International Airline Licences—Additional Information
- Licence Variations
- Refusal to Grant a Licence
- Advertising
- Slot Applications
- Border Agency Consultation
- Regulatory Requirements for Registration as a Foreign Company
- Other Agencies
- Statistical Returns
Licence Variations
Additional conditions may be imposed on an International Airline Licence (IAL) by the Secretary of the Department of Infrastructure and Transport (the Secretary) to reflect ongoing changes in the regulation of international aviation by the Australian Government. Updating IAL conditions constitutes a ‘licence variation’ under the Air Navigation Regulations 1947 (the regulations).
An IAL may also be varied at the request of an airline, provided that the request is made out to the Department in writing.
Before an IAL is varied by the Secretary, the IAL holder will be given notice in writing, including reasons for the proposed variation. The IAL holder must respond to this notice within thirty-five (35) days after the notice is given, in accordance with regulation 18D of the regulations.
Any decision to vary an IAL is subject to appeal before the Administrative Appeals Tribunal.
Refusal to Grant a Licence
In the event that an airline’s application for an International Airline Licence (IAL) is refused, the applicant will be informed within fourteen (14) days after the decision is made.
Any decision to refuse to grant an IAL is subject to appeal before the Administrative Appeals Tribunal.
Advertising
In accordance with regulation 24AA of the Air Navigation Regulations 1947, an airline that does not hold an International Airline Licence (IAL) may advertise a scheduled international air service to and from Australia before receiving an IAL, provided that the advertisement clearly states the service is subject to regulatory approval.
Slot Applications
Applicants should contact Airport Coordination Australia for information on the process of obtaining slots at Australia’s main international airports.
Slots at airports not controlled by Airport Coordination Australia may be arranged directly with the Airports concerned.
Border Agency Consultation
Applicants seeking to commence international air services to Australia should make early contact with Australia’s border control agencies to discuss their plans and related Australian Government requirements. Applicants should note that not all international airports have a permanent border agency presence. Contact details for the border agencies are provided below:
| Australian Customs Service | Department of Immigration and Citizenship | Department of Agriculture, Fisheries and Forestry |
|---|---|---|
Director Passenger Clearance Ph: +61 2 6275 8026 |
Advance Passenger Processing Director Ph: +61 2 6198 7393 |
Passengers and Mail Branch Ph: +61 2 6272 3806 |
Regulatory Requirements for Registration as a Foreign Company
The Department of Infrastructure and Transport does not require that foreign airlines be registered as a foreign company in Australia to be issued with an International Airline Licence.
However, the Corporations Act 2001, which is administered by the Australian Securities Investment Corporation (ASIC), may require such registration. Compliance with the Corporations Act is a matter for a foreign corporation and ASIC to determine.
Applicants are encouraged to contact ASIC for further information, and/or obtain private legal advice in relation to their company’s particular proposals.
Other Agencies
For the requirements of other agencies, applicants should refer to Australia’s Aeronautical Information Publication (AIP) (published by Airservices Australia), especially the Section dealing with Transit and Departure of Aircraft.
Statistical Returns
The Department of Infrastructure and Transport is the Australian Government agency responsible for the collection of statistics on passengers, freight and mail carried by all international scheduled airlines operating into and out of Australia. Regulation 12 of the Air Navigation Regulations 1947 authorises the Department to collect this statistical data.
Information provided by airlines is incorporated into the Department’s Bureau ofInfrastructure, Transport and Regional Economics website. Publications on international airline activity entitled ‘International Scheduled Air Transport’ (monthly & annual). The statistics can be provided in excel format or as a text file. Contact details for further information are provided below:
Aviation Statistics
Bureau of Infrastructure, Transport and Regional Economics
GPO Box 501
Canberra ACT Australia 2600
Ph: +61 2 6274 7790 (phone)
Fax: +61 2 6274 7727 (fax)
BITRE website: http://www.bitre.gov.au
Aviation Industry Policy—July 2009