Commonwealth Numbered Regulations - Explanatory Statements

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AIR NAVIGATION AMENDMENT REGULATIONS 2003 (NO. 1) 2003 NO. 5

EXPLANATORY STATEMENT

Statutory Rules 2003 No. 5

Minute No. 2003/02 - Minister for Transport and Regional Services

Subject       Air Navigation Act 1920

Air Navigation Amendment Regulations 2003 (No. 1)

Subsection 26(1) of the Air Navigation Act 1920 ('the Act') provides specifically that the Governor-General may make regulations for the purpose of the Act. Subsection 26(2)(a) of the Act allows the Governor-General to make regulations, not inconsistent with the Act, in relation to aviation security.

Schedule 1 of the Air Navigation Regulations 1947 ('the Regulations') provides a list of items which are defined as weapons, and thus prohibited in security sensitive areas at an airport. The previous Schedule was outdated and did not reflect recent significant increases in the threat to security in the post-September 11 environment. Many items can be adapted for use as weapons, even though they are not conventionally manufactured for that purpose. The Amendment Regulations expand and strengthen the list and items 18 and 19 ensure that Schedule 1 is not overly narrow in describing what is a weapon.

Details of the Regulations are set out in the Attachment.

The Regulations commenced on gazettal.

Authority: Section 26(2)(a) of the Air Navigation Act 1920

ATTACHMENT

Clause 1       Air Navigation Amendment Regulations 2003 (No. 1)

This clause provides that the Regulations are the Air Navigation Amendment Regulations 2003 (No. 1).

Clause 2       Commencement

This clause provides that these Regulations commence on gazettal.

Clause 3       Amendment of Air Navigation Regulations

This clause provides that Schedule 1 amends the Air Navigation Amendment Regulations.

Schedule 1        Amendments

The current Schedule 1 in the Regulations has been replaced with an updated weapons schedule.


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