Commonwealth Numbered Regulations - Explanatory Statements

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

AIR NAVIGATION (FUEL SPILLAGE) AMENDMENT REGULATIONS 2001 (NO. 1) 2001 NO. 73

STATUTORY RULES 2001 No. 73

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

Air Navigation Act 1920

Air Navigation (Fuel Spillage) Amendment Regulations 2001 (No. 1)

Subsection 26 (1) oil the Air Navigation Act 1920 (the Act) allows the Governor-General to make regulations -prescribing matters, inter alia:

"...(c) in relation to air navigation within a Territory or to and from a Territory;

(d)       in relation to air navigation. being regulations with respect to trade and commerce with other countries and among the States; and

(e)       in relation to air navigation, being regulations with respect to any other matter with respect to which the Parliament has power to make laws."

The Air Navigation (Fuel Spillage) Regulations 1999 (Fuel Spill Regulations) were introduced to provide a scheme to prohibit the intentional or unintentional release of fuel by an aircraft in flight except in emergency or special circumstances. The Fuel Spill Regulations provide that the operator of an aircraft must not allow the aircraft to release fuel during flight, except with approval or in emergency situations, and provide penalties for contravention of the prohibition. The Fuel Spill Regulations also provide the Secretary with the power to inspect and/or ground an aircraft suspected of having a faulty fuel system, and to give permission for a grounded aircraft to commence a flight.

The purpose of the Amendment Regulations was to expand the list of decisions of the Secretary that are reviewable by the Administrative Appeals Tribunal to include not withdrawing a grounding notice under Regulation 12 and giving or not giving permission to start a flight under Regulation 14. This is in accordance with the original Explanatory Statement that stated "...Decisions of the Secretary under the Regulations are reviewable by the Administrative Appeals Tribunal." The amendments were made in response to concerns raised by the Senate Standing Committee on Regulations and Ordinances that the Fuel Spill Regulations did not provide review of certain decisions.

Details of the Amendment Regulations are attached.

ATTACHMENT

Item 1 - Name of Regulations

The Regulations are the Air Navigation (Fuel Spillage) Amendment Regulations 2001 (No. 1).

Item 2 - Commencement

The Regulations commence on gazettal.

Item 3 - Amendment

The Air Navigation (Fuel Spillage) Regulations. 1999 were amended as set out in Schedule 1 to the Regulations.

Schedule 1 - Amendments

Item 1

Subsection 16 (2) of the Fuel Spill Regulations were expanded to enable a person whose interests are affected by a decision of the Secretary not to withdraw a grounding notice under Regulation 12 or to give or not give permission to start a flight under Regulation 14 to apply for a review of that decision by the Administrative Appeals Tribunal. Any application to review a decision under this clause would be subject to the Administrative Appeals Tribunal Act 1975.