Air Navigation Regulations (Amendment) (Cth)

Statutory Rules 1995

No. 443 1

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Air Navigation Regulations 2(Amendment)

I, The Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Air Navigation Act 1920.

Dated 20 December 1995.

 BILL HAYDEN

 Governor-General

By His Excellency’s Command,

LAURIE BRERETON

Minister for Transport

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1.   Amendment

1.1   The Air Navigation Regulations are amended as set out in these Regulations.

[NOTE: These Regulations commence on gazettal: see Acts Interpretation Act 1901, s. 48.]

2.Regulation 106C (Approval of timetables)

2.1 Subregulation 106C (2):

After paragraph (2) (d), insert:

• “(da)

  whether, in the opinion of the Secretary, the airline, or the government or an authority of a foreign country in relation to the airline:

  • (i)

    has impeded or limited an Australian airline in, or prevented an Australian airline from, providing an international air service; or

  • (ii)

    has engaged in unfair, discriminatory or restrictive practices in relation to an international air service provided by an Australian airline; or

  • (iii)

    has denied an Australian airline fair and equal opportunity in the provision of an international air service; and

• (db)

  whether, in the opinion of the Secretary, the airline, or the government or an authority of a foreign country in relation to the airline, has contravened the relevant agreement; and

• (dc)

  the public interest; and”.

3.Regulation 106E (Conditions that may be imposed in relation to timetables)

3.1 Omit the regulation, substitute:

Conditions that may be imposed in relation to timetables

 “106E. (1) Without limiting the conditions that may be imposed under regulation 106C or 106D in relation to a timetable, a condition may relate to:

• (a)

  the proportion or amount of:

  • (i)

    traffic; or

  • (ii)

    a type of traffic;

 that may be carried on all or part of the route of the service concerned; or

• (b)

  whether advertising is permitted, the manner of advertising, or the content of advertisements, in Australia, by or on behalf of the licensed international airline, in relation to:

  • (i)

    the service concerned; or

  • (ii)

    any service operated by the airline to, from or through any point situated on the route of the service concerned.

“(2)

For the purposes of subregulation (1):

‘traffic’ includes a passenger or an item of mail or cargo;

‘type of traffic’ includes traffic identified by reference to its earliest origin or intended ultimate destination, whether or not that origin or destination is on the route of the service concerned.”.

4.   Transitional

4.1   If an application for approval of a timetable was made under the Air Navigation Regulations as in force immediately before the commencement of these Regulations, and the outcome of the application was not determined before the commencement of these Regulations, the application is regarded as having been made under the Air Navigation Regulations as amended by these Regulations.

4.2   A condition of a kind described in regulation 106E of the Air Navigation Regulations, as amended by these Regulations, may be imposed under regulation 106D of the Air Navigation Regulations in relation to a timetable approved under regulation 106C of the Air Navigation Regulations before the commencement of these regulations.

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NOTES

1. Notified in the Commonwealth of Australia Gazette on 22 December 1995.

2. Statutory Rules 1947 Nos. 112 as amended by 1947 No. 162; 1948 No. 69; 1949 Nos. 6 and 70; 1950 No. 69; 1952 Nos. 30, 46 and 87; 1953 No. 44; 1954 Nos. 26, 32 and 119; 1955 No. 29; 1956 No. 16; 1957 No. 12; 1958 No. 77; 1960 Nos. 21, 96 and 99; 1961 No.102; 1964 Nos. 61 and 128; 1965 No. 33; 1966 No. 5; 1967 No. 65; 1969 No.4; 1970 Nos. 21 and 214; 1971 No. 31; 1972 No. 166; 1973 Nos. 182 and 247; 1974 Nos. 36, 54 and 96; 1975 No. 32; 1976 Nos. 67, 77, 11 and 124; 1977 No. 124; 1978 No. 140; 1980 Nos. 67, 106, 136, 187, 204, 247 and 269; 1981 Nos. 32, 77, 253 and 308; Act No. 76, 1981; 1982 No. 270; 1983 Nos. 39, 149 and 202; 1984 Nos. 208 and 314; 1985 Nos. 203, 276, 300 and 329; 1986 Nos, 141, 284 and 357; 1987 Nos. 207 and 278; 1988 Nos. 159 and 378; 1989 No. 400; 1990 Nos. 255, 299 and 432; 1991 Nos. 74 and 193; 1992 Nos. 104, 153, 221 and 316; 1993 Nos. 265, 318 and 369; 1994 Nos. 148. and 348; 1995 Nos. 29 and 342.