EXPLANATORY STATEMENT
Issued by the Authority of the Minister for Infrastructure, Transport, Regional Development and Local Government
Air Navigation Act 1920
Air Navigation Regulations 2026
Air Navigation Legislation (Repeal and Consequential Amendments) Regulations 2026
Authority
1. The Air Navigation Regulations 2026 (the Regulations) are made under section 26 of the Air Navigation Act 1920 (the Act).
2. Section 26 of the Act provides that the Governor-General may make regulations, not inconsistent with the Act, prescribing matters required or permitted by the Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to the Act.
3. Section 12 of the Act establishes that an international airline must not operate a scheduled international air service, over, into or out of Australian territory except in accordance with an international airline licence granted in accordance with the regulations. Section 13 of the Act also states the regulation may provide for or in relation to the licencing of scheduled international air services, operated over, into or out of Australian territory.
4. The Air Navigation Legislation (Repeal and Consequential Amendments) Regulations 2026 (the Repeal and Consequential Amendments Regulations) are made under s 26 of the Act as well as section 133 of the Aviation Transport Security Act 2004 (the Aviation Transport Security Act), section 98 of the Civil Aviation Act 1988 (the Civil Aviation Act) and section 504 of the Migration Act 1958 (the Migration Act).
5. Subsection 133(1) of the Aviation Transport Security Act provides that the Governor-General may make regulations prescribing matters required or permitted by the Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to the Act.
6. Subsection 98(1) of the Civil Aviation Act provides, in part, that the Governor-General may make regulations, not inconsistent with the Civil Aviation Act, prescribing matters required or permitted by the Civil Aviation Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to the Civil Aviation Act.
7. Subsection 504(1) of the Migration Act provides that the Governor-General may make regulations, not inconsistent with the Migration Act, prescribing matters required or permitted to be prescribed, or necessary or convenient to be prescribed, for carrying out or giving effect to the Migration Act.
Purpose and operation
8. The Air Navigation Act 1920 (the Act) implements the Convention on International Civil Aviation (the Chicago Convention) and the International Air Services Transit Agreement under Australian law.
9. The Air Navigation Regulations 2026 (the Regulations) remake and modernise the framework for ensuring compliance with Australia’s bilateral air services arrangements, which are negotiated consistent with the Chicago Convention. The Regulations achieve this through a system of International Airline Licences (IALs), approvals of timetables for scheduled international air services, and associated administrative and compliance arrangements. The Regulations also give effect to a range of other matters arising under the Chicago Convention.
10. The Air Navigation Legislation (Repeal and Consequential Amendments) Regulations 2026 (the Repeal and Consequential Amendments Regulations) make the necessary repeals and consequential amendments associated with remaking the Regulations. This includes consequential amendments to the Air Navigation (Aircraft Engine Emissions) Regulations 1995, the Air Navigation (Aircraft Noise) Regulations 2018, the Aviation Transport Security Regulations 2005, the Civil Aviation Safety Regulations 1998 and the Migration Regulations 1994.
11. The provisions of the Regulations substantially replicate and are largely consistent with the arrangements administered under the Air Navigation Regulation 2016 (2016 Regulation), which are due to sunset on 1 April 2026, in accordance with the Legislation Act 2003.
12. The Regulations modernise the framework for ensuring compliance with Australia’s bilateral air services arrangements, to ensure it remains fit for purpose, clear and aligned with contemporary aviation operations and Australia’s international obligations.
13. The Regulations make minor administrative and operational updates to the existing provisions to improve regulatory clarity, efficiency and consistency of IAL’s and timetable approvals. Key changes include:
- updating timeframes and administrative processes to improve regulatory efficiency and providing certainty for industry and government stakeholders;
- expanding and streamlining the circumstances in which an IAL holder is not required to seek a variation of their international timetable, providing some operational flexibility for international airline operations;
- removing redundant provisions while retaining appropriate compliance and enforcement mechanisms consistent with existing regulatory practice; and
- enabling, in the future, international air services timetables to be submitted electronically and for certain routine administrative actions to be made using computer programs, consistent with arrangements being adopted in other countries which are moving to electronic filing processes along with modern regulatory practice.
14. The Regulations also include updated transitional provisions to minimise the impact on industry by allowing existing IALs, approvals and decisions made under the 2016 Regulation to continue to have effect.
15. Further details of the Regulations and the Repeal and Consequential Amendments Regulations are outlined in Attachment A.
Consultation
16. The department undertook consultation in developing the Regulations. Consultation commenced on 24 March 2025. The last submission was received on 25 July 2025.
17. In total, the department received four written submissions from the international aviation industry, including Australia’s two major international airlines and the two major international airline associations indicating the 2016 Regulation was operating efficiently and effectively. All responses supported the remake of the Regulations and highlighted the importance of regulatory requirements remaining equal for all operators (both Australia and foreign airlines).
18. The department also conducted a review of the 2016 Regulation. This review found that the 2016 Regulation was fit-for-purpose and necessary to uphold Australia’s bilateral air services arrangements and International Civil Aviation Organization standards, and recommended the regulations be remade with minor administrative changes.
19. In response to the review and consultation, minor administrative changes have been incorporated to remove outdated language, improve clarity and provide some operational flexibility for international airline operations. The Regulations maintain equal treatment of all international airline operators in accordance with Australia’s bilateral air services arrangements.
20. The Civil Aviation Safety Authority (CASA) was consulted on the Repeal and Consequential Amendments Regulations supporting the remake of the proposed Regulations and the administrative amendment of the Civil Aviation Safety Regulations 1998.
21. The Department of Home Affairs and the Australian Border Force were consulted on the proposed Regulations and the proposed Repeal and Consequential Amendments Regulations and supported retaining the Production of Documents provisions and the amendments to the Aviation Transport Security Regulations 2005 and Migration Regulations 1994.
22. IP Australia was consulted and supported retaining the provisions related to the exemption of aircraft and spare parts from seizure on patent claims, in the proposed Regulations.
Statement of Compatibility with Human Rights
23. A statement of compatibility with human rights for the purposes of Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011 is set out at Attachment B.
Attachment A
Details of the Air Navigation Regulations 2026
Part 1 – Preliminary
Section 1 - Name
24. This section provides that the name of the Regulations is the Air Navigation Regulations 2026.
Section 2 - Commencement
25. This section provides that the Regulations commence on 1 April 2026.
Section 3 - Authority
26. This section provides that the Regulations are made under the Air Navigation Act 1920.
Section 4 - Definitions
27. This section sets out definitions for terms used in the Regulations not defined in the Act and specific to the operation of the Regulations.
28. In particular, the Regulations define the two international aviation scheduling periods, northern summer and northern winter. The Regulations define northern summer as the period beginning at the start of the last Sunday in March in a year and ending immediately before the start of the last Sunday in October in the same year, in accordance with Universal Coordinated Time.
29. The Regulations define northern winter as the period beginning at the start of the last Sunday in October in a year and ending immediately before the start of the last Sunday in March in the immediately following year, in accordance with Universal Coordinated Time.
Part 2 – Statistical returns and other information
30. This Part facilitates the collection of statistical information from aircraft owners and operators by the Bureau of Infrastructure Transport Research Economics (the BITRE). The part enables the BITRE to respond to requests for data by the International Civil Aviation Organization in accordance with the Chicago Convention.
31. This part remakes Part 2, regulations 7 to 12 of the 2016 Regulation.
Section 5 - Statistical returns and other information
32. This section provides for the collection of certain statistical information concerning the operation of aircraft in Australian territory by the BITRE.
33. Subsection 5(1) sets out the persons to which subsection (2) applies.
34. Subsection 5(2) specifies the statistical information that the Secretary may request from persons covered by subsection 5(1). Paragraph 5(2)(b) provides for the collection of information relating to passengers carried on an aircraft. This facilitates the collection of aggregated statistical information on passenger numbers and other non-identified information and does not involve the collection of personal information to which the Australian Privacy Principles apply.
35. The information collected under section 5 cannot be effectively collected by another means, is essential to the ongoing performance of the functions of the BITRE and is an important part of meeting Australia's obligations under the Chicago Convention. The information published by the BITRE, based on statistical information to be collected under section 5, is essential to the efficient management, operations and transparency of the Australian aviation industry.
36. Subsection 5(3) provides for a minimum notice period to ensure that aircraft operators are given a reasonable period of time to comply with a request for information.
Section 6 - Traffic reports, cost statistics and financial statements
37. This section provides for the collection of statistical information in relation to traffic, fuel consumption, revenue and cost statistics and financial statements.
Section 7 - Information to be provided to the Council
38. This section provides for the provision of information collected under section 6 to the Council of the International Civil Aviation Organization (the ICAO Council).
39. Subsection 7(1) requires the Secretary to provide the ICAO Council with information required under Article 67 of the Chicago Convention.
40. Subsection 7(2) provides the Secretary with a discretion to provide information collected under the Regulations to assist the ICAO Council in carrying out its research efforts under Article 55 of the Chicago Convention.
Section 8 - Confidential information
41. This section provides for the protection of confidential information collected under subsections 5(2) and 6(2).
42. The section sets out the circumstances in which such information may be disclosed, consistent with the purposes of the Act and the Regulations.
Section 9 - Failure to give information to the Secretary
43. This section provides that it is an offence to fail to comply with a requirement to give information to the Secretary under subsections 5(2) and 6(2).
44. Section 26(2)(k) of the Act permits regulations to prescribe penalties not exceeding 50 penalty units. The offence under this section is subject to a penalty of 10 penalty units, which is considered appropriate for the nature and severity of the offence.
45. The value of a penalty unit is prescribed by section 4AA of the Crimes Act 1914 (the Crimes Act). The current value of a penalty unit is $330 and is due to be indexed on 1 July 2026 and each third 1 July following that day (subsection 4AA(3) of the Crimes Act).
46. Subsection 11(2) provides that a court may order a person to comply with a notice given under subsection 11(1). No additional court workload is anticipated due to the strong history of compliance with the 2016 Regulation.
Section 10 - Self-incrimination
47. This section reproduces the language of section 12 of the 2016 Regulation. It expressly abrogates the privilege against self-incrimination for persons issued with a notice issued under sections 5 or 6 of the Regulations. This is necessary and appropriate to ensure the timely provision of information to ensure Australia meets its obligations under the Chicago Convention. The information collected under section 5 is essential to the ongoing performance of the functions of the BITRE and is an important part of meeting Australia's obligations under the Chicago Convention. The information published by the BITRE, based on statistical information to be collected under section 5, is essential to the efficient management, operations and transparency of the Australian aviation industry. Similarly, information collected under section 6 enables Australia to meet its requirements under the Chicago Convention.
48. However, section 10(2) provides both use and derivative use immunity for such persons in criminal proceedings, other than proceedings under sections 137.1 or 137.2 of the Commonwealth Criminal Code relating to false or misleading information or documents, respectively. This balances the public interest in collecting the information—including compliance with Australia’s international obligations—with appropriate protections for the rights of individuals.
49. In practice, much of the collection of information will be from corporations, rather than individuals, and corporations do not enjoy the privilege against self-incrimination. Nonetheless, the provision has been included to take account of any situations where the information may be collected from an individual.
Part 3 – International airline licences
Division 1 – Applying for a licence
Section 11 - Applying for a licence
50. This section sets out the application requirements for the grant of an International Airline Licence (IAL) in relation to a scheduled international air service.
51. Under Article 6 of the Chicago Convention, no scheduled international air service may be operated over or into the territory of a contracting State except with the permission of that State. In practice, such permission is given through bilateral air services arrangements.
52. An IAL is required under section 12 of the Act and is intended to ensure that international air services are operated consistent with Australia’s bilateral air services arrangements.
53. This section provides that an applicant for an IAL must give the Secretary specified information, including contact details, corporate identity information, evidence of required insurance for international aviation operations, and evidence of compliance with other aviation regulatory requirements.
54. This section remakes section 14 of the 2016 Regulation, with updated form and language consistent with current drafting practices.
Division 2 – Grant of a licence
Section 12 – Deciding application
55. Section 12(1) provides that the Secretary must decide an application for an IAL made under section 11.
56. Subsection 12(2) provides that the Secretary may, by written notice, require an applicant to give further information for the purposes of deciding an application for an IAL.
57. Subsection 12(3) provides that, in deciding an application, the Secretary may have regard to the application and any information or documents provided by the applicant, as well as any other matters the Secretary considers relevant.
Section 13 – Grant of licence and conditions
58. This section provides that if the Secretary decides to grant an IAL, the Secretary must give the applicant written notice of the decision within 14 days and specify the conditions to which the licence is subject.
59. Subsection 13(2) sets out the standard conditions that apply to an IAL, including ongoing compliance with various aviation regulatory frameworks. An IAL will also require the ongoing provision of a compliance declaration in accordance with section 19 of the Regulations.
60. Subsection 13(3) provides that the Secretary may impose additional conditions on the grant of an IAL.
61. Subsection 13(4) provides that, without limiting subsection 13(3), the Secretary may limit the scheduled international air services that may be operated under the licence.
62. Decisions made under this section are subject to review by the Administrative Review Tribunal.
63. This section substantially remakes section 16 of the 2016 Regulation. Section 43 provides that any IAL issue under the 2016 Regulation will continue in force as if it were an IAL granted under this section.
Section 14 - Refusal to grant a licence
64. This section provides that where the Secretary decides to refuse an application for an International Airline Licence (IAL) under section 11, the Secretary must notify the applicant of the decision in writing within 14 days.
65. This section substantially remakes section 17 of the 2016 Regulation. A decision under this section is subject to review by the Administrative Review Tribunal.
Section 15 - Duration of a licence
66. This section provides that an IAL commences on the day specified in the licence and continues in force until it is suspended or cancelled in accordance with Division 3 of the Regulations or cancelled at the request of the licence holder.
67. This section substantially remakes section 18 of the 2016 Regulation.
Division 3—Variation, suspension or cancellation of a licence
Section 16 – Grounds for varying, suspending or cancelling a licence
68. This section provides that the Secretary may vary, suspend or cancel an IAL in specified circumstances.
69. These circumstances include where the variation, suspension or cancellation is requested by the licence holder, where a condition of the licence has been breached, or where the Secretary considers it necessary to do so in the public interest.
70. This section substantially remakes regulation 20 of the 2016 Regulation, with updated form and language consistent with modern drafting practices.
Section 17 - Notice of proposed action to vary, suspend or cancel a licence
71. This section provides that the Secretary must notify an IAL holder of a proposed action to vary, suspend or cancel a licence, unless an exemption applies under subsection 17(3).
72. Subsection 17(2) sets a notice period of at least 35 days, during which the licence holder may respond before the Secretary makes a decision under section 16.
73. If a response is provided, subsection 17(4) requires the Secretary to consider that response.
74. Subsection 17(3) provides that notice is not required where urgent action is required due to risks to public safety or security, or where the action has been requested in writing by the licence holder.
Section 18 - Notice of decision to vary, suspend or cancel a licence
75. This section sets out the Secretary’s obligations when deciding to vary, suspend or cancel an IAL.
76. Subsection 18(1) provides for written notice of a variation, including the terms of the variation, reasons and the day on which it takes effect.
77. Subsection 18(2) provides for written notice of a suspension, including reasons, commencement and duration.
78. Subsection 18(3) limits a suspension for a particular breach to a maximum period of six months, with provision for extension where multiple grounds exist.
79. Subsection 18(4) provides for written notice of cancellation, including reasons and commencement.
80. Decisions under this section to vary, suspend or cancel an IAL are subject to review by the Administrative Review Tribunal.
Division 4—Obligations of licence holders
Section 19 – Licence holder must lodge compliance declaration form
81. This section provides that an IAL holder must lodge a compliance declaration at least 35 days before the commencement of each scheduling period (northern summer and northern winter), or at a later time permitted by the Secretary.
82. Compliance declarations are intended to provide a mechanism to ensure IAL holders continue to meet their licence conditions.
83. Subsection 19(1) provides that the IAL holder must complete, in a form approved by the Secretary, a declaration. Currently this form is made available on the department’s website at www.infrastructure.gov.au/infrastructure-transport-vehicles/aviation/international-aviation/international-airline-licences/licence-status.
84. Subsection 19(3) provides that the Secretary may require an IAL holder to verify information contained in a compliance declaration.
85. This section substantially remakes regulations 23 and 24 of the 2016 Regulation, simplifying the compliance declaration framework.
Section 20 – Licence holder must notify change of address
86. This section makes it an offence for an IAL holder to fail to notify the Secretary of a change of address.
87. Subsection 20(2) provides a period of 28 days within which an IAL holder must notify the Secretary of any change to their place of business or address for communication.
88. The penalty is set at 10 penalty units, which is considered appropriate to the nature and severity of the offence.
89. This section remakes regulation 40 of the 2016 Regulation with no substantive change.
Part 4 -Tariffs
Section 21 - Submitting tariffs for approval
90. This part provides for the circumstances in which an IAL holder must submit a tariff (price) of an international air service to the Secretary for approval.
91. This part reflects provisions included in various bilateral air services arrangements negotiated by the Australian Government with foreign governments, which enable the aeronautical authorities’, to require airlines to submit their tariffs for approval. The inclusion of these provisions in bilateral air services arrangements reflect common international practice.
92. Noting the ability of foreign governments to impose these requirements on airlines serving the Australian international aviation market, it remains appropriate for the Australian Government to similarly retain this mechanism.
93. Subsection 21(2) provides that the Secretary may direct an IAL holder to submit a tariff for approval.
94. Subsection 21(3) requires a direction from the Secretary to state a period not shorter than 14 days within which the IAL holder is required to reply to the Secretary’s request and the form in which they must submit their tariff.
95. Subsection 21(4) requires compliance with such a direction from the Secretary.
96. This section remakes regulation 25 of the 2016 Regulation with no substantive change.
Section 22 - Approval of tariffs
97. This section provides a mechanism for the approval of tariffs for international air services.
98. Subsection 22(1) provides that the Secretary may approve, approve subject to conditions, or refuse to approve a tariff.
99. Subsection 22(2) sets out matters the Secretary must take into account, including the public interest, relevant bilateral air services arrangements and the need for the service.
100. Subsection 22(3) requires written notification of a decision and reasons.
101. Subsection 22(4) provides that a tariff is taken to be approved if no decision is made within 7 days.
102. Decisions under this section are subject to review by the Administrative Review Tribunal.
103. This section remakes regulation 26 of the 2016 Regulation with no substantive change.
Section 23 - Secretary may ask for additional information
104. This section enables the Secretary to request the licence holder give the Secretary additional information before making a decision on a tariff.
105. This section remakes regulation 27 of the 2016 Regulation with no change.
Section 24 - Application of tariffs
106. This section prevents an airline from applying a tariff that has been refused, or from applying a tariff otherwise than in accordance with approved conditions.
107. This section remakes regulation 28 of the 2016 Regulation with no change.
Part 5 – Timetables
Section 25 - Application for approval of a timetable
108. This section establishes the requirement for an IAL holder to apply for timetable approval for scheduled international air services to and from Australian territory. The system of timetable approvals ensures services operated by IAL holders are consistent with commercial entitlements under the relevant bilateral air services arrangements.
109. Subsection 25(2) prescribes matters to be included in an application and allows the Secretary to determine the form of the application, including by electronic means.
110. Subsection 25(3) requires applications to be lodged at least 35 days before the start of the period for which approval is sought, unless otherwise permitted by the Secretary.
111. Subsection 25(4) enables the Secretary to request further information to enable a decision to be made on a timetable application. This includes removing any obligation on the Secretary to consider the application until the requested information is provided.
Section 26 - Approval of a timetable
112. This section provides for decisions on a timetable application.
113. Subsection 26(1) allows the Secretary to approve, reject, approve with variations or approve subject to conditions a timetable.
114. Subsection 26(2) sets out matters the Secretary may have regard to, in making a decision under subsection 26(1) including consideration of relevant bilateral air services arrangements, traffic, other approved timetables, the public interest and any other relevant matters. The subsection allows Secretary to have regard to whether the applicant, or the government authority of the relevant foreign country, has impeded, engaged in discriminatory or restrictive practice, or denied a fair and equal opportunity, to an Australian airline. The Secretary may also consider whether the applicant, or the government authority of the relevant foreign country, has contravened the relevant bilateral air services agreement.
115. Subsection 26(3) limits the Secretary’s approvals to a period not exceeding 12 months.
116. Subsections 26(4) and 25(5) require the Secretary to notify the IAL holder of the decision in writing before the first day of the period for which approval is being sought.
117. Decisions under this section are subject to review by the Administrative Review Tribunal.
Section 27 - Conditions that may be imposed in relation to approved timetables
118. This section sets out conditions that may be imposed on approved timetables, including conditions relating to the traffic, or type of traffic, permitted to be carried on the route, including part of the route.
119. This section also provides for imposing limits on advertising, including whether advertising is permitted and the manner and content of advertising, for the service or certain other services operated by the IAL holder.
120. This section remakes regulation 33 of the 2016 Regulation with no change.
Section 28 – Automation of administrative action
121. This section permits usage of automated decision-making (ADM) by conferring on the Secretary a discretion to arrange for the use of a computer program to make administrative actions, subject to safeguards and limitations.
122. The use of ADM, subject to safeguards, is considered appropriate in this instance, because of the high volume of timetable decisions, and most decisions only involve mandatory administrative actions where the criteria are based on objectively ascertainable criteria. For example, if an international airline seeks timetable approval to operate services under a bilateral air services arrangement that does not have capacity restrictions, such routine decisions can be made on objectively ascertainable criteria, and the ability of the applicant to obtain an automated decision instantly would increase efficiency.
123. It is acknowledged that not all timetable decisions are based on objectively ascertainable criteria. For example, in respect of some types of decisions there are public interest considerations. It is not intended that ADM would be introduced in relation to those types of administrative action. As outlined below, the Secretary remains accountable for administrative action taken by a computer program and has the power to intervene in respect of any such decisions.
124. Subsection 28(1) authorises the Secretary to arrange, in writing, for the use of a computer program to make administrative actions under section 26. Arrangements made under this subsection are limited to automating mandatory administrative actions based on objectively ascertainable criteria.
125. The note to subsection 28(1) provides that the Secretary may only delegate the power to make arrangements for automated decision-making to SES employees or acting SES employees, supporting strong oversight and consistency with the ADM provisions.
126. Subsection 28(2) sets out what constitutes an administrative action for the purposes of this section.
127. Subsection 28(3) treats the actions taken by the computer program as a decision taken by the Secretary, ensuring the Secretary is accountable for the administrative action taken by the computer program.
128. Subsection 28(4) allows the Secretary to substitute a decision by a computer program, if they are satisfied that the action was not correct. This means administrative actions the Secretary knows to be incorrect may be corrected without the need for an applicant to first seek merits review.
129. Subsections 28(5) and (6) prescribe the day on which the substituted action would take effect, being the day specified by the Secretary or the day of the decision of the computer program. The day can be earlier than the day the substitute action is taken, but not earlier than the day of the decision of the computer program.
130. Subsection 28(7) provides that a decision by the Secretary under subsection 28(1) to allow decisions to be made by a computer program, would not prevent the Secretary at any stage, from choosing to make a decision themselves.
131. Subsection 28(8) clarifies that an arrangement made under section 28 is not a legislative instrument. This is included because such an instrument is not of a legislative character. The subsection is not a substantive exemption from the requirements of the Legislation Act 2003, but is included for transparency and to assist users of the Regulations.
132. Arrangements under section 28 will be limited to administrative actions that are suitable for automation. Discretionary or evaluative decision making remains subject to appropriate human oversight.
Section 29 – Oversight and safeguards for automation of administrative action
133. This section contains key safeguards to protect against possible risks of using computer programs to take certain administrative actions. This could include the risk of:
- a computer program malfunctioning and or making an error;
- relevant circumstances not being contemplated and incorporated in the computer program rules; or
- a computer program not being updated to consider a change in circumstance (such as an update to the bilateral air services arrangements) that alters the interpretation of a rule.
134. This section includes measures to enhance transparency, accountability, and oversight around the use of ADM, through:
- publishing on the department’s website the types of administrative actions that are being automated;
- requiring the Secretary to take all reasonable steps to ensure the administrative action taken by the operation of a computer program is valid; and
- reporting on the number of matters in the department’s annual report.
135. Subsection 29(1) requires the Secretary to take all reasonable steps to ensure that any administrative action taken by the operation of a computer program is an action that the Secretary could validly take under section 26 of the Regulations.
136. Subsection 29(2) provides that a failure to comply with subsection 29(1) does not, of itself, affect the validity of an administrative action taken by the operation of a computer program.
137. Subsection 29(3) requires the Secretary to publish a statement on the department’s website where computer programs are used to take administrative action under section 26, enhancing the transparency around the use of ADM.
138. Subsections 29(4) and (5) require the Secretary to include information about the use of automated decision-making in the department’s annual report prepared under section 46 of the Public Governance, Performance and Accountability Act 2013. This information includes the number and kinds of substituted actions taken by the Secretary, and the kinds of administrative action taken by the operation of a computer program that the Secretary was satisfied were not correct. These reporting requirements support transparency, oversight and accountability in relation to the use of ADM.
Section 30 - Varying, suspending, cancelling etc.
139. This section provides for the Secretary to vary, suspend or cancel an approved timetable.
140. Subsection 30(2) sets out circumstances in which the Secretary may vary, suspend or cancel an approved timetable, or impose, vary or remove conditions, including where services are not operated in accordance with approved timetables, where foreign government actions adversely affect Australian airlines, where relevant agreements are contravened, where circumstances have materially changed, or where action is required in the public interest.
141. Subsections 30(3) and 30(4) provide for an IAL holder to apply in writing to the Secretary to vary an approved timetable, or to vary or remove a condition imposed in relation to an approved timetable for a scheduled international air service. Under the provisions, the Secretary may approve the variation, approve it with alterations or conditions, vary or remove a condition, or refuse the application, having regard to the matters set out in proposed subsection 30(2).
142. Where the Secretary makes a decision in relation to an approved timetable or a related condition, subsection 30(5) requires the IAL holder to be notified in writing as soon as practicable, including the reasons for the decision and details such as the nature of the variation, suspension or cancellation and when it takes effect.
143. Decisions under this section are subject to review by the Administrative Review Tribunal.
Section 31 – Circumstance in which non-compliance with approved timetable is permitted
144. This section sets out circumstances where a licence holder is not required to seek a timetable variation under section 30. This includes:
- temporary service cancellations;
- timing changes where the service is completed within 48 hours of the approved timetable;
- changes to departure or arrival times that do not change the number of services per week;
- temporary route diversions where passenger or cargo are not uplifted or discharged;
- additional services for routes that do not have capacity restrictions under the relevant bilateral air services arrangements; or
- additional services that do not exceed the capacity allocation from the International Air Services Commission.
145. The Regulations do not affect any laws that apply in relation to a curfew at an Australian aerodrome.
146. The section also clarifies an IAL holder is not required to seek a timetable variation under section 30 if they are engaged in a code sharing service where they are the marketing carrier for a service operated by another airline, and the marketing carrier is not subject to a capacity allocation by the International Air Services Commission.
147. This section is intended to recognise the 24-hour nature of international airline operations, providing some operational flexibility for international airlines while maintaining regulatory oversight and ensuring compliance with Australia’s bilateral air services arrangements.
Part 6 – Offences relating to international flights
Section 32 – Advertising scheduled international air services without licence
148. This section maintains an offence for advertising a scheduled international air service without holding an IAL, if a person does not state the operation of the service is subject to Government approval.
149. The offence under this section is subject to a penalty of 50 penalty units, which is considered appropriate for the nature and severity of the offence. The penalty is also consistent with regulation 35 of the 2016 Regulation.
Section 33 – Advertising non-scheduled flights
150. This section maintains an offence for advertising or publicly announcing that a person is willing to sell seats or make capacity available on a non-scheduled flight, except as specified in subsection 33(2).
151. The penalty is set as 25 penalty units, which is considered appropriate for the nature and severity of the offence. The penalty is also consistent with regulation 36 of the 2016 Regulation.
152. Subsection 33(2) outlines the circumstances where this offence does not apply including where the Secretary has permitted the flight, or has determined permission is not required, or where the advertising or public announcement states the operation to be subject to Government approval.
Section 34 – Operation of air service not in accordance with approved timetable
153. This section maintains an offence for operating a scheduled international air service to or from Australian territory if the service is not operated in accordance with an approved timetable and any relevant conditions.
154. The penalty is set as 50 penalty units which is considered appropriate for the nature and severity of the offence. The penalty is also consistent with regulation 34 of the 2016 Regulation.
155. Subsection 34(2) clarifies the offence does not apply if the service is not operated in accordance with an approved timetable or conditions, in the circumstances set out in section 31 which did not require a timetable variation. This imposes an evidential burden on the defendant to identify which circumstance under section 31 applies. In some instances, these circumstances may be peculiarly within the defendant’s knowledge. In other cases, it would be significantly more difficult and costly for the prosecution to disprove than for the defendant to raise, in accordance with the test under the Attorney-General’s Department’s Guide to Framing Commonwealth Offences, Infringement Notices and Enforcement Powers.
Part 7 - Miscellaneous
Section 35 - Smoking on an aircraft
156. This section continues the implementation of Australia’s commitment to prohibit smoking on passenger-carrying aircraft, including electronic cigarettes.
157. Subsection 35(1) establishes an offence for smoking on an aircraft engaged in international carriage of passengers. The penalty is set as 25 penalty units, which is considered appropriate to the nature and severity of the offence. The penalty is also consistent with regulation 37 of the 2016 Regulation.
158. Subsections 35(2) and 35(3) clarifies what constitutes smoking for the purposes of the provision by setting out that smoking involves the generation of smoke, aerosol or vapour, and by defining e-cigarettes, non-tobacco smoking products and tobacco products. This ensures the offence applies consistently to traditional smoking and electronic smoking devices, reflecting contemporary practices and technologies.
159. Subsections 35(4) and 35(5) place responsibility on aircraft operators to ensure non-smoking notices are clearly displayed on passenger aircraft, with a penalty set as 50 penalty units, which is considered appropriate to the nature of the offence. The subsections require the non-smoking notices to be legible and displayed in a conspicuous place. The penalty is consistent with the 2016 Regulation.
160. Subsection 35(6) provides that failure to display the non-smoking notice in a conspicuous place of the aircraft is not a defence to an offence under subsection 35(1).
Section 36 - Exemption of aircraft and spare parts from seizure on patent claims
161. This section implements Article 27 of the Chicago Convention into Australian law and protects certain aircraft and equipment from claims relating to an infringement of Letters Patent granted in Australian territory.
162. This section remakes regulation 38 of the 2016 Regulation with no change.
Section 37 - Secretary may give directions in relation to the Convention
163. This section provides that the Secretary may give directions in relation to certain aerodromes to ensure compliance with international standards, recommended practices and procedures developed in accordance with the Chicago Convention or the Air Transit Agreement.
164. This section remakes regulation 39 of the 2016 Regulation with no change.
Section 38 - Production documents
165. This section maintains the requirements for the pilot in command of an aircraft or owner of an aircraft to produce a list of names of passengers or bills of lading for cargo on the aircraft, if requested by the Secretary.
166. The scope of information that may be required under this section is limited and does not authorise the collection of broader personal information. While a list of names may, in some circumstances and when combined with flight information, constitute personal information, the provision is confined to what is necessary to meet Australia’s international obligations.
167. This section is made for the purposes of Article 29 of the Chicago Convention and to assist the ICAO Council in acquiring this information should it be required by the ICAO Council as part of its functions and not otherwise covered by other legislative frameworks.
168. Any information collected under section 38 would only be used or disclosed for the purposes for which it is collected in accordance with Australia’s international obligations. The provision does not authorise broader disclosure of the information. Given the limited and specific nature of the information that may be required under section 38, and the existing safeguards applicable to its handling under the Privacy Act 1988, a standalone privacy impact assessment was not considered necessary.
169. This section remakes regulation 41 of the 2016 Regulation, with modernised drafting.
Section 39 – Review of certain decisions
170. This section specifies decisions of the Secretary that are subject to review by the Administrative Review Tribunal, including decisions relating to tariffs, timetables and conditions on approvals.
171. These decisions are those that are substantive in nature and directly affect the rights, actions or interests of persons and airlines. Other decisions made under the Regulations are procedural or mechanical in character, or involve preliminary or administrative steps, and are therefore not considered suitable for merits review.
172. This section remakes regulation 42 of the 2016 Regulation with no change.
Section 40 – Evidence
173. This section enables the Secretary to certify in writing that certain documents are true copies, and to certify whether certain regulatory approvals under the Regulations were in place at a particular time.
174. Subsection 40(3) provides that such certifications are prima facie evidence of the facts stated therein in courts, reviews, investigations and inquiries.
175. Section 40 deals with matters that are or ought to be within the Secretary’s knowledge. Enabling the Secretary to certify these matters allows enquiries to be made more efficient to parties. Although section 40(3) provides that such certifications are prima facie evidence of the evidence stated therein in certain contexts, including court proceedings, it only creates a presumption about those matters.
176. This section remakes regulation 44 of the 2016 Regulation.
Section 41 - Delegation by Secretary
177. This section permits the Secretary to delegate their functions or powers.
178. Subsection 41(1)(a) provides for the Secretary to delegate their functions under subsection 28(1) to an SES employee or acting SES employee in the department.
179. Subsection 41(1)(b) provides the Secretary to delegate any or all of their other functions or powers under the Regulations to an APS employee in the department.
180. Limiting the delegation power for the use of ADM to an SES employee or acting SES employee is considered appropriate to ensure stronger oversight and consistency of use of the ADM provisions.
181. Delegation of all the other functions under the Regulations is necessary and appropriate given the volume, technical nature and operational complexity of regulatory approvals and decisions made under the Regulation, including decisions relating to international airline licences and timetable approvals. These functions require specialised knowledge of Australia’s bilateral air services arrangements, international aviation frameworks and administrative decision-making requirements, and are routinely exercised as part of the department’s ongoing regulatory functions. A report on the administration and operation of the Act and the 2016 Regulation is included in Appendix F: Reports under aviation legislation of the department annual report at www.infrastructure.gov.au/about-us/corporate-reporting/annual-reports.
182. Allowing delegation supports the efficient and timely administration of the regulatory framework and ensures decisions can be made by appropriately skilled officers, while maintaining accountability through established APS governance arrangements.
183. Delegations of all other functions or powers under this proposed section would be limited to APS employees within the department. In practice, delegations would frequently be made to positions in the Department, officers occupying those positions would be expected to have the appropriate qualifications, skills, experience and subject-matter expertise relevant to the functions being exercised. This includes knowledge of Australia’s international aviation obligations, bilateral air services arrangements and administrative requirements. Delegations would be made in accordance with the Secretary’s internal governance frameworks and delegation instruments.
184. Subsection 41(2) provides that a delegate must comply with any written directions of the Secretary when performing delegated functions or exercising delegated powers. This ensures that the Secretary retains appropriate oversight and control of decision making under the Regulations.
185. This section remakes regulation 46 of the 2016 Regulation.
Part 8 – Transitional provisions
Division 1 – Transitional provisions on commencement
Section 42 – Definitions for Division
186. This part provides for transitional arrangements to repeal the 2016 Regulation and establish the Regulations. These transitional provisions minimise the impact upon industry by allowing existing decisions and approvals to continue to have effect.
187. This section defines the term old regulation to mean the Air Navigation Regulation 2016.
Section 43 – International airline licences
188. This section provides for an existing IAL and any conditions granted under the 2016 Regulation to continue to have effect.
189. This section remakes regulation 47 of the 2016 Regulation, minimising the impact upon industry by allowing existing IALs to continue to have effect.
Section 44 – Approved timetables
190. This section provides for timetable approvals and any conditions granted under the 2016 Regulation to continue to have effect. Nothing in this section is intended to require a licence holder under the 2016 Regulation to reapply for timetable approval.
191. This section remakes regulation 49 of the 2016 Regulation, minimising regulatory impact by allowing existing timetable approvals to continue in effect.
Section 45 - References to provisions of the old Regulation
192. This section clarifies that a reference to the 2016 Regulation given to a person by the Secretary or the department before 1 April 2026 may be taken to be a reference to the corresponding provisions of the Regulations.
193. This section remakes regulation 50 of the 2016 Regulation and avoids the need to amend existing documents, approvals or instruments that refer to provisions of the 2016 Regulation, such as IALs.
Details of the Air Navigation Legislation (Repeal and Consequential Amendments) Regulations 2026
Section 1 - Name
195. This section provides that the title of the Regulations is the Air Navigation Legislation (Repeal and Consequential Amendments) Regulations 2026.
Section 2 - Commencement
196. This section provides that the Repeal and Consequential Amendments Regulations commence on 1 April 2026.
197. This commencement date aligns with the commencement of the Air Navigation Regulations 2026 and the sunsetting of the Air Navigation Regulations 2016 under the Legislation Act 2003.
Section 3 - Authority
198. This section provides that the Repeal and Consequential Amendments Regulations are made under the Air Navigation Act 1920, the Aviation Transport Security Act 2004, the Civil Aviation Act 1988 and the Migration Act 1958.
Section 4 – Schedules
199. This section provides that each instrument specified in a Schedule to the Repeal and Consequential Amendments Regulations is amended or repealed as set out in the applicable items in the Schedule concerned, and that any other item in a Schedule has effect according to its terms.
Schedule 1 – Repeals
200. Item 1 of Schedule 1 repeals the whole of the Air Navigation Regulations 2016 (2016 Regulation).
201. The repeal is necessary as the 2016 Regulation are due to sunset on 1 April 2026 and are being replaced by the Air Navigation Regulations 2026 (2026 Regulations). The repeal does not affect the ongoing operation of licences, approvals or decisions that continue in force under the transitional provisions contained in the Regulations.
Schedule 2 – Amendments
202. This Schedule makes consequential amendments to other instruments to reflect the remaking of the Air Navigation Regulations 2026.
Air Navigation (Aircraft Engine Emissions) Regulations 1995
Item 1 - Section 2 (definitions of Commonwealth aircraft and foreign aircraft)
203. Item 1 of Schedule 2 repeals the definition of ‘Commonwealth aircraft’ and ‘foreign aircraft’ which refer to the 2016 Regulation. The definitions were omitted from the 2026 Regulations as they were unnecessary.
Item 2 - Subsection 3(2)
204. Item 2 of Schedule 2 omits ‘a foreign aircraft’ and substitutes the updated references used in the 2026 Regulations.
Air Navigation (Aircraft Noise) Regulations 2018
3 - Subsection 4(1) (definition of Commonwealth aircraft)
205. Item 3 of Schedule 2 repeals the definition of ‘Commonwealth aircraft’. The definition was omitted from the 2026 Regulations as it was no longer required.
4 - Paragraph 5(1)(f)
206. Item 4 of Schedule 2 omits “place,” and substitutes it with “place.” to reflect the removal of the definition of ‘Commonwealth aircraft.
5 - Paragraph 5(1)(g)
207. Item 5 of Schedule 2 repeals the reference to a ‘Commonwealth aircraft’ following the removal of the definition in the 2026 Regulations.
Aviation Transport Security Regulations 2005
Item 6 - Regulation 1.03 (definition of ANR)
208. Item 6 of Schedule 2 repeals the definition of ‘ANR’ which refers to the Air Navigation Regulations 1947. These Regulations were replaced by the 2016 Regulation and there is no reference to ‘ANR’ used in the current Aviation Transport Security Regulations 2005.
Civil Aviation Safety Regulations 1998
Item 7 - Subregulation 91.530(1) (note)
209. Item 7 of Schedule 2 amends the note in subregulation 91.530(1) of the Civil Aviation Safety Regulations 1998 to omit a reference to the Air Navigation Regulations 2016 in the identified note and substitute a new reference to the Air Navigation Regulations 2026. This amendment ensures that cross-references remain accurate and that the relevant legislative framework continues to operate as intended following the commencement of the Air Navigation Regulations 2026.
Migration Regulations 1994
Item 8 - Regulation 3.13 (paragraph (c) of the definition of international passenger charter air service)
210. Item 8 of Schedule 2 amends the definition of international passenger charter air services in regulation 3.13 paragraph (c) of the Migration Regulations 1994 to omit the reference to the Air Navigation Regulations 1947 and substitute a new reference to the 2026 Regulations. This amendment ensures that the cross reference to the International Airline Licence remains up to date and accurate following the commencement of the 2026 Regulations.
Item 9 - Regulation 3.13 (subparagraph (c)(i) of the definition of regular international passenger air service)
211. Item 9 of Schedule 2 amends the definition of international passenger air services in regulation 3.13 subparagraph (c)(i) of the Migration Regulations 1994 to omit the reference to the Air Navigation Regulations 1947 and substitute a new reference to the 2026 Regulations. This amendment ensures that the cross reference to the International Airline Licence remains up to date and accurate following the commencement of the 2026 Regulations.
Attachment B
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
Air Navigation Regulations 2026
Air Navigation Legislation (Repeal and Consequential Amendments) Regulations 2026
213. These Legislative Instruments are compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
Overview
214. The Air Navigation Regulations 2026 (the Regulations) create the framework for ensuring compliance with Australia’s bilateral air services arrangements, that are made consistent with the Chicago Convention. This is achieved through a system of International Airline Licences (IALs), data collection and approvals for timetables for international air services. A range of other issues relating to the Chicago Convention are also implemented by the Regulations.
215. The Regulations make minor administrative and operational updates to the existing provisions to improve regulatory clarity, efficiency and consistency of IAL’s and timetable approvals. Key changes include:
- updating timeframes and administrative processes to improve regulatory efficiency and providing certainty for industry and government stakeholders;
- expanding and streamlining the circumstances in which an IAL holder is not required to seek a variation of their international timetable, providing some operational flexibility for international airline operations;
- removing redundant provisions while retaining appropriate compliance and enforcement mechanisms consistent with existing regulatory practice; and
- allowing in the future, for international air services timetables to be submitted through a portal or electronic timetable approval system and for routine administrative actions to be made by a computer program (this is consistent with arrangements being adopted in other countries which are moving to electronic filing processes).
216. The Air Navigation Legislation (Repeal and Consequential Amendments) Regulations 2026 (the Repeal and Consequential Amendments Regulations) set out the necessary repeals and consequential amendments associated with remaking the proposed Regulations.
217. The Air Navigation Regulations 2026 replace the Air Navigation Regulations 2016 (the 2016 Regulation), which sunset on 1 April 2026.
Human rights implications
This Legislative Instrument does not engage any of the applicable rights or freedoms.
Conclusion
218. This Legislative Instrument is compatible with human rights as it does not raise any human rights issues.
The Hon Catherine King MP
Minister for Infrastructure, Transport, Regional Development and Local Government