Australian Government guidance on the Optus data breach

Determinations made under subsections 12(3) and 15A(3) of the Air Navigation Act 1920

Two determinations have been made under the Air Navigation Act 1920 (the Act).

One determination issued under subsection 12(3) of the Act exempts some categories of scheduled international air services from requiring an international airline licence (scheduled flights that overfly Australia but do not land, and scheduled flights that land in Australia but do not set down or take on passengers or cargo).

A copy of the determination made under subsection 12(3) of the Act, and a detailed explanatory statement, can be found at: https://www.legislation.gov.au/Details/F2019L00375/Download

The second determination issued under sub-section 15A(3) of the Act exempts various categories of commercial international non-scheduled flights from obtaining permission from the Secretary.

Amendments to this determination reinstate the previous exemptions for international charter flights which were temporarily removed while the Biosecurity (Human Biosecurity Emergency) (Human Coronavirus with Pandemic Potential) Declaration 2020 remained in force. This Declaration is no longer in force.

Under the changes, operators of individual commercial charter flights and some programs of charter flights no longer need to apply to the Department for permission to operate (see International Charter Guidelines). Medical evacuation flights have always been exempt from this requirement.

A copy of the determination made under subsection 15A(3) of the Act, and a detailed explanatory statement, can be found at:  https://www.legislation.gov.au/Details/F2021L01450