Statutory Rules
1976 No. 124
REGULATION UNDER THE AIR NAVIGATION ACT 1920-1974.*
I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulation under the Air Navigation Act 1920-1974.
Dated this eleventh day of June, 1976.
JOHN R. KERR
Governor-General.
By His Excellency’s Command,
PETER NIXON
Minister of State for Transport.
————
Amendments of the Air Navigation Regulations†
Tariffs of charges.
Regulation 106a of the Air Navigation Regulations is amended—
(a) by inserting after sub-regulation (14) the following sub-regulation:—
“ (14a) For the purposes of sub-regulation (14), a holder of a licence or other person to whom that sub-regulation applies shall keep and preserve or cause to be kept and preserved the books, accounting records and other documents and papers referred to in that sub-regulation for a period of not less than 2 years after the completion of the transactions, acts or operations to which they relate.”; and
(b) by inserting after sub-regulation (15) the following sub-regulation:—
“ (15a) The powers of the Secretary under sub-regulation (15), or of a person authorized by the Secretary for the purposes of that sub-regulation, are not exercisable unless the Secretary is satisfied that there is reasonable ground for believing that there are on premises referred to in sub-regulation (14) books, accounting records, documents or papers (being books, accounting records, documents or papers of the kinds referred to in sub-regulation (14)) relating to the commission of an offence against this regulation.”.
* Notified in the Australian Government Gazette on 22 June 1976.
† Statutory Rules 1947, No. 112, as amended by Statutory Rules 1947, No. 162; 1948, No. 69; 1949, Nos. 6 and 70; 1950, No. 69; 1952, Nos. 30, 46 and 87; 1953, No. 44; 1954, Nos. 26, 32 and 119; 1955, No. 29; 1956, No. 16; 1957, No. 12; 1958, No. 77; 1960, Nos. 21, 96 and 99; 1961, No. 102; 1964, Nos. 61 and 128; 1965, No. 33; 1966, No. 5; 1967, No. 65; 1969, No. 4; 1970, Nos. 21 and 214; 1971, No. 31; 1972, No. 166; 1973, Nos. 182 and 247; 1974, Nos. 36, 54 and 96; 1975, No. 32; and 1976, Nos. 67, 77 and 111.
Overview
The Air Navigation (Charges for Services) Regulations 1976, made under the Air Navigation Act 1920-1974, were enacted to address the need for regulating tariffs and maintaining financial records related to services provided under the Air Navigation Act. This legislative instrument was issued by the Governor-General of the Commonwealth of Australia, acting on the advice of the Federal Executive Council, and came into effect on 11 June 1976. The regulations were designed to ensure that holders of licences or other relevant persons maintain their books, accounting records, and other documents for at least two years post-transaction, and to establish conditions under which the Secretary can investigate potential offences related to these records. The overarching policy objective of these regulations is to ensure compliance and accountability within the air navigation services sector.
Scope and Application
The Air Navigation Regulations made under the Air Navigation Act 1920-1974 apply to all persons and entities involved in air navigation within the Commonwealth of Australia. This includes licensed air operators, aircraft owners, pilots, air traffic controllers, and other individuals or entities directly or indirectly involved in the operation and management of air traffic. The regulations encompass a broad range of conduct and transactions related to air navigation, including the maintenance of books, accounting records, and other documents and papers pertinent to the operation of aircraft and the provision of air navigation services. The regulations extend to all airspace within the jurisdiction of the Commonwealth, ensuring a consistent and uniform approach to air navigation across Australia. Certain exclusions and exemptions may apply, such as to military aircraft or operations conducted solely for private or domestic purposes, but these are typically detailed within the specific provisions of the regulations or in related legislation. The application of these regulations can also be extended or restricted through subordinate instruments, allowing for the adaptation of rules to evolving circumstances and technological advancements in the aviation sector.
Key Provisions
The Statutory Rules 1976 No. 124, made under the Air Navigation Act 1920-1974, amend the Air Navigation Regulations. Specifically, the amendments concern the tariffs of charges (Regulation 106a). The amendments introduce two new sub-regulations: (14a) and (15a). Sub-regulation (14a) requires that a holder of a licence or any other person to whom sub-regulation (14) applies must maintain and preserve relevant books, accounting records, and other documents for a minimum of two years after the completion of the related transactions, acts, or operations. This is to ensure adequate record-keeping for auditing and compliance purposes. Sub-regulation (15a) stipulates that the Secretary’s powers under sub-regulation (15), or any authorised person, can only be exercised if there is reasonable ground to believe that there are books, accounting records, documents, or papers on the premises that may relate to an offence under the regulation.
These obligations are designed to ensure compliance with the regulatory requirements set forth in the Air Navigation Act 1920-1974. Specifically, holders of licences and other relevant persons must maintain detailed records pertaining to their operations for a specified period. This record-keeping requirement is crucial for monitoring and ensuring that activities comply with the relevant laws and regulations. Furthermore, the Secretary’s powers to inspect and investigate are contingent on the presence of reasonable grounds to suspect an offence, ensuring that such actions are justified and not arbitrary.
Failure to comply with the record-keeping requirements stipulated in sub-regulation (14a) can result in various consequences. Although the specific penalties are not detailed in the provided text, non-compliance generally may lead to administrative penalties, fines, or other enforcement actions under the broader provisions of the Air Navigation Act 1920-1974. Additionally, any failure to produce the required records when requested under sub-regulation (15a) could also lead to further investigation, potential charges, and subsequent penalties if an offence is found to have been committed. These penalties can vary widely depending on the nature and severity of the offence but may include substantial fines and other sanctions as prescribed by the Act.