COMMONWEALTH OF AUSTRALIA
AIR NAVIGATION ACT 1920
DETERMINATION UNDER SUBSECTION 15A(3) –
CATEGORIES OF COMMERCIAL NON-SCHEDULED FLIGHTS FOR WHICH PERMISSION ISNOT REQUIRED
- 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’).
2. 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.
3. This determination does not extend to proposed flights to or from countries referred to in Part XVIB of the Air Navigation Regulations.
4. 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 21st day of April 1997.
TONY WHEELENS
Overview
The Air Navigation Act 1920 was enacted to provide for the regulation of aircraft in Australia, including the establishment of air navigation services, the control of aircraft movements, and the licensing of pilots and aircraft. The Act was introduced to address the growing need for a comprehensive legal framework governing air navigation in Australia, particularly in light of the rapid advancements in aviation technology and the increasing volume of air traffic. The Act was enacted by the Commonwealth Parliament, with the objective of ensuring the safety and efficiency of air navigation services, as well as the protection of public interest in the use of airspace. This legislative instrument, issued under the authority of the Act, specifies certain categories of commercial non-scheduled flights that do not require permission, thereby providing clarity and streamlining the regulatory process for these types of flights.
Scope and Application
The Air Navigation Act 1920, through this determination, specifies categories of commercial non-scheduled flights for which permission is not required under section 15D, thereby exempting certain operations from the need for explicit authorisation. This applies to various forms of passenger and freight charter flights, including programs of passenger charter flights with aircraft capacities up to 10 seats, limited numbers of passenger charter flights with aircraft capacities between 10 and 80 seats, single charter flights, single-entity freight charter flights, and flights considered as own-use charters. These exemptions are contingent upon the flights not involving operations to or from countries listed in Part XVIB of the Air Navigation Regulations. The determination also provides definitions for terms such as "charter flight," "own-use charter," "single charter," and "single-entity freight charter," which further clarify the scope of these exemptions. This legislative instrument applies across the Commonwealth, providing a national standard for these categories of flights.
Key Provisions
The main operative sections of the determination under the Air Navigation Act 1920 focus on specifying categories of commercial non-scheduled flights for which permission is not required under section 15D. The determination, made under subsection 15A(3) by Tony Wheelens, Assistant Secretary, International Relations Branch, Aviation Policy Division, Department of Transport and Regional Development, outlines six categories where such permission is not necessary (subsection 15A(4)). These include programs of passenger charter flights by aircraft with 10 or fewer seats (a), 5 or fewer passenger charter flights with an aircraft having a capacity between 10 and 40 seats (b), 2 or fewer passenger charter flights with aircraft between 40 and 80 seats (c), single charter flights (d), single-entity freight charter flights (e), and own-use charter flights (f). Notably, this determination does not apply to flights to or from countries listed in Part XVIB of the Air Navigation Regulations (subsection 3).
The obligations and requirements imposed by this determination pertain to the specified categories of charter flights. For example, any commercial entity conducting passenger charter flights with aircraft of 10 or fewer seats can operate without seeking specific permission for each flight as long as it adheres to the program criteria (subsection 2(a)). Similarly, entities conducting up to 5 passenger charter flights with aircraft of 10 to 40 seats, or 2 flights with aircraft of 40 to 80 seats, do not need individual permissions (subsections 2(b) and 2(c)). Single charter flights, single-entity freight charter flights, and own-use charter flights also fall under this exemption (subsections 2(d), 2(e), and 2(f)). The determination, however, does not extend to flights to or from countries specified in Part XVIB of the Air Navigation Regulations (subsection 3).
The Act does not explicitly state offences, penalties, or consequences for breach in this determination. However, any deviation from the outlined categories or criteria may render the flights subject to the permission requirement under section 15D of the Act. Consequently, operators may face legal repercussions or administrative penalties if they fail to comply with the stipulated conditions, including potential revocation of flight operations until compliance is achieved. The specific legal and administrative actions, including fines or other penalties, would be governed by the overarching provisions of the Air Navigation Act 1920 and related regulations.