Commonwealth Numbered Regulations - Explanatory Statements

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AIR NAVIGATION REGULATIONS 1997 NO. 413

STATUTORY RULES 1997 No. 413

Issued by the Authority of the Minister for Transport and Regional Development

Air Navigation Act 1920

Air Navigation Regulations

Subsection 26(1) of the Air Navigation Act 1920 (the Act) empowers the Governor-General to make regulations, inter alia, in relation to air navigation with respect to trade and commerce with other countries and among the States, and for any matter which the Parliament has the power to make laws. Section 51 (xxix) of the Constitution grants the Commonwealth Parliament the power to make laws with respect to Australia's external affairs.

The United Nations Security Council has, in Resolutions 1127 and 1135 of 1997, imposed sanctions an the Uniao Nacional para a Independencia Total de Angola (UNITA). The resolutions prohibit flights of aircraft by or for UNITA. Services to be prohibited under this resolution are identified by their origin or destination, being a port in Angola other than those on a list promulgated by the Government of Angola.

The Australian government is required under international law to implement this resolution. Consequently, amendment of the Air Navigation Regulations was required to effect this.

The amendments to the Regulations:

*       prohibit Australian registered aircraft from flying to or from Angola without the express approval of the Secretary; and

*       prohibit any aircraft which has come from or is destined for Angola from overflying, landing in or taking off from Australian territory without the express approval of the Secretary.

Details of the proposed Regulations are contained in the Attachment.

Attachment

Regulation 1 -Amendment

The proposed Regulations, when made, will amend the Air Navigation Regulations.

The proposed Regulations are to commence upon gazettal.

Regulation 2 - New Regulation 311DA

This regulation will amend the Regulations by inserting a new regulation 311DA, which will prohibit aircraft flying to or from Angola.

The new regulation will:

*       prohibit Australian registered aircraft from flying to or from Angola without the express approval of the Secretary: and

*       prohibit any aircraft which has come from or is destined for Angola from overflying, landing in or taking off from Australian territory without the express approval of the Secretary.

In deciding whether to give approval under the regulation, the Secretary is to take into account Australia's relations with other countries and Australia's obligations under international law.