Commonwealth Numbered Regulations - Explanatory Statements

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Issued by the authority of the Minister for Land Transport

Air Navigation Act 1920

Air Navigation Regulations (Amendment)

Subsection 26(1) of the Air Navigation Act 1920 (the Act) provides that the Governor-General may make regulations for the purposes of the Act.

On 17 December 1990 regulations were made amending the Air Navigation Regulations to impose certain restrictions on air navigation to or from Iraq and Kuwait as required by United Nations Resolution 670 (1990).

In view of the liberation of Kuwait and following the adoption of United Nations Security Council Resolution 686 (1991), all sanctions measures against Kuwait which were taken in the context of the implementation of Australian sanctions against Iraq pursuant to United Nations Security Council Resolutions should be repealed.

These amendments to the Air Navigation Regulations delete all mention of Kuwait from regulation 311D which deals with the prohibition of aircraft flying to or from Kuwait or Iraq.

In particular, the effect of these amendments is that it is no longer necessary under regulation 311D to seek the approval of the Secretary to the Department of Transport and Communications for:

-       flights by Australian registered aircraft carrying cargo to or from Kuwait;

-       take-offs by foreign aircraft carrying cargo to or from Kuwait; and

-       flights over or landings in Australia by an aircraft that has come from or whose destination is Kuwait.

In accordance with United Nations Security Council Resolution 686 (1991), sanctions under regulation 311D continue against Iraq.

The amending Regulations commenced on the date of their notification in the Gazette.

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