Extra‑territorial operation of regulations

In force

(1)

Any provisions of the regulations may be expressed to apply to and in relation to any of the following:

(a)

Australian aircraft;

(b)

aircraft (other than Australian aircraft) engaged in Australian international carriage;

(c)

passengers on board, and members of the crew of, aircraft referred to in paragraph (a) or (b);

while the aircraft are outside Australian territory.

(2)

In this Act:

airline means a person engaged in the provision of air services.

Australian international carriage means the carriage of passengers or cargo, or both passengers and cargo, whether within or outside Australian territory, by an aircraft that:

(a)

is operated by an airline that is designated, nominated or otherwise similarly authorised by Australia under a bilateral arrangement to engage in such carriage; or

(b)

is operated by an airline incorporated in Australia; or

(c)

is operated by an airline having its principal place of business in Australia; or

(d)

is operated by an Australian operator and is subject to section 15A or 17 of the Air Navigation Act 1920; or

(e)

is operated jointly by:

(i)

an airline referred to in paragraph (a), (b) or (c); and

(ii)

another person;

but is under the control of the airline referred to in subparagraph (i) of this paragraph; or

(f)

is subject to section 15A or 17 of the Air Navigation Act 1920 and is operated jointly by:

(i)

an Australian operator; and

(ii)

another person;

but is under the control of the Australian operator.

Australian operator means an aircraft operator who:

(a)

if the operator is an individual:

(i)

is an Australian citizen; or

(ii)

is ordinarily resident in Australia; or

(b)

if the operator is a body corporate:

(i)

is incorporated in Australia; or

(ii)

has its principal place of business in Australia.

bilateral arrangement means an agreement or arrangement between:

(a)

Australia, or an entity or organisation nominated or otherwise similarly authorised by Australia to enter into the agreement or arrangement; and

(b)

a foreign country;

under which the carriage by air of passengers or cargo, or both passengers and cargo, between Australia and the foreign country is permitted.

foreign country includes any region:

(a)

that is part of a foreign country; or

(b)

that is under the protection of a foreign country; or

(c)

for whose international relations a foreign country is responsible.

(3)

For the purposes of this section:

(a)

an aircraft is taken to be subject to section 15A of the Air Navigation Act 1920 if the aircraft would be taken to be subject to that section under paragraph 27(3)(c) of that Act; and

(b)

an aircraft is taken to be subject to section 17 of the Air Navigation Act 1920 if the aircraft would be taken to be subject to that section under paragraph 27(3)(d) of that Act.

This Act’s bill:Explanatory memorandum Second reading speech

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134 Extra‑territorial operation of regulations