3. Interpretation
(1) In this Act, unless the contrary intention appears:
aircraft means any machine or craft that can derive support in the atmosphere from the reactions of the air.
aircraft operator or operator, in relation to an aircraft, means a person who conducts, or offers to conduct, an air service by the use of the aircraft.
airport means an area of land or water (including any buildings, installations and equipment situated in the area) intended for use either wholly or partly for the arrival, departure or movement of aircraft.
air service means a service of providing air transportation of people or goods, or both people and goods, by:
(a) regular public transport operation; or
(b) charter operation.
Australian aircraft means Australian aircraft within the meaning of the Civil Aviation Act 1988.
Australian territory means:
(a) the territory of Australia and of every external Territory;
(b) the territorial sea of Australia and of every external Territory; and
(c) the air space over any such territory or sea.
baggage means any article or possession of a passenger or crew member that is to be carried on board an aircraft, but does not include an article that is accessible to the passenger or crew member while the aircraft is in flight.
carriage means carriage anywhere on board an aircraft.
charter operation means an operation of an aircraft for the purpose of:
(a) a service of providing air transportation of people or goods, or both people and goods, that:
(i) is provided for a fee payable by persons using the service; and
(ii) is not available to the general public on a regular basis;
whether or not the service is conducted in accordance with fixed schedules to or from fixed terminals over specific routes; or
(b) a service of providing air transportation of people or goods, or both people and goods, that:
(i) is provided for a fee payable by persons using the service; and
(ii) is available to the general public on a regular basis; and
(iii) is not conducted in accordance with fixed schedules to or from fixed terminals over specific routes; or
(c) a service of providing air transportation of people or goods, or both people and goods, that:
(i) is not provided for a fee payable by persons using the service; and
(ii) is conducted in accordance with fixed schedules to or from fixed terminals over specific routes; and
(iii) is not available to the general public.
Contracting State means a country, other than Australia, that is a party to the Chicago Convention.
crew, in relation to an aircraft, includes every person having duties or functions on board the aircraft during the flight of the aircraft in connexion with the flying or safety of the aircraft.
international airline means an air transport enterprise offering or operating an international air service.
international airport means an international airport designated under subsection 9(1).
international air service means an air service provided by means of a flight:
(a) from a place within Australia to a place outside Australia; or
(b) from a place outside Australia to a place within Australia.
non‑scheduled flight, in relation to an aircraft, means a flight by the aircraft into or from Australian territory where the flight is not made under the authority of an international airline licence issued by the Secretary under the regulations.
pilot in command, in relation to an aircraft, means the pilot responsible for the operation and safety of the aircraft during the flight of the aircraft.
regular public transport operation means an operation of an aircraft for the purpose of an air service that:
(a) is provided for a fee payable by persons using the service; and
(b) is conducted in accordance with fixed schedules to or from fixed terminals over specific routes; and
(c) is available to the general public on a regular basis.
state aircraft means:
(a) aircraft of any part of the Defence Force (including any aircraft that is commanded by a member of that Force in the course of his or her duties as such a member); and
(b) aircraft used in the military, customs or police services of a country other than Australia.
the Air Transit Agreement means the International Air Services Transit Agreement concluded at Chicago on 7 December 1944.
the Chicago Convention means the Convention on International Civil Aviation concluded at Chicago on 7 December 1944.
the International Air Transport Association means the association incorporated under that name by Act 9‑10 George VI., Chapter 51, of the Parliament of Canada.
the International Civil Aviation Organization means the organization, so named, formed under Article 43 of the Chicago Convention.
the Secretary means the Secretary to the Department.
thing includes any substance.
threaten has the meaning given by section 3AA.
(2) Any reference in this Act to a contravention of, or failure to comply with, a provision of this Act includes a reference to a contravention of, or failure to comply with, an instruction, direction, condition or requirement issued, given, made or imposed in pursuance of this Act. |