Commonwealth Numbered Regulations - Explanatory Statements

[Index] [Search] [Download] [Related Items] [Help]

AIR NAVIGATION REGULATIONS (AMENDMENT) 1995 NO. 29

Statutory Rules 1995 No. 29

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 (the Act) provides that the GovernorGeneral may make regulations for the purposes of the Act.

On 1 November 1994, Australia entered into a treaty (the Treaty) with the United States of America and Canada which requires it to ban smoking on all passenger flights operated by its airlines between points in the territory of one party to the Treaty and points in the territory of another party (excluding flights operated via an intermediate point, in the territory of a state which is not a party to the Treaty).

The Treaty will come into effect 120 days after signature, that is, on 1 March 1995.

Prior to these amendments, subregulation 246(5) of the Air Navigation Regulations prohibited smoking on all domestic passenger air services (that is, on all "prescribed aircraft" as defined by subregulation 246(10)). These amending regulations (by extending the ambit of "prescribed aircraft") extend the scope of that prohibition to all non-stop scheduled and charter passenger flights that are operated by Australian airlines operating between Australia, the United States of America and Canada.

These regulations give effect to Australia's international obligation to ban smoking on all non-stop scheduled and charter passenger flights that are operated by Australian airlines and which operate between Australia, the United States of America and Canada.

These regulations commenced on the date that the Agreement came into effect; that is, on 1 March 1995.