3Licensing of persons for the carriage intrastate of passengers

3 Licensing of persons for the carriage intrastate of passengers

3 Licensing of persons for the carriage intrastate of passengers

(1) A person shall not carry by an aircraft from a place in New South Wales to another place in New South Wales any passengers unless:

(a) the person is the holder of a licence under this Act, and

(b) if the person is operating or providing a regular air transport service, the route over which the passengers are carried is a route in respect of which the licence was granted.

(c) (Repealed)

(1A) For the purposes of subsection (1), a person is operating or providing a regular air transport service while carrying passengers over a particular route if aircraft operated by the person, whether alone or together with aircraft operated by some other person, are engaged in a service conducted by the person, whether alone or in association with any other such person:

(a) in accordance with fixed schedules over that route, or

(b) unless otherwise authorised by the Secretary, on 5 or more occasions within any period of 28 days over that route.

(1B) In exercising powers under subsection (1A) (b), the Secretary shall have regard to such of the matters specified in section 6 (3) as to the Secretary seems appropriate and to no other matters.

(2) A person who contravenes subsection (1) is guilty of an offence against this Act.

(3) This section does not apply to:

(a) the provision of a charter service, being any air transport service that is operated or provided otherwise than as a regular service over a particular route, or

(b) the provision of a regular air transport service over a deregulated route.

(4)–(7) (Repealed)

s 3: Am 1980 No 148, Schs 1 (4), 2 (4); 1987 No 112, Sch 1 (3); 2006 No 21, Sch 1 [3]–[5].