Air Navigation (Exemption for Commercial Non-Scheduled Flights) Determination 2019

made under subsection 15A(3) of the

Air Navigation Act 1920

Compilation No. 2

Compilation date: 25 October 2021

Includes amendments up to: F2021L01450

Registered: 18 November 2021

About this compilation

This compilation

This is a compilation of the Air Navigation (Exemption for Commercial Non-Scheduled Flights) Determination 2019 that shows the text of the law as amended and in force on 25 October 2021 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.

Self-repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

Contents

Part 1—Preliminary

1 Name

3 Authority

4 Definitions

Part 2—Permission not required for certain flights

6 Categories of flights in respect of which permission not required

7 Single charter flight

8 Programs of passenger charter flights

9 Own-use charter flight

10 Charter flight for carriage of homogenous cargo

Endnotes

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Part 1—Preliminary

1  Name

  This instrument is the Air Navigation (Exemption for Commercial Non-Scheduled Flights) Determination 2019.

3  Authority

  This instrument is made under subsection 15A(3) of the Air Navigation Act 1920.

4  Definitions

Note 1: A number of expressions used in this instrument are defined in subsection 3(1) of the Act, including the following:

(a) aircraft;

(b) non-scheduled flight.

Note 2: In addition, the following expressions are defined in section 15 of the Act in relation to sections 15A to 15F:

(a) charterer;

(b) charter operator.

  In this instrument:

Act means the Air Navigation Act 1920.

associate means a person who, in relation to another person, is:

 (a) a member of the same unincorporated association; or

 (b) a partner under a partnership agreement.

charter flight means a non-scheduled flight by an aircraft which takes on or discharges passengers, cargo or mail for carriage for reward in Australian territory.

program means a program of charter flights of one or more aircraft conducted pursuant to an arrangement between a charterer and charter operator.

Note: A program may consist of flights with different origins and destinations.

Part 2—Permission not required for certain flights

6  Categories of flights in respect of which permission not required

  For the purposes of subsection 15A(3) of the Act, a permission is not required in relation to a flight if any of sections 7 to 10 apply to it.

7  Single charter flight

 (1) This section applies to a charter flight which does not form part of a program.

 (2) However, while the Biosecurity (Human Biosecurity Emergency)(Human Coronavirus with Pandemic Potential) Declaration 2020 remains in force, this section applies to a medical evacuation flight but does not apply to any other charter flight conducted by an aircraft that is carrying one or more passengers.

 (3) In this section:

passenger has the same meaning as in section 9 of the Biosecurity Act 2015.

8  Programs of passenger charter flights

 (1) This section applies to a charter flight forming part of a program conducted for the purpose of transporting passengers if all of the following apply:

 (a) all of the flights constituting the program are conducted by aircraft with a seating capacity not exceeding an item in column 2 of Table A;

 (b) the number of flights constituting the program does not exceed the corresponding item in column 3 of Table A;

 (c) within 14 days after the end of the first flight constituting the program, the charter operator gives a written notice to the Secretary setting out the information referred to in paragraphs (a) to (g) of subsection 15C(1) of the Act.

 (2) However, while the Biosecurity (Human Biosecurity Emergency)(Human Coronavirus with Pandemic Potential) Declaration 2020 remains in force, this section does not apply in respect of a charter flight occurring on or after commencement of this subsection that forms part of a program conducted for the purpose of transporting passengers.

9  Own-use charter flight

 (1) This section applies to a charter flight, whether or not forming part of a program, if all of the following apply:

 (a) there is a single charterer;

 (b) subsection (2) applies to each passenger carried on the flight (if any);

 (c) the charterer is the owner or lessor of all the cargo carried on the flight (if any) and the purpose of that carriage is for the use or benefit of the charterer.

Note: For the avoidance of doubt, cargo does not include passenger baggage.

 (2) For the purposes of paragraph (1)(b), this subsection applies to the following:

 (a) an employee of the charterer;

 (b) a member (including a shareholder) of the charterer;

 (c) a director of the charterer;

 (d) an associate of the charterer;

 (e) an individual contracted to provide services to the charterer;

 (f) an agent of the charterer;

 (g) an individual entitled to passage on a transport service operated by the charterer.

10  Charter flight for carriage of homogenous cargo

  This section applies to a charter flight, whether or not forming part of a program, if all of the following apply:

 (a) there is a single charterer;

 (b) the dominant purpose of the flight is the transport of cargo;

 (c) the cargo is homogenous;

 (d) the cargo does not consist of or include a consignment consolidated by a person who carries on business as a freight forwarder.

Note: Each of the following is an example of homogenous cargo for the purposes of paragraph (1)(c):

(a) cargo consisting of electronics and computer equipment;

(b) cargo consisting of meat of any number of kinds;

(c) cargo consisting of animals (including livestock) of any number of species.

Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.

If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history