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
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
(c) is an Australian aircraft outside Australian territory; 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
(c) in which any aircraft belonging to the airline is registered; 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;
(c) the frequency of the services;
(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;
(c) work performed using 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;
(c) revenue and cost statistics;
(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
(c) where the person who provided the information has given their consent to the disclosure of the information.
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
(c) any information, document or thing obtained as a direct or indirect consequence of giving the information;
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;
(c) if the applicant is a corporation:
(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;
(c) the licence holder must comply with a notice given by the Secretary under subsection 19(3);
(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;
(c) in the Secretary’s opinion:
(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
(c) the day the variation takes effect, which must not be earlier than the day the notice is given.
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
(c) the period of the suspension.
(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
(c) may state the form in which the tariff must be submitted.
(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
(c) refuse to approve the tariff.
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
(c) reject the timetable.
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;
(c) if the timetable is approved subject to conditions—the details of, and the reasons for imposing, the conditions;
(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;
(c) performing, or refusing or failing to perform, a function or duty;
(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;
(c) vary, suspend or remove a condition in relation to the approved 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
(c) vary or remove a condition imposed by the Secretary in relation to the approved timetable; 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
(c) the advertisement does not state that the operation of the service is subject to Government approval.
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
(c) the aircraft is engaged in the carriage of passengers as part of an air transport service.
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
(c) the aircraft is engaged in the carriage of passengers as part of an air transport service; 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
(c) any other interference with the aircraft;
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
(c) any other interference with the aircraft or with the spare parts or spare equipment;
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;
(c) vary, refuse to vary, suspend or cancel 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
(c) an international airline licence was or was not suspended or cancelled.
(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.