Air Navigation Amendment Regulations 1999 (No. 1) 1999 No. 351
EXPLANATORY STATEMENT
STATUTORY RULES 1999 No. 351
Issued by the authority of the Minister for Transport and Regional Services
Air Navigation Act 1920
Air Navigation Regulations (Amendment)
Subsection 26(1) of the Air Navigation Act 1920 provides that the Governor-General may make regulations, inter alia, in relation to air navigation with respect to trade and commerce with other countries and among the States, and for any matter which the Parliament has the power to make laws.
In Resolution 1267 (1999), the United Nations Security Council has imposed air sanctions against the Taliban for failing to meet the United Nations' demands to stop providing sanctuary and training for international terrorists. The Resolution requires all States to "deny permission for any aircraft to take off from or land in their territory if it is owned, leased or operated by or on behalf of the Taliban as designated by the Committee established under the Resolution, unless the particular flight has been approved in advance by the Committee on the grounds of humanitarian need, including religious obligation such as the performance of the Haji".
Under Article 25 of the Charter of the United Nations, Australia has an international legal obligation to accept and implement Resolutions of the United Nations Security Council. The amendments to the Air Navigation Regulations implement Resolution 1267 (1999) by inserting regulation 120A, thereby imposing the sanction against the Taliban. The proposed regulation mirrors Air Navigation Regulations 118, 119 and 120 which impose similar UN authorised sanctions against Angola, Iraq and Libya respectively.
Details of the Regulations are as follows:
Regulation 1
Regulation 1 sets out the name of the regulations.
Regulation 2
Regulation 2 provides that the regulations commence on gazettal.
Regulation 3
Regulation 3 provides that the Air Navigation Regulations 1947 are amended as set out in Schedule 1.
Attachment
Schedule 1
Item 1
This item amends the Regulations by inserting a new regulation 120A, which will prohibit aircraft flying to or from Afghanistan.
The new regulation:
(a) Prohibits Australian registered aircraft from travelling to and from the territory of Afghanistan without the express approval of the Secretary; and
(b) Prohibits any aircraft which has come from or is destined for Afghanistan from overflying, landing in or taking off from Australia without the express approval of the Secretary.
In deciding whether to give approval under the regulation, the Secretary is to take into account Australia's relations with other countries and Australia's obligations under international law.
Overview
The Air Navigation Amendment Regulations 1999 (No. 1) were enacted to address the international obligation stemming from United Nations Security Council Resolution 1267 (1999), which imposed air sanctions against the Taliban. This legislative amendment was introduced to comply with Australia's international legal obligations under the Charter of the United Nations, specifically to implement the air sanctions against the Taliban. The regulations were enacted by the Minister for Transport and Regional Services under the authority of the Air Navigation Act 1920. The primary policy objective of these regulations is to ensure that Australian registered aircraft, as well as any aircraft coming from or destined for Afghanistan, do not take off, land in, or overfly Australian territory without express approval from the Secretary, thereby enforcing the United Nations' sanctions and maintaining compliance with international law.
Scope and Application
The Air Navigation Amendment Regulations 1999 (No. 1) applies to any aircraft registered in Australia or any aircraft that has come from or is destined for Afghanistan, effectively regulating the conduct of air navigation involving these aircraft. The amendments specifically address the imposition of sanctions against the Taliban in compliance with United Nations Security Council Resolution 1267 (1999). This resolution mandates that no aircraft owned, leased, or operated by or on behalf of the Taliban should take off from or land in Australian territory without prior approval from the Secretary, unless the flight is approved on humanitarian grounds. The regulation also extends to prohibiting Australian registered aircraft from travelling to and from Afghanistan without express approval, and from overflying, landing in, or taking off from Australia if they have come from or are destined for Afghanistan. The geographic reach of these regulations is national, ensuring Australia adheres to its international obligations under the Charter of the United Nations. The amendments extend the existing sanctions framework, previously applied to Angola, Iraq, and Libya, to now include Afghanistan, thereby maintaining a consistent approach to enforcing UN resolutions through Australian aviation law.
Key Provisions
The Air Navigation Amendment Regulations 1999 (No. 1) primarily serve to incorporate Australia's commitment to United Nations Security Council Resolution 1267 (1999) into domestic law, specifically through the Air Navigation Act 1920 (Section 26(1)). The main operative sections of these Regulations are found in Schedule 1, particularly Item 1, which introduces Regulation 120A. This regulation prohibits Australian registered aircraft from travelling to or from Afghanistan without explicit approval from the Secretary (Paragraph 120A(a)). Additionally, it prohibits any aircraft coming from or destined for Afghanistan from overflying, landing in, or taking off from Australian territory without the Secretary's approval (Paragraph 120A(b)).
The Act imposes several obligations on parties and entities governed by it. The Secretary, who is responsible for granting or denying approvals under the new Regulation 120A, must consider Australia's international relations and legal obligations when making decisions (Paragraph 120A). This includes ensuring that the sanctions align with Australia's commitments under international law, particularly those mandated by the United Nations Security Council. Operators of aircraft, including those registered in Australia and those intending to enter or exit Australia, must comply with these provisions by seeking and awaiting the Secretary’s approval before engaging in any flight operations that involve Afghanistan.
Failure to comply with these Regulations can result in significant consequences. While the document does not explicitly detail the penalties, it is implied that breaches could lead to severe civil or criminal penalties, consistent with other sections of the Air Navigation Act 1920. Given the context and the nature of such international sanctions, non-compliance might also attract penalties under broader aviation laws or international agreements. The exact penalties would depend on the specific breach and the prevailing laws at the time of the offence.