Proposed remaking of two Air Navigation Act 1920 Determinations

The Department of Infrastructure, Regional Development and Cities (the Department) is seeking stakeholder comment on its proposal to remake two legislative determinations made under the Air Navigation Act 1920 (the Act).

The Act provides for the Secretary of the Department of Infrastructure, Regional Development and Cities to make legislative instruments determining specified matters under the Act (a determination). Two of these determinations will sunset on 1 April 2019.

One determination issued under sub-section 12(3) of the Act exempts some categories of scheduled international air services from requiring an international airline licence (scheduled flights that overfly Australia but do not land, and scheduled flights that land in Australia but do not set down or take on passengers or cargo). The other determination issued under sub-section 15A(3) of the Act exempts various categories of commercial international non-scheduled flights from obtaining a permission from the Secretary.

A copy of these determinations can be found at:

The Australian Government’s sunsetting framework provides for legislative instruments to cease to have effect after a specific date, unless action is taken to extend or remake them. It is an important mechanism for reducing red tape, delivering clearer laws, and aligning existing instruments with current government policy. This system ensures rule-makers consider whether instruments continue to be necessary and provides for updating to align with modern drafting practice.

It is proposed the determinations under sub-sections 12(3) and 15A(3) of the Act be remade in their current form without any substantive changes other than minor alterations to modernise language and remove redundant provisions. You are now invited to provide comment on the appropriateness and effectiveness of these determinations, including any suggestions for improvements. In providing comments, any information you can offer on the financial impact of these determinations would also be welcomed.

Your feedback on the determinations can be provided by email to The closing date for comments is 1 March 2019.

If you have questions, or wish to discuss these determinations further, please do not hesitate to contact Aidan Bruford, Director, Trade and Aviation Market Policy, Aviation Industry Policy Branch, Aviation and Airports Division, on +61 2 6274 7064.


Last Updated: 15 February, 2019