Air Navigation Regulations (Amendment) (Cth)

Statutory Rules 1990 No. 4321

Air Navigation Regulations2 (Amendment)

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Air Navigation Act 1920.

Dated 17 December 1990.

BILL HAYDEN

Governor-General

By His Excellency’s Command,

K. C. Beazley.

Minister of State for Transport and Communications

 

1. Amendment

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

2. New Part XVIb

2.1 After Part XVIa insert:

“PART XVIb—IMPLEMENTATION OF CERTAIN INTERNATIONAL OBLIGATIONS

Aircraft flying to or from Iraq or Kuwait—prohibition

“311d. (1) An Australian registered aircraft carrying cargo must not without the express approval of the Secretary, travel to or from Iraq or Kuwait.

“(2) A foreign aircraft:

(a) carrying cargo; and

(b) whose destination is Iraq or Kuwait;

must not take off from Australia without the express approval of the Secretary.

 

(S.R. 485/90)—Cat. No. 14/11.12.1990

 

“(3) An aircraft that has come from, or whose destination is, Iraq or Kuwait must not fly over, or land in, Australia without the express approval of the Secretary.

“(4) For the purposes of subregulations (1) and (2), the Secretary must not grant approval to an aircraft to travel to or from Iraq or Kuwait unless the approval is subject to conditions to ensure that:

(a) the aircraft is carrying food in humanitarian circumstances and is authorised by:

(i) the Committee established by Resolution 661 (1990) of the Security Council of the United Nations: or

(ii) by the Security Council:

and the food is carried in accordance with Resolution 666 (1990) of the Security Council: or

(b) the aircraft is carrying supplies intended strictly for medical purposes or solely for the United Nations Iran Iraq Military Observer Group.

“(5) For the purposes of subregulation (3), the Secretary must not grant approval to an aircraft that has come from, or whose destination is, Iraq or Kuwait to fly over, or land in, Australia unless the approval is subject to conditions to ensure that:

(a) the aircraft is to land, or has landed, at a specified aerodrome or airfield outside Iraq or Kuwait to permit its inspection to ensure that there is no cargo on board in violation of Resolution 661 (1990) or 670 (1990) of the Security Council of the United Nations; or

(b) the particular flight was approved by the Committee referred to in subparagraph (4) (a) (i): or

(c) the flight is certified by the United Nations as solely for the purposes of the United Nations Iran Iraq Military Observer Group.

“(6) If an application is made to the Secretary for the purposes of subregulation (1), (2) or (3), the Secretary must give the applicant a copy of an English translation of Resolutions 661 (1990). 666 (1990) and 670 (1990) of the Security Council of the United Nations.

“(7) The requirements of this regulation are in addition to the requirements of regulation 192.”.

 

NOTES

1. Notified in the Commonwealth of Australia Gazette on 21 December 1990.

2. Statutory Rules 1947 No. as amended to date. For previous amendments see Note 2 to Statutory Rules 1990 No. 255 and see also Statutory Rules 1990 Nos. 255 and 299.

 

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