Air Navigation Regulation 2016
made under the
Air Navigation Act 1920
Compilation No. 2
Compilation date: 14 October 2024
Includes amendments: F2024L01299
About this compilation
This compilation
This is a compilation of the Air Navigation Regulation 2016 that shows the text of the law as amended and in force on 14 October 2024 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.
Self‑repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
Part 1—Preliminary
1 Name
3 Authority
5 Definitions
6 Application of this instrument
Part 2—Statistical returns and other information
7 Statistical returns and other information
8 Traffic reports, cost statistics and financial statements
9 Information to be provided to the Council
10 Confidential information
11 Failure to give information to the Secretary
12 Self‑incrimination
Part 3—Licensing of scheduled international air services
Division 1—Purpose
13 Purpose of this Part
Division 2—Applying for a licence
14 Applying for a licence
Division 3—Grant of a licence
15 Matters to be taken into account
16 Granting a licence
17 Refusal to grant a licence
18 Duration of a licence
19 Licence conditions
Division 4—Variation, suspension or cancellation of a licence
20 Secretary may vary, suspend or cancel a licence
21 Notice of proposed action to vary, suspend or cancel a licence
22 Decision on variation, suspension or cancellation of a licence
Division 5—Compliance declarations
23 Secretary to publish compliance declaration form
24 Licence holder must lodge compliance declaration
Part 4—Tariffs
25 Submitting tariffs for approval
26 Approval of tariffs
27 Additional information
28 Application of tariffs
Part 5—Timetables etc.
Division 1—Approval of timetables
29 Application for approval of a proposed timetable
30 Approval of a proposed timetable
Division 2—Variation, suspension or cancellation of timetables
31
Overview
The Air Navigation Regulation 2016 was enacted under the Air Navigation Act 1920 to address the need for comprehensive regulations governing international air services and related activities within Australia. This regulation, overseen by the relevant authority, establishes a structured framework for the licensing, operation, and oversight of international airlines and their services, ensuring compliance with international standards and safety protocols. It encompasses provisions for the application process for international airline licenses, the approval of tariffs and timetables, the imposition of conditions on licenses and timetables, and the enforcement of compliance and operational standards. The regulation aims to facilitate orderly and safe international air transport while protecting the interests of both Australian and foreign airlines, as well as passengers and the public.
Scope and Application
The Air Navigation Regulation 2016 applies to and in relation to international air navigation within Australia, air navigation in relation to trade and commerce with other countries and among the States, air navigation within the Territories, air navigation to or from the Territories, air navigation in which a Commonwealth aircraft is engaged, and all other air navigation within Australian territory of a kind not specified in the Act. It extends to acts, omissions, matters, and things in relation to Australian aircraft engaged in air navigation outside Australia. The Act does not apply to state aircraft or an aerodrome, or any part of an aerodrome, that is under the control of any part of the Defence Force. The Act may be extended or restricted through subordinate instruments.
Key Provisions
- The Air Navigation Regulation 2016 (Regulation) provides detailed provisions for the licensing and operation of scheduled international air services in Australia. Section 14 outlines the application process for an international airline licence, requiring the applicant to provide comprehensive details about their operations, financials, and compliance with aviation regulations. Section 16 allows the Secretary to grant the licence, which can be subject to conditions such as maintaining contact information and submitting compliance declarations. Section 17 mandates that if the Secretary decides not to grant a licence, the applicant must be notified in writing within 14 days.
- The Regulation imposes several obligations on licence holders. Section 19 details the conditions that apply to the licence, including maintaining insurance coverage, providing evidence of corporate existence, and adhering to various aviation laws and regulations. Section 24 requires licence holders to submit compliance declarations for each scheduling period, attesting to their adherence to the licence conditions. Section 25 allows licence holders to submit tariffs for approval, which must be considered by the Secretary in light of public interest, relevant agreements, and economic viability (section 26). Section 29 requires licence holders to apply for approval of their proposed timetables, specifying details such as the route, timing, and frequency of the services (section 30).
- Breaches of the Regulation can lead to serious consequences. Section 34 makes it an offence to operate a service not in accordance with an approved timetable, with a penalty of 50 penalty units. Similarly, advertising unlicensed services (section 35) and non-scheduled flights (section 36) without proper approval are also offences, carrying penalties of 50 and 25 penalty units, respectively. Smoking on aircraft engaged in passenger services is prohibited under section 37, with penalties of 25 and 50 penalty units for passengers and operators, respectively, if a required no-smoking notice is not displayed.
- The Regulation also provides for the review of certain decisions by the Secretary. Section 42 allows applications to the Administrative Review Tribunal for review of decisions related to tariff approvals, timetable approvals, and variations. This ensures that licence holders have a recourse to challenge decisions that may adversely affect their operations.
- Overall, the Regulation sets out a comprehensive framework for the licensing, operation, and regulation of scheduled international air services in Australia, aiming to ensure safety, security, and compliance with international standards.
- Area of Law
- Commercial Law
- Aviation Law
- Instrument
- Regulation
- Concepts
- Definitions & Interpretation
- Licensing & Registration
- Reporting & Disclosure Obligations
- Regulatory Standards
- Enforcement Powers
- Transitional Provisions