Commonwealth Numbered Regulations - Explanatory Statements

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AIR NAVIGATION REGULATIONS (AMENDMENT) 1994 NO. 148

STATUTORY RULES 1994 No. 148

Issued by the authority of the Minister for Transport

Air Navigation Act 1920

Air Navigation Regulations (Amendment)

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

Australia has an international legal obligation to comply with United Nations Security Council Resolutions. The amendments implement Security Council Resolution 917 (1994), adopted on 5 May 1994. That Resolution requires all States to deny permission to any aircraft to take off from, land in or overfly their territory if it is destined to land in or has taken off from the territory of Haiti, with the exception of regularly scheduled commercial passenger flights, unless the particular flight has been approved for humanitarian or other purposes by the Committee established by Security Council Resolution 841 (1993).

The amendments to the Air Navigation Regulations implement Resolution 917 (1994) by providing:

-       an Australian aircraft must not travel to or from Haiti without the written permission of the Secretary;

-       an aircraft that, after the commencement of this regulation, leaves the territory of Haiti or is destined to land in the territory of Haiti must not be landed in, flown over or flown from, Australian territory without the written permission of the Secretary.

In deciding whether to give permission the Secretary must take into account Australia's relations with other countries and its obligations under international law. This formulation ensures that the requirements of the Resolution are met and obviates the necessity of further amending the Regulations if further Security Council Resolutions amend the conditions governing flights to and from Haiti.

No provision is made for review on the merits of decisions made pursuant to the amendments. Review on the merits is not considered appropriate as the decisions made under the amendments are for the purpose of fulfilling Australia's international obligations and because of the effect on Australia s relations with other countries.