EXPLANATORY STATEMENT
STATUTORY RULES 1985 No 329
Issued by the Authority of the Minister for Aviation
AIR NAVIGATION REGULATIONS (AMENDMENT)
Section 26 of the Air Navigation Act 1920 provides, inter alia, that the Governor-General may make regulations, not inconsistent with the Act, prescribing all matters which are necessary or convenient to be prescribed for carrying out or giving effect to the Act.
It is expected that the provisions of the Australian Citizenship Amendment Act 1984, which would, inter alia, repeal all references to “British subject” status, will be proclaimed to commence early next year. When those provisions are brought into operation the expression “British subject” will have no meaning for the purposes of the Air Navigation Regulations.
In a review of aviation legislation, references to the expression “British subject” were identified in the Regulations. Regulation 322 provided that, unless the Secretary otherwise directed, a licence or certificate required by or under the Regulations was not to be issued to a person who was not a British subject ordinarily resident in Australia or a corporation substantially owned and effectively controlled by British subjects ordinarily resident in Australia.
Regulation 327 of the Regulations which gives effect to Article 27 of the Chicago Convention by providing for exemption from seizure of aircraft and spare parts on patent claims, also contained the expression “British subjects”. Paragraph 327 (4)(b) limited the application of regulation 327 to aircraft registered in countries which are parties to the International Convention for the protection of Industrial Property, or in which there are in force laws protecting inventions made by British subjects resident in Australia territory.
Regulation 1 amends regulation 322 by omitting references to a “British subject” and “British subjects” and substituting “an Australian citizen” and “Australian citizens’” respectively. This amendment removes the preference for British subjects in the granting of licences and certificates, but retains an Australian citizenship and residency requirement. The Secretary’s existing power to grant exemption from the citizenship requirement has been retained.
In relation to air service licences, the amendment will not affect the established practice whereby foreign applicants, or applicant corporations which are substantially owned by foreign interests, are first required to be approved by the Foreign Investment Review Board.
Regulation 2 amends paragraph 327(4)(b) by omitting the words “British subjects resident in Australian territory” and substituting “Australian citizens”. This amendment is consistent with paragraph (c) of Article 27 of the Chicago Convention which provides that the benefits of exemption from seizure on patent claims shall apply only to such States which are parties to the International Convention for the Protection of Industrial Property or which have enacted patent laws which recognize and give adequate protection to inventions made by the nationals of the other States which are parties to the Chicago Convention.