EXPLANATORY STATEMENT
ISSUED BY THE AUTHORITY OF THE MINISTER FOR TRANSPORT AND COMMUNICATIONS
AIR NAVIGATION REGULATIONS (AMENDMENT)
1987 No. 278
Paragraph 26(1)(e) of the Air Navigation Act 1920 (‘the Act’) provides that the Governor-General may make regulations not inconsistent with the Act in relation to air navigation, being regulations with respect to any matter with respect to which the Parliament has power to make laws. Paragraph 51(xx) of the Constitution empowers the Parliament to make laws with respect to trading corporations formed within the limits of the Commonwealth.
Before amendment regulation 246 of the Air Navigation Regulations in the interest of safety prohibited smoking in all aircraft at various times e.g. while refuelling, during take-off and landing, in a berth of a sleeper aircraft and in part of an aircraft at times when a notice indicated a prohibition on smoking was in force. Provision was made for ensuring provision and display of notices.
Under the amendments, those provisions continue to apply to aircraft not subject to the more extensive prohibitions now introduced.
These regulations ban smoking at all times in a prescribed aircraft. A prescribed aircraft is one engaged in regular public transport operations (other than an aircraft engaged in an international air service) conducted by a Corporation established within Australia. An aircraft operating a domestic sector under an international airline licence is engaged in an international air service.
New subregulation (6) requires an operator of an aircraft affected by the new measures to ensure provision is made at all times while passengers are on board for the display of a notice that smoking is prohibited. Should the notice be illuminative it is to be kept illuminated. New subregulation (7) provides that failure by the operator to ensure provision and display of a notice indicating that smoking is prohibited does not detract from the prohibition.
The maximum penalties are set out in regulation 246. This is consistent with the intention to provide for penalties in the offence creating provisions, rather than rely on the general penalty provisions in regulation 312. A penalty of up to $500 is set for smoking in contravention of the
prohibitions in regulation 246. Failure to ensure provision or display of a notice as required by the regulation as amended attracts a penalty of up to $2500.
Subregulation (8) ensures that the corporations power can be relied upon. Trading corporation is defined by reference to paragraph 51(xx) of the Constitution.
These measures commence on 1 December 1987.