1Citation
These regulations may be cited as the Transport Co‑ordination Regulations 1985.
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Bill homepageThese regulations may be cited as the Transport Co‑ordination Regulations 1985.
These regulations shall come into operation on 1 January 1986.
In these regulations, unless the context otherwise requires —
approved form means a form approved by the Director General;
charter services means a service that is not a RPT service;
credit card charge means an amount payable by the licensee to the credit card provider;
Form means a form in Schedule 2;
GST has the meaning given to that term in the Commonwealth A New Tax System (Goods and Services Tax) Act 1999 section 195‑1;
licensee means the holder of the aircraft licence;
load factor, for a flight, means the number of paying and free‑on‑board passengers divided by the number of seats available for passengers;
net freight revenue means amounts receivable in the month by the licensee for carrying freight on the aircraft, for example, consignment fees and amounts per kilogram of freight, other than amounts in respect of GST;
net passenger revenue means amounts receivable in the month from passengers in relation to operating the aircraft, for example, fares, excess baggage charges and amounts paid by passengers for in‑flight beverages, other than amounts in respect of passenger service fees, credit card charges or GST;
operating costs means amounts payable in the month by the licensee in relation to operating the aircraft, including —
flight crew and cabin crew costs, including employment and accommodation costs; and
landing fees, passenger service fees and other similar fees payable to airport operators; and
turnaround costs payable to airport operators, or other service providers, for services provided in relation to the aircraft at airports, for example, baggage handling and aircraft movement costs; and
in‑flight catering costs; and
commissions on reservations and ticket bookings; and
loyalty scheme costs; and
promotion costs; and
aircraft insurance, finance and security costs; and
costs of maintaining and repairing the aircraft, for example, depreciation and insurance, excluding labour costs and other indirect costs; and
fuel costs; and
taxes imposed on the licensee in respect of the operation of the aircraft;
passenger service fee means an amount payable by the licensee to the airport operator in respect of each passenger on a flight to or from the airport;
registration number means the registration number of the aircraft given by the Civil Aviation Safety Authority;
revenue load factor, for a flight, means the Revenue Passenger Kilometres (the number of paying passengers x the number of kilometres flown) divided by the Actual Seat Kilometres (the number of seats available for passengers x the number of kilometres flown);
RPT services means regular public transport services that operate according to a published schedule.
In relation to a reference to an amount that is payable or receivable in a month —
an amount is payable or receivable in a month if, in accordance with accrual accounting principles, the amount is payable or receivable at a time in the month; and
an amount that is payable or receivable in a month is not payable or receivable in any other month.
[Regulation 3 inserted: Gazette 6 Oct 2006 p. 4364‑5; amended: Gazette 27 May 2016 p. 1556.]
[4. Deleted: Gazette 28 Jun 2002 p. 3115.]
An applicant for a licence shall provide such particulars as are required by a Form, or an approved form, and the Director General may require an applicant to provide such other information in support of the application as the Director General considers necessary.
[Regulation 5 amended: Gazette 27 May 2016 p. 1556.]
[5A. Deleted: Gazette 26 Jun 2019 p. 2239.]
An application for a permit or temporary licence shall be made as far as is practicable at least 24 hours before the time it is intended to operate the vehicle in respect of which the permit or temporary licence is sought.
The fees payable in respect of a licence shall be paid —
where the fee is a fee determined under section 21(1)(c)(i) of the Act within 7 days after the last day of each month of the term of the licence;
where the fee is a fee determined under section 21(1)(b) or (c)(ii) of the Act on the issue of the licence.
Where the fee payable in respect of a licence is a fee determined under section 21(1)(c)(i) of the Act the licensee shall forward a return in the form of Form 9 in respect of the last preceding month together with the fee.
Where the fee payable is a fee payable in respect of a permit or temporary licence the fee shall accompany the application for the licence.
[Regulation 7 amended: Gazette 8 Dec 1989 p. 4464; 26 Jun 2019 p. 2239.]
[8. Deleted: Gazette 26 Jun 2019 p. 2240.]
For the purposes of section 21(1) of the Act —
[(a) deleted]
in relation to the fee for a commercial goods vehicle licence the prescribed amount is $5; and
[(c) deleted]
in relation to the fee for a ferry licence the prescribed amount is $3.25.
[Regulation 8A inserted: Gazette 8 Dec 1989 p. 4464; amended: Gazette 29 Sep 1998 p. 5398; 27 Jun 2003 p. 2526; 25 Jun 2004 p. 2290; 24 Jun 2005 p. 2777; 23 Jun 2006 p. 2228; 22 Jun 2007 p. 2873; 1 Jul 2008 p. 3160; 30 Jun 2009 p. 2662; 18 Jun 2010 p. 2698; 17 May 2011 p. 1827; 5 Jun 2012 p. 2368; 28 Jun 2013 p. 2802; 13 Jun 2014 p. 1904; 12 Jun 2015 p. 2034; 27 May 2016 p. 1556; 14 Jun 2016 p. 2001; 23 Jun 2017 p. 3272; 25 May 2018 p. 1647; 31 May 2019 p. 1727; 26 Jun 2019 p. 2240; SL 2020/60 r. 12; SL 2021/92 r. 25; SL 2022/67 r. 26; SL 2023/45 r. 43; SL 2024/57 r. 12; SL 2025/64 r. 18; SL 2026/62 r. 17.]
[8AB, 8B. Deleted: Gazette 26 Jun 2019 p. 2240.]
The following records and statistics are prescribed for the purposes of section 47(1)(d) of the Act, in relation to the operation of the aircraft, for RPT services, on routes specified in the aircraft’s licence that include an airport listed in Schedule 3 —
the registration number of the aircraft;
for each flight —
the flight number (if any); and
the time, date and location of departure and arrival; and
the number of passengers; and
for each class of fare (as determined by the licensee) — the number of seats sold, the price and (where relevant) the discount (as a percentage) applied to calculate the price; and
the revenue load factor or the load factor;
for each calendar month, each route flown by the aircraft in the month and each class of fare (as determined by the licensee) sold in the month — the number of seats sold in the class, the average price and (where relevant) the average discount (as a percentage) applied to calculate the price;
for each cancelled flight and flight that failed to comply with the applicable flight schedule —
the flight number (if any); and
the intended date and location of departure and arrival; and
the reasons for the cancellation or failure; and
the respects in which the flight failed to comply with the relevant schedule;
for each calendar month and each route flown by the aircraft in the month — the total net passenger revenue from, and the total operating costs of, operating the aircraft;
for each calendar month and each destination to which the aircraft carried freight in the month — the weight of freight carried and the net freight revenue from carrying that freight;
for each calendar month and each route flown by the aircraft in the month — the number of flying hours;
for each calendar month — the number and type of written complaints made by passengers relating to the operation of the aircraft or services provided in relation to the operation of the aircraft, and a description of any complaint resolution procedure undertaken in respect of such complaints.
For the purposes of subregulation (1)(e), if a component of the total operating costs is not directly attributable to the operation of the aircraft for the month and a route, it is to be attributed to the operation of the aircraft for the month and the route on a proportional basis.
The licensee must keep the records and statistics for 5 years.
[Regulation 8BA inserted: Gazette 6 Oct 2006 p. 4365‑7; amended: Gazette 30 May 2008 p. 2087; 31 Dec 2019 p. 4684.]
The following records and statistics are prescribed for the purposes of section 47(1)(d) of the Act, in relation to the operation of the aircraft, for charter services, on flights to or from airports listed in Schedule 3 —
the registration number of the aircraft;
for each flight —
the flight number (if any); and
the time, date and location of departure and arrival; and
a copy of the invoice for the flight; and
the number of passengers; and
the revenue load factor or the load factor.
The licensee must keep the records and statistics for 5 years.
[Regulation 8BB inserted: Gazette 6 Oct 2006 p. 4367; amended: Gazette 31 Dec 2019 p. 4684.]
For the purposes of section 47B(8) of the Act, the prescribed amount —
in relation to a licence or the renewal of a licence, is $90; and
in relation to a permit, is 5 cents.
[Regulation 8C inserted: Gazette 8 Dec 1989 p. 4464; amended: Gazette 12 Jun 2015 p. 2034.]
[9. Deleted: Gazette 30 Dec 2004 p. 6960.]
The weight of any goods carried on a vehicle may be determined in accordance with the Road Traffic (Administration) Act 2008 section 112, 113 or 114.
[Regulation 10 amended: Gazette 1 Nov 2002 p. 5401; 8 Jan 2015 p. 69.]
A form numbered in column 1 of Schedule 1 is the form for the purpose specified in column 2 of that Schedule opposite and corresponding to that numbered form.
[12. Deleted: Gazette 26 Jun 2019 p. 2240.]
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