Airline Passenger Protections (Pay on Delay)

Current status

This bill did not become law and is no longer proceeding.

Policy area

Government & democracy

What does this bill do?

Airlines flying to, from or within Australia would have to follow new passenger protection rules for delays, cancellations and being refused boarding.

Why was it introduced?

Rising airline complaints exposed weak passenger protections, with ACCCThe consumer regulator that the bill cites for airline complaint data and market monitoring. aviation complaints up nearly 200% since 2018 and major carriers left largely unaccountable. The bill requires the Transport MinisterThe federal minister the bill would require to write the new passenger rights rules and code of conduct. to write rules and a code of conduct covering delays, cancellations, denied boardingWhen an airline refuses to let a passenger board a flight, even though they have a booking or ticket. and improper conduct, including seating children beside a parent without extra fees.

Broader context

Australia already had a highly concentrated airline market and weaker passenger compensation rules than places such as Europe, the United Kingdom and Canada, while ACCCThe consumer regulator that the bill cites for airline complaint data and market monitoring. aviation complaints rose by nearly 200% from 2018 and delays, cancellations and denied boardingWhen an airline refuses to let a passenger board a flight, even though they have a booking or ticket. left travellers with little practical recourse. In response, Coalition senators introduced the Airline Passenger Protections (Pay on Delay) Bill 2024 to force the Transport MinisterThe federal minister the bill would require to write the new passenger rights rules and code of conduct. to write passenger-rights rules and an airline code of conduct, but the bill stalled in debate and lapsed when Parliament ended in July 2025.

Key criticism

The main criticism was that the bill was a narrow, poorly designed piece of politics rather than a serious fix for airline problems, and that it risked setting rules without the broader reform needed across the aviation sector. That case was raised by Labor speakers Tony Sheldon and Catryna Bilyk, who accepted delays and high fares were real problems but argued passenger rights should be settled through the government's wider aviation white paper process instead.

Who supported it?

Senator Bridget McKenzie and Senator Dean Smith introduced this bill. Speeches supporting it came from Liberal Party, Nationals, LNP.

Introduced in Senate 27 Feb 2024
Failed in Senate 21 July 2025
Did not reach House
Did not become law

Did it become law?

No

The bill did not complete passage through Parliament.

Final passage

No final passage

The bill has not completed passage and is no longer proceeding.

Time before failure

510 days

From introduction to the final recorded step before the bill stopped proceeding

Official record

View on APH

Parliament of Australia bill page

What does this bill do?

  1. Airlines flying to, from or within Australia would have to follow new passenger protection rules for delays, cancellations and being refused boarding.

  2. The Transport MinisterThe federal minister the bill would require to write the new passenger rights rules and code of conduct. would have to create an airline code of conduct to protect passengers and other people from improper behaviour by airlines.

  3. Foreign airlines in Australia would face the same consumer protection duties as Australian airlines, bringing Australia closer to rules already used in Europe, the United Kingdom and Canada.

  4. The Transport MinisterThe federal minister the bill would require to write the new passenger rights rules and code of conduct. would have 12 months to write the airline obligations rules after consulting the aviation industry, consumer advocates and relevant government agencies.

  5. Airlines would have to seat children aged 14 and under next to a parent or guardian without charging an extra fee.

Show source excerpts
  1. The purpose of this Bill is to require the Minister for Transport to make rules to prescribe certain obligations to passengers for airline carriers operating in Australian airspace. The obligations would be designed to protect passengers who experience a delay, cancellation or denial of boarding.
    Airline Passenger Protections (Pay on Delay) explanatory memorandum
  2. The Bill also requires the Minister to establish an airline code of conduct that provides for the protection of passengers and third parties from improper conduct by carriers.
    Airline Passenger Protections (Pay on Delay) explanatory memorandum
  3. In the international sector, airlines operating in Australia are already subject to similar requirements in other jurisdictions, such as the European Union, United Kingdom and Canada. The new rules would ensure foreign carriers operating in Australia are subject to the same consumer obligations as domestic carriers.
    Airline Passenger Protections (Pay on Delay) explanatory memorandum
  4. 4. Subclauses 4(1) and (2) would require the Minister to make rules (the carriers’ obligations rules) within 12 months of the commencement of the Act, but only after consultation with aviation industry stakeholders, consumer advocates and other relevant agencies.
    Airline Passenger Protections (Pay on Delay) explanatory memorandum
  5. The Bill also requires the Minister to make rules that ensure children aged 14 and under are seated next to a parent or guardian for no additional charge.
    Airline Passenger Protections (Pay on Delay) explanatory memorandum

Broader context for this bill

Australia already had a highly concentrated airline market and weaker passenger compensation rules than places such as Europe, the United Kingdom and Canada, while ACCCThe consumer regulator that the bill cites for airline complaint data and market monitoring. aviation complaints rose by nearly 200% from 2018 and delays, cancellations and denied boardingWhen an airline refuses to let a passenger board a flight, even though they have a booking or ticket. left travellers with little practical recourse. In response, Coalition senators introduced the Airline Passenger Protections (Pay on Delay) Bill 2024 to force the Transport MinisterThe federal minister the bill would require to write the new passenger rights rules and code of conduct. to write passenger-rights rules and an airline code of conduct, but the bill stalled in debate and lapsed when Parliament ended in July 2025.

  1. 2018

    ACCCThe consumer regulator that the bill cites for airline complaint data and market monitoring. aviation complaints begin a sharp rise

    The bill's explanatory material says complaints to the ACCCThe consumer regulator that the bill cites for airline complaint data and market monitoring. about aviation later rose by nearly 200% from this year, underscoring how weak consumer protections had become.

    Airline Passenger Protections (Pay on Delay) explanatory memorandum ↗
  2. 27 Feb 2024

    Sponsors cite airline concentration and weak accountability

    In the second reading speech, the sponsors argued Qantas and Virgin held about 93% of the domestic market and that passengers lacked meaningful alternatives when service failed.

    Second reading speech ↗
  3. 27 Feb 2024

    Coalition senators introduce a pay-on-delay passenger rights bill

    The bill was introduced to require the Transport MinisterThe federal minister the bill would require to write the new passenger rights rules and code of conduct. to set minimum obligations for delays, cancellations and denied boardingWhen an airline refuses to let a passenger board a flight, even though they have a booking or ticket., alongside a code of conduct for airlines.

    Hansard ↗
  4. 20 Mar 2024

    Senate debate links the bill to high fares and poor reliability

    Supporters said Australians were fed up with higher airfares, declining service standards and cancellation rates still below long-term reliability norms.

    Hansard ↗
  5. 15 May 2024

    Debate highlights the extra burden on regional travellers

    Speakers argued that cancellations and long delays hit regional Australians especially hard because many had already driven hours to reach an airport before a flight was disrupted.

    Hansard ↗
  6. 21 July 2025

    Bill lapses at end of Parliament

    The proposal never passed, so the minister was not required to create the new passenger-rights rules or airline code of conduct set out in the bill.

    Parliamentary timeline ↗

How did it move through Parliament?

House Senate
Introduced 27 Feb 2024

The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.

Introduced and read a first time

Second reading opened 27 Feb 2024

A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.

Second reading moved

Second reading debate 20 Mar 2024

The bill reached this recorded parliamentary step.

Scrutiny of Bills review 20 Mar 2024

The scrutiny committee recorded that it considered the bill in Scrutiny Digest 4 of 2024.

Considered

Collected source bundle
Second reading debate 15 May 2024

The bill reached this recorded parliamentary step.

Rural and Regional Affairs and Transport Legislation Committee; Committee report (24/03/2025) review 16 May 2024

Referred to Committee (16/05/2024): Senate Rural and Regional Affairs and Transport Legislation Committee; Committee report (24/03/2025)

Referred to committee

APH bill page notes
Lapsed at end of Parliament 21 July 2025

The bill reached this recorded parliamentary step.

The main case against this bill

The main criticism was that the bill was a narrow, poorly designed piece of politics rather than a serious fix for airline problems, and that it risked setting rules without the broader reform needed across the aviation sector. That case was raised by Labor speakers Tony Sheldon and Catryna Bilyk, who accepted delays and high fares were real problems but argued passenger rights should be settled through the government's wider aviation white paper process instead.

Recorded criticism was limited and focused on process and design, not on defending poor airline treatment of passengers.

Too narrow and not part of broader reform

Critics said the bill was not a properly designed, integrated aviation reform package and would be better considered through the government's broader white paper process. They argued it did not by itself solve deeper problems such as fares, delays and wider sector settings.

Raised by Labor senators Tony Sheldon and Catryna Bilyk Source ↗

Recorded votes

No recorded votes were found before this bill stopped proceeding.

Who spoke, and what they said

Start here — lead voices

Sponsor speech Supports

Bridget McKenzie

National Party • Senator 27 Feb 2024

McKenzie supports the bill and says it is a necessary step to strengthen airline passenger rights and force better accountability from carriers.

Read in Hansard ↗
Lead opposing voice Opposes

Tony Sheldon

Australian Labor Party • Senator 20 Mar 2024

Sheldon opposes the bill, arguing it is a political stunt rather than a serious aviation reform and saying passenger rights should be considered as part of the government’s broader white paper process.

Read in Hansard ↗
Lead voice Supports

Matthew Canavan

Liberal National Party • Senator 20 Mar 2024

Canavan supports the bill and says it is common sense because airlines should compensate passengers for cancellations, delays and lost baggage.

Read in Hansard ↗
Lead voice Supports

Anne Ruston

Liberal Party • Senator 15 May 2024

Ruston supports the bill and says it is needed because Australia’s airlines have delivered poor service, too many delays and cancellations, and inadequate compensation for passengers.

Read in Hansard ↗

All speeches by bloc

Labor

2 speakers · 2 oppose

  1. Catryna Bilyk Bilyk says Labor will not back the bill because it is a stunt and not a properly designed reform, arguing that aviation changes should come through the government’s white paper process instead.
    “A reform of the kind proposed in the bill may happen, but, through the white paper process, various policy approaches are being carefully considered and compared and well designed, taking into account the extensive feedback of stakeholders. For the sake of airline competition and the true interests of the travelling public, we want to engage in genuine reform, not just stunts.”

    Australian Labor Party • Senator • 15 May 2024

    Read the full speech in Hansard ↗

Coalition

8 speakers · 10 contributions · 8 support

  1. Sarah Henderson Sarah Henderson supports the bill and says it would protect airline passengers with stronger compensation, refund, baggage and treatment rules, plus better transparency and seating for minors.
    “I commend this bill. I commend what it would do for Australian airline passengers and for competition in the airline market and I again plead with the government to have a change of heart and to stop worrying about its deals with mates and start standing up for the Australian people.”

    Liberal Party • Senator • 15 May 2024

    Read the full speech in Hansard ↗
  2. Paul Scarr Paul Scarr supports the bill and says it would give airline passengers clear rights to compensation and minimum standards when flights are delayed or cancelled.
    “I'm very pleased to rise in support of this private senators' bill, the Airline Passenger Protections (Pay on Delay) Bill 2024. I do congratulate my good friends and colleagues Senator McKenzie and Senator Smith, who have been heavily involved in this bill. I also commend them both, especially Senator McKenzie for her passionate pursuit of fairness in the aviation sector for the Australian public.”

    Liberal Party • Senator • 15 May 2024

    Read the full speech in Hansard ↗
  3. Maria Kovacic Kovacic supports the bill and argues it is a fair, reasonable way to force airlines to treat passengers better when flights are delayed, cancelled or oversold.
    “This bill will tilt the balance from market giants to everyday Australians by protecting the rights of passengers in circumstances where delays, cancellations or denial of boarding occur. This bill instructs the minister to create rules for airlines within 12 months to ensure that passengers are compensated and treated fairly when they experience disruptions and delays. That's not unreasonable.”

    Liberal Party • Senator • 15 May 2024

    Read the full speech in Hansard ↗
  4. Dean Smith Dean Smith supports the bill and says it should pass quickly to force the government to bring in stronger airline consumer protections now, rather than leaving Australians exposed to delay and procrastination.
    “This private senator's bill is not a complicated piece of legislation. It says that the minister representing the government must consult within a specified time period to bring forward to this parliament a range of consumer protections that will substantially improve the experience of Australia's airline consumers.”

    Liberal Party • Senator • 20 Mar 2024

    Read the full speech in Hansard ↗
  5. Perin Davey 2 contributions Perin Davey supports the bill because she says it will make airlines accountable, put consumers first, and establish minimum standards for passengers affected by delays, cancellations and lost baggage.

    Hansard records 2 separate contributions by Perin Davey on this bill. They are grouped here so the speaker is listed once.

    Second reading speech National Party • Senator • 20 Mar 2024

    Perin Davey supports the bill because she says it will make airlines accountable, put consumers first, and establish minimum standards for passengers affected by delays, cancellations and lost baggage. She argues it is not a silver bullet, but it is needed to force action on unfair airline behaviour.

    “This bill isn't a silver bullet—I admit that—but this bill will require action to be taken. This bill will put the focus back on the consumers. It will prioritise the consumers. It will actually make the airlines accountable. They will have to justify what is a fair and reasonable delay or cancellation.”
    Read this contribution in Hansard ↗

    Second reading speech National Party • Senator • 15 May 2024

    Davey supports the bill and says it will make airlines accountable by setting minimum standards for passengers when flights are delayed, cancelled or denied boardingWhen an airline refuses to let a passenger board a flight, even though they have a booking or ticket.. She argues this is especially important for regional Australians and urges the Senate to back it so customers are put first.

    “This bill will establish minimum standards, which is not too much to ask. This bill will have standards for how passengers should be treated when they experience delays, cancellations and sometimes denial of boarding because of the airlines. It's not because of the fog, not because of safety issues, but because the airlines are treating customers as fools. I commend this bill to the Senate. I implore my colleagues to support this bill, hold the airlines to account and put customers first. It is good customer service and it is good common courtesy.”
    Read this contribution in Hansard ↗

Full record

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