Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) Any provisions of the regulations may be expressed to apply to and in relation to any of the following:
(a) Australian aircraft;
(b) aircraft (other than Australian aircraft) engaged in Australian international carriage;
(c) passengers on board, and members of the crew of, aircraft referred to in paragraph (a) or (b);
while the aircraft are outside Australian territory.
(2) In this section:
"airline" means a person engaged in the provision of air services.
"Australian international carriage" means the carriage of passengers or freight, or both passengers and freight, whether within or outside Australian territory, by an aircraft that:
(a) is operated by an airline that is designated, nominated or otherwise similarly authorised by Australia under a bilateral arrangement to engage in such carriage; or
(b) is operated by an airline incorporated in Australia; or
(c) is operated by an airline having its principal place of business in Australia; or
(d) is operated by an Australian operator and is subject to section 15A or 17; or
(e) is operated jointly by:
(i) an airline referred to in paragraph (a), (b) or (c); and
(ii) another person;
but is under the control of the airline referred to in subparagraph (i); or
(f) is subject to section 15A or 17 and is operated jointly by:
(i) an Australian operator; and
(ii) another person;
but is under the control of the Australian operator.
"Australian operator" means:
(a) an individual who:
(i) is an Australian citizen; or
(ii) is ordinarily resident in Australia; or
(b) a body corporate that:
(i) is incorporated in Australia; or
(ii) has its principal place of business in Australia.
"bilateral arrangement" means an agreement or arrangement between:
(a) Australia, or an entity or organisation nominated or otherwise similarly authorised by Australia to enter into the agreement or arrangement; and
(b) a foreign country;
under which the carriage by air of passengers or freight, or both passengers and freight, between Australia and the foreign country is permitted.
"foreign country" includes any region:
(a) that is part of a foreign country; or
(b) that is under the protection of a foreign country; or
(c) for whose international relations a foreign country is responsible.
(3) For the purposes of this section:
(c) an aircraft is taken to be subject to section 15A if the aircraft is, or apart from subsection 15A(5) would be, prohibited from taking on in Australian territory passengers, cargo or mail for carriage for reward, or discharging in Australian territory passengers, cargo or mail carried for reward, unless a permission for the carriage is or was in force under section 15D and the carriage is or was in accordance with the permission; and
(d) an aircraft is taken to be subject to section 17 if the aircraft is, or apart from subsection 17(1C) would be, prohibited from arriving in Australian territory from a place outside Australian territory, or from departing from Australian territory for a place outside Australian territory, without the permission of the Secretary.