Aviation Consumer Protection Bill 2026: new complaint scheme and noise ombudsperson explained

The short answer

Aviation Consumer Protection Bill 2026: new complaint scheme and noise ombudsperson explained

The Aviation Consumer Protection Bill 2026 is a government bill introduced in the House of Representatives on 1 April 2026 as part of a package of four bills. It would establish Australia's first dedicated aviation consumer protection framework, imposing enforceable requirements on airlines and airport operators regarding the offer and supply of services, creating a scheme for handling eligible passenger complaints, and establishing the office of the Aircraft Noise Ombudsperson to review how aircraft noise management agencies handle noise in Australian territory. The bill passed all stages in the House of Representatives on 29 June 2026 — with second reading amendments proposed by three crossbench MPs — and was introduced in the Senate on 30 June 2026, where the second reading was moved. It was referred to the Senate Rural and Regional Affairs and Transport Legislation Committee, which reported on 19 June 2026 (before the House votes). The bill now awaits second reading debate and a vote in the Senate.

This is a federal system guide. State constitutions, parliaments and local-government laws can allocate comparable functions differently.

The useful question is not only “what is the rule?” but also “who administers it, which document controls it, and when might it change?” That distinction prevents an accurate general explanation from becoming wrong advice in a particular election, chamber or policy setting.

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What the bill proposes

The bill establishes a comprehensive aviation consumer protection framework with three main components. First, it creates enforceable consumer obligations for airlines and airport operators covering matters such as flight delays and cancellations, refunds, compensation, passenger communication, and service standards.

Second, it establishes a formal complaint-handling scheme under which passengers can escalate unresolved complaints to an independent body for determination. This body would have the power to investigate complaints, make binding determinations, and order remedies such as refunds or compensation.

Third, it creates the statutory office of the Aircraft Noise Ombudsperson, tasked with reviewing how the relevant noise management agency — Airservices Australia — manages and responds to aircraft noise complaints in Australian territory. The ombudsperson would be an independent statutory officer with powers of investigation and public reporting.

The bill does not stand alone: it was introduced alongside three companion bills — the Aviation Consumer Protection Levy Bill 2026, the Aviation Consumer Protection Levy (Collection) Bill 2026, and the Aviation Consumer Protection (Consequential Amendments and Transitional Provisions) Bill 2026 — which together establish the funding mechanism and make necessary amendments to existing legislation. All four bills must pass for the scheme to operate.

The framework is administered through the Infrastructure, Transport, Regional Development, Communications, Sport and the Arts portfolio. The minister would have power to prescribe detailed industry standards through legislative instruments, covering matters such as maximum response times for complaints, minimum compensation amounts for specified disruptions, and communication requirements during service interruptions.

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Who is affected

The bill directly affects three groups. Airlines operating domestic and international services to and from Australia would be subject to new consumer protection obligations, with enforceable standards for how they handle delays, cancellations, refunds and passenger communication. This includes both Australian carriers and foreign airlines operating routes to and from Australian airports.

Airport operators — including the major capital city airports such as Sydney, Melbourne, Brisbane, Perth and Adelaide, as well as regional airport operators — would also face enforceable service standards covering matters such as terminal facilities, passenger amenities, and accessibility.

Passengers would gain access to a formal complaint scheme with independent oversight. Currently, passengers who are dissatisfied with an airline or airport's response to a complaint have limited avenues for escalation beyond approaching the Australian Competition and Consumer Commission or taking legal action. The bill would create a dedicated, accessible pathway for dispute resolution.

Communities affected by aircraft noise, particularly those near major airports and under flight paths, would have access to the new Aircraft Noise Ombudsperson as an avenue for review when they are dissatisfied with how Airservices Australia has handled their noise concerns. This addresses a long-standing gap in noise complaint oversight.

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Current status and progress

The bill has made substantial progress through the parliamentary process. It was introduced in the House of Representatives on 1 April 2026, with the second reading moved the same day. Second reading debates occurred on 25 June and 29 June 2026, and on 29 June the second reading was agreed to and the third reading was agreed to, completing the bill's passage through the House.

During the House stage, three second reading amendments were circulated — by Elizabeth Watson-Brown MP (Greens), Michael McCormack MP (Nationals), and Monique Ryan MP (Independent). The nature of these amendments and which, if any, were agreed to can be found in the House of Representatives Votes and Proceedings for 29 June 2026.

The bill was introduced in the Senate on 30 June 2026, the day after House passage, and the second reading was moved. The Senate Rural and Regional Affairs and Transport Legislation Committee had already inquired into the bill and reported on 19 June 2026 — before the House votes. This early committee scrutiny means the Senate already has a detailed analysis to inform its debate.

The Senate Standing Committee for the Scrutiny of Bills also considered the bill and reported in Scrutiny Digest 6 of 2026 on 6 May 2026. As at 17 July 2026, the bill awaits second reading debate in the Senate, with the companion levy bills also requiring passage.

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How the complaint scheme would work

The bill would create a tiered complaint resolution process. Passengers who experience problems with an airline or airport service would first lodge a complaint directly with the airline or airport operator. This internal dispute resolution step is standard across consumer protection frameworks and gives the service provider an opportunity to resolve the issue directly.

If the complaint is not resolved to the passenger's satisfaction within a prescribed timeframe, the passenger could escalate the matter to the independent complaint-handling body established under the bill. That body would have powers to investigate, make determinations, and in some cases order remedies such as refunds or compensation.

The bill would also give the minister power to prescribe industry standards through legislative instruments, setting benchmarks for matters such as maximum response times, minimum compensation amounts for specified disruptions, and communication requirements during service interruptions. These standards would be enforceable, not merely aspirational.

The scheme is intended to operate alongside — rather than replace — existing consumer protections under the Australian Consumer Law. The Australian Consumer Law provides general protections against misleading conduct and guarantees of acceptable quality, but it does not provide aviation-specific remedies for delays, cancellations or service failures. The bill fills this gap with tailored protections for air travellers.

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The Aircraft Noise Ombudsperson

The creation of the Aircraft Noise Ombudsperson is a distinct component of the bill, separate from the consumer complaint scheme. The ombudsperson would be an independent statutory officer with the power to review the decisions, actions and processes of the aircraft noise management agency — currently Airservices Australia — in relation to the management of aircraft noise in Australian territory.

The ombudsperson could receive complaints from individuals and community groups, conduct own-motion investigations into systemic noise issues, make recommendations to the noise management agency for process improvements, and report publicly on its findings. The role is designed to provide independent scrutiny of how the noise management agency balances the competing interests of aviation efficiency and community amenity.

Importantly, the ombudsperson would not have the power to direct aircraft flight paths or override operational safety decisions made by Airservices Australia or the Civil Aviation Safety Authority. Its powers are limited to review, recommendation and public reporting.

Aircraft noise has been a persistent source of community concern, particularly around major airports such as Sydney, Brisbane and Melbourne. The ombudsperson would give communities a formal avenue for having their concerns independently assessed, something that has been missing from Australia's aviation regulatory framework.

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How the bill compares to international schemes

The bill draws on international models for aviation consumer protection, though it stops short of replicating the most prescriptive schemes. The European Union's Regulation EC 261/2004, for example, mandates fixed compensation amounts for flight delays and cancellations — up to €600 per passenger depending on flight distance — and has been in force since 2005.

The Australian bill takes a more flexible approach: rather than writing fixed compensation amounts into primary legislation, it gives the minister power to prescribe industry standards through legislative instruments. This allows compensation and service standards to be adjusted over time without further legislation, but it also means the specific consumer entitlements are not yet known as at July 2026.

The United States Department of Transportation has also introduced aviation consumer protection rules, including requirements for automatic refunds for significant delays and cancellations. Canada introduced its Air Passenger Protection Regulations in 2019, which set out compensation obligations for airlines based on the cause and duration of disruptions.

The Australian bill would bring domestic law closer to these international benchmarks, providing passengers with enforceable rights that go beyond the general consumer protections currently available under the Australian Consumer Law.

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What happens next

The bill is now in the Senate, having been introduced on 30 June 2026. The Senate must debate and vote on the second reading, and if agreed, consider the bill in detail — including any amendments circulated by Senators.

The bill must pass the Senate in the same form as the House (or with amendments that the House subsequently agrees to) before it can proceed to Royal Assent. The companion levy bills must also pass the Senate, as the consumer protection scheme requires a funding mechanism.

Observers should watch for Senate debate dates on the Notice Paper and for any proposed Senate amendments. The crossbench composition of the Senate means the government may need to negotiate to secure passage.

If the bill passes, regulations setting out the detailed industry standards and complaint-handling procedures would need to be made before the scheme commences. The transition period between passage and commencement would allow airlines, airports and the government to establish the necessary administrative infrastructure.

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