Commonwealth Numbered Regulations - Explanatory Statements

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AIR NAVIGATION REGULATIONS (AMENDMENT) 1995 NO. 443

Statutory Rules 1995 No. 443

Issued by 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) enables the Governor-General to make regulations, not inconsistent with this Act, prescribing all matters which by this Act are required or permitted to be prescribed or which are necessary or convenient to be prescribed for carrying out or giving effect to this Act, and, inter alia, in relation to air navigation being regulations with respect to trade and commerce with other countries.

Regulation 106B requires a licensed international airline to apply to the Secretary for approval of a proposed timetable for each of its international air services to or from Australian territory. Regulation 106C prescribes what action the Secretary may take, including the application of conditions, and what matters may be taken into consideration in handling an application under Regulation 106B. Regulation 106E sets out certain conditions that may be imposed relating to timetables without limiting the generality of conditions that may be imposed.

The purpose of the proposed regulation is to ensure that the Australian Government has the ability to respond more broadly to actions by foreign governments that impede the operations of Australian carriers, for example where a foreign government imposes restrictive conditions on permits or approvals for Australian carriers. The amendments to Regulations 106C and 106E confirm the powers of the Secretary to place conditions on a timetable approved under Regulation 106C, including to prevent the advertising of the services of a designated airline to or from a point not in the route schedule agreed in the relevant bilateral arrangement.