Commonwealth Numbered Regulations - Explanatory Statements

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AIR NAVIGATION (COOLANGATTA AIRPORT CURFEW) AMENDMENT REGULATIONS 2001 (NO. 1) 2001 NO. 145

Statutory Rules 2001 No. 145

Issued by the authority of the Minister for Transport and Regional Services

Subsection 26(1) of the Air Navigation Act 1920 provides that the Governor-General may make regulations prescribing matters, inter alia:

"...(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 and among the States; and

(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."

The Air Navigation (Coolangatta Airport Curfew) Regulations 2001 (Curfew Regulations) were introduced to put in place a regulated curfew for Coolangatta Airport

The Amendment Regulations replaced the definition of "Annex" which was contained in Subregulation 5(1) of the Curfew Regulations with a correct definition. In this sub-regulation, "Annex" was defined as meaning 'volume 1 of Annex 16 to the Convention on International Civil Aviation concluded at Chicago on 7 December 1994...'. The date in this definition was identified as being incorrect, and therefore the Amendment Regulations replaced that definition with the following: "Annex means volume 1 of Annex 16 to the Chicago Convention.". There is no need for a more specific definition as the Chicago Convention (including the date it was concluded) is incorporated in Schedule 1 to the Air Navigation Act 1920.

Details of the Amendment Regulations are attached.

The Amendment Regulations commenced on gazettal.

ATTACHMENT

Item 1 - Name of Regulations

The Regulations are the Air Navigation (Coolangatta Airport Curfew) Amendment

Regulations 2001 (No. 1)

Item 2 - Commencement

The Regulations commenced on gazettal.

Item 3 - Amendment

The Air Navigation (Coolangatta Airport Curfew) Regulations 1999 were amended as set out in Schedule 1 to the Regulations.

Schedule 1 - Amendments

Item 1

The definition of Annex in Subregulation 5(1) of the Curfew Regulations was replaced with the following: "Annex means volume 1 of Annex 16 to the Chicago Convention".