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This is a Bill, not an Act. For current law, see the Acts databases.
2022-2024
The Parliament of the
Commonwealth of Australia
THE SENATE
Presented and read a first time
Airline Passenger Protections (Pay on
Delay) Bill 2024
No. , 2024
(Senators McKenzie and Dean Smith)
A Bill for an Act to require the Transport Minister
to make rules prescribing carriers' obligations, and
for related purposes
No. , 2024
Airline Passenger Protections (Pay on Delay) Bill 2024
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Definitions ......................................................................................... 2
4
Transport Minister must make carriers' obligations rules ................. 2
5
Transport Minister must make aviation industry code of conduct ..... 4
No. , 2024
Airline Passenger Protections (Pay on Delay) Bill 2024
1
A Bill for an Act to require the Transport Minister
1
to make rules prescribing carriers' obligations, and
2
for related purposes
3
The Parliament of Australia enacts:
4
1 Short title
5
This Act is the
Airline Passenger Protections (Pay on Delay) Act
6
2024
.
7
2 Commencement
8
(1) Each provision of this Act specified in column 1 of the table
9
commences, or is taken to have commenced, in accordance with
10
Section 3
2
Airline Passenger Protections (Pay on Delay) Bill 2024
No. , 2024
column 2 of the table. Any other statement in column 2 has effect
1
according to its terms.
2
3
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. The whole of
this Act
The day after this Act receives the Royal
Assent.
Note:
This table relates only to the provisions of this Act as originally
4
enacted. It will not be amended to deal with any later amendments of
5
this Act.
6
(2) Any information in column 3 of the table is not part of this Act.
7
Information may be inserted in this column, or information in it
8
may be edited, in any published version of this Act.
9
3 Definitions
10
In this Act:
11
Australia
, when used in a geographical sense, includes the external
12
Territories.
13
carrier
means a person engaged, or proposing to engage, in a
14
passenger-carrying operation.
15
passenger-carrying operation
means an air transport operation for
16
the carriage of passengers.
17
Transport Minister
means the Minister administering the
Civil
18
Aviation (Carriers' Liability) Act 1959
.
19
4 Transport Minister must make carriers' obligations rules
20
(1) Within 12 months of the commencement of this Act, the Transport
21
Minister must make rules (the
carriers' obligations rules
)
22
prescribing carriers' obligations in relation to flights to and from
23
Australia, and within Australia, including connecting flights.
24
Section 4
No. , 2024
Airline Passenger Protections (Pay on Delay) Bill 2024
3
(2) Before making the carriers' obligations rules, the Transport
1
Minister must consult with relevant stakeholders in the aviation
2
industry, consumer groups and relevant agencies.
3
(3) Without limiting subsection (1), the carriers' obligations rules must
4
make provision for and in relation to the following:
5
(a) a carrier's obligation to make the terms and conditions of
6
carriage, and information regarding any recourse available
7
against the carrier readily available to passengers in language
8
that is simple, clear and concise;
9
(b) a carrier's obligation to provide refunds, and any other
10
compensation owed, in a timely manner;
11
(c) a carrier's obligations in the case of flight delay, flight
12
cancellation or denial of boarding, including:
13
(i) the minimum standards of treatment of passengers that
14
the carrier is required to meet when the delay,
15
cancellation or denial of boarding is within the carrier's
16
control; and
17
(ii) the minimum standards of treatment of passengers that
18
the carrier is required to meet when the delay,
19
cancellation or denial of boarding is within the carrier's
20
control, but is required for safety purposes, including in
21
situations of mechanical malfunctions; and
22
(iii) the carrier's obligation to ensure that passengers
23
complete their itinerary when the delay, cancellation or
24
denial of boarding is due to situations outside the
25
carrier's control, such as natural phenomena and
26
security events; and
27
(iv) the carrier's obligation to provide timely information, in
28
language that is simple, clear and concise; and
29
(v) the carrier's obligation to provide assistance to
30
passengers in the event of a disruption of service;
31
(d) the minimum compensation for lost or damaged baggage that
32
a carrier is required to pay, separate to any insurance or
33
obligations to pay compensation arising out of an
34
international treaty;
35
(e) a carrier's obligation to facilitate the assignment of seats to
36
children under the age of 14 years in close proximity to a
37
Section 5
4
Airline Passenger Protections (Pay on Delay) Bill 2024
No. , 2024
parent, guardian or tutor at no additional cost and to make the
1
carrier's terms and conditions and practices in this respect
2
readily available to passengers;
3
(f) a carrier's obligations in the case of tarmac delays over 3
4
hours, including the obligation to provide timely information
5
and assistance to passengers, as well as the minimum
6
standards of treatment of passengers that the carrier is
7
required to meet.
8
(4) The carriers' obligations rules must specify the legislative power or
9
powers of the Parliament in respect of which the rules are made.
10
5 Transport Minister must make aviation industry code of conduct
11
(1) Within 12 months of the commencement of this Act, the Transport
12
Minister must make rules providing for a code of conduct for the
13
aviation industry (the
aviation industry code of conduct
) that
14
applies to carriers and provides for the protection of passengers and
15
third parties from improper conduct by carriers.
16
(2) The purpose of the aviation industry code of conduct is to ensure:
17
(a) the fair and proper treatment of passengers; and
18
(b) that passengers reach their intended destination as booked.
19
(3) Before making the aviation industry code of conduct, the Transport
20
Minister must consult with relevant stakeholders in the aviation
21
industry, consumer groups and relevant agencies.
22
(4) Without limiting subsections (1) or (2), the aviation industry code
23
of conduct must make provision for and in relation to the
24
following:
25
(a) the recourse or intervention available to passengers in the
26
event of improper conduct by carriers;
27
(b) requirements for a consistent definition of a ticket of carriage
28
to apply to all tickets of carriage issued by carriers, including
29
the minimum rights which passengers and third parties are
30
guaranteed when they purchase a ticket of carriage from a
31
carrier.
32
Section 5
No. , 2024
Airline Passenger Protections (Pay on Delay) Bill 2024
5
(5) The aviation industry code of conduct must specify the legislative
1
power or powers of the Parliament in respect of which the rules are
2
made.
3