Australian National Airlines Amendment Act 1980

Legislation au C2004A02229 Not in force Act

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No. 28 of 1980

An Act to amend the Australian National Airlines Act 1945

[Assented to 8 May 1980]

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

Short title, &c.

1. (1) This Act may be cited as the Australian National Airlines Amendment Act 1980.

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

Commencement

2. This Act shall come into operation on such date as is fixed by Proclamation.

Functions of Commission

3. Section 19 of the Principal Act is amended by adding at the end thereof the following sub-section:

“(3) Nothing in this section shall be taken to authorize the Commission to transport passengers or goods for reward by air between a place in the Northern Territory and another place in that Territory otherwise than in accordance with any law of that Territory applicable to such transport.”.

Formal and other minor amendments

4. The Principal Act is amended as set out in the Schedule.

——————

SCHEDULE Section 4

FORMAL AND OTHER MINOR AMENDMENTS

Provision	Amendment
Section 4 (definition of “Air Navigation Regulations”)	Omit the definition, substitute:
Section 4 (definition of “Air Navigation Regulations”)	“‘Air Navigation Regulations’ means the regulations for the time being in force under the Air Navigation Act 1920;”.
Section 4 (definition of “interstate airline service”)	Omit “two”, substitute “2”.
Sub-section 7(1)..........	Omit “seven”, substitute “7”.
Sub-section 8(1)..........	Omit “five”, substitute “5”.
Section 9...............	Repeal the section, substitute:
	Remuneration and allowances of Commissioners
	“9. (1) A Commissioner shall be paid such remuneration as is determined by the Remuneration Tribunal.
	“(2) A Commissioner shall be paid such allowances as are prescribed.
	“(3) This section has effect subject to the Remuneration Tribunals Act 1973.”.
Section 10..............	Omit “the next succeeding section” (wherever occurring), substitute “section 11”.
Paragraph 14(1)(b).........	Omit “three”, substitute “3”.
Paragraph 14(1)(c).........	Omit “the next succeeding sub-section”, substitute “sub-section (2)”.
Sub-section 14(2)..........	Omit “twenty-five”, substitute “25”.
Sub-section 14(3)..........	Omit “the last preceding sub-section”, substitute “sub-section (2)”.
Sub-section 15(3)..........	Omit “two”, substitute “2”.
Sub-section 15(7)..........	Omit “three”, substitute “3”.
Sub-section 17(4)..........	Omit “the last preceding sub-section”, substitute “sub-section (3)”.
Sub-section 17(6)..........	Omit the sub-section.
Sub-section 17(7)..........	(a) Omit “any other officer”, substitute “an officer (other than the general manager)”.
	(b) Omit “Thirteen thousand seven hundred dollars”, substitute “$13,700”.
After section 17...........	Insert the following section:
	Remuneration and allowances of general manager
	“17a. (1) The general manager shall be paid such remuneration as is determined by the Remuneration Tribunal.
	“(2) The general manager shall be paid such allowances as are prescribed.
	“(3) This section has effect subject to the Remuneration Tribunals Act 1973.”.
Section 18a..............	Repeal the section, substitute:
	Preservation of rights
	“18a. Where a person appointed in pursuance of section 17 or 18 was, immediately before he was so appointed, an officer of the Australian Public Service or a person to whom the Officers’ Rights Declaration Act 1928 applied—
	(a) he retains his existing and accruing rights; and
	(b) for the purpose of determining those rights, his service or employment, or both, under this Act shall be taken into account as if it were service in the Australian Public Service.”.
Section 18b..............	Omit “1920-1956”, substitute “1920”.
Paragraph 19a(2)(b)........	Omit “the last preceding paragraph”, substitute “paragraph (a)”.
Sub-section 19a(3).........	Omit “the last preceding sub-section”, substitute “sub-section (2)”.
Sub-section 19b(2).........	Omit “(a) of sub-section (1) of section 19”, substitute “19(1)(a)”.
Sub-section 19c(2).........	Omit “(a) of sub-section (1) of section 19”, substitute “19(1)(a)”.
Sub-section 19d(2).........	Omit “(a) of sub-section (1) of section 19”, substitute “19(1)(a)”.

SCHEDULE—continued

Provision	Amendment
Sub-section 19e(1)........	Omit “the Australian Coastal Shipping Commission or the Commonwealth Railways Commissioner”, substitute “the Australian Shipping Commission or the Australian National Railways Commission”.
Section 19f.............	Omit “Papua New Guinea becoming an independent country and the Commonwealth and the Government of that country”, substitute “the Commonwealth and the Government of Papua New Guinea”.
Paragraphs 21(2)(a), (b) and (c)	Omit “Two hundred and fifty thousand dollars”, substitute “$250,000”.
Paragraph 21(2)(d)........	Omit “ten”, substitute “10”.
Section 31a.............	(a) Omit “four” (wherever occurring), substitute “4”.
	(b) Omit “the Commonwealth Superannuation Board or to such other”, substitute “such”.
Paragraph 32(1)(b)........	Omit “the last preceding paragraph”, substitute “paragraph (a)”.
Sub-section 32(2).........	Omit “the last preceding sub-section”, substitute “sub-section (1)”.
Sub-section 32(4).........	Omit “the last preceding sub-section”, substitute “sub-section (3)”.
Sub-section 32(5).........	Omit “the next succeeding sub-section”, substitute “sub-section (6)”.
Sub-section 32(6).........	(a) Omit “the last preceding sub-section”, substitute “sub-section (5)”.
	(b) Omit “six”, substitute “6”.
Sub-section 36(7).........	Omit “Two hundred dollars”, substitute “$200”.
Sub-section 37(2).........	(a) Omit “(d) of section 23”, substitute “23 (d)”.
	(b) Omit “1936-1972”, substitute “1936”.
Sub-section 37(3).........	Omit “1935-1973”, substitute “1935”.
Paragraph 37a(3)(d).......	Omit “(a) of the next succeeding sub-section”, substitute “(4)(a)”.
Paragraph 37a(4)(b).......	Omit “the next succeeding sub-section”, substitute “sub-section (5)”.
Sub-section 37a(5)........	(a) Omit “(a) of the last preceding sub-section”, substitute “(4)(a)”.
	(b) Omit “One hundred thousand dollars”, substitute “$100,000”.
	(c) Omit “(5) of that section”, substitute “31(5)”.
Sub-section 37a(7)........	Omit “(e) of sub-section (4)”, substitute “(4)(e)”.
Sub-section 37a(9)........	Omit “(a) of sub-section (3)”, substitute “(3)(a)”.
Sub-section 38(2).........	Omit “(1) of section 30a”, substitute “30a(1)”.
Sub-section 40(1).........	Omit “thirtieth day of”, substitute “30”.
Sub-section 40(3).........	Omit “fifteen”, substitute “15”.
Section 43.............	(a) Omit “(3) of section 3”, substitute “3(3)”.
	(b) Omit “1952-1972”, substitute “1952”.
	(c) Omit “(2) of that section”, substitute “3(2) of that Act”.
	(d) Omit “(1) of that section”, substitute “3(1) of that Act”.
Sub-section 62(3).........	Omit “seventy-two” (wherever occurring), substitute “72”.
Sub-section 63(1).........	Omit “two”, substitute “2”.
Section 67.............	Repeal.
Paragraph 69(1)(g)........	(a) Omit “One hundred dollars”, substitute “$100”.
Paragraph 69(1)(g)........	(b) Omit “three”, substitute “3”.
Sub-section 69(3).........	Omit “Statutory Rules within the meaning of the Rules Publication Act 1903-1941”, substitute “statutory rules within the meaning of the Statutory Rules Publication Act 1903”.
Sub-section 69(4).........	Omit “1901-1941”, substitute “1901”.
Section 70.............	(a) Omit “One hundred dollars”, substitute “$100”.
	(b) Omit “three”, substitute “3”.

Overview

The Australian National Airlines Amendment Act 1980 was enacted to update and amend the Australian National Airlines Act 1945. This legislation was introduced by the Commonwealth Parliament to address gaps and issues within the existing airline regulatory framework. The Act formalises certain aspects of the airline operations and modifies the remuneration and allowances for Commissioners and the general manager, ensuring alignment with contemporary standards and practices. It also includes minor amendments to definitions and other provisions to enhance clarity and efficiency in the administration of airline services by the Australian National Airlines Commission. The overarching policy objective is to maintain and improve the regulatory environment for national airlines, ensuring they operate within legal frameworks that promote safety, efficiency, and public interest.

Scope and Application

The Australian National Airlines Amendment Act 1980 amends the Australian National Airlines Act 1945, which primarily governs the operations of the airline industry within Australia. The Amendment Act applies to the Australian National Airlines Commission and any other entities or individuals associated with the operation of the national airline. Its jurisdictional reach is nationwide, as it pertains to the Commonwealth of Australia. The Act includes formal amendments to various sections of the Principal Act, including the definition of terms, numerical substitutions, and updates to remuneration and allowances for commissioners and the general manager. The amendments are designed to modernise and clarify certain provisions, ensuring that the Commission’s functions are effectively carried out in accordance with contemporary standards and practices. Notably, the Act restricts the Commission’s ability to transport passengers or goods for reward by air within the Northern Territory without adhering to relevant Northern Territory laws. The application of the Act can be further extended or modified through subordinate instruments, as outlined in the Schedule.

Key Provisions

The Australian National Airlines Amendment Act 1980 (C2004A02229) amends the Australian National Airlines Act 1945, primarily updating definitions, remuneration, and minor textual amendments. Section 3 of the Act adds a provision (subsection 19(3)) specifying that the Commission is not authorised to transport passengers or goods within the Northern Territory unless it complies with local laws (Section 19). The Act also contains formal and minor textual amendments throughout the Principal Act, such as updating definitions (Section 4), correcting numerical references (e.g., substituting "7" for "seven" in subsection 7(1)), and modernising monetary values (e.g., substituting "$13,700" for "Thirteen thousand seven hundred dollars" in subsection 17(4)). The Act imposes specific obligations on the Commission and its officers, including the remuneration and allowances for Commissioners and the general manager, which are to be determined by the Remuneration Tribunal and prescribed respectively (Section 9, 17a). It also ensures that any person appointed under Sections 17 or 18 retains their existing rights, including those under the Officers’ Rights Declaration Act 1928, and that their service under this Act is considered part of their service in the Australian Public Service for the purpose of determining those rights (Section 18a). Additionally, it mandates that any reference to the Australian Coastal Shipping Commission or the Commonwealth Railways Commissioner is updated to reflect current entities, such as the Australian Shipping Commission or the Australian National Railways Commission (Section 19f). Violations of the provisions in this Act may lead to various civil or criminal consequences. For instance, operating air transport within the Northern Territory without compliance with local laws can lead to penalties as prescribed by those laws. While the Act does not explicitly state penalties for breaches of its provisions, any contravention of the amended sections could result in legal action under the existing framework of the Principal Act or related legislation. The specific penalties would depend on the nature of the breach and the relevant jurisdictional laws.

Area of Law: Corporate Law & Governance
Instrument: Act
Concepts: Definitions & Interpretation; Repeal & Amendment; Compliance Obligations; Remuneration and Allowances

Interactions

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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