New South Wales Consolidated Acts

AIR TRANSPORT ACT 1964 - SECT 3

3 Licensing of persons for the carriage intrastate of passengers

(1) A person shall not carry by an aircraft from a place in New South Wales to another place in New South Wales any passengers unless:

(a) the person is the holder of a licence under this Act, and

(b) if the person is operating or providing a regular air transport service, the route over which the passengers are carried is a route in respect of which the licence was granted.

(1A) For the purposes of subsection (1), a person is operating or providing a regular air transport service while carrying passengers over a particular route if aircraft operated by the person, whether alone or together with aircraft operated by some other person, are engaged in a service conducted by the person, whether alone or in association with any other such person:

(a) in accordance with fixed schedules over that route, or

(b) unless otherwise authorised by the Director-General, on 5 or more occasions within any period of 28 days over that route.

(1B) In exercising powers under subsection (1A) (b), the Director-General shall have regard to such of the matters specified in section 6 (3) as to the Director-General seems appropriate and to no other matters.

(2) A person who contravenes subsection (1) is guilty of an offence against this Act.

(3) This section does not apply to:

(a) the provision of a charter service, being any air transport service that is operated or provided otherwise than as a regular service over a particular route, or

(b) the provision of a regular air transport service over a deregulated route.