AIR TRANSPORT ACT.
Act No. 3ft, 1964.
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 license granted by the Commissioner for Motor Transport; to amend the State
Transport (Co-ordination) Act, 1931-1962, the Air
Navigation Act, 1938-1947, and the Transport Act,
1930-1964; and for purposes connected therewith.
[Assented to, 16th October, 1964.]
BE
it enacted by the Queen's Most Excellent Majesty, by
and with the advice and consent of the Legislative
Council and Legislative Assembly of New South Wales in
Parliament assembled, and by the authority of the same, as
follows: —
1. (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) The State Transport (Co-ordination) Act, 1931,
as amended by subsequent Acts and by this Act, may be
cited as the State Transport (Co-ordination) Act, 1931-1964.
(4) The Air Navigation Act, 1938, as amended by
subsequent Acts and by this Act, may be cited as the Air
Navigation Act, 1938-1964.
(5) The Transport Act, 1930, as amended by subse­
quent Acts and by this Act, may be cited as the Transport
Act. 1930-1964.
2. (1) In this Act, unless the context or subject matter
otherwise indicates or requires—
"Air Navigation Regulations" means the Air Navigation
Regulations made and as in force from time to time
under the Air Navigation Act 1920-1963, of the
Parliament of the Commonwealth of Australia, or
any Act amending that Act.
"Appointed day"—
(a) where a day is not appointed pursuant to
subsection two of this section, means the
twenty-sixth day of October, one thousand
nine hundred and sixty-four; or
(b)
(b) where a day is so appointed, means that day,
or where more than one day is so
appointed, means the later or latest of those
days.
"Carry" means carry for reward or for any consideration
or in the course of any trade or business and
expressions derived therefrom have a corresponding
interpretation.
"Commissioner" means the Commissioner for Motor
Transport constituted under the Transport (Division
of Functions) Further Amendment Act, 1952, as
amended by the State Transport (Co-ordination)
Amendment Act, 1954.
"Corporation" has the meaning ascribed thereto
in section five of the Companies Act, 1961,
as amended by subsequent Acts.
"Goods" includes livestock.
"License" means license issued under this Act and
includes a renewal of any such license.
"Prescribed" means prescribed by regulations.
"Regulations" means regulations under this Act.
(2) The Governor may, by proclamation published
in the Gazette, appoint a day or days for the purposes of
paragraph (b) of the definition of "Appointed day" in sub­
section one of this section, but any day so appointed shall be
not earlier—
(a) than the twenty-sixth day of October, one thousand
nine hundred and sixty-four; or
(b) where any day has been previously so appointed—
than any such day.
(3) Where two or more days are appointed pursuant
to subsection two of this section, the later or latest of those
days shall be notified by proclamation published in the
Gazette not later than the first or last previous day so
appointed, as the case may be.
3.
3. (1) A person shall not, on or after the appointed day,
carry by an aircraft from a place in New South Wales to
another place in New South Wales any passengers or goods
unless—
(a) the aircraft is licensed under this Act;
(b) that person is the holder of the license; and
(c) where the license was granted in respect of a route
or routes, the route over which the passengers or
goods are so carried is such a route.
(2) A person who contravenes any of the provisions
of subsection one of this section is guilty of an offence against
this Act and is liable for a first offence to a penalty of not
less than five hundred pounds nor more than one thousand
pounds, for a second offence to a penalty of not less than five
thousand pounds nor more than ten thousand pounds, and for
a third or subsequent offence to a penalty of not less than ten
thousand pounds nor more than twenty thousand pounds.
(3) In respect of an offence against this Act arising
under subsection one of this section the following persons
shall, in addition to the person by whom the offence was
committed, be deemed to have committed the like offence,
that is to say : —
(a) the person who is shown, in the register of
Australian aircraft kept under the Air Navigation
Regulations or in the certificate of registration
issued under those regulations, as the owner of
the aircraft which was used in the commission of
the offence; and
(b) where the person committing the offence is a
corporation, any director, member of the governing
body, or manager, of the corporation or of any
related corporation within the meaning of section
six of the Companies Act, 1961, as amended by
subsequent Acts.
(4) An allegation in any information—
(a) that a person on a specified date carried by an
aircraft from a place in New South Wales to another
place in New South Wales any passengers or goods;
or
(b)
(b) that a person is a person referred to in subsection
three of this section,
shall be prima facie evidence of the matters so alleged.
(5) Subsection four of this section shall apply to any
matter so alleged although—
(a) evidence in support or rebuttal of the matter alleged
or of any other matter is given by a witness; or
(b) the matter alleged is a mixed question of law and
fact, but in that case the allegation shall be prima
facie evidence of the fact only.
(6) Any pecuniary penalty imposed on an individual
pursuant to this section may be recovered as a debt due to
Her Majesty in any court of competent jurisdiction but nothing
in this subsection affects the operation of the provisions of
section eighty-two, ninety-two, ninety-three, ninety-four or
ninety-five of the Justices Act, 1902, as amended by sub­
sequent Acts, in respect of any such penalty, or any part of
any such penalty, not so recovered, and any amount so
recovered under this subsection shall for the purposes of those
provisions be deemed to have been paid to any person to
whom moneys may be paid or may be caused to be paid
under any of those provisions.
(7) The provisions of section 556A of the Crimes Act,
1900, as amended by subsequent Acts, do not apply in respect
of any offence against this Act arising under subsection one
or three of this section.
4. (1) A person (in this section referred to as an
"authorised person") authorised in writing to do so by the
Commissioner may require any person who appears to that
authorised person to be concerned in, or employed in connec­
tion with, the conduct of any services for the carriage of
passengers or goods by aircraft to answer any question with
respect to the use, in connection with those services, of any
aircraft for the carriage from one place in New South Wales
to another place in New South Wales of any passengers or
goods.
(2) Any person who fails to comply with a require­
ment of an authorised person made under subsection one of
this
this section or who answers in a false or misleading manner
any question put to him by an authorised person pursuant
to that subsection is guilty of an offence against this Act.
(3) A person shall not be guilty of an offence under
subsection two of this section by reason of his failure to
answer any question if he proves to the satisfaction of the
court that he did not know and could not with reasonable
diligence have ascertained the answer to the question.
(4) A person shall not be excused from answering any
question, if required to do so under subsection one of this
section, on the ground that the answer might tend to criminate
him or make him liable to a penalty, but the answer given by
him shall not be admissible against him in any proceedings
civil or criminal, except in proceedings for an offence arising
under subsection two of this section.
(5) Where any answer to a question referred to in
subsection one of this section, or any information whatsoever,
is given to an authorised person by the prescribed officer of
a corporation, such answer and information shall, for the
purposes of any proceedings against the corporation for
an offence arising under the provisions of section three of this
Act, be binding upon and admissible in evidence against the
corporation, unless it is proved that the answer or informa­
tion was given in relation to a matter in respect of which the
prescribed officer had no authority to bind the corporation.
The provisions of this subsection shall be in addition to
and not in derogation from any rule of law relating to the
binding effect and admissibility in evidence of statements
made by any officer or employee of a corporation.
(6) Any person who communicates any information
acquired by him in the course of the administration of this
Act except in accordance with the instruction in writing of
the Minister or for the purpose of proceedings in any court
is guilty of an offence against this Act.
(7) In this section "prescribed officer of a corpora­
tion" means the managing director, manager or other govern­
ing officer, by whatever name called or any member of the
governing body of the corporation and, where any officer
or employee of the corporation gives any information to an
authorised person, whether in answer to a question or not,
relating
relating to any part of the operations of the corporation over
which such officer or employee exercises any superintendence
or control, includes that officer or employee.
5.
(1) An application for a license shall—
(a) be made to the Commissioner;
(b) be in writing and in a form approved by the
Commissioner;
(c) be accompanied by a fee of ten shillings or, where
another amount is prescribed, that other amount;
(d) specify the route or routes, if any, in respect of
which the application is made;
(e) specify the aircraft in respect of which the
application is made;
(f) specify whether the application is for a license to
carry passengers or goods or both passengers and
goods over the route or routes so specified; and
(g) specify such particulars and contain such informa­
tion as the Commissioner may require.
(2) An applicant for a license shall furnish to the
Commissioner such additional particulars and information as
the Commissioner may require.
6. (1) The Commissioner may grant or refuse any appli­
cation for a license.
(2) A
to conditions,
of passengers
authorised by
license may be granted subject to or not subject
including conditions as to whether the carriage
or goods or of both passengers and goods is
the license.
(3) In deciding whether to grant or refuse a license
and the conditions, if any, subject to which it should be
granted, the Commissioner shall have regard to such of the
following matters as to him seem appropriate and to no other
matters : —
(a) the needs, in relation to air transport services, of
the public of New South Wales as a whole and of
the public of any area or district to be served by
the route or routes, or by any of the routes, speci­
fied in the application for the license;
(b)
( b ) the extent, if a n y , to which t h e needs of t h e p u b l i c
of N e w S o u t h Wales a s a w h o l e or of t h e p u b l i c of
a n y a r e a or district to b e served b y t h e r o u t e o r
r o u t e s , or b y a n y of the r o u t e s , specified in t h e
a p p l i c a t i o n for t h e license are a l r e a d y , o r a r e
likely t o b e , served b y public air t r a n s p o r t s e r v i c e s ;
( c ) t h e allocation of routes for p u b l i c air t r a n s p o r t ser­
vices b e t w e e n p e r s o n s h o l d i n g or a p p l y i n g for
licenses u n d e r this A c t so as t o foster as far as
possible t h e existence of m o r e t h a n o n e airline
o p e r a t i n g in N e w S o u t h W a l e s c a p a b l e of p r o v i d i n g
a d e q u a t e a n d r e a s o n a b l e p u b l i c air t r a n s p o r t ser­
vices within N e w S o u t h W a l e s a n d so as t o dis­
c o u r a g e t h e d e v e l o p m e n t of a n y m o n o p o l y of
p u b l i c air t r a n s p o r t services within N e w S o u t h
Wales;
( d ) w h e r e t h e a p p l i c a n t is a n individual, his c h a r a c t e r
a n d suitability a n d fitness t o h o l d the license
a p p l i e d for a n d , w h e r e t h e a p p l i c a n t is a c o r p o r a ­
tion, t h e c h a r a c t e r of the p e r s o n s responsible for
t h e m a n a g e m e n t or c o n d u c t of t h e c o r p o r a t i o n a n d
t h e suitability a n d fitness of the c o r p o r a t i o n t o h o l d
the license applied f o r ;
( e ) the extent to which the a r e a or district to b e served
b y t h e r o u t e or routes, or a n y of t h e r o u t e s , speci­
fied in the application for the license a r e already,
o r a r e likely to b e , served b y f o r m s of p u b l i c
t r a n s p o r t o t h e r t h a n p u b l i c air t r a n s p o r t a n d t h e
effect t h a t the p u b l i c air t r a n s p o r t services p r o p o s e d
t o b e c o n d u c t e d b y t h e a p p l i c a n t for t h e license
over t h a t r o u t e or those routes m a y h a v e u p o n
those o t h e r f o r m s of t r a n s p o r t .
7. (1) A license shall b e in such f o r m as the C o m m i s ­
sioner m a y d e t e r m i n e , shall specify t h e aircraft in r e s p e c t of
w h i c h it is issued a n d m a y specify t h e r o u t e or r o u t e s in
respect of w h i c h the license is g r a n t e d .
( 2 ) A license shall e x p i r e o n t h e a n n i v e r s a r y of t h e
d a y u p o n which it w a s g r a n t e d or u p o n such earlier d a y as
m a y b e specified t h e r e i n .
8.
8.
(1) Where at any time, the Commissioner, having
r e g a r d t o such of the m a t t e r s specified in p a r a g r a p h s ( a ) , ( b ) ,
( c ) , ( d ) a n d ( e ) of subsection t h r e e of section six of this A c t
as t o h i m s e e m a p p r o p r i a t e a n d to n o o t h e r m a t t e r s , is of
o p i n i o n t h a t it is d e s i r a b l e to d o so, h e m a y b y notice in writ­
ing served o n t h e h o l d e r of a l i c e n s e —
( a ) r e v o k e o r v a r y , as o n a n d from a d a t e specified in
t h e notice, o r s u s p e n d for a p e r i o d o r p e r i o d s s o
specified, t h e license o r a n y of the p a r t i c u l a r s or
conditions thereof; or
( b ) a t t a c h to t h e license, as o n a n d from a d a t e so
specified, a n y further o r n e w c o n d i t i o n .
( 2 ) A notice u n d e r subsection o n e of this s e c t i o n —
( a ) shall h a v e effect a c c o r d i n g t o its t e n o r ; a n d
( b ) m a y b e served, in t h e c a s e of a n individual, per­
sonally or b y s e n d i n g it b y p o s t to t h e h o l d e r of
t h e license a t t h e a d d r e s s last notified t o the C o m ­
missioner b y t h e h o l d e r of t h e license or, in t h e
case of a c o r p o r a t i o n , in t h e m a n n e r m e n t i o n e d in
subsection o n e of section t h r e e h u n d r e d a n d sixtyt w o of t h e C o m p a n i e s A c t , 1 9 6 1 , a s a m e n d e d b y
subsequent Acts.
( 3 ) W i t h o u t limiting t h e generality of subsection o n e
of this section, t h e C o m m i s s i o n e r m a y r e v o k e , or s u s p e n d
for s u c h p e r i o d as h e thinks fit, a license if t h e h o l d e r fails
t o c o m p l y with a n y of t h e p r o v i s i o n s of this A c t or of t h e
regulations o r with a n y of t h e c o n d i t i o n s a t t a c h e d t o t h e
license.
( 4 ) T h e C o m m i s s i o n e r m a y exercise a n y of t h e
p o w e r s conferred o n h i m b y subsection o n e o r t h r e e of this
section n o t w i t h s t a n d i n g t h a t a t t h e t i m e the p o w e r is exercised
t h e license is s u s p e n d e d .
9 . A p e r s o n w h o neglects o r fails to c o m p l y with a n y
c o n d i t i o n a t t a c h e d to a license of w h i c h h e is the h o l d e r is
guilty of a n offence a g a i n s t this A c t .
10.
l0.
O n a n d from t h e a p p o i n t e d d a y , a n y license or per­
m i t in r e s p e c t of a n aircraft a n d in force u n d e r t h e S t a t e
T r a n s p o r t ( C o - o r d i n a t i o n ) A c t , 1 9 3 1 , as a m e n d e d b y subse­
q u e n t A c t s , shall cease t o h a v e a n y force o r effect.
1 1 . A certificate p u r p o r t i n g to b e signed b y t h e officer
for t h e t i m e b e i n g in c h a r g e of the r e c o r d s k e p t u n d e r this
A c t stating t h a t a p e r s o n is or is n o t , o r w a s or was n o t o n
a n y d a y or d u r i n g any p e r i o d , t h e h o l d e r of a license, or t h a t
a n y p a r t i c u l a r s or conditions are, o r w e r e , o n a specified day,
p a r t i c u l a r s o r c o n d i t i o n s c o n t a i n e d in or a t t a c h e d t o a license,
o r t h a t a n y p a r t i c u l a r s are not, o r w e r e n o t , o n a specified day,
c o n t a i n e d in a license, shall in all courts a n d before all p e r s o n s
b e p r i m a facie evidence of the m a t t e r s stated in t h e certificate
w i t h o u t proof of the s i g n a t u r e or official c h a r a c t e r of t h e
p e r s o n p u r p o r t i n g t o sign the certificate.
12.
( 1 ) E x c e p t w h e r e otherwise p r o v i d e d , a p e r s o n guilty
of a n offence against this A c t is liable to a p e n a l t y n o t exceed­
ing five h u n d r e d p o u n d s , or t o i m p r i s o n m e n t for a p e r i o d
n o t e x c e e d i n g twelve m o n t h s , or t o b o t h s u c h p e n a l t y a n d
imprisonment.
( 2 ) A l l p r o c e e d i n g s for offences against this A c t
o r the regulations shall b e disposed of s u m m a r i l y before a
stipendiary m a g i s t r a t e .
( 3 ) A n i n f o r m a t i o n for a n offence against this
A c t m a y b e laid at a n y t i m e within t w o y e a r s after t h e
c o m m i s s i o n of t h e offence.
( 4 ) A n i n f o r m a t i o n for a n offence against this A c t
shall n o t b e laid except with t h e consent in writing of t h e
Attorney-General.
13.
( 1 ) T h e G o v e r n o r m a y m a k e regulations n o t incon­
sistent with this A c t for o r with respect t o —
( a ) p r e s c r i b i n g the fees t o a c c o m p a n y applications for
licenses;
( b ) generally prescribing all m a t t e r s w h i c h b y this A c t
are r e q u i r e d or p e r m i t t e d to b e p r e s c r i b e d or w h i c h
are necessary or c o n v e n i e n t t o b e p r e s c r i b e d for
c a r r y i n g o u t o r giving effect t o this A c t .
(2)
( 2 ) T h e regulations m a y i m p o s e a p e n a l t y n o t exceed­
i n g o n e h u n d r e d p o u n d s for a n y b r e a c h thereof.
( 3 ) A l l regulations s h a l l —
( a ) b e p u b l i s h e d in the G a z e t t e ;
( b ) t a k e effect from t h e d a t e of p u b l i c a t i o n o r from
a later d a t e to b e specified in t h e r e g u l a t i o n s ; a n d
( c ) b e laid b e f o r e b o t h H o u s e s of P a r l i a m e n t within
fourteen sitting d a y s after p u b l i c a t i o n if P a r l i a m e n t
is t h e n in session, a n d if n o t , t h e n within f o u r t e e n
sitting days after t h e c o m m e n c e m e n t of the n e x t
session.
( 4 ) If either H o u s e of P a r l i a m e n t passes a resolution
of w h i c h notice h a s b e e n given a t a n y t i m e within fifteen
sitting d a y s after t h e regulations h a v e b e e n laid before t h a t
H o u s e disallowing a n y r e g u l a t i o n o r p a r t thereof, t h e regula­
tion o r p a r t thereof shall t h e r e u p o n cease t o h a v e effect.
14.
(1) T h e State Transport (Co-ordination) Act, 1 9 3 1 ,
as a m e n d e d b y s u b s e q u e n t A c t s , is a m e n d e d —
(a)
(i) b y o m i t t i n g from subsection o n e of section t h r e e
the definition of " A i r N a v i g a t i o n R e g u l a t i o n s " ;
(ii) b y o m i t t i n g from the definition of " M o t o r
v e h i c l e " in t h e s a m e subsection t h e w o r d s " a n d
also i n c l u d e s a i r c r a f t " ;
( b ) b y o m i t t i n g from p a r a g r a p h ( d ) of subsection t w o
of section fourteen t h e w o r d s " , o r in t h e case of
a n aircraft, p a r t i c u l a r s of t h e certificate of registra­
tion a n d the certificate of airworthiness issued u n d e r
the Air Navigation Regulations";
(c)
( i ) b y o m i t t i n g from subsection o n e of section
fifteen t h e w o r d s " o t h e r t h a n a n a i r c r a f t " ;
(ii) b y o m i t t i n g subsection t w o of t h e s a m e s e c t i o n ;
(iii) b y o m i t t i n g from subsection t h r e e of t h e s a m e
section t h e w o r d s " o r subsection t w o " ;
(d)
(i) b y o m i t t i n g from subsection o n e of section
sixteen t h e w o r d s " o t h e r t h a n a n a i r c r a f t " ;
(ii)
(ii) b y o m i t t i n g f r o m subsection t w o of t h e s a m e
section t h e w o r d s " o t h e r t h a n a n a i r c r a f t " ;
(iii) b y o m i t t i n g
section;
subsection
three
of
the
same
( e ) b y o m i t t i n g from p a r a g r a p h ( g ) of subsection t h r e e
of section seventeen the w o r d s " P r o v i d e d t h a t t h e
certificate of registration a n d t h e certificate of
airworthiness of a n aircraft issued u n d e r t h e A i r
N a v i g a t i o n R e g u l a t i o n s or a registration of a n y
m o t o r vehicle o t h e r t h a n a i r c r a f t " a n d b y inserting
in lieu thereof the w o r d s " P r o v i d e d t h a t a registra­
t i o n of a n y m o t o r v e h i c l e " ;
(f) b y o m i t t i n g from subsection t h r e e of section twentyo n e the w o r d s " o t h e r t h a n a n aircraft".
( 2 ) T h e a m e n d m e n t s m a d e b y subsection o n e of this
section shall c o m m e n c e u p o n t h e a p p o i n t e d d a y .
15.
( 1 ) T h e A i r N a v i g a t i o n A c t , 1 9 3 8 , as a m e n d e d b y
s u b s e q u e n t A c t s , is a m e n d e d b y o m i t t i n g from section four
the words "State Transport (Co-ordination) Act, 1931-1947,"
w h e r e v e r o c c u r r i n g a n d b y inserting in lieu thereof the w o r d s
"Air Transport Act, 1964,".
( 2 ) T h e a m e n d m e n t m a d e b y subsection o n e of this
section shall c o m m e n c e u p o n t h e a p p o i n t e d d a y .
16. T h e T r a n s p o r t A c t , 1 9 3 0 , as a m e n d e d b y s u b s e q u e n t
A c t s , is a m e n d e d —
( a ) b y inserting a t the e n d of subsection o n e of section
two
hundred
and
two
the
following
new
paragraph: —
(f) all fees c h a r g e d u n d e r t h e A i r
Act, 1 9 6 4 ;
Transport
( b ) b y inserting at t h e e n d of subsection t w o of t h e
s a m e section t h e following n e w p a r a g r a p h : —
(i) all a d m i n i s t r a t i v e a n d o t h e r expenses of t h e
C o m m i s s i o n e r in r e s p e c t of t h e
Air
Transport Act, 1964.
17.
17.
N o t h i n g in this A c t affects—
( a ) the liability of a n y p e r s o n for a n offence against
t h e State T r a n s p o r t ( C o - o r d i n a t i o n ) A c t , 1 9 3 1 , as
amended by subsequent Acts, committed by him
before the a p p o i n t e d d a y ; o r
( b ) a n y p r o s e c u t i o n for or p e n a l t y in respect of a n y
s u c h offence,
a n d a n y s u c h p r o s e c u t i o n m a y b e instituted, c o n t i n u e d o r
enforced, a n d a n y s u c h p e n a l t y m a y b e i m p o s e d a n d enforced,
as if t h e a m e n d m e n t s m a d e by this A c t to t h e State T r a n s p o r t
( C o - o r d i n a t i o n ) A c t , 1 9 3 1 , as a m e n d e d b y s u b s e q u e n t A c t s ,
had not been made.
18. N o t h i n g in this A c t relieves a p e r s o n of a n y obligation
t o h o l d or effect any license or registration w h i c h h e is other­
wise b y law r e q u i r e d t o h o l d or effect.
19. O n and from a day to be appointed by the Governor
for t h e p u r p o s e s of this section a n d notified b y p r o c l a m a t i o n
p u b l i s h e d in the G a z e t t e , this A c t is a m e n d e d —
(a)
(i) b y o m i t t i n g f r o m subsection t w o of section
t h r e e the w o r d s " a n d is liable for a first offence
t o a p e n a l t y of n o t less t h a n five h u n d r e d
pounds nor more than one thousand pounds,
for a second offence t o a p e n a l t y of n o t less
t h a n five t h o u s a n d p o u n d s n o r m o r e t h a n ten
t h o u s a n d p o u n d s , a n d for a t h i r d or s u b s e q u e n t
offence t o a p e n a l t y of n o t less t h a n t e n
thousand pounds nor m o r e than twenty
thousand pounds";
(ii) b y o m i t t i n g subsections t h r e e , four, five, six
a n d seven of t h e s a m e section ;
( b ) b y o m i t t i n g from subsection o n e of section twelve
t h e words "Except where otherwise provided, a"
a n d b y inserting in lieu thereof t h e w o r d " A " .
INDUSTRIAL