Aviation Consumer Protection (Consequential Amendments and Transitional Provisions) Bill 2026 explained

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Aviation Consumer Protection (Consequential Amendments and Transitional Provisions) Bill 2026 explained

If passed, The Aviation Consumer Protection (Consequential Amendments and Transitional Provisions) Bill 2026 is one of four bills in the government's aviation consumer protection reform package. It amends the Air Navigation Act 1920 to exclude compliance with the new framework as a condition of international airline licences, and provides transitional arrangements for moving the existing Aircraft Noise Ombudsman from Airservices Australia to the Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts. The bill has passed the House of Representatives and is before the Senate.

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Evidence review

What this bill does

The Aviation Consumer Protection (Consequential Amendments and Transitional Provisions) Bill 2026 is one of four bills that together establish the government's Aviation Consumer Protection Framework. While the main Aviation Consumer Protection Bill 2026 creates the substantive regulatory architecture — including the Aviation Consumer Protections Charter, the Aviation Consumer Ombudsperson (ACO) and the Aviation Consumer Protection Authority (ACPA) — this Consequential Amendments Bill handles the technical and transitional matters needed to make the new framework work alongside existing legislation.

The bill contains two schedules. Schedule 1 makes a consequential amendment to the Air Navigation Act 1920, replacing subsection 16(2) to exclude compliance with the new Aviation Consumer Protection Framework as a condition of any licence, permission or approval granted regarding an airline making international flights. This ensures the new framework does not inadvertently impose additional licensing conditions on international air services. Schedule 2 contains transitional provisions for complaints, documents and records relating to the movement of the existing Aircraft Noise Ombudsman (ANO) from Airservices Australia into the Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts.

Evidence review

The broader reform package

This bill cannot be understood in isolation. It was introduced alongside three companion bills: the Aviation Consumer Protection Bill 2026 (the main bill), the Aviation Consumer Protection Levy Bill 2026 and the Aviation Consumer Protection Levy (Collection) Bill 2026. Together, these bills implement commitments made in the 2024 Aviation White Paper and represent the most significant reform of aviation consumer protection in Australia since the establishment of the Airline Customer Advocate in 2012.

The reforms address longstanding criticisms of the existing consumer protection framework. The Airline Customer Advocate, funded and managed by participating airlines (Jetstar, Qantas, Virgin Australia), had been criticised for excessive complaint ineligibility, a perceived lack of independence, limited powers and incomplete industry coverage. The government concluded in the 2024 Aviation White Paper that the Airline Customer Advocate 'has not delivered an effective complaint resolution service in the way it was intended'.

Under the new framework, a statutory Aviation Consumer Protections Charter will set minimum standards for airlines and airports. These standards will be enforced by a regulator (the ACPA), while an independent dispute resolution scheme (the ACO) will handle consumer complaints. An industry levy will cost-recover the administration of the scheme. The government has stated it intends to exempt airports with fewer than one million passengers per year.

Evidence review

Transition of the Aircraft Noise Ombudsman

A significant component of this bill is the transitional provisions relating to the Aircraft Noise Ombudsman. Under the main bill, a new statutory Aircraft Noise Ombudsperson will be established within the Department to review the management of aircraft noise by Airservices Australia and the Department of Defence. This replaces the existing Aircraft Noise Ombudsman, which currently operates within Airservices Australia.

The transitional provisions in Schedule 2 of the Consequential Amendments Bill handle the practical transfer of complaints, documents and records from the old body to the new one. This ensures that noise complaints lodged with the existing Ombudsman are not lost during the transition and that the new Ombudsperson can continue handling ongoing matters. The movement of the noise oversight function from Airservices Australia — an industry body — into the Department reflects the broader reform objective of establishing independent, government-administered consumer oversight.

Evidence review

Parliamentary scrutiny and concerns

The bill package has been referred to the Senate Rural and Regional Affairs and Transport Legislation Committee for inquiry, with a report due by 19 June 2026. The committee reported on that date, allowing the main bill to proceed to a vote in the House on 25 and 29 June 2026, where it passed.

The Senate Standing Committee for the Scrutiny of Bills has raised a number of concerns with the package, including: the use of delegated legislation to modify or exempt primary legislation; significant matters being left to delegated legislation rather than the bill itself; abrogation of the privilege against self-incrimination; impacts on privacy; broad delegation of administrative powers; and the imposition of levies through delegated legislation. These scrutiny concerns are likely to be debated when the bill reaches the Senate.

The Parliamentary Library's Bills Digest also noted that the package lacks a published Impact Analysis, meaning the cost impost on industry — and the extent to which costs may be passed through to consumers in higher airfares — remains unclear.

Evidence review

Current status and what comes next

The bill was introduced in the House of Representatives on 1 April 2026. Second reading debate occurred on 25 and 29 June 2026, with the second and third readings agreed to on 29 June. The bill was introduced in the Senate on 30 June 2026 and the second reading was moved the same day. As of July 2026, the bill is before the Senate awaiting further debate.

No proposed amendments have been circulated for this bill at the time of writing. However, amendments may be proposed during Senate debate. If the bill passes the Senate without amendment, it will proceed to royal assent. If the Senate amends the bill, it will return to the House for consideration of those amendments.

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