On 1 April 2026, the Federal government introduced into the Commonwealth Parliament a package of four bills that will, if passed, establish the new aviation consumer protection framework.

It is currently intended that the framework will apply to airlines operating domestic flights within Australia, airlines operating international flights to and from Australia, Australian airports with more than 1 million passengers per year (meaning smaller airports in regional Australia which are commonly council owned will likely be exempted from the framework), and, potentially, airport accessibility services.

The stated aim of the proposed framework is to improve the consumer aviation travel experience and is comprised of four elements:

• Aviation Consumer Protection Charter;
• Aviation Consumer Protection Authority;
• Aviation Consumer Ombudsman; and
• Aircraft Noise Ombudsman.

Aviation Consumer Protections Charter

The proposed Aviation Consumer Protections Charter will prescribe a set of minimum standards that airlines, relevant airports, and certain aviation service providers will be required to comply with when offering and supplying airline, airport and certain aviation services to aviation consumers.

Whilst the Charter has not yet been finalised, a draft version of the Charter includes:

• a requirement for airlines to provide certain mandated information to aviation consumers;
• a right for passengers to make minor changes to their booking without incurring a fee;
• rights relating to the information, compensation, and other accommodations an airline is required to provide in the event of disruption or delay of a flight;
• obligations imposed upon airlines if baggage is lost or delayed;
• mandatory complaint handling processes;
• a requirement for all entities covered by the Charter to publish and comply with a customer service statement; and
• mandatory obligations relating to accessibility and inclusion for disabled persons.

Aviation Consumer Protection Authority

The Aviation Consumer Protection Authority (ACPA) is a new regulator with various powers to monitor and enforce compliance with the Charter and to, potentially, impose penalties for non-compliance.

Aviation Consumer Ombudsperson

The Aviation Consumer Ombudsperson will be an independent body responsible for receiving and resolving consumer complaints where a consumer has been unable to resolve the issue directly with the airline, airport or other service provider.

In addition to resolving complaints, the Ombudsperson will also provide guidance to both consumers and the industry in relation to the operation of the Charter and will likely be empowered to refer any systemic or serious breaches of the Charter to the ACPA or other bodies.

The Ombudsman will be overseen by a board comprising equal representation from industry and consumers.

Aircraft Noise Ombudsperson

Currently, aircraft noise complaints are received and dealt with by Airservices Australia and the Department of Defence.

Once the new suite of legislation is passed, it will create a new Aircraft Noise Ombudsperson with a mandate to conduct independent reviews of how aircraft noise complaints are being managed by ASA and DOD and make recommendations to government relating to policy or regulatory changes.

How will the framework be funded?

The bills introduced into Parliament include levy bills which permit the Minister to impose and collect levies from regulated airlines, airports, and other aviation service providers in order to fund the administrative expenses associated with implementing and operating the framework including enforcement of the Charter, investigation of non-compliance with the Charter, and regulation and enforcement of the Ombudsperson.

Next steps

The Minister’s second reading speech for the Aviation Consumer Protection Bill 2026 acknowledges that airlines have been working under difficult circumstances as a result of the current Middle East conflict and ever-increasing global uncertainty but same has not deterred or altered plans for implementation of the new framework.

The Minister has, however, indicated that decisions relating to the imposition of levies will be mindful of the burden that has been imposed upon the aviation industry by virtue of international factors outside the industry’s control.

The four bills have been referred to the Senate Rural and Regional Affairs and Transport Legislation Committee for review with the Committee due to report upon its findings on 19 June 2026.

This article was written by Matthew Brooks, Partner, Vicki Jenner, Special Counsel, and Liam Kendell, Solicitor.