Empire Air Service (England to Australia) Act 1941

Legislation au C1941A00011 Not in force Act

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EMPIRE AIR SERVICE (ENGLAND TO AUSTRALIA).

 

No. 11 of 1941.

An Act to authorize the execution of an Agreement relating to the Empire Air Service between England and Australia.

[Assented to 7th April, 1941.]

[Date of commencement, 5th May, 1941.]

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.

1. This Act may be cited as the Empire Air Service (England to Australia) Act 1941.


Authorization of agreement between the Commonwealth and Qantas Empire Airways.

2. The execution, by or on behalf of the Commonwealth, of an agreement, in the form set forth in the Schedule to this Act, is hereby authorized.

 

THE SCHEDULE. Section 2.

Supplemental Agreement made the  day of

 One thousand nine hundred and forty Between the Commonwealth of Australia (hereinafter referred to as “the Commonwealth”) of the one part and Qantas Empire Airways Limited a Company registered under the laws of the State of Queensland relating to the registration of Companies and having its registered office at Union Bank Chambers, Queen and Creek streets, Brisbane, in the said State (hereinafter called the “Contractor”) of the other part and annexed or intended to be annexed to an Agreement dated the twenty-third day of July 1938 made between the parties hereto for the establishment operation and maintenance of an Aeroplane Service between Sydney in the State of New South Wales and Singapore in the Straits Settlements (which Agreement is hereinafter referred to as “the Principal Agreement”);

Whereas as a result of certain changes in the form of administration of the governmental control of civil aviation and aerial navigation in the Commonwealth it has been found necessary to vary the Principal Agreement in the manner hereinafter appearing to which variation the parties hereto have agreed:

Now this Agreement Witnesseth and it is hereby Agreed and Declared as follows:—

1. The Conditions of Contract contained in the Schedule to the Principal Agreement shall as from the eleventh day of January 1939 be deemed to be varied as follows:—

(a) By deleting there from the definitions of “Civil Aviation Board”, “Controller-General of Civil Aviation”, “Minister”, “Secretary, Department of Defence”, and “the Secretary, Civil Aviation Board”, and by adding thereto the following definitions, namely:—

“Minister” means the Minister of State for Civil Aviation of the Commonwealth and includes any other Minister of State of the Commonwealth for the time being acting for the said Minister and any member of the Federal Executive Council for the time being acting for or on behalf of the said Minister of State for Civil Aviation, and any Minister of State of the Commonwealth for the time being administering the Air Navigation Act or the Air Navigation Regulations.

“Director-General” means the Director-General of Civil Aviation of the Department of Civil Aviation of the Commonwealth, or the officer for the time being (by whatever title known) performing the duties now performed by or usually associated with the office of the Director-General of Civil Aviation; and

(b) By substituting for the words “Secretary, Department of Defence” and for the words “Secretary, Civil Aviation Board” and for the words “Controller-General of Civil Aviation” wherever respectively occurring the words “Director-General”.

2. Any duty, right, power or function conferred by the Conditions of Contract contained in the Schedule to the Principal Agreement on the Secretary, Department of Defence, or on the Secretary, Civil Aviation Board, or on the Controller-General of Civil Aviation, as respectively originally defined in the said Conditions of Contract, which has been performed or exercised by the Director-General as defined in Clause 1 of this Agreement between the eleventh day of January 1939 and the date of execution of this Agreement shall for purposes of the Principal Agreement be deemed to have been performed or exercised by the person on whom it was conferred by the said Conditions of Contract.


The Schedule—continued

3. Any duty, right, power or function conferred by the Conditions of Contract contained in the Schedule to the Principal Agreement on the Minister as originally defined in the said Conditions of Contract which has been performed or exercised by the Minister as defined in Clause 1 of this Agreement between the eleventh day of January 1939 and the date of execution of this Agreement shall for purposes of the Principal Agreement be deemed to have been performed or exercised by the Minister on whom it was conferred by the said Conditions of Contract.

In witness whereof the parties hereto have executed these presents the day and year first before written.

Signed Sealed and Delivered by the Honorable

Minister of State for Civil Aviation of the

Commonwealth of Australia for and on

behalf of the Commonwealth of Australia

in the presence of—

The Common Seal of Qantas Empire

Airways Limited was hereunto affixed

in pursuance of a Resolution of the Board

and in the presence of—

Director.

Director.

Secretary.

Overview

The Empire Air Service (England to Australia) Act 1941 was enacted by the Parliament of the Commonwealth of Australia to address the need for the execution of an agreement relating to the Empire Air Service between England and Australia. This Act was authorised by the King's Most Excellent Majesty, the Senate, and the House of Representatives, and received royal assent on 7th April 1941, with the date of commencement set for 5th May 1941. The primary objective of this Act was to enable the Commonwealth to execute an agreement with Qantas Empire Airways Limited, adjusting certain administrative aspects of civil aviation and aerial navigation within the Commonwealth. This legislative action was crucial in facilitating the ongoing operation and maintenance of the aeroplane service between Sydney and Singapore, ensuring the continued collaboration between the Commonwealth and Qantas Empire Airways in the context of evolving governmental structures.

Scope and Application

The Empire Air Service (England to Australia) Act 1941 pertains to the Commonwealth of Australia and specifically authorises the execution of an agreement between the Commonwealth and Qantas Empire Airways Limited, a company registered under the laws of Queensland. The Act aims to formalise an agreement for the establishment, operation, and maintenance of an aeroplane service between Sydney and Singapore. The Act came into effect on 5th May 1941. The primary focus is on amending the existing agreement to reflect changes in governmental control over civil aviation and aerial navigation within the Commonwealth. This includes redefining certain terms and roles previously assigned to officials such as the Secretary of the Department of Defence and the Secretary of the Civil Aviation Board, now attributed to the Director-General of Civil Aviation. The Act also ensures that any duties or powers exercised by these officials between 11th January 1939 and the date of the agreement's execution are considered valid under the original agreement. The scope of this legislation is limited to the specified agreement and does not explicitly extend to other areas or entities beyond the Commonwealth and Qantas Empire Airways Limited.

Key Provisions

The Empire Air Service (England to Australia) Act 1941 (referred to as the Act) authorises the execution of an agreement between the Commonwealth of Australia and Qantas Empire Airways Limited, as detailed in the Schedule (s. 2). The agreement in the Schedule updates certain definitions and transfers duties, rights, powers, and functions from previous roles to the current roles of the Minister of State for Civil Aviation and the Director-General of Civil Aviation, effective from January 1939 (Schedule, Clauses 1 and 2). This Act effectively formalises these changes to the original agreement dated July 1938, which established an aeroplane service between Sydney and Singapore. The Act imposes specific obligations on both the Commonwealth and Qantas Empire Airways Limited. The Commonwealth must ensure that the updated agreement is executed in accordance with the terms set forth in the Schedule. Qantas Empire Airways Limited is required to adhere to the new definitions and provisions as outlined in the updated agreement, including the recognition of the Minister and Director-General in the roles previously held by other officials (Schedule, Clause 1). Both parties must ensure that any duties, rights, powers, or functions performed by the Director-General or the Minister between January 1939 and the execution of this agreement are deemed to have been performed by the original entities as defined in the Principal Agreement (Schedule, Clauses 2 and 3). There are no explicit offences, penalties, or consequences for breach mentioned in the Act itself. However, non-compliance with the terms of the agreement could potentially lead to legal disputes or breaches of contract, which might be pursued in civil courts. The penalties for such breaches would be determined by the terms of the agreement and any relevant civil law, rather than by the Act itself. The Act’s focus is primarily on authorising the agreement and ensuring its execution, rather than prescribing specific penalties for non-compliance.

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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.