EXPLANATORY STATEMENT
STATUTORY RULES 1988 NO. 378
ISSUED BY THE AUTHORITY OF THE MINISTER FOR TRANSPORT AND COMMUNICATIONS AIR NAVIGATION ACT 1920
Air Navigation Regulations (Amendment)
Section 26 of the Air Navigation Act 1920 (the Act) provides that the Governor-General may make regulations, not inconsistent with the Act, prescribing all matters which are required or permitted by the Act to be prescribed for carrying out or giving effect to the Act. It also provides that the Governor-General may make regulations in relation to air navigation with respect to trade and commerce with other countries.
An international airline requires a licence which is issued under the Act, and a timetable approved under the Regulations. Regulation 106C of the Air Navigation Regulations (ANRs) formerly specified the need for international airlines to submit applications for timetables to the Secretary, for the Secretary to consider those applications and for a carrier to refrain from operating any new services until it had received the approval of the Secretary for a new or amended timetable or until one month had passed without response.
Following a review of the operation of the provisions and of regulatory powers available to the aeronautical authorities of our bilateral partners, and in the light of the imposition of punitive action on Qantas by United States’ aeronautical authorities during 1987 and 1988, together with the threat of further such action by US authorities, ANR 106C was amended to provide for clearer filing requirements for airlines and to tighten timetable approval procedures. It more clearly defines the meaning of the term “timetable” and gives the Secretary powers to vary, cancel or suspend timetables comparable with those available to the authorities of our bilateral partners. The amendments are contained in new regulations 106B and 106C. Such powers are designed, inter alia, to provide a measured response to infringements of regulatory requirements or in the case of anti-competitive action that affects the operations of an Australia carrier.
Regulation 1 of these regulations defines “Principal Regulations” to mean the Air Navigation Regulations.
Regulation 2 repeals regulation 106C and substitutes new regulations 106B and 106C.
It defines the term “timetable”, provides for approval procedures, powers for the Secretary to vary, cancel or suspend an approval given for a
timetable and for notification requirements of the Secretary’s decision. Detailed explanations follow.
New subregulation 106B (1) defines those elements of international air operations which are included in the term “timetable” and the term “approved timetable” for the purposes of these regulations.
New subregulations 106B (2) to 106B (9) inclusive expand upon existing regulations 106C (1) to 106C (3) inclusive and make the requirement for timetable submissions and approval procedures more specific to avoid misunderstandings that have stemmed from the current approval procedures. The Secretary is empowered to determine the period, not exceeding 12 months, for which an approval is effective.
New subregulations 106B (7) and 106B (9) to 106B (12) inclusive empower the Secretary to approve a timetable as submitted or with alterations determined by the Secretary, or to vary an approved timetable on request by the airline or in prescribed circumstances. This amendment is designed to give the Secretary powers to match those available to foreign aeronautical authorities and, inter alia, to provide for a measured response to acts which adversely affect the competitive position of an Australian airline. Where a timetable has been varied, the Secretary shall notify the airline in writing of details of the variation.
New regulation 106C introduces new powers for the Secretary to cancel or suspend an approved timetable, in similar circumstances to those described for the power of variation, but also takes account of situations where there has been a breach of the regulations or of an agreement or arrangement by which the foreign government, authority or airline is bound. These powers are comparable to those available to the aeronautical authorities of Australia’s bilateral partners.
Regulation 3 is a savings provision which ensures that timetables approved prior to the commencement of these new regulations be taken to be approved timetables for the purposes of these new regulations.
These regulations commenced on the date of notification in the gazette.