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 (c) (Repealed) 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 (4)–(7) (Repealed) 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 \[3\]–\[5\].