International airline licences—additional information

Licence variations

Additional conditions may be imposed on an International Airline Licence (IAL) by the Secretary of the Department of Infrastructure, Transport, Regional Development, Communications and the Arts (the Department) to reflect ongoing changes in the regulation of international aviation by the Australian Government. Updating IAL conditions constitutes a 'licence variation' under the Air Navigation Regulation 2016 (the Regulation).

An IAL may also be varied at the request of an airline, provided that the request is made to the Department in writing.

Before an IAL is varied by the Secretary, the IAL holder will be given notice in writing, including reasons for the proposed variation unless the variation is requested by the IAL holder or the variation is urgent for reasons of public safety or security. The IAL holder must respond to this notice within thirty-five (35) days after the notice is given, in accordance with section 21 of the Regulation.

Any decision to vary an IAL is subject to appeal before the Administrative Appeals Tribunal.

Refusal to grant a licence

In the event that an airline's application for an IAL is refused, the applicant will be informed within fourteen (14) days after the decision is made.

Any decision to refuse to grant an IAL is subject to appeal before the Administrative Appeals Tribunal.

Advertising

In accordance with section 35 of the Regulation, an airline that does not hold an IAL may advertise a scheduled international air service to and from Australia before receiving an IAL, provided that the advertisement clearly states the service is subject to Australian Government approval.

Exemptions

Some categories of scheduled international air services are exempt from requiring an IAL under the Air Navigation Act 1920 (the Act). This includes 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.

Slot applications

Applicants should contact Airport Coordination Australia for information on the process of obtaining slots at Australia's main international airports.

Slots at airports not controlled by Airport Coordination Australia may be arranged directly with the Airports concerned.

Border agency consultation

Applicants seeking to commence international air services to Australia should make early contact with Australia's border control agencies to discuss their plans and related Australian Government requirements. Applicants should note that not all international airports have a permanent border agency presence. Contact details for the border agencies are provided below:

Australian Border Force

Australian Border Operations Centre
Australian Border Force
PO Box 25
BELCONNEN ACT 2616

Ph: +61 2 6264 1301
Email: boc@abf.gov.au
www.abf.gov.au

Department of Agriculture, Fisheries and Forestry

Compliance and Investigations Division
Department of Agriculture, Fisheries and Forestry
GPO Box 858
CANBERRA ACT 2601

Ph: 1800 900 090
www.agriculture.gov.au

Regulatory requirements for registration as a foreign company

The Department does not require foreign airlines to be registered as a foreign company in Australia to be issued with an IAL.

However, the Corporations Act 2001, which is administered by the Australian Securities Investment Corporation (ASIC), may require such registration. Compliance with the Corporations Act 2001 is a matter for a foreign corporation and ASIC to determine.

Applicants are encouraged to contact ASIC for further information, and/or obtain private legal advice in relation to their company's particular proposals.

Other agencies

For the requirements of other agencies, applicants should refer to Australia's Aeronautical Information Publication (AIP) (published by Airservices Australia), especially the Section dealing with Transit and Departure of Aircraft.

Statistical returns

The Department is the Australian Government agency responsible for the collection of statistics on passengers, freight and mail carried by all international scheduled airlines operating into and out of Australia. Sections 7 and 8 of the Regulation authorises the Department to collect this statistical data.

Information provided by airlines is incorporated into the Department's Bureau of Infrastructure, Transport and Regional Economics website, including publications on international airline activity. The statistics can be provided in Excel format or as a text file. Contact details for further information are provided below:

Aviation Statistics
Bureau of Infrastructure, Transport and Regional Economics
GPO Box 501
CANBERRA ACT 2600

Ph: +61 2 6274 7790
www.bitre.gov.au

 

Updated: November 2022

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