Air Transport Act 1964

Definitions and scope: The Act sets its scope to intrastate carriage within New South Wales and defines key terms that shape coverage. "Carry" is defined broadly to include carriage for reward, any consideration, or in the course of trade or business, capturing commercial and quasi‑commercial activity beyond simple hire (s 2(1)). "Licence" means a licence issued under the Act and includes renewals (s 2(1)). The Act operates subject to the State’s constitutional limits and provides a severability provision to preserve the remainder of the Act if a provision is invalid (s 1(2)).

Regular service versus charter: The Act distinguishes a regular air transport service from a charter service. A regular service is identified by fixed schedules or by frequency , five or more occasions in any 28-day period along a particular route , unless otherwise authorised by the Secretary (s 3(1A)). Charter services, defined negatively as services operated otherwise than as a regular service over a particular route, are expressly exempt from the licence requirement (s 3(3)(a)). The statutory definition therefore creates a behavioural margin: operators who wish to avoid licensing obligations may operate services as charters or keep frequency below the 5-in-28 threshold, subject to the Secretary’s authorisation powers and the definition’s coverage (s 3(1A)).

Route regulation and deregulation: The Act ties licences to routes; if an operator is providing a regular service, the licence must specify the route over which passengers are carried (s 3(1)(b)). The Minister can declare specified routes or classes of routes to be deregulated by order in the Gazette (s 4A(1)). When making a deregulation declaration the Minister must explicitly consider a list of public interest matters including public needs, fostering competition, effects on maintenance and development of services, economic development and environmental impact (s 4A(2)(a)-(d)). A deregulated route removes the licence requirement for regular services on that route (s 3(3)(b)).

Administrator discretion and limits: The Secretary has broad regulatory discretion to grant, refuse, impose conditions on, vary, suspend or revoke licences (ss 6(1)-(2), 8(1), 8(3)). That discretion is bounded in the statute by a closed list of matters that the Secretary "shall have regard to" when deciding whether to grant or refuse a licence and when imposing conditions (s 6(3)). Those factors include public need, fostering competition and discouraging monopoly, fitness and character of applicant or management, effects on service maintenance and development, economic development and environment, insurance adequacy, and ownership or rights to operate aircraft (s 6(3)(a), (c), (d), (f)-(i)). For the 5-in-28-days aspect of the regular service definition, the Secretary must have regard to such matters in s 6(3) as seem appropriate and to no other matters (s 3(1B)).

Information, enforcement and evidence: The Minister may authorise individuals in writing to require persons involved in the conduct of passenger air services to answer questions about aircraft use for intrastate carriage (s 4(1)). Non‑compliance with such a requirement, false or misleading answers, and unauthorised disclosure of information acquired in administering the Act are criminalised (s 4(2), (6)). Protection against self-incrimination is qualified: a person is not excused from answering on the ground that it might incriminate them, but that answer is not admissible against the person in proceedings except for the offence of providing false answers under s 4(2) (s 4(4)). Certificates issued by the records officer or the Minister are prima facie evidence of licence status and authorisations (s 11).

Advisory and administrative apparatus: The Act establishes a State Aviation Working Group (s 12A) with specified membership drawn from transport, planning, destination marketing, industry and local government nominations (s 12A(1)). Its functions are advisory and consultative: advising the Secretary and through the Secretary the Minister on regulation policy and providing information to interested persons and government agencies (s 12B). Schedule 1 prescribes the Working Group’s constitution, appointment terms and procedures, pecuniary interest rules, quorum and voting (Schedule 1, cll 2-15).

Regulatory instruments and penalties: The Governor may make regulations covering matters necessary or convenient for carrying out the Act, including requiring statistical information from operators of air services (s 13(1)(a), (b)). Regulations may impose small penalties up to 2 penalty units (s 13(2)). Contraventions of the Act attract greater penalties: up to 50 penalty units and/or 12 months imprisonment, with summary disposition in the Local Court and a two year prosecution limitation period (s 12).

Transitional adjustments: Schedule 2 contains savings and transitional provisions connected to amendments, notably the Air Transport Amendment Act 2006, including the abolition of the prior Air Transport Council and the treatment of fees paid or payable at the time of amendment (Sch 2, parts 1-2).

Operators of intrastate passenger air services: The principal class regulated are persons who carry passengers by aircraft from one place in New South Wales to another (s 3(1)). The statutory definition of "carry" includes carriage for reward or any consideration or in the course of trade or business (s 2(1)), which captures a wide range of commercial operators: scheduled airlines, regional carriers, charter brokers acting as businesses if they operate regular services rather than charters, and potentially tourism operators selling seats as part of a packaged offering.

Regular service providers: Entities operating fixed schedule services or services meeting the 5-in-28-days frequency threshold are treated as regular service providers and must hold a licence for the route in question (s 3(1) and (1A)). The Act explicitly covers services operated "whether alone or together with aircraft operated by some other person" in determining whether a person is operating a regular air transport service; that means coordinated or joint operations count towards the regular service threshold (s 3(1A)).

Charter operators and operators on deregulated routes: Charter services are carved out of the licensing requirement for regular services; the Act defines a charter service as any air transport service operated otherwise than as a regular service over a particular route (s 3(3)(a)). Operators who can legitimately classify operations as charters avoid licencing under this Act. Similarly, regular services operating over routes declared deregulated by the Minister are exempt (s 3(3)(b), s 4A(1)).

Applicants and licence holders: Applicants for licences and current licence holders are directly affected by application requirements (lodgement at Transport for NSW head office, form requirements, route particulars and other particulars as required by the Secretary) and by the Secretary’s discretionary assessment under section 6 (s 5, s 6). Licence holders face ongoing obligations to comply with conditions because non‑compliance is an offence and may trigger variation, suspension or revocation by the Secretary (s 9, s 8(1) and (3)).

Senior officers of corporations and prescribed officers: The Act contemplates answers given by prescribed officers of corporations being admissible against the corporation in proceedings under section 3 unless the officer lacked authority (s 4(5)). The term "prescribed officer of a corporation" is defined in s 4(7) to include managing directors, managers, other governing officers and members of governing bodies; statements by officers are in addition to common law rules about corporate admissions.

Government bodies and industry associations: The State Aviation Working Group (s 12A) includes representatives from the Transport Service, Department of Planning and Environment, Destination NSW, Department of Industry, Skills and Regional Development, the Shires Association of New South Wales, the Regional Aviation Association of Australia, and the Australian Airports Association. Those organisations or their nominees are affected in that they have membership roles and influence advisory outputs under s 12B.

Persons subject to information requirements and authorised officers: Persons appearing to an authorised person to be concerned in the conduct of services can be required to answer questions about aircraft use for intrastate passenger carriage (s 4(1)). Persons who provide information in confidence are constrained by the confidentiality offence in s 4(6). The Governor may make regulations imposing statistical reporting obligations (s 13(1)(a)).

Regulators and courts: The Secretary has administrative licensing, conditionality and enforcement powers (ss 6, 8, 11A). The Local Court is the venue for summary disposal of offences under the Act (s 12(2)). Administrative review applicants and affected licence holders can apply to the Civil and Administrative Tribunal for review under the Administrative Decisions Review Act 1997 (s 10A).

Entities with parallel licensing obligations: The Act notes that it does not relieve any person from other statutory licensing or registration obligations (s 18). That signals interaction with Commonwealth aviation safety or other state instruments; regulated entities must comply with those external obligations in addition to this Act.

Duties to hold a licence for regular intrastate carriage: The principal duty created by the Act is that a person must not carry passengers by aircraft from one place in New South Wales to another unless the person holds a licence under the Act (s 3(1)(a)). Where the person is operating a regular air transport service, the licence must be in respect of the specific route (s 3(1)(b)). Failure to hold a licence for regulated activity is an offence (s 3(2)).

Duty to provide information to the Secretary and comply with application requirements: Applicants must lodge applications at the head office of Transport for NSW, in a form approved by the Secretary, and must specify the route(s) and provide particulars and information as required by the Secretary (s 5(1)(a), (b), (d), (e)). Applicants are required to furnish additional particulars and information upon request by the Secretary (s 5(2)). Regulations may impose statistical reporting requirements on persons involved in operations (s 13(1)(a)).

Obligations when required by authorised persons: A person required by an authorised person (authorised in writing by the Minister) to answer questions about the use of aircraft for intrastate passenger carriage must comply, and failure or giving false or misleading answers is an offence (s 4(1)-(2)). There is a limited protection: answers cannot be excused on the ground of self-incrimination, but such answers are not admissible against the answering person in civil or criminal proceedings except proceedings for the offence of giving false answers under s 4(2) (s 4(4)). For corporations, answers given by prescribed officers are binding on the corporation unless the officer lacked authority (s 4(5)).

Rights to administrative review: Applicants for licences and persons whose licences have been varied or revoked under s 8 may apply to the Civil and Administrative Tribunal for review under the Administrative Decisions Review Act 1997 (s 10A(1)-(2)). This gives a statutory right to administrative review of Secretary decisions affecting licensing.

Secretary’s duty to have regard to enumerated factors: In deciding licence applications and conditions, and in exercising powers under s 3(1A)(b), the Secretary must have regard to the limited list of matters specified in s 6(3) and no others (s 6(3); s 3(1B)). The list includes public needs, fostering competition and discouraging monopoly, the applicant’s character and fitness, effects on service development and the environment, insurance adequacy and aircraft ownership or rights to operate (s 6(3)(a), (c), (d), (f)-(i)).

Rights as to evidence and official certification: Certificates from the records officer about licence status and from the Minister about authorisations under s 3(1A)(b) are prima facie evidence in all courts and before all persons (s 11(1)-(3)). That places evidential weight on administrative records and ministerial certification in enforcement proceedings.

Duty not to disclose protected administrative information: Persons involved in administering the Act who acquire information may not communicate it except on written instruction of the Minister or for court proceedings; unauthorised disclosure is an offence (s 4(6)).

Duty to comply with licence conditions and exposure to administrative sanctions: Licence holders must comply with conditions attached to their licences; failure to do so is an offence (s 9) and the Secretary may revoke or suspend licences, or attach new conditions, having regard to s 6(3) matters (s 8(1), (3)). The Secretary may exercise these powers even if the licence is currently suspended (s 8(4)).

Regulatory and procedural duties for the Working Group membership: Members of the State Aviation Working Group have duties to disclose pecuniary interests and, where a relevant interest exists, refrain from deliberation or decision‑making unless the Minister or Working Group determines otherwise (Schedule 1, cl 7). Ministerial appointees are part-time, have limited terms, may be paid remuneration as the Minister determines, and may be removed under defined circumstances (Schedule 1, cll 2-6).

Criminal offences and maximum penalties: The Act prescribes criminal offences for carrying passengers intrastate without a licence (s 3(2)), failure to comply with authorised person requirements or giving false or misleading answers (s 4(2)), unauthorised disclosure of information acquired in administration (s 4(6)), and non‑compliance with licence conditions (s 9). The maximum penalty for an offence against the Act is up to 50 penalty units or imprisonment for up to 12 months, or both (s 12(1)). The regulations may prescribe lesser penalties up to 2 penalty units (s 13(2)).

Enforcement procedure and venue: All proceedings for offences under the Act or regulations are to be disposed of summarily before the Local Court (s 12(2)). The prosecution time limit is two years from the commission of the offence (s 12(3)). This procedural configuration channels enforcement into summary criminal processes rather than indictable proceedings.

Administrative sanctions: Independent of criminal sanctions, the Secretary may, by written notice, revoke, vary or suspend licences or impose additional conditions when satisfied it is desirable to do so, having regard to the matters in s 6(3) (s 8(1)). The Secretary may exercise these powers even where the licence is already suspended (s 8(4)). Non‑compliance with licence conditions is itself an offence and may form the factual basis for suspension or revocation (s 9; s 8(3)).

Investigative powers of authorised persons: The Minister may authorise persons in writing to require answers from persons involved in operating passenger services for intrastate carriage (s 4(1)). Failure to comply or providing false answers is an offence (s 4(2)). The Act limits admissibility of compelled answers: such answers cannot be used against the person in civil or criminal proceedings except proceedings for the offence of giving false answers (s 4(4)). For corporations, statements by prescribed officers can be admissible against the corporation in proceedings under s 3 unless lack of authority is proved (s 4(5)).

Evidentiary weight of certificates: Certificates purporting to be signed by the officer in charge of records or by the Minister regarding authorisations are prima facie evidence in all courts and before all persons of the matters they state (s 11(1)-(3)). This elevates the probative value of administrative records in enforcement proceedings and simplifies proving licence status or ministerial authorisations.

Confidentiality breach offence: Any person who communicates information acquired in the course of administering the Act except in accordance with the Minister’s written instruction or for court proceedings commits an offence under the Act (s 4(6)). There is no separate penalty figure in s 4(6); the general maximums in s 12 apply if applied.

Regulatory penalties and civil enforcement: The Governor in Council may make regulations and those regulations may include penalties up to 2 penalty units for breaches of the regulations (s 13(2)). The Act does not create explict civil sanctioning powers (for example forfeiture, injunctions) beyond licence variation/suspension/revocation and criminal penalties as set out; administrative review mechanisms provide a path to challenge decisions (s 10A).

Constitutional and other statutory limits: The Act must be read and construed subject to the Commonwealth of Australia Constitution Act and so as not to exceed the State’s legislative power; the statute contains a severability provision to preserve remaining provisions if any are held invalid (s 1(2)). The Act itself states that it does not relieve persons of obligations to hold or effect any other licences or registrations they are otherwise required to hold (s 18). That indicates a layering of regulatory obligations: compliance with this Act does not displace federal aviation safety or Commonwealth regulatory regimes, or other state or local licences.

Cross‑references to Commonwealth Corporations Act procedures: Service of notices on a corporation under s 8(2) may be effected in the manner mentioned in sections 109X or 601CX of the Corporations Act 2001 of the Commonwealth (s 8(2)(b)). This ties certain procedural steps to federally prescribed methods for corporates, creating an interaction point for service and compliance.

Administrative review and judicial review interface: The Act provides for administrative review before the Civil and Administrative Tribunal under the Administrative Decisions Review Act 1997 for applicants and persons whose licences are varied or revoked by the Secretary (s 10A). That embeds the statutory administrative review avenue into the broader administrative law framework; further review beyond the Tribunal would follow the general judicial review routes applicable to administrative decisions under state law.

Regulations and administrative detail: The Governor may make regulations for matters necessary or convenient to carry out the Act (s 13(1)(b)). The regulations may prescribe statistical reporting obligations (s 13(1)(a)). Thus, operational requirements, recordkeeping and reporting may be implemented under regulation and will interact with the administrative enforcement machinery of the Department.

Effect of other State Acts on Working Group appointees: Schedule 1 provides that the employment provisions of the Government Sector Employment Act 2013 relating to public service employees do not apply to Ministerial appointees to the Working Group (Sch 1, cl 8(1)). Conversely, provisions that would otherwise disqualify a person holding another office that requires full time duties do not disqualify them from being a Ministerial appointee under this Act (Sch 1, cl 8(2)). That creates a specific carve‑out and sets the Working Group outside certain employment constraints under the Government Sector Employment Act 2013.

Transitional provisions and repeal consequences: Schedule 2 contains provisions consequent on the Air Transport Amendment Act 2006, including abolition of the former Air Transport Council and specific treatment of fees paid or payable before amendment (Sch 2, parts 2-3). The transitional regime interacts with rights and obligations arising prior to amendment and preserves specific administrative arrangements.

Evidence law and administrative certification: Section 11 makes certificates from the records officer and the Minister prima facie evidence in all courts and before all persons. That affects evidentiary burdens in proceedings and can reduce costly proof requirements for licence status and authorisations.

Overlap with primary aviation safety and operations law: The Act does not specify technical aviation safety standards or aircraft certification requirements; it is a state regulatory overlay focused on licensing for intrastate carriage. The statutory note that it does not displace other licensing obligations (s 18) indicates operators must concurrently comply with Commonwealth aviation safety regulation where applicable. The Act does not itself specify those federal obligations, but signals the coexistence of multiple legal frameworks.

Recorded marginalia identify a sequence of insertions, substitutions and repeals documented directly in the statute text. The Act’s opening provision was amended to include the construction clause in 1980 (s 1: Am 1980 No 148, Sch 2 (2)). The definitions provision (s 2) shows multiple amendments across 1980, 1985, 1987, 2006, 2012 and 2015 (s 2: Am 1980 No 148, Schs 1 (2), 2 (3); 1985 No 140, Sch 1; 1987 No 112, Sch 1 (1); 2006 No 21, Sch 1 [1]; 2012 No 95, Sch 2.1 [1]; 2015 No 58, Sch 3.6 [2]), and notes that several subsections were repealed at various times.

Section 3 (licensing prohibition) has marginal amendment notes indicating amendments in 1980, 1987 and 2006 (s 3: Am 1980 No 148, Schs 1 (4), 2 (4); 1987 No 112, Sch 1 (3); 2006 No 21, Sch 1 [3]-[5]). Section 4 (powers of authorised persons) and section 5 (applications for licences) show amendment notes spanning 1980, 1982, 1985, 1987 and 2006 (s 4: Am 1980 No 148, Schs 1 (5), 2 (5); 1987 No 112, Sch 1 (5); s 5: Am 1971 No 58, sec 4; 1974 No 57, sec 5, 1980 No 148, Sch 1 (6); 1985 No 140, Sch 1; 1987 No 112, Sch 1 (6); 2006 No 21, Sch 1 [4] [8]; 2012 No 95, Sch 2.1 [2]).

Section 4A (deregulated routes) is an insertion credited to the 2006 amendment (s 4A: Ins 2006 No 21, Sch 1 [7]). Section 6 (consideration factors) has amendment marginalia (s 6: Am 1980 No 148, Sch 1 (7); 1987 No 112, Sch 1 (7); 2006 No 21, Sch 1 [4] [9]). Section 7 form and term of licences shows substitutions and amendments over time (s 7: Am 1980 No 148, Sch 1 (8). Subst 1987 No 112, Sch 1 (8). Am 2006 No 21, Sch 1 [4] [10]).

Section 8 (revocation, suspension and variation) records amendments in 1980, 1981, 1987, 2001 and 2006 (s 8: Am 1980 No 148, Schs 1 (9), 2 (6); 1981 No 123, Sch 8; 1987 No 112, Sch 1 (9); 2001 No 34, Sch 2.1; 2006 No 21, Sch 1 [4]). Section 10A administrative review was inserted in 2006 and substituted in 2013 (s 10A: Ins 2006 No 21, Sch 1 [12]. Subst 2013 No 95, Sch 2.5). Section 11A delegations was inserted in 1980 and later amended (s 11A: Ins 1980 No 148, Sch 1 (10). Am 1982 No 106, Sch 1 (2); 1987 No 112, Sch 1 (11). Subst 2006 No 21, Sch 1 [13]).

Schedule 1 entries show a history of insertions, substitutions and amendments from 1980 to 2015 (Sch 1: Ins 1980 No 148, Sch 1 (14). Am 1987 No 48, Sch 32. Subst 1987 No 112, Sch 1 (13). Am 1991 No 17, Sch 1; 1999 No 94, sec 7 (2) and Sch 5, Part 2. Subst 2006 No 21, Sch 1 [17]. Am 2015 No 58, Sch 3.6 [4] [5]).

Schedule 2 records that it was inserted in 1987 and substituted in 2006 (Sch 2: Ins 1987 No 112, Sch 1 (13). Subst 2006 No 21, Sch 1 [17]). The transitional Part 2 of Schedule 2 sets out the abolition of the Air Transport Council and fee treatment consequent on the Air Transport Amendment Act 2006 (Sch 2, Part 2; see also s 19 which states Schedule 2 has effect).

Where the text uses bracketed marginal notes such as "Ins", "Am", "Subst" and "Rep", those notes are the only record in the supplied text of when clauses were inserted, amended or repealed and by which amending instrument, for example the Air Transport Amendment Act 2006 is explicitly cited in Schedule 2 and other marginal notes. The Act as presented thus contains its own amendment lineage in the marginal notes; those form the basis for the amendment history statements above.

The text supplied contains no case law or reported judicial decisions. The Act itself does not cite any judicial determinations or list litigation precedents. Apart from the statutory right to administrative review by the Civil and Administrative Tribunal for applicants and persons whose licences have been varied or revoked (s 10A), the statute record and schedules do not include references to litigation or to decisions interpreting or applying provisions of this Act.

Because the provided source contains no recorded judicial outcomes, practitioners must treat the Act’s text and the administrative mechanisms it creates as the operative material and should consult court and tribunal databases and administrative decisions for post‑enactment interpretation, policy guidance or precedent when advising clients or preparing enforcement strategies. The availability of Tribunal review under s 10A provides an internal administrative forum in which reasoning about the Secretary’s exercise of discretion under s 6 and s 8 may be developed; however, no Tribunal decisions are recorded in the Act itself.

Scope caught by the word "carry": The definition of "carry" in s 2(1) captures carriage "for reward or for any consideration or in the course of any trade or business". That is a broad formulation; operators who offer services bundled into tours, promotional flights, or who receive indirect consideration risk falling within the licence requirement. Relying on a narrow commercial definition of "for reward" may be misplaced because "any consideration" and "in the course of any trade or business" extend coverage.

Regular service classification criteria and joint operations: The definition of a regular service under s 3(1A) counts aircraft operated by the person "whether alone or together with aircraft operated by some other person" when determining whether the service is being operated by the person. That means services provided through cooperative arrangements, seat sales on another operator’s flights, or code‑sharing style arrangements may be treated as regular services for the licencing threshold. Operators may inadvertently trigger the regular service licence requirement through partnerships or commercial arrangements.

Five occasions in 28 days threshold and Secretary authorisation: The threshold of five or more occasions in 28 days triggers regular service status unless the Secretary authorises otherwise (s 3(1A)). The Secretary must have regard to specified matters in s 6(3) when exercising this authorising power (s 3(1B)). Relying on the "less than five" strategy to avoid licensing is legally fragile because it can be overridden by Secretary authorisation and because frequency counting may be aggregated across cooperating operators.

Charter vs regular classification risk: The statutory exemption for charter services depends on the activity being truly non‑regular (s 3(3)(a)). Operators who market flights as charters but operate them according to fixed schedules or at frequencies approximating regular services risk classification as regular services and thus unlicenced operation. The Act’s emphasis on form and frequency creates an operational compliance risk.

Secretary’s selective regard and lack of stated weightings: The Secretary must have regard to "such of the following matters as seem appropriate and to no other matters" (s 6(3)). That allows selective consideration of listed factors but excludes other potentially relevant considerations, which can create unpredictability for applicants; the Act does not prescribe weightings or primary considerations among the listed matters, generating administrative discretion and uncertainty.

Evidential consequences of prescribed officer statements: Answers and information given by a prescribed officer of a corporation are admissible and binding upon the corporation in proceedings under s 3 unless lack of authority is proved (s 4(5)). Corporations must therefore control who speaks to authorised persons and guard that officers understand the potential company‑binding effect of statements they provide.

Compelled answer admissibility and self‑incrimination nuance: Compelled answers are admissible in proceedings only for the offence under s 4(2) (s 4(4)). This is a narrow self‑incrimination protection and may not shield a person from administrative or regulatory consequences outside criminal proceedings; practitioners should not assume compelled answers are privileged in other contexts.

Prima facie certificates and evidentiary shortcut: Section 11 gives ministerial and records officer certificates prima facie evidentiary weight (s 11(1)-(3)). That creates an evidentiary shortcut against which respondents have the onus to rebut. Parties should anticipate administrative certification in enforcement proceedings and develop documentary evidence to rebut any adverse certificate.

Regulation trapdoors and small penalties: Regulations may be used to impose reporting obligations and small penalties (s 13(1)(a), (2)). Operators might face a compliance burden from regulatory instruments distinct from the licensing regime; these could include routine statistical returns or recordkeeping obligations not spelled out in the Act.

Working Group conflicts and disclosure mechanics: Members must disclose pecuniary interests and refrain from deliberation and voting on matters where a conflict arises unless the Minister or Working Group otherwise determines (Schedule 1, cl 7). However, cl 7(5) exempts interests the member has as a local government member, statutory office bearer, or public service employee. Practitioners should be alert to what counts as an interest and how exemptions apply in practice.

Transitional fee treatment caveat: Schedule 2 treats fees paid or payable under the earlier section 7 before the 2006 amendments in a specific way: fees already paid do not have to be repaid and fees payable but unpaid do not have to be paid (Sch 2, cl 3). That applies only to that transitional context and does not provide a general exemption from fees otherwise set under regulations.

No express statutory timetable for decisions: The Act does not prescribe time limits within which the Secretary must decide on licence applications or vary or revoke licences. Applicants should plan for possible administrative delay and consider whether Tribunal review under s 10A becomes necessary to press a decision.

Pre‑start assessment: Operators should first determine whether their intended activity is a regular service or a charter, and whether the route is covered by a deregulation order (s 3(1), (3); s 4A(1)). For regular services, confirm whether the route is declared a deregulated route in the Gazette; deregulation removes the licensing requirement for regular services on that route (s 3(3)(b), s 4A(1)). Operators reliant on charter classification should avoid fixed scheduling and the five-in-28-days frequency pattern that would reclassify activity as regular (s 3(1A)).

Application preparation: If a licence is required, prepare an application to be lodged at the head office of Transport for NSW in the form approved by the Secretary, specifying the route(s) and providing such particulars and information as the Secretary requires (s 5(1)(a)-(b), (d)-(e)). Be ready to supply additional particulars and information on request by the Secretary (s 5(2)). Ensure that particulars address the matters the Secretary must have regard to under s 6(3): public needs, competition, allocation of routes, character and fitness of applicant and management, effects on service maintenance and development, economic and environmental impacts, insurance adequacy and aircraft ownership or rights to operate (s 6(3)(a), (c), (d), (f)-(i)).

Risk management and documentation: Maintain documentary evidence of aircraft ownership or lease rights and commercial arrangements, evidence of adequate insurance for aircraft, pilots and passengers, and material demonstrating the applicant’s character and suitability if an individual applicant or the fitness of corporate management (s 6(3)(d), (h), (i)). Prepare operational plans showing how the proposed service affects maintenance and development of reasonable public air transport services and any environmental or economic development impacts to align with the Secretary’s statutory assessment factors (s 6(3)(a), (f), (g)).

Corporate governance and authorised person interactions: Designate authorised corporate officers who may speak to authorised persons and train them on the potential binding effect of statements given, since answers by prescribed officers may be admissible against the corporation in s 3 proceedings absent proof of lack of authority (s 4(5)). Keep accurate and retrievable records of operations to answer questions from authorised persons promptly and accurately; failure to comply or false or misleading responses are criminal offences (s 4(2)).

Compliance with licence conditions and internal controls: Once a licence is granted, implement internal controls and compliance monitoring to ensure adherence to any licence conditions; neglecting or failing to comply with licence conditions is an offence (s 9) and may prompt suspension or revocation by the Secretary (s 8(1), (3)). Plan for regular audits, record retention and staff training to avoid breaches.

Responding to notices and certificates: Treat certificates as prima facie evidence (s 11). If contesting a certificate, assemble documentary rebuttal quickly. If the Secretary serves a notice varying, suspending or revoking a licence, consider applying promptly to the Civil and Administrative Tribunal for review under s 10A to protect rights and seek a prompt administrative determination (s 10A).

Engage with Working Group and stakeholders: Where appropriate, engage with the State Aviation Working Group’s consultative processes; industry or local government bodies that nominate members to the Working Group may use that channel for views on regulatory policy (ss 12A-12B, Sch 1). Ensure any conflicts of interest among nominees are disclosed in accordance with Schedule 1 cl 7.

Regulatory reporting and statutory obligations: Monitor regulations under s 13 for statistical reporting obligations or other regulatory duties and ensure timely compliance to avoid small penalties of up to 2 penalty units under the regulations (s 13(1)(a), (2)). Also ensure compliance with other licences and registrations as required by law; the Act does not displace other obligations (s 18).

Prepare for enforcement risk and review routes: Understand that offences under the Act are summary matters in the Local Court with a two year time limit for commencement (s 12(2)-(3)). If administrative action is taken (refusal, variation, suspension or revocation), assess the prospects of review before the Civil and Administrative Tribunal under the Administrative Decisions Review Act 1997 and prepare factual and legal grounds documenting how the Secretary’s decision failed to properly apply the listed s 6(3) factors.

Recordkeeping and confidentiality: Keep records of all communications with authorised persons and the Department, and seek written instructions from the Minister in any situation where disclosure of information obtained in administration is proposed, because unauthorised disclosure is an offence under s 4(6). Establish a chain of custody and secure storage for operational and commercial data to respond to authorised inquiries and regulatory reporting obligations.

Insurance and aircraft rights: Before applying, verify insurance cover aligns with s 6(3)(h) expectations and ensure documentation evidences ownership, leasehold or rights to operate aircraft to satisfy s 6(3)(i). These are express statutory considerations and likely material to licensing outcomes.

Plan commercial structures with caution: If an operator contemplates combining services with other carriers, consider how joint operations may aggregate towards regular service thresholds under s 3(1A). Structure agreements and commercial arrangements with attention to whether seat sales, charter partnerships, or coordinated scheduling could unintentionally create regular service obligations.

Legal review and administrative strategy: Where doubt exists about classification, regulatory obligations or suitability for licence grant, obtain legal advice and consider pre‑application engagement with Transport for NSW to clarify application scope and information requirements. If the Secretary exercises discretion in an adverse way, document how the decision ignored or misapplied the s 6(3) matters to support a Tribunal review under s 10A.