EXPLANATORY STATEMENT
Minute No. 10 of 2019 - Minister for Infrastructure, Transport and Regional Development
Subject - Air Navigation Act 1920
Air Navigation (Aircraft Noise) Amendment (Delegations) Regulations 2019
INTRODUCTION
The Air Navigation Act 1920 (the Act) gives effect to the International Convention on Civil Aviation (the Chicago Convention) which regulates all aspects of international air transport.
Section 26 of the Air Navigation Act 1920 (the Act) provides that the Governor‑General may make regulations prescribing matters required or permitted by the Act to be prescribed.
Section 24 of the Air Navigation (Aircraft Noise) Regulations 2018 allow the Secretary to delegate powers to an employee of the Department of Infrastructure, Regional Development and Cities, an officer of the Civil Aviation Safety Authority or an employee of Airservices Australia.
OUTLINE
The Air Navigation (Aircraft Noise) Amendment (Delegations) Regulations 2019 amends section 24 of the Air Navigation (Aircraft Noise) Regulations 2018 to ensure that before delegating a power to an officer or employee other than a Senior Executive Service (SES) employee, or acting SES employee, the Secretary must be satisfied that the officer or employee has appropriate qualifications or expertise to exercise the power.
Regulatory impact analysis
This is a minor administrative amendment. Prior to remaking the Regulations in April 2018, the regulatory impact was assessed using the Preliminary Assessment tool approved by the Office of Best Practice Regulation (OBPR). The OBPR considered that the amendments could be expected to have a minor impact on business and the community. A certification letter was provided to OBPR certifying that the 1984 Regulations are operating effectively and efficiently, and that therefore a Regulation Impact Statement was not required for this regulation to be remade (OBPR 22597).
Consultation before making
This is a minor administrative amendment. Prior to remaking the Regulations in April 2018, consultation was undertaken with the affected Australian airlines, the peak industry association for international airlines and Australia’s major airport operators.
A Statement of Compatibility with Human Rights is set out in Attachment A prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
The Act specifies no conditions that need to be satisfied before the power to make the legislative instrument may be exercised.
The Regulations are a legislative instrument for the purpose of the Legislation Act 2003.
The Regulations commenced on the day after registration.
ATTACHMENT A
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
Air Navigation (Aircraft Noise) Regulations 2018
This Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
Overview of the Regulations
Amendments to the Air Navigation (Aircraft Noise) Regulations 2018 to ensure that before delegating a power to an officer or employee other than an SES employee, or acting SES employee, the Secretary must be satisfied that the officer or employee has appropriate qualifications or expertise to exercise the power or perform the function.
The amendments do not alter any of the substantive provisions which previously applied.
Human rights implications
The amendments made by this Legislative Instrument do not engage any of the applicable rights or freedoms.
Conclusion
This Legislative Instrument is compatible with human rights as it does not raise any human rights issues.
Deputy Prime Minister and Minister for Infrastructure, Transport and Regional Development, the Hon Michael McCormack MP
Overview
The Air Navigation Act 1920 was enacted to give effect to the International Convention on Civil Aviation, also known as the Chicago Convention, which regulates all aspects of international air transport. The Act aims to ensure the safe and orderly development of international civil aviation in Australia, addressing issues related to air navigation and safety. The Air Navigation (Aircraft Noise) Amendment (Delegations) Regulations 2019, introduced by the Minister for Infrastructure, Transport and Regional Development, were made under the authority granted in Section 26 of the Act, which allows the Governor-General to make regulations as required or permitted by the Act. These amendments were designed to ensure that the delegation of powers under the Air Navigation (Aircraft Noise) Regulations 2018 is appropriately qualified, thereby maintaining the integrity and effectiveness of the regulatory framework. The policy objective is to ensure that delegated powers are exercised by individuals with the necessary expertise, thus supporting the overarching goal of the Act to manage aircraft noise effectively and protect public health and the environment.
Scope and Application
The Air Navigation Act 1920, as amended by the Air Navigation (Aircraft Noise) Amendment (Delegations) Regulations 2019, applies to the regulation of aircraft noise in Australia. The Act is a legislative instrument under the Legislation Act 2003 and gives effect to the International Convention on Civil Aviation, also known as the Chicago Convention, governing international air transport. The Regulations specifically modify section 24 of the Air Navigation (Aircraft Noise) Regulations 2018 by requiring the Secretary to ensure that any delegated power to officers or employees, excluding Senior Executive Service (SES) employees or acting SES employees, is assigned to individuals with suitable qualifications or expertise. These regulations pertain to the Commonwealth jurisdiction and are applicable to all entities involved in the regulation of aircraft noise, including the Department of Infrastructure, Regional Development and Cities, the Civil Aviation Safety Authority, and Airservices Australia. The amendments do not exclude any specific entities, conduct, or transactions, but rather focus on ensuring that delegations are made to appropriately qualified individuals. No significant exclusions, exemptions, or thresholds are stated within the text, though the impact on business and the community is considered minor. The Regulations commenced the day after their registration, and they are compatible with human rights as confirmed by the Statement of Compatibility with Human Rights.
Key Provisions
The Air Navigation (Aircraft Noise) Amendment (Delegations) Regulations 2019, made under the Air Navigation Act 1920, introduce changes to the delegation of powers outlined in section 24 of the Air Navigation (Aircraft Noise) Regulations 2018. Specifically, these amendments ensure that any delegation of power to officers or employees, excluding Senior Executive Service (SES) employees or acting SES employees, must be preceded by a determination by the Secretary that the delegated individual possesses the appropriate qualifications or expertise necessary to exercise the power (section 24).
These amendments impose a requirement on the Secretary to evaluate the qualifications and expertise of the individuals to whom powers are delegated, ensuring that such delegations are made to suitably qualified persons. The obligation extends to verifying that the delegate has the necessary skills and knowledge to perform the specific function or exercise the power they are assigned. This is intended to maintain the integrity and effectiveness of the regulatory framework governing aircraft noise management.
Failure to comply with the requirement to ensure that only suitably qualified or expert individuals are delegated powers under section 24 may result in regulatory non-compliance, potentially leading to enforcement actions against the responsible authorities. While the specific penalties for such breaches are not detailed in the provided text, the overarching legal framework would typically involve administrative, civil, or criminal sanctions depending on the severity and intent of the non-compliance.
Given the nature of the amendments as minor administrative changes, the focus is on ensuring the proper delegation of regulatory powers rather than introducing new substantive obligations or penalties. The legislative intent is to uphold the standards of delegation within the regulatory environment while ensuring that aircraft noise management remains effectively governed.