Australian National Airlines Act 1947

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AUSTRALIAN NATIONAL AIRLINES.

No. 90 of 1947.

An Act to amend the Australian National Airlines Act 1945.

[Assented to 11th December, 1947.]

BE it enacted by the King’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—

Short title and citation.

1.—(1.) This Act may be cited as the Australian National Airlines Act 1947.

(2.) The Australian National Airlines Act 1945 is in this Act referred to as the Principal Act.

(3.) The Principal Act, as amended by this Act, may be cited as the Australian National Airlines Act 1945–1947.

Commencement.

2. This Act shall come into operation on the day on which it receives the Royal Assent.

Definitions.

3. Section four of the Principal Act is amended—

(a) by omitting the definition of “adequate airline service” and inserting in its stead the following definition:—

“‘adequate airline service’, in relation to any stopping places at least one of which is within a Territory of the Commonwealth, means a service in respect of which there is in force a declaration made by the Minister and published in the Gazette that the service is adequate to meet the needs of the public for transport by air between those stopping places;”; and

(b) by omitting from the definition of “Territorial airline service” the words “(not being an interstate airline service)”.

General functions and duties of Commission.

4. Section nineteen of the Principal Act is amended—

(a) by adding at the end of sub-section (1.) the words “,or for the transport of mails by air between any places in Australia in pursuance of an agreement entered into under section twenty-two of this Act”;

(b) by omitting the figure “(2.)” (second occurring) and inserting in its stead the figure “(3.)”.

5. After section nineteen of the Principal Act the following section is inserted:—

Intra-state services in pursuance of powers referred by State Parliaments.

“19a.—(1.) Where the Parliament of any State has, prior to the commencement of this section, by any State Act, referred to the Parliament of the Commonwealth the matter of air transport, or the matter of the regulation of air transport, the Commission may, subject to this section, during the period of operation of that State Act, or during any extension of that period—

(a) establish airline services for the transport for reward of passengers and goods within that State; and

(b) maintain and operate airline services for any such transport,

and shall have, in relation to any such service, the like powers as it has in relation to airline services specified in sub-section (1.) of the last preceding section.

“(2.) The Commission shall not—

(a) establish any service which it could not lawfully establish but for this section unless the Premier of the State in which the service is to be established has notified the Prime Minister in writing that he consents to the establishment and operation of the service; or

(b) continue the operation of any service in respect of which consent has been given under the last preceding paragraph after the Premier has notified the Prime Minister in writing that he withdraws his consent to the operation of that service.

“(3.) The Commission shall, in respect of any service operated by it in pursuance of consent under the last preceding sub-section by the Premier of a State, pay to the State from time to time amounts equivalent to the licence fees (if any) which would be payable under the law of the State if the service were operated by a person other than the Commission.”.

Airline licences to be Inoperative in certain circumstances.

6. Section forty-six of the Principal Act is amended—

(a) by omitting sub-section (1.);

(b) by omitting from sub-section (2.) the words “not being places in a State” and inserting in their stead the words “at least one of which is within a Territory of the Commonwealth”; and

Limitation with respect to issue of airline licences.

7. Section forty-seven of the Principal Act is amended—

(a) by omitting paragraph (a);

(b) by omitting from paragraph (b) the words “not being places in a State” and inserting in their stead the words “at least one of which is within a Territory of the Commonwealth”; and

Notice by Commission of proposal to establish airline service.

8. Section forty-eight of the Principal Act is amended by inserting after the words “airline service” the words “,and any other person holds an airline licence in respect of a service which provides transport by air between any of the scheduled stopping places of the service, at least one of which is within a Territory of the Commonwealth,”.

Limitation on power to contract.

9. Section forty-nine of the Principal Act is amended by omitting the words “interstate airline service or”.

Claims for compensation.

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

“(1a.) An agreement under the last preceding sub-section shall be subject to the approval of the Minister.”.

Limitation of compensation.

11. Section fifty-six of the Principal Act is amended by inserting before the words “the Minister” the words “the Commission,”.

Overview

The Australian National Airlines Act 1947 was enacted to amend the Australian National Airlines Act 1945, addressing the need for more comprehensive regulation and operational capabilities for the Australian National Airlines Commission. The Act was introduced to ensure that the airline services could better meet public needs, particularly in relation to territorial airline services and the transport of mails by air. Enacted by the Commonwealth Parliament, the Act outlines specific amendments to the original legislation to refine the Commission's functions, enhance service definitions, and introduce limitations and controls over airline licences and operations. The policy objective is to ensure that the Australian National Airlines Commission can effectively operate and regulate airline services within Australia, including intra-state services, while maintaining oversight and cooperation with state governments.

Scope and Application

The Australian National Airlines Act 1947 amends the Australian National Airlines Act 1945, which is referred to as the Principal Act in the amending Act. The 1947 Act applies to the Australian National Airlines Commission, which is responsible for establishing and maintaining airline services within Australia, particularly focusing on adequate airline services that include stopping places within Commonwealth territories. The legislation also pertains to interstate airline services, with specific attention to the transport of mail by air under agreements outlined in section 22 of the Act. The amendments extend to the Commission's ability to establish and operate intra-state services when a state parliament refers the matter of air transport to the Commonwealth, subject to the consent of the relevant state's Premier. The Act specifies that airline licences become inoperative and are not to be renewed if they pertain to services with stopping places within Commonwealth territories. It also limits the issue of airline licences for services that include stopping places in Commonwealth territories and mandates the Commission to notify other licence holders of proposed services. The Act restricts the Commission's contracting power and subjects any compensation agreements to the Minister's approval. Additionally, it imposes limitations on compensation, with the Commission being responsible for these limitations. The application of the Act is primarily within the Commonwealth, with specific jurisdictional reach over airline services that include stopping places within Commonwealth territories.

Key Provisions

The Australian National Airlines Act 1947 amends the Australian National Airlines Act 1945 (Principal Act) in several key ways. Firstly, it modifies the definition of "adequate airline service" (section 3(a)), specifying that such a service must be declared by the Minister as adequate to meet public transport needs when it involves stopping places within the Commonwealth territories. It also removes the limitation that "Territorial airline service" must not be an interstate service (section 3(b)). Additionally, it extends the functions and duties of the Commission to include the transport of mails by air within Australia under agreements made under section 22 of the Act (section 4(a)). Furthermore, section 19a allows the Commission to establish and operate airline services within a state if the state parliament has referred air transport matters to the Commonwealth, subject to the consent of the state's Premier and the payment of applicable licence fees to the state (section 19a). The Act imposes obligations on the Commission to seek consent from the Premier of a state before establishing or continuing airline services within that state (section 19a(2)(a) and (b)). Additionally, it mandates that the Commission pay licence fees to the state equivalent to what would be payable under state law if the service were operated by a non-Commission entity (section 19a(3)). The Act also requires the Commission to notify other airline licence holders if it proposes to establish a service that overlaps with their scheduled stopping places (section 8). Furthermore, it limits the Commission's power to contract in certain circumstances (section 9) and subjects compensation agreements to the Minister's approval (section 10(1a)). Breaching the obligations set out in the Act may result in various consequences. For example, establishing or continuing airline services without the required consent from the Premier of a state may render those services unlawful (section 19a(2)). Failure to pay the applicable licence fees to the state could also result in legal disputes or penalties as determined by state law. Non-compliance with the notification requirements for overlapping services (section 8) may lead to disputes or regulatory action. Additionally, any agreements for compensation must receive approval from the Minister, and failure to secure such approval could invalidate the agreement (section 10(1a)). While the Act does not specify maximum penalties for breaches, any violations could result in civil or criminal consequences as determined under relevant laws.

Area of Law: Commercial Law; Transport Law
Instrument: Amending Act
Concepts: Definitions & Interpretation; Licensing & Registration; Offence Provisions

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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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