Air Transport Act 1964 (NSW)

Air Transport Act 1964 No 36

An Act to prohibit, in certain circumstances, the carriage by aircraft of passengers or goods from one place to another within New South Wales except under the authority of a licence granted by the Minister; to amend the State Transport (Co-ordination) Act 1931, the Air Navigation Act 1938 and the Transport Act 1930; and for purposes connected therewith.

1 Name of Act and construction (1) This Act may be cited as the Air Transport Act 1964. (2) This Act shall be read and construed subject to the Commonwealth of Australia Constitution Act and so as not to exceed the legislative power of the State, to the intent that where any provision of this Act or the application thereof to any person or circumstance is held invalid, the remainder of this Act and the application of the provision to other persons or circumstances shall not be affected. (3)–(5) (Repealed)

2 Definitions (1) In this Act, unless the context or subject matter otherwise indicates or requires: Carry means carry for reward or for any consideration or in the course of any trade or business. deregulated route means a route that is declared to be a deregulated route by an order in force under section 4A. Function includes power, authority and duty. Licence means licence issued under this Act and includes a renewal of any such licence. Secretary means the Secretary of the Department of Transport. Working Group means the State Aviation Working Group established by section 12A. (2), (3) (Repealed) (4) A reference in this Act to the exercise of a function includes, where the function is a duty, a reference to the discharge of that duty. (5) (Repealed)

2A–2C (Repealed)

3 Licensing of persons for the carriage intrastate of passengers (1) A person shall not carry by an aircraft from a place in New South Wales to another place in New South Wales any passengers unless: (a) the person is the holder of a licence under this Act, and (b) if the person is operating or providing a regular air transport service, the route over which the passengers are carried is a route in respect of which the licence was granted. (c) (Repealed) (1A) For the purposes of subsection (1), a person is operating or providing a regular air transport service while carrying passengers over a particular route if aircraft operated by the person, whether alone or together with aircraft operated by some other person, are engaged in a service conducted by the person, whether alone or in association with any other such person: (a) in accordance with fixed schedules over that route, or (b) unless otherwise authorised by the Secretary, on 5 or more occasions within any period of 28 days over that route. (1B) In exercising powers under subsection (1A) (b), the Secretary shall have regard to such of the matters specified in section 6 (3) as to the Secretary seems appropriate and to no other matters. (2) A person who contravenes subsection (1) is guilty of an offence against this Act. (3) This section does not apply to: (a) the provision of a charter service, being any air transport service that is operated or provided otherwise than as a regular service over a particular route, or (b) the provision of a regular air transport service over a deregulated route. (4)–(7) (Repealed)