Air Navigation Act 1974

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AIR NAVIGATION ACT 1974

No. 124 of 1974

An Act to amend the Air Navigation Act 1920-1973 and for purposes connected therewith.

BE IT ENACTED by the Queen, the Senate and the House of Representatives of Australia, as follows: —

PART I—PRELIMINARY

Short title and citation.

1. (1) This Act may be cited as the Air Navigation Act 1974.

(2) The Air Navigation Act 1920-1973 is in this Act referred to as the Principal Act.

(3) The Principal Act, as amended by this Act, may be cited as the Air Navigation Act 1920-1974.

Commencement.

2. (1) Subject to sub-sections (2) and (3), this Act shall come into operation on the day on which it receives the Royal Assent.

(2) Sections 4, 5 and 10 and sub-section 6(1) shall come into operation on a date to be fixed by Proclamation.

(3) Sections 7, 9 and 13 and sub-section 12(1) shall come into operation on a date to be fixed by Proclamation.

PART II—PROVISIONS RELATING TO THE AIR

NAVIGATION ACT

Interpretation.

3. A reference in a provision of this Part to the Principal Act shall be read as a reference to the Principal Act as amended by any provision of this Act that came into force before the commencement of that first-mentioned provision.

4. After section 2a of the Principal Act the following section is inserted:—

Act not to apply to state aircraft.

“2b. Except where the contrary intention appears, this Act does not apply to, or in relation to, a state aircraft.”.

Interpretation.

5. Section 3 of the Principal Act is amended—

(a) by omitting from sub-section (1) the definition of “aircraft” and substituting the following definition:—

“ ‘aircraft’ means any machine or craft that can derive support in the atmosphere from the reactions of the air;”; and

(b) by omitting paragraph (a) of the definition of “state aircraft” in sub-section (1) and substituting the following paragraph:—

“(a) aircraft of any part of the Defence Force (including any aircraft that is commanded by a member of that Force in the course of his duties as such a member), other than any aircraft that by virtue of registration under the regulations is an Australian aircraft; and”.

Regulations.

6. (1) Section 26 of the Principal Act is amended by inserting after sub-section (1) the following sub-section:—

“(1a) Regulations under sub-section (1) may apply to, and in relation to, state aircraft.”.

(2) Section 26 of the Principal Act is amended by inserting after paragraph (c) of sub-section (2) the following paragraph: —

“(ca) the charging and recovery of fees and other charges in respect of matters specified in the regulations, being matters in relation to which expenses are incurred by Australia under this Act or under the regulations (including, but without limiting the generality of the foregoing, fees and other charges in respect of, or for applications or examinations for, the grant, issue, renewal or variation of licences, certificates, approvals, permits, registrations or exemptions under the regulations), but not being fees or charges the amounts or rates of which exceed amounts or rates that are reasonably related to the expenses incurred by Australia in relation to the matters in respect of which the fees or charges are payable or that otherwise amount to taxation;”.

Amendments concerning the Director- General.

7. The Principal Act is amended as set out in Part I of Schedule 1.

Minor amendments.

8. The Principal Act is further amended as set out in Part I of Schedule 2.

Validation and transitional.

9. (1) For all purposes of the Air Navigation Act 1920-1971 and of that Act as amended and in force at any time before the commencement of that section and for all purposes of any regulations in force at any time before the commencement of this section under that Act or under that Act as so amended, the office of Secretary to the Department of Transport and Director-General of Civil Aviation shall be deemed to have been the same office as the office of Director-General of Civil Aviation.

(2) Any act or thing done (including any instrument made or issued)—

(a) before 30 November 1973 by a person holding, or performing the duties of, the office of Director-General of Civil Aviation; or

(b) on or after that date and before the commencement of this section by a person holding, or performing the duties of, the office of Secretary to the Department of Transport and Director- General of Civil Aviation,

under or for the purposes of—

(c) the Air Navigation Act 1920 or of that Act as amended and in force when the act or thing was done or the instrument was made or issued; or

(d) any particular regulations in force under that Act or under that Act as amended and in force when the act or thing was done or the instrument was made or issued,

has effect, after the commencement of this section, as if the act or thing had been done, or the instrument had been made or issued, by the Secretary to the Department of Transport under or for the purposes of the Principal Act as amended by this Act or those regulations as in force under the Principal Act as amended by this Act, as the case requires.

(3) In the application, after the commencement of this section, of any regulations or other instrument in force or subsisting under or for the purposes of the Principal Act immediately before the commencement of this section, any reference in those regulations or in that instrument to the Director-General of Civil Aviation or to the Secretary to the Department of Transport and Director-General of Civil Aviation shall be read as including a reference to the Secretary to the Department of Transport.

(4) In this section, a reference to the office of Director-General of Civil Aviation is a reference to the office of Director-General of Civil Aviation referred to in the Principal Act.

Regulations to continue in force, &c.

10. Regulations in force under the Principal Act immediately before the date of commencement of this section continue in force and have the same meaning as if made under the Principal Act as amended by this Act.

Regulations may be made before Proclamation date.

11. At any time after this Act receives the Royal Assent and before the date fixed under sub-section 2(2), regulations may be made for the purposes of the Principal Act as amended by sections 4 and 5 and sub-section 6(1) of this Act as if those sections and that sub-section had come into operation on the day on which this Act receives the Royal Assent, but regulations so made shall not come into operation before the date so fixed under sub-section 2(2).

PART III—PROVISIONS RELATING TO THE AIRPORTS

(SURFACE TRAFFIC) ACT

Amendments and citation.

12. (1) The Airports (Surface Traffic) Act 1960-1973 is amended as set out in Part II of Schedule 1.

(2) The Airports (Surface Traffic) Act 1960-1973 is further amended as set out in Part II of Schedule 2.

(3) The Airports (Surface Traffic) Act 1960-1973, as amended by this Part, may be cited as the Airports (Surface Traffic) Act 1960-1974.

Validation and transitional.

13. (1) For all purposes of the Airports (Surface Traffic) Act 1960-1966 and of that Act as amended and in force at any time before the commencement of this section, the office of Secretary to the Department of Transport and Director-General of Civil Aviation shall be deemed to have been the same office as the office of Director-General of Civil Aviation.

(2) Any act or thing done (including any instrument made or issued)—

(a) before 30 November 1973 by a person holding, or performing the duties of, the office of Director-General of Civil Aviation; or

under or for the purposes of the Airports (Surface Traffic) Act 1960 or of that Act as amended and in force when the act or thing was done or the instrument was made or issued, has effect, after the commencement of this section, as if the act or thing had been done, or the instrument had been made or issued, by the Secretary to the Department of Transport under or for the purposes of the Airports (Surface Traffic) Act 1960-1973 as amended by this Act.

(3) In this section, a reference to the Director-General of Civil Aviation is a reference to the office of Director-General of Civil Aviation referred to in the Airports (Surface Traffic) Act 1960-1973.

______________

SCHEDULE 1 Section 7 and sub-section 12(1)

AMENDMENTS CONCERNING THE DIRECTOR-GENERAL OF CIVIL

AVIATION

PART I—AMENDMENTS OF THE AIR NAVIGATION ACT

Provision	Amendment
Section 3(1).............	(a) Omit the definition of “the Director-General”. (b) Insert at the end of the sub-section the following definition:— “‘the Secretary’ means the Secretary to the Department of
Section 3(1).............	Transport.”.
Section 8(4).............	Omit “Director-General”, substitute “Secretary”.
Section 9(2).............	Omit “Director-General”, substitute “Secretary”.
Section 12(1)............	Omit “Director-General”, substitute “Secretary”.
Section 14(2)............	Omit “Director-General”, substitute “Secretary”.
Section 14(3)............	Omit “Director-General”, substitute “Secretary”.
Section 14(4)............	Omit “Director-General”, substitute “Secretary”.
Section 14(5)............	Omit “Director-General”, substitute “Secretary”.
Section 14(7)............	Omit “Director-General”,(wherever occurring), substitute “Secretary”.
Section 17..............	Omit “Director-General”, substitute “Secretary”.
Section 18..............	Omit “Director-General”, (wherever occurring), substitute “Secretary”.
Section 20(2)............	(a) Omit from paragraph (a) “Department of Civil Aviation”, substitute “Department of Transport ”. (b) Omit from paragraph (d) “Director-General”, substitute “Secretary”.
Section 22(5)............	Omit “Director-General”, substitute “Secretary”.
Section 22(6)............	Omit “Director-General”, (wherever occurring), substitute “Secretary”.
Section 26(2)............	Omit from paragraph (h) “Director-General” (wherever occurring), substitute “Secretary”.
Section 31(1)............	Omit “Director-General”, substitute “Secretary”.
Section 31(3)............	Omit “Director-General”, substitute “Secretary”.

PART II—AMENDMENTS OF THE AIRPORTS (SURFACE TRAFFIC) ACT

Provision	Amendment
Section 3(1).............	(a) From the definition of “authorized person” omit “Director-General”, substitute “Secretary”. (b) Omit the definition of “the Director-General”. (c) Insert after the definition of “the owner” the following definition:— “ ‘the Secretary’ means the Secretary to the Department of Transport;”.
Section 6(1).............	Omit “Director-General”, substitute “Secretary”.
Section 7(1).............	Omit “Director-General”, substitute “Secretary”.
Section 7(2).............	Omit “Director-General”, substitute “Secretary”.
Section 9(3).............	Omit “Director-General”, substitute “Secretary”.
Section 13(5)............	Omit “Director-General”, substitute “Secretary”.
Section 16(1)............	Omit “Director-General”, (wherever occurring), substitute “Secretary”.
Section 17..............	Omit “Director General”, (wherever occurring), substitute “Secretary”.
Section 20(1)............	Omit “Director-General”, substitute “Secretary”.
Section 20(3)............	Omit “Director-General”, substitute “Secretary”.

___________

SCHEDULE 2 Section 8 and sub-section 12(2)

OTHER AMENDMENTS

PART I—AMENDMENTS OF THE AIR NAVIGATION ACT

Provision	Amendment
Section 2a..............	Omit “the Commonwealth”, substitute “Australia”.
Section 3(1).............	From the definition of “Australian territory” omit “the Commonwealth” (wherever occurring), substitute “Australia”.
Section 16..............	Omit “the Commonwealth”, substitute “Australia”.
Section 20(2)............	Omit “the Commonwealth” (wherever occurring), substitute “Australia”.
Section 21(3)............	Omit “the Commonwealth”, substitute “Australia”.
Section 24..............	Omit “the Commonwealth”, substitute “Australia”.

PART II—AMENDMENTS OF THE AIRPORTS (SURFACE TRAFFIC) ACT

Provision	Amendment
Section 3(1).............	(a) From the definition of “airport” omit “the Commonwealth” (wherever occurring), substitute “Australia”. (b) From paragraph (b) of the definition of “authorized person” omit “the Commonwealth”, substitute “Australia”.
Section 5...............	Omit “the Commonwealth” (wherever occurring), substitute “Australia”.
Section 16(2)............	Omit “the Commonwealth”, substitute “Australia”.
Section 19..............	Omit “the Commonwealth”, substitute “Australia”.

Overview

The Air Navigation Act 1974 (Cth) was enacted by the Parliament of Australia to amend the Air Navigation Act 1920-1973 and address gaps in the regulation of air navigation in Australia. This Act introduced several key changes, including the replacement of the term “Director-General of Civil Aviation” with “Secretary to the Department of Transport” across various provisions of the Act. The policy objective of this amendment was to streamline and modernise the legislative framework governing air navigation, ensuring it aligned with the evolving responsibilities of the Department of Transport. Additionally, the Act aimed to clarify the applicability of the legislation to state aircraft and to allow for the charging of fees and charges related to air navigation activities, provided they do not exceed amounts reasonably related to the incurred expenses or amount to taxation. The Act also included provisions for the validation and continuation of existing regulations under the amended Act, ensuring a smooth transition to the new legislative framework.

Scope and Application

The Air Navigation Act 1974 applies to the regulation of civil aviation in Australia, focusing on the safety, efficiency, and orderly growth of air navigation within Australian territory. The Act governs the conduct of aircraft operations, air traffic control, and related activities, and it applies to all aircraft except those used exclusively by the Defence Force, which are generally referred to as state aircraft. The Act extends to the entire Australian territory, including airspace, land, and water, and it applies to both domestic and international flights. The Act allows for the creation of regulations that can further define its scope and apply to state aircraft, including the charging and recovery of fees and charges for various aviation-related matters. The Act also includes provisions to ensure that existing acts, instruments, and regulations made under the previous Air Navigation Act 1920-1973 continue to have effect, subject to amendments made by this Act. Additionally, the Act provides for the validation of past actions taken by the Director-General of Civil Aviation and the Secretary to the Department of Transport, ensuring continuity in the administration of civil aviation.

Key Provisions

The Air Navigation Act 1974 (the "Act") introduces several key provisions that amend the existing Air Navigation Act 1920-1973 (the "Principal Act"). Section 1 provides that the Act may be cited as the Air Navigation Act 1974, while the Principal Act, as amended by this Act, may be cited as the Air Navigation Act 1920-1974. The Act generally comes into operation on the day it receives Royal Assent, with certain sections coming into operation on dates to be fixed by Proclamation (sections 4, 5, 10, 6(1), 7, 9, 13, and 12(1)). The Act imposes several obligations and requirements on the parties it governs. It clarifies that the Act does not apply to state aircraft, except where a contrary intention is apparent (section 2b). The Act also redefines "aircraft" to mean any machine or craft that can derive support in the atmosphere from the reactions of the air (section 5(a)). Additionally, it specifies that regulations may apply to state aircraft and may include the charging and recovery of fees and other charges related to matters specified in the regulations (sections 6(1a) and 6(2)(ca)). The Act further amends the definition of "state aircraft" to include aircraft of any part of the Defence Force, excluding those registered as Australian aircraft (section 5(b)). There are several offences, penalties, and consequences for breach under the Act. While the Act does not specify particular offences or penalties, it is likely that breaches of regulations made under the Act could result in civil or criminal penalties, depending on the nature and severity of the breach. The Act also includes validation and transitional provisions to ensure the continuity of actions taken under the Principal Act before the Act's commencement (sections 9 and 13). Regulations in force under the Principal Act continue to apply as if made under the amended Act, and regulations may be made before the specified Proclamation date (sections 10 and 11). In summary, the Air Navigation Act 1974 introduces several amendments to the existing Principal Act, including changes to the definition of "aircraft" and "state aircraft", the applicability of the Act to state aircraft, and the authority to charge fees and other charges related to air navigation matters. The Act imposes obligations on the parties it governs and includes validation and transitional provisions to ensure a smooth transition to the amended Act. While specific offences and penalties are not detailed in the Act, breaches of regulations made under the Act could result in civil or criminal consequences.

Area of Law: Aviation Law
Instrument: Act
Concepts: Definitions & Interpretation; Commencement Provisions; Repeal & Amendment; Regulatory Standards

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.

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