Commonwealth Numbered Regulations - Explanatory Statements

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AIR NAVIGATION REGULATIONS (AMENDMENT) 1993 NO. 265

STATUTORY RULES 1993 No. 265

Issued by the authority of the Minister for Transport and Communications

Air Navigation Act 1920

Air Navigation Regulations (Amendment)

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

Regulation 107 of the Air Navigation Regulations (the Regulations) deals with the provision and subsequent publication of statistics relating to aviation. The amendments to the Regulations amend this particular regulation.

Specifically:

•       clause 2.1 clarifies the question of who can be requested to furnish information relating to a particular aircraft. Subregulation 107(1) previously provided this to be the aircraft's owner. But the owner (owing to, for example, his or her leasing out of the aircraft) is often not able to obtain the information. The subregulation has been amended to provide that either the aircraft's registered owner or the aircraft's operator can be requested to provide the necessary information. The amendments made by clause 2.1 also clarify the situation as to what type of information may be requested;

•       subregulation 107(3), essentially, restricts the subsequent communication of certain types of information obtained under regulation 107 (subject to specified provisos such as obtaining consent to do so, etc). Clause 2.2 ties both subregulations 107(1) and 107(2) into this provision;

•       clause 2.3 makes a technical change to paragraph 107(3)(b), which is consequential upon the amendment made by clause 2.1;

•       clause 2.4, firstly, clarifies subregulation 107(5), which deals with the provision of information to the Secretary, or an authorised officer, by airlines. The information which may be required would relate to items detected during screening for the purposes of aviation security;

•       clause 2.4 introduces new subregulation 107(6), which extends the range of persons that can be required to provide information relating to aviation security (to include aerodrome operators). This new provision requires an operator of an aerodrome to provide information, as requested, relating to the aviation security of his or her aerodrome;

•       clause 2.4 introduces new subregulation 107(7) which provides that it is an offence for a person who is required to provide information under regulation 107 to give false or misleading information. (Note that paragraph 26(2)(k) of the Act provides for the making of regulations imposing penalties not exceeding $5,000 or imprisonment for a term of two years, or both, for a contravention of, inter alia, a direction, instruction or condition issued, given or made or imposed under, or in force by the virtue of, the regulations.); and finally

•       clause 2.4 introduces new subregulation 107(8) which makes it an offence to fail to provide information requested under regulation 107. The operation of this offence provision is subject to subsection 4K(2) of the Crimes Act 1914 (which, essentially, provides that where a person is required to do an act or thing within a particular period or before a particular time, and refusal or failure to do so is an offence, then the person is guilty of an offence in respect of each day during which he or she refuses or fails to comply with the requirement, including the day of a conviction for any such offence or any later day).

The amendments to the Regulations commenced on the date of Gazettal.