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.
Overview
The Air Navigation (Amendment) Regulations 1996 (F1996B04418) were enacted to address deficiencies in the existing Air Navigation Regulations concerning the approval procedures for airline timetables, particularly in light of international trade and regulatory challenges. These regulations were issued under the authority of the Minister for Transport and Communications and are supplementary to the Air Navigation Act 1920. The policy objective was to provide clearer filing requirements for international airlines and to ensure that the powers of the Secretary regarding timetable approvals are comparable to those of Australia's bilateral partners. This amendment aimed to provide a measured response to regulatory infringements and anti-competitive actions that could adversely affect Australian airlines. The regulations introduced new definitions and approval procedures for airline timetables, along with powers for the Secretary to vary, cancel, or suspend these approvals. These measures were intended to align Australia’s regulatory framework with international standards and to better protect the competitive interests of Australian carriers.
Scope and Application
The Air Navigation Regulations (Amendment) under the Air Navigation Act 1920 apply to international airlines operating in Australia, specifically concerning the submission and approval of timetables. These regulations govern the process by which airlines must apply for and receive approval for their timetables from the Secretary, ensuring that any new or amended services comply with regulatory requirements. The amendments introduce clearer filing requirements and enhance the Secretary's powers to vary, cancel, or suspend timetables, providing a measured response to regulatory infringements or anti-competitive actions that impact Australian carriers. These changes are designed to align Australian regulatory practices with those of Australia’s bilateral partners, thereby offering a consistent and effective regulatory framework. The application of these regulations is national, impacting all international airlines operating within Australia. The regulations do not specify exclusions, but they do extend the Secretary’s authority to manage and control the approval process, ensuring that operations meet the necessary safety and regulatory standards.
Key Provisions
The Air Navigation Regulations (Amendment) Statutory Rules 1988 No. 378, issued under Section 26 of the Air Navigation Act 1920, introduce significant changes to the way international airlines must apply for and receive approval for their timetables. Regulation 106B (1) now clearly defines what constitutes a "timetable" and an "approved timetable" for these purposes. Subregulations 106B (2) to 106B (9) further detail the process for submitting applications for these timetables, ensuring that the procedures are specific and leave little room for misinterpretation, a common issue under the previous regulations. The Secretary, through these new subregulations, is empowered to determine the duration of the approval, which cannot exceed 12 months. Additionally, the Secretary has the authority to approve a timetable as submitted, with alterations as determined by the Secretary, or to vary an already approved timetable either upon request from the airline or under certain prescribed circumstances, as outlined in subregulations 106B (7) and 106B (9) to 106B (12) inclusive.
The obligations imposed by these regulations on international airlines include the submission of detailed applications for their timetables to the Secretary for consideration. Airlines must ensure their applications include all necessary elements as defined in the new subregulation 106B (1). They must also refrain from operating any new services until they have received approval from the Secretary or until one month has passed without a response, as per subregulation 106B (6). Moreover, airlines must comply with any variations, cancellations, or suspensions of their approved timetables as determined by the Secretary, and must adhere to the notification requirements as outlined in subregulation 106B (12).
The regulations also establish clear consequences for non-compliance. Regulation 106C provides the Secretary with the authority to cancel or suspend an approved timetable if there has been a breach of the regulations or if there has been a violation of an agreement or arrangement to which the foreign government, authority, or airline is bound. This mirrors the powers held by Australia’s bilateral partners’ aeronautical authorities. Such actions can be taken to address infringements of regulatory requirements or anti-competitive actions that negatively impact the operations of an Australian airline. Non-compliance with these provisions may lead to significant operational disruptions for the airlines involved, potentially affecting their ability to provide services and maintain their international schedules.