Air Navigation Legislation (Validation and Interpretation) Act 1982
No. 95, 1982
An Act to make provision in relation to the exercise of certain powers and the performance of certain functions under regulations and instruments under the Air Navigation Act 1920 and for related purposes
Contents
1 Short title
2 Commencement
3 Validation and interpretation
Air Navigation Legislation (Validation and Interpretation) Act 1982
No. 95, 1982
An Act to make provision in relation to the exercise of certain powers and the performance of certain functions under regulations and instruments under the Air Navigation Act 1920 and for related purposes
[Assented to 6 October 1982]
The Parliament of Australia enacts:
1 Short title
This Act may be cited as the Air Navigation Legislation (Validation and Interpretation) Act 1982.
2 Commencement
This Act shall come into operation on the day on which it receives the Royal Assent.
3 Validation and interpretation
(1) Where, on or after 7 May 1982 and before the commencement of this section, the Secretary to the Department of Aviation purported to exercise a power or to perform a function under any regulations or other instrument in force or subsisting under or for the purposes of the Air Navigation Act 1920 (being a power or function conferred by those regulations or that other instrument on the Director‑General of Civil Aviation, on the Secretary to the Department of Transport or on the Secretary to the Department of Transport and Director‑General of Civil Aviation):
(a) the purported exercise of the power, or the purported performance of the function, by the Secretary to the Department of Aviation; and
(b) any act or thing done by any other person or body in reliance on, as a consequence of, or in relation to, the purported exercise of the power, or the purported performance of the function, by the Secretary to the Department of Aviation;
shall be deemed for all purposes to be, and to have been, as valid and effectual as if, at the time when the Secretary to the Department of Aviation purported to exercise the power or perform the function, the power or function was conferred on him by those regulations or that other instrument.
(2) In the application, after the commencement of this section, of any regulations or other instrument in force or subsisting under or for the purposes of the Air Navigation Act 1920 immediately before the commencement of this section, any reference in those regulations or in that other instrument to the Director‑General of Civil Aviation, to the Secretary to the Department of Transport or to the Secretary to the Department of Transport and Director‑General of Civil Aviation shall be read as including a reference to the Secretary to the Department of Aviation.
Overview
The Air Navigation Legislation (Validation and Interpretation) Act 1982 was enacted by the Parliament of Australia to address issues regarding the exercise of certain powers and the performance of certain functions under regulations and instruments under the Air Navigation Act 1920. The Act aims to validate actions taken by the Secretary to the Department of Aviation, or those taken by others in reliance on such actions, that occurred between 7 May 1982 and the commencement of this Act. Additionally, the Act modifies the interpretation of regulations and instruments to include references to the Secretary to the Department of Aviation, thereby ensuring continuity in the administration of air navigation laws. This legislative measure was crucial in providing clarity and stability in the enforcement of air navigation regulations following organisational changes within the aviation sector.
Scope and Application
The Air Navigation Legislation (Validation and Interpretation) Act 1982 applies to the validation of certain powers and functions exercised by the Secretary to the Department of Aviation under regulations or other instruments established under the Air Navigation Act 1920. Specifically, it addresses actions taken between 7 May 1982 and the commencement of this Act, deeming them valid and effectual as if the Secretary to the Department of Aviation had the authority to exercise these powers or perform these functions at the time. This Act also adjusts references in existing regulations to include the Secretary to the Department of Aviation, thereby extending the application of these regulations to actions taken by this official. The Act operates on a Commonwealth level, affecting entities and individuals within Australia’s airspace and those complying with Australian aviation regulations.
The Act does not explicitly exclude any persons, entities, or transactions from its scope, but rather focuses on validating past actions and clarifying the interpretation of regulatory references. It does not set any specific thresholds or exemptions but operates to ensure the continuity and validity of administrative actions related to air navigation. The Act can be extended or further specified through subordinate instruments, which may provide additional clarity or detailed procedural guidance, but the primary purpose remains the validation and interpretation of specified air navigation-related actions and references.
Key Provisions
The Air Navigation Legislation (Validation and Interpretation) Act 1982 (sections 1-3) aims to clarify and validate certain powers and functions exercised by the Secretary to the Department of Aviation under the Air Navigation Act 1920. The Act ensures that any actions taken by the Secretary to the Department of Aviation, or any other person or body acting in reliance on these actions, between 7 May 1982 and the Act's commencement, are deemed valid and effective as if the Secretary had the proper authority at the time. This validation applies to any regulations or instruments in force under the Air Navigation Act 1920.
The Act places obligations on the Secretary to the Department of Aviation to ensure that any actions taken are consistent with the intended regulatory framework, even if the Secretary did not have explicit authority at the time. It also places a responsibility on any other person or body that acted based on the Secretary's purported authority to ensure their actions were lawful. Specifically, section 3(1) provides that any exercise of power or performance of a function by the Secretary, as well as any actions taken by others in reliance on such purported authority, are validated retroactively.
There are no explicit offences or penalties outlined in the Act. However, the validation provided by the Act is intended to mitigate any potential legal issues that could arise from the Secretary's actions prior to the Act's commencement. Any breach of the underlying regulations or instruments under the Air Navigation Act 1920, which the Act seeks to validate, would still be subject to the penalties and consequences prescribed by those regulations and instruments.