Air Navigation Regulations (Amendment) (Cth)

Statutory Rules 1987 N o. 278

Air Navigation Regulations (Amendment)

I, T H E G O V E R N O R - G E N E R A L 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 2 5 n o v e m b e r 1987.

N. M. STEPHEN.

Governor-General

By His Excellency's Command,

Gareth Evans

Minister of State for Transport

and Communications

Commencement

1. These Regulations shall come into operation on 1 December 1987.

Smoking in Aircraft

2. Regulation 246 of the Air Navigation Regulations is amended:

(a) by adding at the foot of subregulation (1) the following:

"Penalty: $500.";

(b) by adding at the foot of subregulation (2) the following:

"Penalty: $2,500.";

(c) by adding at the foot of subregulation (3) the following:

"Penalty: $2,500."; and

(S .R. 3 2 8 / 8 7 ) — C a t. N o. 15 /23 .11 .1987

2 Air Navigation 1987 No. 278

(d) by omitting subregulation (4) and substituting the following subregulations:

"(4) Subregulations (1) to (3) (inclusive) do not apply in relation

to a prescribed aircraft.

"(5) A person shall not smoke anywhere in a prescribed aircraft.

Penalty: $500.

"(6) The operator of a prescribed aircraft shall ensure that provision is made in the aircraft whereby a notice indicating that smoking is prohibited is displayed at all times while passengers are on board.

Penalty: $2,500.

"(7) A failure by the operator of a prescribed aircraft to comply with the requirements of subregulation (6) does not affect the operation of subregulation (5) in relation to any person on board that aircraft.

" (8) Subregulations (5), (6) and (7) apply in relation to air

navigation generally.

"(9) A notice required under this regulation to be displayed in

an aircraft:

(a) shall be legible;

(b) shall be displayed in a conspicuous place in the aircraft; and

(c) if provision is made in the aircraft for the notice to be displayed in illuminated form—shall be in that form.

"(10) In this regulation, unless the contrary intention appears:

'prescribed aircraft' means a regular public transport aircraft

(other than an aircraft engaged in an international air service)

operated by a trading corporation;

'trading corporation' means a trading corporation within the

meaning of paragraph 51 (xx) of the Constitution formed

within the limits of the Commonwealth.".

NOTES

1. Notified in the Commonwealth of Australia Gazette on 30 November 1987.

2.   Statutory Rules 1947 No. 112 as amended to date. For previous amendments see Note 2 to Statutory Rules 1987 No. 207 and see also Statutory Rules 1987 No. 207.

Pr in ted by A u t h o r i t y by t h e C o m m o n w e a l t h G o v e r n m e n t P r in t e r