Commonwealth Numbered Regulations - Explanatory Statements

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AIR NAVIGATION REGULATIONS (AMENDMENT) 1992 NO. 316

Statutory Rules 1992 No. 316

Issued by Authority of the Minister for Transport and Communications

Air Navigation Act 1920

Air Navigation Regulations (Amendment)

Paragraph 26(1)(d) of the Air Navigation Act 1920 (the Act) enables the Governor-General to make regulations, not inconsistent with the Act, in relation to air navigation, being regulations with respect to trade and commerce with other countries.

Subsection 5(2) and sections 6 and 7 of the Transport and Communications Legislation Amendment Act 1992 (the Amendment Act) were proclaimed to commence on 9 October 1992.

The Amendment Act, amongst other things, amalgamates the provisions relating to international airline licences, permissions and approvals. At present, the Act deals with international airline licences, permissions and approvals granted to to foreign aircraft while substantially similar provisions relating to Australian aircraft are located in the Air Navigation Regulations (the Regulations).

Following the commencement of subsection 5(2) and sections 6 and 7 of the Amendment Act, those provisions concerning Australian aircraft are now located in the Act. Details of those provisions are as follows:

•       subregulation 191(4) prohibited an Australian aircraft from engaging in scheduled international operations without an international airline licence;

•       regulation 192 prohibited an Australian aircraft from engaging in nonscheduled international operations without the express approval of the Secretary;

•       regulation 195 dealt with the cancellation or suspension of licences granted to Australian aircraft; and

•       regulation 196 enabled a licence holder to enter into a contract or arrangement with another person under which that person may operate the service for which the licence is issued if that contract or arrangement is approved by the Secretary.

The amending Regulations repealed subregulation 191(4) and regulations 192, 195 and 196 of the Regulations.

The amending Regulations commenced on 9 October 1992, the same day on which subsection 5(2) and sections 6 and 7 of the Amendment Act commenced.