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AIR NAVIGATION REGULATION 2016 - NOTES

- made under the Air Navigation Act 1920

made under the

Air Navigation Act 1920

Compilation No. 2

Compilation date: 14 October 2024

Includes amendments: F2024L01299

About this compilation

This compilation

This is a compilation of the Air Navigation Regulation 2016 that shows the text of the law as amended and in force on 14  October 2024 (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 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 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 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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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

5 Definitions

6 Application of this instrument

Part 2--Statistical returns and other information

7 Statistical returns and other information

8 Traffic reports, cost statistics and financial statements

9 Information to be provided to the Council

10 Confidential information

11 Failure to give information to the Secretary

12 Self-incrimination

Part 3--Licensing of scheduled international air services

Division 1--Purpose

13 Purpose of this Part

Division 2--Applying for a licence

14 Applying for a licence

Division 3--Grant of a licence

15 Matters to be taken into account

16 Granting a licence

17 Refusal to grant a licence

18 Duration of a licence

19 Licence conditions

Division 4--Variation, suspension or cancellation of a licence

20 Secretary may vary, suspend or cancel a licence

21 Notice of proposed action to vary, suspend or cancel a licence

22 Decision on variation, suspension or cancellation of a licence

Division 5--Compliance declarations

23 Secretary to publish compliance declaration form

24 Licence holder must lodge compliance declaration

Part 4--Tariffs

25 Submitting tariffs for approval

26 Approval of tariffs

27 Additional information

28 Application of tariffs

Part 5--Timetables etc.

Division 1--Approval of timetables

29 Application for approval of a proposed timetable

30 Approval of a proposed timetable

Division 2--Variation, suspension or cancellation of timetables

31 Variation, suspension and cancellation of approved timetables

32 Circumstances for which variation not required

33 Conditions that may be imposed on a timetable

Division 3--Offences relating to timetables and advertising

34 Offence--operation of air service not in accordance with approved timetable

35 Offence--advertising unlicensed services

36 Offence--advertising non-scheduled flights

Part 6--International and other matters

37 Smoking on an aircraft

38 Exemption of aircraft and spare parts from seizure on patent claims

39 Secretary may give directions in relation to the Convention

Part 7--Miscellaneous

40 Change of address

41 Production of licences and other documents

42 Review of certain decisions

43 Protection of certain rights

44 Evidence

45 Approved forms

46 Delegation by Secretary

Part 8--Transitional provisions

47 Transitional--licences

48 Transitional--tariffs

49 Transitional--timetables

50 References to provisions of the Air Navigation Regulations 1947

Endnotes

Endnote 1--About the endnotes

Endnote 2--Abbreviation key

Endnote 3--Legislation history

Endnote 4--Amendment history

 

 

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 how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section  15V of the Legislation Act 2003.

If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and "(md not incorp)" is added to the amendment history.

 

Endnote 2--Abbreviation key

ad = added or inserted

o = order(s)

am = amended

Ord = Ordinance

amdt = amendment

orig = original

c = clause(s)

par = paragraph(s)/subparagraph(s)

C[x] = Compilation No. x

/sub-subparagraph(s)

Ch = Chapter(s)

pres = present

def = definition(s)

prev = previous

Dict = Dictionary

(prev ... ) = previously

disallowed = disallowed by Parliament

Pt = Part(s)

Div = Division(s)

r = regulation(s)/rule(s)

ed = editorial change

reloc = relocated

exp = expires/expired or ceases/ceased to have

renum = renumbered

effect

rep = repealed

F = Federal Register of Legislation

rs = repealed and substituted

gaz = gazette

s = section(s)/subsection(s)

LA = Legislation Act 2003

Sch = Schedule(s)

LIA = Legislative Instruments Act 2003

Sdiv = Subdivision(s)

(md) = misdescribed amendment can be given

SLI = Select Legislative Instrument

effect

SR = Statutory Rules

(md not incorp) = misdescribed amendment

Sub-Ch = Sub-Chapter(s)

cannot be given effect

SubPt = Subpart(s)

mod = modified/modification

underlining = whole or part not

No. = Number(s)

commenced or to be commenced

 

 

Endnote 3--Legislation history

 

Name

Registration

Commencement

Application, saving and transitional provisions

Air Navigation Regulation 2016

29 Mar 2016 (F2016L00398)

1 Apr 2016 (s 2(1) item 1)

 

Air Navigation (Aircraft Noise--Repeal and Consequential Amendments) Regulations 2018

29 Mar 2018 (F2018L00449)

Sch 1 (item 6): 1 Apr 2018 (s 2(1) item 1)

--

Administrative Review Tribunal Legislation Consequential Amendments (2024 Measures No. 1) Regulations 2024

11 Oct 2024 (F2024L01299)

Sch 10 (items 6, 7): 14 Oct 2024 (s 2(1) item 1)

--

 

Endnote 4--Amendment history

 

Provision affected

How affected

Part 1

 

s 2.....................

rep LA s 48D

s 4.....................

rep LA s 48C

Part 3

 

Division 3

 

s 19....................

am F2018L00449

Part 7

 

s 42....................

am F2024L01299

Schedule 1................

rep LA s 48C

 


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