, in the Department (see paragraph 41(1)(a)).

(2) Administrative action is any of the following:

(a) making, or refusing or failing to make, a decision;

(b) exercising, or refusing or failing to exercise, a power;

(d) doing, or refusing or failing to do, anything related to making a decision, exercising a power or performing a function or duty.

Secretary is treated as having taken administrative action

(3) Administrative action taken by the operation of a computer program under an arrangement under subsection (1) is treated, for all purposes, as administrative action taken by the Secretary.

Substituting administrative action

(4) The Secretary may take administrative action (the substituted action) in substitution for administrative action the Secretary is treated as having taken under subsection (3) if the Secretary is satisfied that the administrative action taken by the operation of the computer program is not correct.

(5) The substituted action takes effect on:

(a) if the Secretary specifies the day on which the substituted action takes effect—that specified day; or

(b) otherwise—the day of the administrative action taken by the operation of the computer program.

(6) The day specified under paragraph (5)(a) may be earlier than the day the substituted action is taken, but not earlier than the day of the administrative action taken by the operation of the computer program.

Secretary may still take administrative action

(7) An arrangement under subsection (1) does not prevent the Secretary from taking administrative action under section 26.

Arrangement not a legislative instrument

(8) An arrangement under subsection (1) is not a legislative instrument.

29 Oversight and safeguards for automation of administrative action

Secretary to ensure administrative action is action that could be validly taken

(1) The Secretary must take all reasonable steps to ensure that administrative action taken by the operation of a computer program under an arrangement under subsection 28(1) is administrative action that the Secretary could validly take under section 26.

Note: Administrative action may still be invalid even if subsection (1) is complied with.

(2) A failure to comply with subsection (1) does not affect the validity of the administrative action taken by the operation of a computer program under an arrangement under subsection 28(1).

Publication

(3) If the Secretary makes an arrangement under subsection 28(1) in relation to section 26 of this instrument, the Secretary must cause a statement to be published on the Department’s website to the effect that the Secretary has made such an arrangement.

Details in annual report

(4) The Secretary, when preparing the Department’s annual report under section 46 of the Public Governance, Performance and Accountability Act 2013 for a period, must include the following information in that report:

(a) the total number of substituted actions taken by the Secretary under subsection 28(4) in that period;

(b) the kind of substituted actions so taken;

(c) the kind of administrative action taken by the operation of the computer program that the Secretary was satisfied was not correct.

(5) The Secretary may also include in the report any other information (other than personal information) about the operation of section 28 and this section in that period that the Secretary considers appropriate.

30 Varying, suspending, cancelling etc.

(1) The Secretary may do any of the following in relation to an approved timetable for a route for scheduled international air services if any of the circumstances in subsection (2) exists:

(a) vary the timetable:

(b) suspend or cancel the approval of the timetable;

(d) impose a further condition in relation to the approved timetable.

Note: For review of a decision by the Secretary under this subsection, see section 39.

(2) For the purposes of subsection (1), the Secretary may take action if:

(a) the licence holder operates services on the route otherwise than in accordance with the approved timetable and any conditions imposed by the Secretary in relation to the approved timetable (except in a circumstance mentioned in section 31); or

(b) the licence holder fails to operate services on the route in accordance with the approved timetable (except in a circumstance mentioned in section 31); or

(c) in the opinion of the Secretary, the licence holder, or the government or an authority of a relevant foreign country for the licence holder:

(i) has impeded or limited an Australian airline in, or prevented an Australian airline from, providing a scheduled international air service; or

(ii) has engaged in unfair, discriminatory or restrictive practices in relation to a scheduled international air service provided by an Australian airline; or

(iii) has denied an Australian airline fair and equal opportunity in the provision of a scheduled international air service; or

(d) in the opinion of the Secretary, the licence holder, or the government or an authority of a relevant foreign country for the licence holder, has contravened the relevant agreement for the services; or

(e) there has been a substantial change in any of the matters to which the Secretary had regard under subsection 26(2) in approving the timetable; or

(f) it is in the public interest to vary, suspend or cancel the timetable or to vary, suspend or remove the condition, or impose a further condition in relation to the approved timetable, as the case may be.

(3) A licence holder may apply to the Secretary, in writing, for:

(a) a variation of an approved timetable for a route on which the licence holder operates scheduled international air services; or

(b) the variation or removal of a condition imposed by the Secretary in relation to an approved timetable for a route on which the licence holder operates scheduled international air services.

(4) If the Secretary receives an application under subsection (3), the Secretary may, having regard to the matters mentioned in subsection (2):

(a) vary the approved timetable to which the application relates in accordance with the application; or

(b) vary the approved timetable with alterations, or subject to conditions, determined by the Secretary; or

(d) refuse to vary the timetable, or vary or remove the condition, as the case may be.

Note: For review of a decision by the Secretary under this subsection, see section 39.

(5) If the Secretary makes a decision under subsection (1) or (4), the Secretary must, as soon as practicable, notify the licence holder concerned in writing of:

(a) the reasons for the decision; and

(b) if the decision is to vary an approved timetable, to vary a condition in relation to an approved timetable, or to impose a further condition in relation to an approved timetable:

(i) the details of the variation; and

(ii) the day of its effect; and

(c) if the decision is to suspend an approved timetable or to suspend a condition in relation to an approved timetable—the duration of the suspension; and

(d) if the decision is to cancel an approved timetable or to remove a condition in relation to an approved timetable—the day of its effect.

31 Circumstances in which non‑compliance with approved timetable is permitted

The operation of a scheduled international air service other than in accordance with an approved timetable for a route, or the failure to operate a scheduled international air service in accordance with an approved timetable for a route, is permitted in the following circumstances:

(a) a particular service is cancelled without permanently changing the approved timetable;

(b) the timing of a particular service changes and the service will be completed within 48 hours of the scheduled time in the approved timetable;

(c) the departure or arrival times of services on the route are changed without changing the number of services provided on the route per week;

(d) there is a temporary change to the route of a service, and passengers or cargo are not taken on or discharged during the detour;

(e) services are added to the route and the relevant agreement for services on the route does not have a restriction on capacity;

(f) if the licence holder is subject to a capacity allocation for the route by the International Air Services Commission—services are added to the route and the additional capacity does not exceed the capacity allocation;

(g) all of the following apply:

(i) the licence holder operates services on the route using code sharing;

(ii) the non‑compliance with the licence holder’s approved timetable for the route is due to a change in the operations and approved timetable of the airline that operates the flights on the route;

(iii) the licence holder is not subject to a capacity allocation for the route by the International Air Services Commission.

Part 6—Offences relating to international flights

32 Advertising scheduled international air service without licence

A person commits an offence if the person:

(a) advertises that the person operates, or will operate, a scheduled international air service to or from Australian territory; and

(b) at the time of advertising, the person does not hold an international airline licence; and

Penalty: 50 penalty units.

33 Advertising non‑scheduled flights

(1) A person commits an offence if the person advertises, or makes a public announcement, to the effect that the person is willing to:

(a) sell seats on a non‑scheduled flight; or

(b) make capacity available on a non‑scheduled flight.

Penalty: 25 penalty units.

(2) Subsection (1) does not apply if:

(a) the Secretary has granted permission for the flight under section 15D of the Act; or

(b) the Secretary has determined, under subsection 15A(3) or 17(1B) of the Act, that permission for the flight is not required; or

(c) the advertisement or public announcement states that the operation of the non‑scheduled flight is subject to Government approval.

Note: Non‑scheduled flight is defined in section 3 of the Act.

34 Operation of air service not in accordance with approved timetable

(1) A person commits an offence if:

(a) the person operates a scheduled international air service to or from Australian territory; and

(b) the service is not operated in accordance with:

(i) an approved timetable for the route on which the service is operated; or

(ii) any conditions imposed by the Secretary in relation to an approved timetable for the route.

Penalty: 50 penalty units.

(2) Subsection (1) does not apply if the scheduled international air service is not operated in accordance with an approved timetable, or a condition imposed by the Secretary in relation to an approved timetable, in a circumstance mentioned in section 31.

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

Part 7—Miscellaneous

35 Smoking on an aircraft

(1) A person commits an offence if:

(a) the person smokes on board an aircraft; and

(b) the aircraft is a regulated aircraft; and

Penalty: 25 penalty units.

(2) A person smokes if the person uses, consumes, holds or otherwise has control over a tobacco product, non‑tobacco smoking product or e‑cigarette that is generating (whether or not by burning) smoke or an aerosol or vapour.

(3) In this instrument:

e‑cigarette includes any device that is designed to generate or release an aerosol or vapour (whether or not containing nicotine) by electronic means for inhalation by its user in a manner that replicates, or produces an experience similar to, the inhalation of smoke from an ignited tobacco product or ignited non‑tobacco smoking product.

Example: E‑cigar, e‑hookah pen, e‑pen, e‑pipe or vape pen.

non‑tobacco smoking product means:

(a) any product (other than a tobacco product) that is intended to be smoked; or

(b) any product known or described as herbal cigarettes.

tobacco product means tobacco, or a cigarette or cigar, or any other product containing tobacco and designed for human consumption or use.

(4) A person commits an offence if:

(a) the person is the operator of an aircraft; and

(b) the aircraft is a regulated aircraft; and

(d) a notice that meets the requirements in subsection (5) is not displayed in a conspicuous place in the aircraft.

Penalty: 50 penalty units.

(5) A notice meets the requirements in this subsection if the notice:

(a) indicates that smoking is prohibited at all times; and

(b) is legible.

(6) It is not a defence to a prosecution for an offence against subsection (1) that a notice that meets the requirements in subsection (5) was not displayed in a conspicuous place in the aircraft.

36 Exemption of aircraft and spare parts from seizure on patent claims

(1) The lawful entry into Australian territory, or the lawful transit across Australian territory, with or without landings, of an aircraft in relation to which this section applies is not to entail:

(a) the seizure or detention of the aircraft; or

(b) the bringing of proceedings against the owner or operator of the aircraft; or

by or on behalf of the Commonwealth, or any person in Australian territory, on the ground that the construction, mechanism or operation of the aircraft is, or the parts or accessories of the aircraft are, an infringement of Letters Patent granted in Australian territory.

(2) The importation into, and storage in, Australian territory of spare parts and spare equipment for an aircraft in relation to which this section applies, and the use and installation of those spare parts and spare equipment, is not to entail:

(a) the seizure or detention of the aircraft or of the spare parts or spare equipment; or

(b) the bringing of proceedings against the owner or operator of the aircraft or against the owner of the spare parts or spare equipment; or

by or on behalf of the Commonwealth, or any person in Australian territory, on the ground that the spare parts or the spare equipment are, or their installation is, an infringement of Letters Patent granted in Australian territory.

(3) Subsection (2) does not apply in relation to spare parts or spare equipment which are sold or distributed in Australian territory or are exported from Australian territory for sale or distribution.

(4) This section applies in relation to aircraft registered in a country or territory:

(a) which is a party to the Paris Convention for the Protection of Industrial Property of 20 March 1883 as amended; or

(b) in which there are in force laws protecting inventions made by Australian citizens.

Note: The Convention is in Australian Treaty Series 1972 No. 12 ([1972] ATS 12) and could in 2026 be viewed in the Australian Treaties Library on the AustLII website (https://www.austlii.edu.au).

37 Secretary may give directions in relation to the Convention

The Secretary may, in relation to any aerodrome:

(a) regulated under the Civil Aviation Safety Regulations 1998; or

(b) to which an arrangement under section 20 of the Civil Aviation Act 1988 applies;

issue such directions as the Secretary considers necessary to ensure compliance with the standards, recommended practices and procedures adopted from time to time in accordance with the Convention or the Air Transit Agreement.

38 Production of documents

A person who is an owner of a regulated aircraft, or the pilot in command of a regulated aircraft, must produce:

(a) the list of names of passengers on the aircraft (if any); and

(b) the bills of lading for cargo on the aircraft (if any);

if the Secretary requires the person to do so.

39 Review of certain decisions

Applications may be made to the Administrative Review Tribunal for review of the following decisions of the Secretary:

(a) a decision under paragraph 22(1)(b) to approve a tariff subject to conditions;

(b) a decision under paragraph 22(1)(c) to refuse to approve a tariff;

(c) a decision under paragraph 26(1)(b) to approve a timetable with specified variations or subject to specified conditions;

(d) a decision under paragraph 26(1)(c) to reject a timetable;

(e) a decision under subsection 30(1) to:

(i) vary an approved timetable; or

(ii) suspend or cancel the approval of a timetable; or

(ii) vary, suspend or remove a condition in relation to an approved timetable; or

(iii) impose a further condition in relation to an approved timetable;

(f) a decision under subsection 30(4) to:

(i) vary, or refuse to vary, an approved timetable; or

(ii) to vary or remove, or refuse to vary or remove, a condition in relation to an approved timetable.

Note: Under section 23A of the Act, applications may be made to the Administrative Review Tribunal for review of decisions by the Secretary to do any of the following under this instrument:

(a) refuse to grant an international airline licence;

(b) impose a condition on an international airline licence;

40 Evidence

(1) The Secretary may certify, in writing, that a copy of a licence, notice, approval or other document that:

(a) has been published, given or issued, as the case may be, under the Act or this instrument; and

(b) is annexed to the certificate;

is a true copy.

(2) The Secretary may certify, in writing, that during a specified period or on a specified day:

(a) an airline was or was not a licence holder; or

(b) a notice or approval required under the Act or this instrument had or had not been issued; or

(3) In all courts and in any review, investigation or inquiry conducted or made under this instrument, a certificate under this section is prima facie evidence of the facts stated in the certificate.

41 Delegation by Secretary

(1) The Secretary may, in writing, delegate:

(a) the Secretary’s power under subsection 28(1) to an SES employee, or acting SES employee, in the Department; and

(b) any or all of the Secretary’s other functions or powers under this instrument (other than this power of delegation) to an APS employee in the Department.

Note 1: The expressions SES employee and acting SES employee are defined in section 2B of the Acts Interpretation Act 1901.

Note 2: Sections 34AA to 34A of the Acts Interpretation Act 1901 contain provisions relating to delegations.

(2) In performing functions or exercising powers under a delegation, the delegate must comply with any written directions of the Secretary.

Part 8—Transitional provisions

Division 1—Transitional provisions on commencement

42 Definitions for Division

In this Division:

old Regulation means the Air Navigation Regulation 2016.

43 International airline licences

(1) If an airline was the licence holder of an international airline licence under the old Regulation immediately before the commencement of this instrument, the licence is taken on and after that commencement to be, and may be dealt with as, an international airline licence granted under section 13 of this instrument.

(2) If the licence was, immediately before the commencement of this instrument, subject to any conditions imposed by the Secretary under the old Regulation, the licence continues to be subject to those conditions.

(3) If the licence was, immediately before the commencement of this instrument, subject to the conditions listed in subsection 19(1) of the old Regulation, the licence is subject immediately after commencement of this instrument to the conditions listed in subsection 13(2) of this instrument.

44 Approved timetables

(1) If a timetable relating to scheduled international air services operated by an airline on a route was an approved timetable under the old Regulation immediately before the commencement of this instrument, the timetable is taken on and after that commencement to be, and may be dealt with as, a timetable approved under section 26 of this instrument.

(2) If an airline had more than one such approved timetable for the same route, those timetables are taken to be a single timetable approved under section 26 of this instrument.

(3) If the approval of a timetable was, immediately before the commencement of this instrument, subject to conditions (whether imposed at the time of approval or subsequently), the approval continues to be subject to those conditions.

45 References to provisions of the old Regulation

A reference to a provision of the old Regulation in any document given to a person by the Secretary or the Department before 1 April 2026 is, on and after that day, taken to be a reference to the corresponding provision of this instrument.

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Air Navigation Regulations 2026

I, the Honourable Sam Mostyn AC, Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulations.

Dated 5 March 2026

Sam Mostyn AC

Governor‑General

By Her Excellency’s Command

Catherine King

Minister for Infrastructure, Transport, Regional Development and Local Government

Contents

Part 1—Preliminary

1 Name

2 Commencement

3 Authority

4 Definitions

Part 2—Statistical returns and other information

5 Statistical returns and other information

6 Traffic reports, cost statistics and financial statements

7 Information to be provided to the Council

8 Confidential information

9 Failure to give information to the Secretary

10 Self‑incrimination

Part 3—International airline licences

Division 1—Applying for a licence

11 Applying for a licence

Division 2—Grant of a licence

12 Deciding application

13 Grant of licence and conditions

14 Refusal to grant a licence

15 Duration of a licence

Division 3—Variation, suspension or cancellation of a licence

16 Grounds for varying, suspending or cancelling a licence

17 Notice of proposed action to vary, suspend or cancel a licence

18 Notice of decision to vary, suspend or cancel a licence

Division 4—Obligations of licence holders

19 Licence holder must lodge compliance declaration

20 Licence holder must notify change of address

Part 4—Tariffs

21 Submitting tariffs for approval

22 Approval of tariffs

23 Secretary may ask for additional information

24 Application of tariffs

Part 5—Timetables

The instrument is structured around a few recurring regulatory concepts: information gathering and confidentiality, licensing and conditionality, oversight of economic aspects of international services (tariffs and timetables), automated administrative action, and compliance enforcement through penalties and review rights.

Information and statistical returns: Sections 5 and 6 empower the Secretary to require statistical and operational information from aircraft registrants, operators and airlines. Notices must specify a reasonable period, not less than seven days, for provision of the material (ss 5(3), 6(3)). Information relating to international operations must be passed to the ICAO Council under Article 67 of the Convention (s 7). Confidentiality is mandated, subject to specific exceptions, with disclosure outside those exceptions prohibited where individual responses would be identifiable (s 8).

Licences and licence holders: The international airline licence is the primary regulatory instrument for scheduled international services. The application content is detailed, requiring corporate evidence, Air Operator’s Certificates, approved transport security programs, insurance cover evidence and, for Australian carriers, capacity allocation details (s 11). The Secretary must decide applications (s 12) and notify within prescribed timeframes (s 13(1)). Standard licence conditions automatically apply on grant and additional conditions may be imposed (s 13(2)-(3)). A licence remains in force until cancelled under the instrument or requested to be cancelled by the licence holder (s 15).

Timetables and tariffs as economic controls: Licence holders must seek approval for timetables on each route (s 25). Timetable decisions are made under s 26, with express factors including the relevant international agreement, timetable particulars, likely traffic types, other timetables for the same route, behaviour of the carrier and relevant foreign authority as regards treatment of Australian carriers, public interest, and other relevant matters (s 26(2)). Conditions may regulate traffic proportions and advertising content or manner (s 27). Tariffs may be submitted by licence holders or required by the Secretary (s 21), and the Secretary may approve, condition or reject tariffs, taking into account public interest, the relevant agreement and the need for services to operate on a satisfactory economic basis while considering consumer interests (s 22(2)). A tariff is deemed approved if the Secretary does not decide within seven days (s 22(4)), unless a request for further information suspends that period (s 23).

Automation of administrative action: The instrument authorises the Secretary to arrange for computer programs to take administrative action in relation to timetable decisions under s 26, treating such action as having been taken by the Secretary (s 28). The Secretary may substitute administrative action where the computer program’s action is not correct (s 28(4)-(6)). Safeguards require reasonable steps to ensure that automated action is validly capable of being taken and publication and annual reporting obligations about substituted actions (s 29).

Offences, enforcement and evidence: The instrument prescribes offences tied to advertising and operation without licence or contrary to approvals (ss 32-34), smoking on regulated aircraft (s 35), and failure to comply with information notices or notification obligations (ss 9, 20). Penalties are quantified in penalty units. The Secretary’s certificates are prima facie evidence in proceedings (s 40), and the Administrative Review Tribunal has review jurisdiction for many specified decisions (s 39), with additional review rights under s 23A of the Act noted.

Transitional continuity: Pre‑existing licences and approved timetables under the old Regulation are carried over and taken to be licences and approvals under this instrument, and prior conditions continue to apply (ss 43-44). References to the old Regulation in documents given before 1 April 2026 are taken to be references to corresponding provisions now (s 45).

Key definitional concepts shaping operation include regulated aircraft, timetable, tariff, airline, owner (which includes hirer in certain hire/charter contracts, s 4(2)), and relevant agreement or relevant foreign country, definitions which feed into eligibility, obligations and enforcement.

Primary regulated entities: The instrument primarily affects airlines operating scheduled international air services and persons who hold certificates of aircraft registration or who operate aircraft. The definition of airline is the operator of an air transport service, and an air transport service is a carriage for hire or reward (s 4). Regulated aircraft is defined broadly to include aircraft engaged in trade or commerce between Australia and external places, among States, within Territories and various combinations, as well as Australian aircraft outside Australian territory and aircraft engaged in Australian international carriage (s 4).

Applicants and licence holders: Airlines proposing to operate scheduled international services must apply for an international airline licence and meet documentary prerequisites (s 11). Existing licence holders under the old Regulation are taken to continue as licence holders under the new instrument (s 43). Licence holders are subject to standard conditions on grant, must maintain Australian contact details, lodge periodic compliance declarations at times tied to northern summer and northern winter (s 13(2), 19(2)), and notify changes of business or communication addresses within 28 days (s 20).

Corporate and foreign carriers: The application provisions require corporate evidence including place of incorporation, ACN or foreign business registration details, ownership and control evidence, and, for relevant foreign carriers subject to principal place of business requirements under bilateral agreements, evidence of substantial operations, tax payment, aircraft registration and employee nationality as applicable (s 11(2)(c)-(d)). The Secretary may consider the conduct of the government or regulatory authority of a relevant foreign country in relation to Convention compliance and unfair treatment of Australian carriers as factors when varying licences or approving timetables (ss 16(2)(d), 26(2)(e)-(f)). Thus the instrument directly engages foreign policy and bilateral agreement outcomes in operational decisions.

Service providers and suppliers: Aircraft owners and hirers whose contract vests control, maintenance and operation in the hirer are captured by the owner definition (s 4(2)). Spare parts suppliers are indirectly affected by s 36 on patent immunity, which permits importation, storage and installation of spare parts for applicable foreign aircraft without seizure or legal interference, subject to exceptions for parts sold or distributed in Australia (s 36(2)-(3)).

Passengers, consumers and advertisers: Advertising and public announcements are regulated. It is an offence to advertise a scheduled international air service without a licence unless the advertisement states that operation is subject to Government approval (s 32). Advertising seats or capacity on non‑scheduled flights is an offence without permission, unless permitted or subject to specified exceptions (s 33). Advertising conditions can also be imposed as part of timetable conditions (s 27). Consumers thus face a regulatory filter on what commercial promotions are permitted and how services may be described.

Regulators and the Secretary: The Secretary of the Department is the decision maker, with power to request further information, approve or reject tariffs and timetables, impose conditions, vary, suspend or cancel licences, and direct submissions (ss 12, 21, 22, 26, 16, 21(2)). The Secretary may delegate most powers to APS employees and may delegate the automation power to SES employees (s 41). The Secretary must publish arrangements to use automated decision‑making for s 26 decisions and report substituted actions in the Department’s annual report (s 29).

Courts and review bodies: The Administrative Review Tribunal has explicit jurisdiction to review a defined list of Secretary decisions under s 39, and s 23A of the Air Navigation Act provides review rights for certain other licensing decisions, noted in the instrument (s 39 note). Courts may impose penalties, order compliance, and treat Secretary certificates as prima facie evidence (ss 9(2), 40).

Who pays and bears compliance costs: The statutory duties and information requests (ss 5-6, 19) impose administrative costs on airlines, aircraft owners and operators. Licence application requirements include documentary evidence and insurance proof (s 11(2)(f)-(g)), and there are regular compliance declaration obligations twice a year (s 19). Timetable and tariff submission requirements, and potential directions to submit tariffs or timetables, add transaction costs and potential scheduling constraints (ss 21, 25). Penalties for non‑compliance fall on offending persons by quantified penalty units (ss 9, 20, 32-34, 35).

Duties: The Regulations place a number of affirmative obligations on airlines, aircraft owners, and operators.

Information and statistical responses: Persons holding aircraft registration certificates or operating aircraft must comply with written notices to provide specified statistical information about aircraft, passengers, cargo, flights or work performed, within a reasonable period of at least seven days (s 5). Airlines and aircraft owners engaged in air transport services may be required to provide traffic, fuel, revenue and cost statistics and financial statements including receipts and sources, within at least seven days (s 6).
Confidentiality duties: Persons who obtain information under ss 5 or 6 must not disclose the information in an identifiable form except for specified purposes including the Secretary’s performance of functions, disclosure to the Council under s 7, or with consent of the provider (s 8).
Licensing and application content: An airline proposing to operate scheduled international services must apply in writing and provide specified corporate, operational, insurance and regulatory documents, including an applicable Air Operator’s Certificate and an approved transport security program (s 11(1)-(2)). Code‑sharing‑only applicants have modified documentary obligations (s 11(3)).
Compliance declarations and notifications: Licence holders must lodge a Secretary‑approved form declaring ongoing compliance at least 35 days before each northern summer and northern winter, and must produce supporting documents if required (s 19). Licence holders must notify change of place of business or communication address within 28 days, failing which there is a 10 penalty unit offence (s 20).
Tariff and timetable submissions: Licence holders must apply for timetable approval for each route and follow prescribed form and timing rules, including lodging at least 35 days before the start of the requested period, unless a later day is allowed (s 25). Licence holders may submit tariffs voluntarily or be directed to do so, and directed submissions must comply within a period not shorter than 14 days (s 21).
Smoking and notice display: Persons are prohibited from smoking on regulated aircraft engaged in passenger carriage, with a 25 penalty unit offence, and operators face a 50 unit penalty if a conspicuous smoking prohibition notice is not displayed; absence of notice is not a defence to a smoking offence (s 35).

Rights and procedural protections:

Decision timelines and notices: The Secretary must give written notice of licence decisions within 14 days of the decision (s 13(1)(a)), and must give notice of proposed variations, suspensions or cancellations including reasons and at least 35 days to respond (s 17). For timetable approvals, the Secretary must notify the licence holder of decisions and, practicably, before the first day of the period sought (s 26(4)-(5)). For tariff submissions, if the Secretary does not decide within seven days the tariff is deemed approved (s 22(4)), unless suspended by a request for further information (s 23).
Review rights: Specific Secretary decisions concerning tariffs and timetables and certain timetable variation decisions are reviewable in the Administrative Review Tribunal (s 39). The instrument also refers to s 23A of the Act for review of other licensing decisions such as refusals and imposition of licence conditions.
Protections against self‑incrimination: Individuals are not excused from producing information on grounds of self‑incrimination for ss 5 and 6 notices, but the instrument provides that such information and consequences are not admissible against the individual in criminal proceedings or other penalty recoveries, except proceedings under Criminal Code ss 137.1 and 137.2 that relate to the giving of the information (s 10).
Delegation and substitution procedure: Administrative action taken by automated means is treated as action of the Secretary (s 28(3)), and the Secretary may substitute action if the computer program’s output is incorrect (s 28(4)). The Secretary must publish arrangements and include substituted action reporting in the Department’s annual report (s 29(3)-(4)).

Discretionary scope: The Secretary’s decision‑making powers are broad. In deciding applications or approving timetables the Secretary may take into account any matter considered relevant (s 12(3)(b), 26(2)(h)), and may impose conditions, limit services, or take actions for preserving or promoting fair competition in international air transport (s 16(2)(f), 13(3)). Grounds for suspension or cancellation include safety and security considerations, contravention of relevant agreements, commercial non‑compliance with approved timetable conditions, and public interest (s 16(2)).

Enforcement levers: Offences attract quantified penalties. Failure to comply with information notices is an offence with a 10 penalty unit fine (s 9). Courts can additionally order compliance when they convict a defendant for non‑compliance (s 9(2)). The Secretary’s certificates are admissible as prima facie evidence (s 40(3)).

The instrument sets specified penalty units for a suite of compliance failures and offences, and couples penal sanctions with administrative enforcement powers and review pathways. Penalties appear in context with each offending provision.

Information compliance and notification offences: Failure to comply with written notices requiring statistical or financial information under ss 5 and 6 is an offence carrying a penalty of 10 penalty units (s 9(1)). If convicted for such failure a court may order compliance with the notice in addition to any penalty (s 9(2)). Failure to notify a change of business address or communication address under s 20 within 28 days is an offence carrying 10 penalty units (s 20(3)).

Advertising and operation offences: Advertising that a person operates or will operate a scheduled international air service while not holding an international airline licence, and without stating that operation is subject to Government approval, attracts a penalty of 50 penalty units (s 32). Advertising seats or capacity on non‑scheduled flights is an offence subject to 25 penalty units, unless exceptions apply such as Secretary permission or a statement the operation is subject to Government approval (s 33). Operating a scheduled international air service not in accordance with an approved timetable or conditions imposed in relation to an approved timetable is an offence with 50 penalty units (s 34). The instrument notes evidential burdens under the Criminal Code for defences relating to exceptions in s 31 (note to s 34).

Smoking offences on aircraft: Smoking on board a regulated aircraft engaged in passenger carriage is a 25 penalty unit offence (s 35(1)). Operators have an independent duty to display a conspicuous legible notice indicating smoking is prohibited at all times, and failing to display such a notice is a separate offence carrying 50 penalty units (s 35(4)-(5)). The instrument provides that the absence of the notice is not a defence to a smoking prosecution (s 35(6)).

Enforcement mechanisms: Penalties are criminal or regulatory in nature and are enforceable by courts. For some information offences, courts have the explicit power to order compliance after conviction (s 9(2)). The Secretary’s certificates are prima facie evidence in courts and review proceedings (s 40(3)), which streamlines proof of administrative facts such as whether a licence existed or was suspended (s 40(2)). Administrative decisions subject to statutory review may be brought before the Administrative Review Tribunal for certain enumerated tariff and timetable actions, and s 23A of the Act provides review routes for other licensing decisions; review access is a procedural enforcement check (s 39; note).

Delegation, automation and substituted actions: The Secretary may delegate powers under the instrument to APS employees and may delegate the automation power to SES employees (s 41). Administrative action taken by computer programs is treated as action of the Secretary (s 28(3)). The Secretary may later substitute corrective administrative action if the automated action is not correct (s 28(4)-(6)). The Secretary must publish that an automation arrangement exists (s 29(3)) and report the number and kind of substituted actions in the Department’s annual report (s 29(4)). Notably s 29(2) provides that a failure to comply with the requirement to "take all reasonable steps" to ensure actions could validly be taken by automation does not affect the validity of actions taken by the computer program, which has implications for contesting the legal validity of automated decisions.

Interaction with criminal code offences: The instrument expressly notes ss 137.1 and 137.2 of the Criminal Code create offences for providing false or misleading information or documents, and that self‑incrimination protections do not prevent prosecution under these provisions (s 10(2) and note to s 9).

Practical enforcement dynamics: The Secretary is the central enforcement actor with broad discretionary power to require submissions, impose conditions, vary or suspend licences and timetables, and to take urgent action on safety or security grounds without procedural notice to the licence holder (s 17(3)(a)). Where urgent public safety or security risk exists, the Secretary need not provide the standard 35 day response window before varying, suspending or cancelling a licence (s 17(3)(a)). The Administrative Review Tribunal offers a judicialised review option for certain decisions, but not for all administrative actions the Secretary may take under the instrument (s 39).

The instrument is expressly made under the Air Navigation Act 1920 (s 3) and cross‑references and imposes duties that link to several other statutes and international instruments, integrating domestic administrative regulation with international obligations.

International law and Convention obligations: The instrument references the Chicago Convention and Annexes as "Convention" and requires the Secretary to provide relevant international operations information to the Council of the International Civil Aviation Organization under Article 67 (s 7). The Secretary may issue directions at aerodromes to ensure compliance with standards, recommended practices and procedures adopted under the Convention or the Air Transit Agreement (s 37). The determination of timetables and licence variations can hinge on the Secretary’s view of whether foreign governments or authorities ensure compliance with the Convention and the Air Transit Agreement (ss 16(2)(d), 26(2)(e)-(f)). The instrument therefore operationalises international obligations in domestic administrative decisions.

Cross‑statutory compliance requirements: Licence conditions include express obligations to comply with a range of other legislation and instruments: the Air Navigation (Aircraft Noise) Regulations 2018, the Civil Aviation Act 1988 and instruments made under it, the Aviation Transport Security Act 2004 and instruments under it, the Civil Aviation (Carriers’ Liability) Act 1959 and instruments made under that Act, and an express reference in the case of Qantas to the Qantas Sale Act 1992 (s 13(2)(d)-(e)). Applicants must provide evidence of a transport security program approved under the Aviation Transport Security Act 2004 and an Air Operator’s Certificate issued under the Civil Aviation Act 1988 (s 11(2)(g)-(h)). These cross‑references bind licence holders to compliance across a bundle of aviation safety, security and liability regimes.

Interaction with competition and foreign‑relations considerations: The Secretary may act "for the purpose of preserving or promoting fair competition in international air transport services" as a ground to vary, suspend or cancel a licence (s 16(2)(f)). In timetable decisions the Secretary may consider whether the licence holder or the government/authority of a relevant foreign country has impeded Australian carriers or engaged in unfair, discriminatory, restrictive practices (s 26(2)(e)). Those provisions tie domestic regulatory approvals to competition outcomes and to the treatment of Australian carriers by foreign counterparts. The instrument sits alongside the International Air Services Commission Act 1992 and references the concept of code sharing as defined in that Act, and requires Australian carriers to provide International Air Services Commission allocated capacity details in applications where applicable (s 11(2)(i)).

Patent law and spare parts: Section 36 provides immunity from seizure, detention or proceedings on patent grounds for aircraft and spare parts meeting specified criteria. This creates a narrow statutory carve‑out from Australian patent enforcement for visiting aircraft and their spare parts, conditioned on the aircraft being registered in countries party to the Paris Convention or where laws protect inventions made by Australian citizens (s 36(4)). The carve‑out does not apply to spare parts sold or distributed in Australia (s 36(3)). This directly interacts with intellectual property and customs enforcement regimes.

Administrative law and review: The instrument specifies review rights to the Administrative Review Tribunal for particular Secretary decisions (s 39). It also notes s 23A of the Air Navigation Act supplies review rights for other licensing decisions. The delegation rules in s 41 are subject to the Acts Interpretation Act 1901 regime on delegations (notes to s 41). The automation provisions (ss 28-29) interact with administrative law principles by treating computer program action as taken by the Secretary, allowing later substitution, and imposing publication and reporting obligations.

Criminal Code interaction: The instrument notes that the Criminal Code contains offences for giving false or misleading information or documents (ss 137.1 and 137.2), which are exceptions to the non‑admissibility protections conferred in s 10(2). The instrument also references evidential burden provisions under the Criminal Code in relation to defences under s 31 as to permitted non‑compliance (note to s 34).

Transitional continuity with prior instrument: Part 8 (ss 42-45) expressly carries over licences and approved timetables from the prior Air Navigation Regulation 2016 to avoid regulatory gaps on commencement. Documents issued before 1 April 2026 that refer to the old Regulation are to be read as referring to the corresponding new provisions (s 45). This directly affects continuity with any pre‑existing administrative arrangements and rights.

The instrument itself is presented as an original making dated 5 March 2026 and commenced 1 April 2026 (cover sheet and s 2). It replaces the prior Air Navigation Regulation 2016 through transitional provisions in Part 8 (ss 42-45). The text contains a commencement table (s 2(1)) indicating the whole instrument commences on 1 April 2026. The instrument includes a note that the commencement table relates only to provisions as originally made and will not be updated for later amendments (s 2 note).

No subsequent amendments or amendment dates are contained within the text provided. The instrument includes transitional provisions to treat existing international airline licences and approved timetables under the old Regulation as licences and approvals under the new instrument (s 43-44). The transitional provisions preserve conditions previously imposed under the old Regulation and align the standard conditions that applied under the old instrument to the new list at the point of commencement (s 43(2)-(3)).

Although the Regulations themselves contain no historical amendment log, they cross‑reference existing statutes such as the Air Navigation Act 1920 (s 3), and the Administrative Review Tribunal review references suppose operation alongside the administrative review regime then in force (s 39). The arrangement for the automation power to be delegated only to SES employees (s 28 note and s 41(1)(a)) reflects a design choice allocating responsibility to higher level public service employees; any future amendment altering delegation rules would need to follow the normal legislative amendment process under the enabling Act.

In terms of internal amendment architecture, the instrument contains an explicit non‑instrument status for automation arrangements: an arrangement under s 28(1) is not a legislative instrument (s 28(8)). This has consequences for how the arrangement can be changed administratively rather than by disallowable legislative instrument procedures. Similarly, publication and reporting obligations about automation are prescribed in s 29(3)-(4), rather than creating external parliamentary oversight via instrument disallowance rules.

Because the instrument is made under the Air Navigation Act 1920, any future amendments are likely to be made by regulation under the same Act following the statutory amendment processes. The provided text does not record prior iteration history other than the carry‑over from the 2016 Regulation, and it contains the transitional mechanism to maintain continuity for licences and timetables on commencement (ss 43-44). There is no internal list of prior amendment dates, amendment instruments, or delegated legislative history in the provided material.

The instrument does not reference any case law or judicial decisions. The statutory notes refer to remedies and offences in other laws such as ss 137.1 and 137.2 of the Criminal Code and to review rights under the Air Navigation Act (s 23A), but there are no judicial decisions cited in the text itself.

Practical litigation and review pathways set out by the instrument include:

Administrative review: specific Secretary decisions listed in s 39 may be appealed to the Administrative Review Tribunal. The instrument also directs readers to s 23A of the Air Navigation Act for review of Secretary decisions to refuse to grant an international airline licence, impose a licence condition, or vary, suspend or cancel a licence.
Criminal and civil enforcement: Offences under the instrument (ss 9, 20, 32-35) carry penalty units enforceable by courts. Where a person is convicted for failing to comply with a notice under s 9(1), a court may, in addition to fines, order compliance with the notice (s 9(2)).
Evidentiary posture: The Secretary’s written certificates certifying the contents of documents, or status of licences and notices, are prima facie evidence in all courts and in review, investigation or inquiry proceedings (s 40). This creates a procedural pathway through which administrative facts can be established in litigation.

Because no cases are cited in the instrument text, readers should treat litigation history as an external matter. The instrument structures the legal routes likely to be used in litigation: contesting Secretary decisions through the Administrative Review Tribunal where applicable, challenging penalties or enforcement actions in courts, and relying on statutory evidentiary certificates in proceedings. Any analysis of how courts will interpret the wide discretionary terms used in the instrument (for example "public interest", "any other matter", or the Secretary's opinion regarding foreign government contraventions) must rely on case law outside this instrument, which is not supplied in the text. The instrument’s provisions about automation (ss 28-29) and the declaration that automation arrangements are not legislative instruments (s 28(8)) may themselves be the subject of future litigation or review in cases where an affected party alleges procedural unfairness or invalidity of automated decisions; however, no such litigation is recorded within the provided document.

Several technical and practical pitfalls present themselves from the text that can produce operational risk or unexpected legal consequences.

Deemed tariff approval after 7 days: If the Secretary does not decide on a submitted tariff within seven days it is deemed approved at the end of that period (s 22(4)). However, the Secretary may suspend that period by requesting additional information, and the suspension ends on receipt of the information (s 23). Licence holders relying on a perceived deemed approval should monitor requests for additional information closely, because any request will suspend the deemed approval clock and may change the outcome.

Automation treated as Secretary action and post‑hoc substitution: Administrative action taken by a computer program under an arrangement is treated, for all purposes, as action taken by the Secretary (s 28(3)). The Secretary may later substitute administrative action if the Secretary is satisfied the automated action is not correct (s 28(4)). The substituted action can take effect on a day earlier than its being taken, but not earlier than the day of the automated action (s 28(5)-(6)). Practically, this means automated approvals or rejections can be retrospectively corrected; parties who rely on an automated decision may find that the Secretary later substitutes a different decision with retroactive effect to the day of the automated decision. Parties should note the Secretary must publish that an automation arrangement exists and report substituted actions annually (s 29(3)-(4)), but the instrument also states that a failure to take "all reasonable steps" to ensure automated actions are valid does not affect the validity of those actions (s 29(2)), limiting one potential ground to challenge automated decisions.

Short statutory timeframes and minimum notice periods: The instrument prescribes minimum response timings that can be tight for operational planning. Information notices under ss 5 and 6 must allow at least seven days (ss 5(3), 6(3)). Tariff direction by the Secretary must give a period not shorter than 14 days for submission (s 21(3)(b)). Timetable applications must generally be lodged at least 35 days before the period for which approval is sought, and compliance declarations must be lodged at least 35 days before each northern summer and northern winter (ss 25(3), 19(2)). Missing these windows can have regulatory consequences, particularly when the Secretary exercises variation or suspension powers.

Advertising pitfalls and criminal risk: Advertising a scheduled international service without holding a licence, and failing to state the operation is subject to Government approval, is a 50 penalty unit offence (s 32). Advertising seats on non‑scheduled flights without permission is 25 penalty units (s 33). The permitted exceptions require either Secretary permission, a preexisting determination that permission is not required, or explicit statements that operations are subject to Government approval (s 33(2)). Marketers and commercial teams must ensure advertising copy and public announcements conform to these constraints.

Operation contrary to approved timetables: Operating scheduled international services outside an approved timetable or contrary to timetable conditions is an offence with a 50 penalty unit fine, subject to listed exceptions in s 31 which are narrowly specified. Defendants have an evidential burden for matters under s 31 as referenced in the Criminal Code note to s 34. Carriers should plan carefully to keep route operations within approved parameters, or ensure that any change fits into the specified exceptions such as temporary cancellations, timing changes completed within 48 hours, additions where capacity is not restricted, or code sharing related changes where the licence holder’s non‑compliance is due to an operating partner’s approved timetable change (ss 31(a)-(g)).

Confidentiality exceptions and data sharing with ICAO: Information provided under ss 5 and 6 is confidential in the sense that identifiable disclosure is prohibited, but s 7 requires the Secretary to give the Council information relating to international operations in accordance with the Convention. Firms should assume data provided may be shared with international bodies as required by the Convention, and obtain consents or take precautions as appropriate.

Patent immunity limited to certain aircraft and spare parts: Section 36 provides a statutory immunity from seizure and proceedings on patent grounds for aircraft registered in Paris Convention countries or those with laws protecting inventions by Australian citizens. Importantly, the immunity does not extend to spare parts sold or distributed in Australia (s 36(3)). Supply chain planning that contemplates importing parts for in‑country sale will not benefit from the immunity.

Non‑admissibility exceptions for criminal false information: Individuals must comply with information notices even if answers may incriminate them, but provided material is not admissible against the person in criminal proceedings except for offences of giving false or misleading information under Criminal Code ss 137.1 or 137.2 (s 10(2)). This carve‑out means that while the instrument protects against self‑incrimination generally, it does not protect the provider from prosecution for false statements.

Delegation and internal policy risk: The Secretary may delegate many functions to APS employees, and the automation power to SES employees (s 41). Delegates must comply with any written directions of the Secretary (s 41(2)). Operational decisions may therefore be made by different levels within the Department; parties should watch for changes in internal delegation policy and automation use published on the Department’s website as required by s 29(3).

Continuity but potential ambiguity from carry‑over of conditions: Transitional provisions carry forward licences and timetables and preserve prior conditions (ss 43-44). Where older documents reference old Regulation provisions, those references are taken to correspond to the new instrument (s 45). This continuity can be helpful, but operators should confirm that prior conditions align with the new standard conditions in s 13(2), and check whether any additional conditions have been imposed or are likely to be imposed under the broader discretion the Secretary now has.

Operational checklist for airlines, aircraft owners and operators based on the instrument’s duties and timelines:

Licencing and application compliance
- If proposing to operate scheduled international air services, prepare and lodge a written application to the Secretary including the applicant’s name, Australian contact telephone number, corporate evidence (place of incorporation, ACN or foreign registration details), ownership and control evidence unless qualifying as a code sharing only applicant, details of proposed services including aircraft type, evidence of insurance covering passenger, third party, cargo and active hostilities liability, a current Air Operator’s Certificate applicable to the proposed services and an approved transport security program (s 11(1)-(2)(f)-(h)). If code sharing only, include details of the international airline(s) to be code shared with and note that some documentary requirements are waived (s 11(3)).
- For Australian carriers, include International Air Services Commission capacity allocation details where applicable (s 11(2)(i)).
Maintain continuous operational prerequisites
- Maintain a valid Air Operator’s Certificate and an approved transport security program, as standard licence conditions require ongoing compliance (s 13(2)(b) and example in s 19(1)). Make sure insurance remains current and evidence can be supplied on request (s 11(2)(f), s 19(3)).
Contact and notification obligations
- Maintain and update an Australian contact telephone number and the address for communications, and notify the Secretary in writing of any change within 28 days (s 13(2)(a), s 20(1)-(2)). Failure to notify is a 10 penalty unit offence (s 20(3)).
Compliance declaration schedule
- Lodge compliance declarations in the Secretary’s approved form at least 35 days before each northern summer and northern winter, or by a later day if permitted by the Secretary (s 19(2)). Be ready to supply documentary evidence when required under s 19(3).
Tariff and timetable planning
- Submit timetables for each route at least 35 days prior to the start of the period sought, or obtain the Secretary’s permission to lodge later (s 25(3)). Include route, departure and arrival times, frequency, capacity and aircraft type as required by the timetable definition (s 4).
- If the Secretary directs submission of a tariff, comply within the specified period not shorter than 14 days (s 21(3)). When submitting tariffs voluntarily, note that the Secretary will decide within 7 days or the tariff is deemed approved absent a valid suspension by a request for further information (s 22(4), s 23).
Responding to information and data requests
- If served with a written notice under s 5 or s 6, provide the specified statistical, financial or operational information within the reasonable period stated, noting at least 7 days is required (ss 5(2)-(3), 6(2)-(3)). Keep records to support responses and ensure privacy or confidentiality consents are structured if the information could identify third parties, noting the Secretary must disclose some international operation data to ICAO Council under s 7.
Operational adherence to approved timetables
- Operate services in accordance with approved timetables and any conditions imposed by the Secretary. If temporary deviations are required, ensure the deviation fits within a prescribed permitted circumstance under s 31, such as cancelled service without a permanent timetable change, timing changes completed within 48 hours, permitted detours without embarkation/disembarkation, or approved additions consistent with capacity rules (s 31). Keep evidence of the circumstances justifying non‑compliance.
Advertising and commercial communications
- Do not advertise scheduled international air services unless holding an international airline licence. If advertising prior to grant, explicitly state that the operation is subject to Government approval (s 32). Do not advertise seats or capacity on non‑scheduled flights unless Secretary permission exists, a determination that permission is not required applies, or the advertisement states the operation is subject to Government approval (s 33). Ensure marketing materials comply with any timetable conditions regulating advertising content or manner (s 27).
Smoking and passenger safety notices
- Prohibit smoking on regulated aircraft engaged in passenger carriage and display a conspicuous, legible notice stating smoking is prohibited at all times, as failure to display is a 50 penalty unit offence and smoking itself attracts 25 penalty units (s 35). Train crew and ground staff on enforcement and record signage compliance.
Risk management for automation and substituted actions
- Monitor the Department’s website for publication of any automation arrangements used for s 26 decisions (s 29(3)). Maintain documentary records of submissions and timestamps because automated decisions are treated as actions of the Secretary and can be substituted with retrospective effect to the day of the automated action (s 28(3)-(6)). Be prepared to communicate rapidly with the Department if an automated decision appears incorrect.
Preserving rights and preparing for review
- If aggrieved by a tariff or timetable decision falling within s 39, prepare to apply to the Administrative Review Tribunal. For other licensing decisions noted under s 23A of the Act, preserve administrative record and seek review under the Act’s review provisions. Where possible, record communications, reasons provided by the Secretary and responses to notices to support review rights.
Intellectual property and spare parts logistics
- If operating aircraft registered in a Paris Convention country or a country with laws protecting inventions made by Australian citizens, ensure that imported spare parts for temporary use benefit from s 36 immunity. Avoid selling or distributing those spare parts in Australia if relying on the immunity, as s 36(3) excludes spare parts sold or distributed from the immunity.
Internal governance and delegation awareness
- Track any Departmental delegation notices and the identity of delegated officers, because many functions may be exercised by APS delegates and automation arrangements delegated to SES employees (s 41). Make internal legal and compliance teams aware that delegated decision makers will be bound by any written directions from the Secretary (s 41(2)).
Responding to urgent Secretary action
- Be prepared to respond within the 35 day notice period for proposed licence variations, suspensions or cancellations under s 17(1) and understand that the Secretary may take immediate action without notice where there is an urgent risk to public safety or security (s 17(3)(a)). Maintain robust safety, security and compliance records to rebut or mitigate such actions.

By operationalising these steps, affected parties can align internal processes with the Regulations’ documentary, timeline and conduct requirements to reduce enforcement exposure and preserve review rights when administrative decisions are adverse.

Air Navigation Regulations 2026

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