Australian National Airlines Act 1945

This section applies in relation to the State of Queensland and the State of Tasmania, being States by whose Parliaments the matter of air transport was referred to the Parliament of the Commonwealth before the commencement of section 10 of the Australian National Airlines Act 1959.

Where, after the commencement of section 10 of the Australian National Airlines Act 1959, and before the commencement of this subsection, the Parliament of a State has referred to the Parliament of the Commonwealth the matter of air transport, or any other matter that is such that, by reason of the reference, it is within the power of the Parliament of the Commonwealth to make exercisable by the Commission in that State the powers referred to in subsection (1D), the Governor‑General may, by Proclamation, declare that this section applies in relation to that State.

This section ceases to apply in relation to a State by virtue of subsection (1) or (1A) if there ceases to be in force any Act of the Parliament of the State by which there is referred to the Parliament of the Commonwealth a matter that is such that, by reason of the reference, it is within the power of the Parliament of the Commonwealth to make exercisable by the Commission in that State the powers referred to in subsection (1D).

This section applies in relation to a State that adopts this section and ceases to apply in relation to that State if the State law by which this section is adopted ceases to be in force.

The Commission may transport passengers and goods, for reward, by air between any place in a State in relation to which this section applies and another place in that State, and the provisions of this Act apply to and in relation to the provision of transport in accordance with this subsection in like manner as they apply to and in relation to the other functions of the Commission.

The Commission shall not, pursuant to the powers conferred on it by subsection (1D), transport passengers or goods for reward by air between a place in a State and another place in that State otherwise than in accordance with any law of that State applicable to that transport.

Without prejudice to its effect apart from this subsection, this section also has, by force of this subsection, the effect it would have if:

a reference in subsection (1D) or (2) to the Commission were a reference to a body corporate that is a group company for the purposes of the Australian Airlines (Conversion to Public Company) Act 1988;

a reference in subsection (1D) to a State in relation to which this section applies were a reference to a State in relation to which this section applies by virtue of subsection (1C); and

all the words after “that State” were omitted from subsection (1D).