Document ID: chunk:federal_register_of_legislation:C2024C00427:section:15a:p2
Version: federal_register_of_legislation:C2024C00427
Segment Type: section
Provision Reference: s 15A (pt 2/3)
Character Range: 29841–32334

the promotion of trade and tourism to and from Australia; and
 (iii) if the application relates to a program of flights to or from Australia—whether there is to be a wide range of places in Australia that will be served under the program; and
 (iv) if foreign interests hold substantial ownership and effective control of a charterer or a charter operator—employment and investment in, and general development of, the Australian Aviation industry; and
 (v) aviation security; and
 (vi) Australia's international relations;
 (b) the availability of capacity (within the meaning of the International Air Services Commission Act 1992) on scheduled international air services, and any relevant determination made by the International Air Services Commission in respect of the allocation of capacity on those services;
 (c) any relevant advice on matters referred to in paragraph (a) that is provided to the Minister by that Commission under paragraph 6(2)(c) of that Act; and
 (d) any other matter that the Secretary thinks relevant.
 (5) A permission is not required for the taking on or discharging of passengers, cargo or mail in relation to a flight of an aircraft if the flight is included in a category of flights in relation to which a determination under subsection (3) is in force.
 (7) If:
 (a) any passengers are, or any cargo or mail is:
 (i) taken on to an aircraft in Australian territory before beginning a non‑scheduled flight or at an intermediate stopping place in the course of such a flight; or
 (ii) discharged from an aircraft in Australian territory at an intermediate stopping place in the course of a non‑scheduled flight or at the end of such a flight; and
 (b) a permission was not required for the taking on or discharging of the passengers, cargo or mail because of the operation of subsection (5);
the operator of the aircraft must, within 14 days after the end of the flight, give a written notice to the Secretary setting out the prescribed particulars in relation to the flight and the passengers, cargo or mail.
Penalty: 30 penalty units.
Note: If a body corporate is convicted of an offence, subsection 4B(3) of the Crimes Act 1914 allows a court to impose a fine that is not greater than 5 times the maximum fine that could be imposed by the court on an individual convicted of the same offence.
 (8) A determination under subsection (3) is a legislative instrument.
 (9) In this section:
engage in conduct means:
 (a) do an act; or
 (b) omit to perform an act.