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f. own-use charter flights.
1.5.2 Operators of any flight included in one of the categories above are
required under subsection 15A(7), within 14 days after the end of
the flight, to give a written notice to the Assistant Secretary,
International Relations Branch, at the address in GEN 1.1 para
2.3a., setting out the following details in relation to the flight and the
passengers, cargo and mail:
a. the name and address of the charterer;
b. the name and address of the charter operator;
c. the type and capacity of the aircraft;
d. whether the flight was a single charter flight or part of a program
of charter flights;
e. if the aircraft carried cargo, the type of cargo;
f. the following particulars of the flight:
(1) the place where the flight began;
(2) the place where the flight ended;
(3) any intermediate stopping places, specifying at which
places passengers, cargo or mail were taken on or
discharged;
(4) the dates of departure from, and arrival at, the places
mentioned in the preceding subparagraphs;
g. whether the flight was a “single entity freight charter flight” as
defined in para 1.5.6 below; and
h. whether the flight was an “own use charter flight” as defined in
para 1.5.6 below.
1.5.3 Operators may provide details of more than one flight in a single
notification provided that the Department receives notification of
all flights within 14 days after the end of each individual flight. If
Australian authorities find that charter flights coming within the
above categories are being repeated in close proximity, operators
may be required to submit applications for approval of any further
flights.
1.5.4 Any proposed flights to or from the following countries, or involving
the carriage of passengers or cargo between Australia and the
following countries, may not be operated without the prior approval
of the Secretary, DOTARS:
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a. Afghanistan; and
b. Iraq.
Changes to this list shall be notified by NOTAM as required.
1.5.5 All operators should note the reference to security requirements in
para 1.10 and aircraft noise requirements in para 1.14.1.
1.5.6 The determination referred to in para 1.5.1 defines the following
terms:
“charter flight” means a flight for traffic purposes into or out of
Australian territory not forming part of an approved scheduled
international air service;
“own-use charter” means a flight where the entire capacity of the
aircraft is chartered by a single organisation or individual to carry
its own staff or passengers who are an affinity group (ie, members
of organisations established mainly for purposes other than travel)
or to carry cargo it owns for its own use;
“single charter” means a one-off charter flight, being a charter flight
which is not part of a program of charter flights operating over the
same route;
“single-entity freight charter” means a freight charter flight or
flights where the whole aircraft is chartered by a single
organisation or individual and the consignment is homogeneous
(eg, computers, meat, livestock or horses) and does not include
consignments consolidated by freight forwarders.
1.5.7 At the same time that permission is sought from DOTARS and the
CASA, an aircraft operator, through the designated
representative, must obtain and agree to the conditions of use
(including aircraft charges) or similar policies as applied by each
airport owner or operator. Airport Owners and Operators are listed
in GEN 1.1 para 2.3 and ERSA FAC.
1.6 International Flights by Foreign Aircraft not Possessing
Nationality of Contracting State to The Chicago Convention
1.6.1 For international flights over or into Australian territory where the
carrier is registered in a State which is not a party to the
Convention on International Civil Aviation, the operator shall
obtain prior permission through diplomatic channels. All such
requests must be in writing.
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1.7 Flights by Foreign “State Aircraft”
1.7.1 Definition of State Aircraft. “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/her duties as such a member), other than any aircraft that
by virtue of registration under the regulations is an Australian
aircraft; and
b. aircraft used in the military, customs, or police services of a
country other than Australia.
　
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