Australian National Airlines Act 1952

Administered by Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts

Legislation au C1952A00102 In force Act

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AUSTRALIAN NATIONAL AIRLINES.

 

No. 102 of 1952.

An Act to amend the Australian National Airlines Act 1945–1947.

[Assented to 18th November, 1952.]

[Date of commencement, 16th December, 1952.]

BE it enacted by the Queen’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 1952.

(2.) The Australian National Airlines Act 1945–1947 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 1945–1952.

Vacation of Office.

2. Section fourteen of the Principal Act is amended—

(a) by omitting from paragraph (f) of sub-section (1.) the words “ , otherwise than as a member, and in common with the other members, of an incorporated company consisting of more than twenty-five persons”; and

(b) by omitting sub-section (2.) and inserting in its stead the following sub-section:—

“(2.) A Commissioner shall not be deemed—

(a) to become concerned or interested in a contract or agreement specified in paragraph (f) of the last preceding sub-section; or

(b) to participate, or to claim to participate, in the profit of, or in any benefit or emolument arising from, such a contract or agreement,

by reason only—

(c) of his being a director of, and in receipt of director’s fees as such from, a company consisting of more than twenty-five persons which has entered into a contract or agreement with the Commission, if, at a meeting of the Commission held prior to the entering into of the contract or agreement, the Commissioner has declared the nature of his interest in that company;


(d) of his being a member of a company consisting of more than twenty-five persons which has entered into a contract or agreement with the Commission; or

(e) of his entering into, or obtaining a benefit arising from, a contract or agreement between the Commission and himself for the transport by the Commission of himself or another person or of any goods.”.

Appointment of officers.

3.—(1.) Section seventeen of the Principal Act is amended by omitting sub-section (9.).

(2.) This section shall be deemed to have come into operation on the seventeenth day of April, One thousand nine hundred and forty-six.

4.—(1.) After section eighteen of the Principal Act the following section is inserted in Division 1 of Part II.:—

Preservation of rights.

“18a. Where a person appointed in pursuance of either of the last two preceding sections was immediately before his appointment, an officer of the Public Service of the Commonwealth, his service or employment, or both, under this Act, shall, for the purpose of determining his existing and accruing rights, be taken into account as if it were service in the Public Service of the Commonwealth and the Officers’ Rights Declaration Act 1928–1940 applies as if this Act and the last two preceding sections had been specified in the Schedule to that Act.”.

(2.) This section shall be deemed to have come into operation on the seventeenth day of April, One thousand nine hundred and forty-six.

5. Section twenty of the Principal Act is repealed and the following section inserted in its stead.:—

Fares and charges.

“20. The Commission may, in the conduct of an air service, transport all such passengers and goods as are offered for that purpose and may demand such fares and charges, and impose such conditions, in respect of that transport, as it determines.”.

6. Sections thirty and thirty-one of the Principal Act are repealed and the following sections inserted in their stead:—

Capital of the Commission.

“30.—(1.) The Treasurer may make available to the Commission, out of moneys appropriated by the Parliament for the purpose, such amounts as are, in the opinion of the Minister, required by the Commission and the Commission may accept more amounts.

“(2.) The capital of the Commission consists of the amounts advanced by the Treasurer to the Commission before the commencement of this section and of the amounts made available by the Treasurer to the Commission under the last preceding sub-section.


“(3.) Interest is not payable to the Commonwealth on the capital of the Commission but the Commission shall pay to the Commonwealth, out of the profits of the Commission for a financial year, such amount as the Treasurer determines.

“(4.) The capital of the Commission is repayable to the Commonwealth at such times and in such amounts as the Treasurer determines.

“(5.) Before making a determination under either of the last two preceding sub-sections, the Treasurer shall consult the Minister and shall have regard to any advice which the Commission has furnished to the Treasurer in relation to the financial affairs of the Commission.

Borrowings by the Commission.

“31.—(1.) The Commission may borrow money for temporary purposes on overdraft from the Commonwealth Bank of Australia, or from such other bank as the Treasurer approves, but the aggregate of the amounts borrowed by the Commission under this sub-section and not re-paid shall not exceed One million pounds.

“(2.) The repayment of amounts borrowed under the last preceding sub-section, and the payment of interest on amounts so borrowed, may be secured against the whole or any part of the assets of the Commission.”.

Liability of the Commission to pay rates, taxes and charges.

7.—(1.) Section thirty-seven of the Principal Act is amended—

(a) by omitting the words “(other than income tax)”; and

(b) by adding at the end thereof the following sub-sections:—

“(2.) The Commission is not a public authority for the purposes of paragraph (d) of section twenty-three of the Income Tax and Social Services Contribution Assessment Act 1936–1952.

“(3.) The Commission is not a public transport authority for the purposes of item 77 in the First Schedule to the Sales Tax (Exemptions and Classifications) Act 1935–1952.”.

(2.) Sub-section (2.) of section thirty-seven of the Principal Act, as added by this section, shall be deemed to have come into operation on the first day of July, One thousand nine hundred and fifty-two.

8. Sections thirty-eight and thirty-nine of the Principal Act are repealed and the following section is inserted in their stead:—

Profits of the Commission.

“38.—(1.) For the purposes of this Act, the profits of the Commission for a financial year are the amount (if any) remaining after deducting from the revenue received or receivable in respect of that financial year the expenditure incurred in respect of that financial year.


“(2.) For the purposes of the last preceding sub-section, the expenditure of the Commission includes—

(a) charges and expenses accrued but not paid;

(b) provision for obsolescence and depreciation of assets;

(c) provision for insurance;

(d) provision for staff superannuation; and

(e) provision for income tax and social services contribution.

“(3.) The profits of the Commission for a financial year shall be applied in the first place in payment of such sums as the Treasurer determines under sub-section (3.) of section thirty of this Act; the balance (if any) shall be applied in such manner as the Minister, with the concurrence of the Treasurer, determines.

“(4.) Before a determination is made under the last preceding sub-section, the Minister and the Treasurer shall have regard to any advice which the Commission has furnished to them in relation to the financial affairs of the Commission.”.

 

Overview

The Australian National Airlines Act 1952 amends the Australian National Airlines Act 1945–1947 to address various aspects of the administration and operations of the Australian National Airlines Commission. Enacted by the Commonwealth Parliament, the Act aims to update the legislative framework governing the airline, ensuring it operates effectively and efficiently. This includes modifying provisions regarding the disqualification of commissioners, the appointment of officers, the calculation of fares and charges, and the management of the airline's capital, borrowings, and profits. The policy objective is to provide clearer guidelines and financial management practices, enhancing the governance and operational efficiency of the Australian National Airlines Commission.

Scope and Application

The Australian National Airlines Act 1952 applies to the Australian National Airlines Commission, which is tasked with the operation of air services. This Act amends the Australian National Airlines Act 1945–1947, modifying provisions relating to the appointment of officers, vacation of office, and the financial operations of the Commission. The Act applies to the Commonwealth of Australia, as it is a federal statute, and pertains to the operations and financial management of the Australian National Airlines Commission. It excludes the Commission from being classified as a public authority or public transport authority for certain tax purposes, specifically income tax and sales tax exemptions. The Act also introduces amendments regarding the capital of the Commission, including provisions for the Treasurer to make available funds to the Commission and the repayment of these funds, as well as the borrowing capacity of the Commission. The provisions of the Act extend to the application of the Officers’ Rights Declaration Act 1928–1940 to officers appointed under the Act, ensuring continuity in their service rights and benefits.

Key Provisions

The Australian National Airlines Act 1952 (the Act) amends the Australian National Airlines Act 1945–1947 (the Principal Act). It introduces several key changes and provisions. Section 2 modifies the circumstances under which a Commissioner may be deemed to have an interest in a contract with the Commission. Specifically, it removes the disqualification for being a director or member of a company with more than twenty-five persons if the Commissioner declares their interest in a meeting prior to the contract's execution (Section 2(2)(c) and (d)). Additionally, Section 2(2)(e) prevents a Commissioner from being deemed to have an interest simply by entering into a contract with the Commission for personal or goods transport. Section 3 removes subsection (9) from Section 17 of the Principal Act, while Section 4 inserts a new Section 18a to preserve the rights of certain officers transitioning from the Commonwealth Public Service to the Commission. Section 5 revises Section 20 to allow the Commission to determine fares, charges, and conditions for transporting passengers and goods. Section 6 replaces Sections 30 and 31, detailing the Commission's capital structure, including the Treasurer's role in providing funds, interest payments, and repayment terms. It also limits the Commission's borrowing to £1 million for temporary purposes, secured against its assets (Section 31(2)). Section 7 amends Section 37 to exclude the Commission from being a public authority for certain tax purposes and a public transport authority for sales tax exemptions. Finally, Section 8 replaces Sections 38 and 39, defining the Commission's profits and stipulating how they are to be applied, with the Treasurer determining certain payments and the Minister and Treasurer deciding the disposition of the balance. The Act imposes several obligations on the parties it governs. For instance, Commissioners must declare any potential conflicts of interest in meetings before entering into contracts (Section 2(2)(c) and (d)). The Commission is responsible for managing its capital and borrowing within specified limits and must consult with the Treasurer and Minister regarding financial matters (Sections 30 and 31). The Act also mandates that the Commission's profits be applied as determined by the Treasurer and Minister, with specific considerations for expenditures and financial advice from the Commission (Section 38). Breaches of the Act may lead to various civil or criminal consequences. Although the Act does not explicitly detail offences or penalties, non-compliance with financial regulations or conflict of interest provisions could result in administrative actions or legal challenges. The maximum borrowing limit of £1 million for temporary purposes underscores the importance of adhering to financial constraints, with potential repercussions for exceeding these limits. The Act's provisions aim to ensure transparency, accountability, and efficient financial management within the Commission.

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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.