Commonwealth Numbered Regulations - Explanatory Statements

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AIR NAVIGATION (ESSENDON AIRPORT) AMENDMENT REGULATIONS 2002 (NO. 1) 2002 NO. 123

EXPLANATORY STATEMENT

Minute No:       - Minister for Transport and Regional Services

Subject - Air Navigation Act 1920

Air Navigation (Essendon Airport) Amendment Regulations 2002 (No. 1)

Subsection 26(1) of the Air Navigation Act 1920 provides that the Governor-General may make regulations, not inconsistent with this Act:

(a) ....

(b) ...

(c)       in relation to air navigation within a Territory or to or from a Territory;

(d)       in relation to air navigation, being regulations with respect to trade and commerce with other countries among the States;

(e)       in relation to air navigation, being regulations with respect to any other matter with respect to which the Parliament has power to make laws.

Subsection 26(2)(e) provides that regulations may be made for the establishment, maintenance, operation and use of aerodromes.

Subregulations 16(1) and 16(2) provide for the Secretary to issue a notice, to an operator, requesting information about the noise level of an aircraft or information relevant to determining whether, at the time an aircraft took off or landed, it was involved in an emergency. The notice must state the information to be provided, how the information is to be provided, and that the operator must comply with the notice within 30 days of receiving the notice.

Subregulations 16(3) and 16(4) provide that it is a strict liability offence if an operator fails to comply with a notice issued under subregulation 16(1).

The Amendment Regulations amend the Air Navigation (Essendon Airport) Regulations 2001 to ensure that the offence provision in the regulation complies with the Criminal Code Act 1995 (the Criminal Code) and reflects the policy intention.

The Amendment Regulations:

(a) clarify the physical elements (conduct, circumstance and result) and the fault elements (intention and recklessness) of the offence;

(b) define the term engage in conduct used in the Regulations; and

(c) remove the application of strict liability to correct a drafting error and give effect to the policy intention that the prosecution is required to prove the fault elements of the offence.

Details of the Amendment Regulations are set out in the Attachment.

The Amendment Regulations commence on gazettal.

Authority:       Subsection 26(2)(e) of the Air Navigation Act 1920

ATTACHMENT

Item 1 provides that the name of the Regulations is the Air Navigation (Essendon Airport) Amendment Regulations 2002. (No. 1)

Item 2 provides that the Regulations commence on Gazettal.

Item 3 provides that that Schedule 1 to the Amendment Regulations amend the specified Regulation.

Schedule 1, Item 1 amends subregulations 16(3) and 16(4) as follows:

•       paragraphs 16(3)(a) and 16(3)(b) set out the physical elements of circumstance to which the fault element of recklessness will apply (see subsection 5.6(2) of the Criminal Code). Paragraph 16(3)(c) sets out the physical element of conduct to which the fault element of intention will apply (see subsection 5.6(1) of the Criminal Code). Paragraph 16(3)(d) sets out the physical element of result to which the fault element of recklessness will apply (see subsection 5.6(2) of the Criminal Code),

•       defines the term engage in conduct. The definition is consistent with the definition of this term in the Criminal Code; and

•       removes the application of strict liability to correct a drafting error and give effect to the policy intention that the prosecution is required to prove the fault elements of the offence.