Air Navigation Regulations (Amendment)

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Statutory Rules

1976 No. 67

REGULATIONS UNDER THE AIR NAVIGATION ACT 1920-1974.*

1, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Executive Council, hereby make the following Regulations under the Air Navigation Act 1920-1974.

Dated this twelfth day of February, 1976.

John R. Kerr

Governor-General.

By His Excellency’s Command,

Minister of State for Transport.

–––––––

Amendments of the Air Navigation Regulations†

Commencement and application.

1. (1) Except as provided by sub-regulation (2), these Regulations shall come into operation on 1 April 1976.

(2) Notwithstanding sub-regulation (1), the holder of a licence to operate art international air service may, before 1 April 1976, submit a tariff of charges for travel by persons or carriage of cargo as provided by regulation 106a of the Air Navigation Regulations as amended by these Regulations and the Secretary to the Department of Transport may, before that date, exercise his powers under that regulation as so amended in respect of that tariff of charges, but any such exercise shall not have effect until that date.

Tariffs of charges.

2. Regulation 106a of the Air Navigation Regulations is amended—

(a) by omitting from sub-regulation (1) all words from and including the words “ the carriage of persons ” (first occurring) and substituting the words “ travel by persons and carriage of cargo (including travel and carriage part of which is to be undertaken by surface transportation or by any other air or surface carrier) that comprises, or any part of which includes, transportation on that service ”;

(b) by inserting after sub-regulation (1) the following sub-regulations:—

“ (1a) A tariff of charges submitted for approval under sub-regulation (1) shall, in relation to each charge, contain particulars of—

(a) the amount of the charge that relates to—

(i) each part of the travel or carriage that is to be undertaken by air transportation;

* Notified in the Australian Government Gazette on 17 February 1976.

† Statutory Rules 1947, No. 112, as amended to date. For previous amendments of the Air Navigation Regulations, see footnote † to Statutory Rules 1975, No. 32, and see also Statutory Rules 1975, No. 32.

16426/75—Recommended retail price 10c 10/3.2.1976

(ii) each part of the travel or carriage that is to be undertaken by surface transportation: and

(iii) the provision of accommodation at any stopping place;

(b) each of the other rights, privileges and services included in the travel or carriage to which the charge relates;

(c) the rate of any commission, rebate or discount payable or allowable by the holder in respect of the travel or carriage to which the charge relates and the circumstances in which any such commission, rebate or discount is so payable or allowable;

(d) any other benefits payable or allowable, or to be given, by the holder in relation to the travel or carriage and the circumstances in which such benefits are so payable or allowable or are to be so given; and

(e) the conditions subject to and in accordance with which the charge is to apply.

“ (1b) A tariff of charges submitted for approval under sub-regulation (1) shall be in a form approved by the Secretary.”;

(c) by inserting in paragraph (c) of sub-regulation (2) after the words “ any such tariff ” the words “, or reject any such tariff ”;

(d) by omitting from paragraph (c) of sub-regulation (2.) the words “ for the service provided ”;

“ (3) The powers of the Secretary under sub-regulation (2) in relation to a tariff of charges apply in relation to particulars of each of the kinds referred to in sub-regulation (1a).”;

(f) by inserting in sub-regulation (4) after the word “ charges ” the words “ or a particular of a kind referred to in sub-regulation (1a) ”;

(g) by omitting from sub-regulation (5) the word “ tariff ” and substituting the words “ tariff of charges, or particular of a kind referred to in sub-regulation (1a), as the case may be,”;

(h) by omitting from sub-regulation (5) the words “ for the service provided ”; and

(i) by omitting sub-regulation (6) and substituting the following sub-regulations:—

“ (6) In the exercise of his powers under this regulation, the Secretary shall have regard to—

(a) the public interest;

(b) the need for public air transport services between Australia and other countries to operate on a satisfactory economic basis; and

(c) any resolution or decision of the International Civil Aviation Organisation or of the International Air Transport Association that has been approved by the Minister and is relevant to the matter.

“ (7) A holder of a licence or any other person who arranges any travel by persons or carriage of cargo in respect of which a charge is included in a tariff of charges approved, or directed to be adopted, under this regulation shall charge and demand in respect of that travel or carriage an amount not less than the amount of that charge.

“ (8) A holder of a licence or any other person, who is required under sub-regulation (7) to charge and demand an amount in respect of any travel by persons or carriage of cargo shall not fail to take or refrain from taking reasonable measures to collect that amount.

“ (9) A holder of a licence or any other person who arranges any travel by persons or carriage of cargo (being travel or carriage in respect of which a charge is included in a tariff of charges approved, or directed to be adopted, under this regulation) shall not advertise that he will charge in respect of that travel or carriage an amount that is less than the amount of that charge.

“ (10) A holder of a licence or any other person shall not advertise that he will arrange any travel by persons or carriage of cargo (being travel or carriage of the kind referred to in sub-regulation (1)) unless, in respect of that travel or carriage, a charge is included in a tariff of charges approved, or directed to be adopted, under this regulation.

“ (11) A holder of a licence or any other person shall not, in respect of any travel by persons or carriage of cargo (being travel or carnage in respect of which a charge is included in a tariff of charges approved, or directed to be adopted, under this regulation) cause the travel or carriage to be undertaken otherwise than subject to and in accordance with the conditions (being conditions of a kind referred to in paragraph (1a) (c)) approved, or directed to be adopted, under this regulation in relation to that charge.

“ (12) A holder of a licence or any other person shall not, in respect of any travel by persons or carriage of cargo (being travel or carriage in respect of which a charge is included in a tariff of charges approved, or directed to be adopted, under this regulation) give or allow or cause to be given or allowed in respect of that travel or carriage rights, privileges and services (being rights, privileges and services of the kinds referred to in paragraph (1a) (b)) other than such rights, privileges and services as are approved, or directed to be adopted, under this regulation in relation to that charge.

“ (13) A holder of a licence shall not, in respect of any travel by persons or carriage of cargo (being travel or carriage in respect of which a charge is included in a tariff of charges approved, or directed to be adopted, under this regulation)—

(a) pay or allow commission, rebate or discount at a rate that exceeds the rate approved, or directed to be adopted, under this regulation as the rate of commission, rebate or discount payable or allowable in respect of that travel or carriage; or

(b) pay, allow or give benefits of the kind referred to in paragraph (1a) (d) in respect of that travel or carriage other than benefits particulars of which, in respect of that travel or carriage, are approved, or directed to be adopted, under this regulation in relation to that charge.

“ (14) A holder of a licence or any other person who charges, demands, collects or receives, or advertises that he will charge, any amount for any travel by persons or carriage of cargo (being travel or carriage in respect of which a charge is included in a tariff of charges approved, or directed to be adopted, under this regulation)

shall keep and preserve or cause to be kept and preserved at premises in Australia at which the holder or person carries on business, proper books and accounting records, and any other documents or papers, relating to—

(a) amounts received by the holder or person as principal or agent in respect of any such travel or carriage;

(b) tickets, vouchers, letters, receipts and other documents issued or given by or on behalf of the holder or person in respect of any such travel or carriage;

(c) amounts paid or allowed or payable or allowable to or by the holder or person as principal or agent by way of commission, rebate or discount in respect of any such travel or carriage; and

(d) other benefits paid, allowed or given or payable or allowable, or to be given, to or by the holder or person as principal or agent in respect of any such travel or carriage.

“ (15) For the purposes of this regulation, the Secretary or a person authorized by the Secretary for the purposes of this sub-regulation, may—

(a) at all reasonable times enter into premises referred to in sub-regulation (14);

(b) inspect all books, accounting records, documents and papers (being books, accounting records, documents and papers of the kinds referred to in sub-regulation (14)) kept at those premises;

(c) require the production of a statement written in the English language containing all particulars in those books, accounting records, documents and papers relating to any matter specified in a notice in writing given by the Secretary or the authorized person to the person apparently in charge of the premises; and

(d) take copies of, or extracts from, any of those books, accounting records, documents and papers.

“ (16) A person authorized by the Secretary for the purposes of sub-regulation (15) who enters upon premises in pursuance of that sub-regulation is not authorized to remain on the premises if, on request by the person apparently in charge of the premises, he does not produce a certificate in writing under the hand of the Secretary certifying that he is a person authorized to exercise the powers under that sub-regulation.

“ (17) A person shall not, without reasonable excuse—

(a) obstruct, hinder, threaten or intimidate the Secretary, or a person authorized by the Secretary for the purposes of sub-regulation (15), in the exercise of his powers under that sub-regulation;

(b) refuse or fail within a reasonable time to comply with a requirement by the Secretary, or a person so authorized, given to him under paragraph (15) (c); or

(c) furnish to the Secretary, or a person so authorized, in relation to a matter specified in a notice given under paragraph (15) (c), information that is false or misleading in a material particular.

“ (18) An offence against this regulation may be prosecuted either summarily or upon indictment.

“ (19) The penalty for an offence against this regulation is—

(a) if the offence is prosecuted summarily—a fine not exceeding $1,000 or imprisonment for a term not exceeding 6 months, or both; or

(b) if the offence is prosecuted upon indictment—a fine not exceeding $1,000 or imprisonment for a term not exceeding 2 years, or both.

“ (20) In this regulation—

‘ cargo ’ includes mail;

‘ condition ’ includes a condition relating to—

(a) time and duration of travel;

(b) type and kind of conveyance;

(d) standard and kind of accommodation;

(f) flight changes by passengers or cargo; or

(g) individual or group travel;

‘ licence ’ means a permission granted under section 14 of the Act, an approval granted under section 15 of the Act or a licence granted under Division 1 of Part XIII of these Regulations;

‘ travel ’ means travel, whether by continuous transportation or otherwise, and includes the provision of accommodation and other rights, privileges and services associated with travel.”.

Repeal of regulation 106b.

3. Regulation 106b of the Air Navigation Regulations is repealed.

Printed by Authority by the Government Printer of Australia

Overview

The Air Navigation Act 1920-1974 was enacted to provide for the regulation of air navigation in Australia and to establish a framework for the safe and efficient operation of aircraft within Australian airspace. The problem this Act was introduced to address was the need for comprehensive regulation of air navigation to ensure safety, efficiency, and orderly growth of air transport services within the nation. Enacted by the Australian Parliament, the policy objective of this Act was to facilitate the development of air transport services while maintaining the highest safety standards and protecting the public interest. The Act, as amended, provides the legal foundation for the creation and enforcement of air navigation regulations, including those related to the operation of aircraft, the licensing of pilots and aircraft, and the establishment of air traffic control systems.

Scope and Application

The Statutory Rules 1976 No. 67, which are Regulations under the Air Navigation Act 1920-1974, apply to persons and entities holding a licence to operate international air services within Australia, thereby regulating the tariffs and charges associated with the travel by persons and carriage of cargo, including elements of surface transportation or other carriers. These Regulations have a national reach, governing activities across Australia. They include provisions for the submission, approval, and enforcement of tariffs, with specific stipulations on the details that must be included in such tariffs, and the responsibilities of licence holders in adhering to these tariffs and maintaining appropriate records. The Secretary to the Department of Transport is empowered to approve or reject tariffs, and to inspect records to ensure compliance. While the Regulations primarily focus on tariff-related matters, they do not explicitly exclude any categories of persons or entities, though their applicability is inherently tied to those involved in international air transport services. The Regulations are subject to amendments and extensions through subordinate instruments, which may further define or refine their application.

Key Provisions

These Regulations under the Air Navigation Act 1920-1974, dated February 12, 1976, primarily amend Regulation 106a to alter the scope and requirements for tariffs of charges concerning travel by persons and carriage of cargo. Regulation 106a now encompasses travel or carriage that includes surface transportation or any other air or surface carrier, and requires that tariffs of charges submitted for approval detail the amount of the charge for each part of the travel or carriage, the rights, privileges, and services included, the rate of any commission, rebate, or discount, other benefits, and the conditions under which the charges apply (Regulation 106a(1a) and (1b)). The Secretary must approve the form of the tariff and may approve or reject it, exercising powers with regard to the public interest, the need for economic operation of air transport services, and relevant resolutions or decisions of international organisations (Regulation 106a(2) and (6)). The obligations imposed by these Regulations require licence holders and others involved in arranging travel or carriage to adhere to the approved tariffs, ensuring they charge and demand the correct amounts, collect these amounts, and not advertise lesser charges (Regulation 106a(7) to (10)). They must also comply with the conditions and services specified in the approved tariffs, refrain from offering unauthorised commissions, rebates, discounts, or benefits, and maintain proper accounting records (Regulation 106a(11) to (14)). The Secretary and authorised persons are granted powers to enter premises, inspect books and records, require statements, and take copies, subject to reasonable excuses and the production of authorisation certificates (Regulation 106a(15) to (17)). Any breach of these Regulations constitutes an offence, which may be prosecuted summarily or upon indictment. The penalties for summary offences include a fine not exceeding $1,000, imprisonment for up to 6 months, or both. For indictment offences, the penalties include a fine not exceeding $1,000, imprisonment for up to 2 years, or both (Regulation 106a(18) and (19)). Additionally, any person obstructing, hindering, or providing false information to authorised persons in the exercise of their powers may also face prosecution (Regulation 106a(17)).

Area of Law: Commercial Law; Aviation Law
Instrument: Regulation
Concepts: Definitions & Interpretation; Licensing & Registration; Reporting & Disclosure Obligations; Enforcement Powers

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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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