Air Navigation Act 1920 Determination under subsection 15A(3) categories of commercial non-scheduled flights for which permission is not required (Cth)

COMMONWEALTH OF AUSTRALIA

AIR NAVIGATION ACT 1920

DETERMINATION UNDER SUBSECTION 15A(3) –

CATEGORIES OF COMMERCIAL NON-SCHEDULED FLIGHTS FOR WHICH PERMISSION ISNOT REQUIRED

1. I, Tony Wheelens, Assistant Secretary, International Relations Branch, Aviation Policy Division, Department of Transport and Regional Development, am a delegate of the Secretary for the purposes of section 15A of the Air Navigation Act 1920 (‘the Act’).

1. Having had regard to the criteria set out in subsection 15A(4) of the Act, I DETERMINE , under subsection 15A(3) of the Act, that permission is not required under section 15D in relation to the following categories of commercial non-scheduled flights:

(a)programs of passenger charter flights by aircraft with a capacity of 10 or fewer seats;

(b)5 or fewer passenger charter flights with an aircraft with a capacity of between 10 and 40 seats;

(c)2 or fewer passenger charter flights with aircraft with a capacity of between 40 and 80 seats;

(d)single charter flights;

(e)single-entity freight charter flights; and

(f)own-use charter flights.

1. This determination does not extend to proposed flights to or from countries referred to in Part XVIB of the Air Navigation Regulations.

1. In this determination:

“charter flight” means a flight for traffic purposes into or out of Australian territory not forming part of an approved scheduled international air service;

“own-use charter” means a flight where the entire capacity of the aircraft is chartered by a single organisation or individual to carry its own staff or passengers who are an affinity group (ie. members of organisations established mainly for purposes other than travel) or to carry cargo it owns for its own use;

“single charter” means a one-off charter flight, being a charter flight which is not part of a program of charter flights operating over the same route;

“single-entity freight charter” means a freight charter flight or flights where the whole aircraft is chartered by a single organisation or individual and the consignment is homogeneous (eg. computers, meat, livestock or horses) and does not include consignments consolidated by freight forwarders.

Dated this 21^st day of April 1997.

TONY WHEELENS