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 a permission from the Secretary.
Amendments to this determination commenced on 25 October 2021 to remove exemptions for single charter flights while the Biosecurity (Human Biosecurity Emergency) (Human Coronavirus with Pandemic Potential) Declaration 2020 remains in force.
Under the changes, commercial charter flights carrying one or more passengers (whether in an individual charter flight or as part of a program of charter flights) now need to apply to the Department for permission to operate. Medical evacuation flights remain exempted 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