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.
Overview
The Air Navigation Regulations (Amendment) 1987 No. 278, issued by the Minister for Transport and Communications, amends the existing Air Navigation Regulations to introduce more extensive prohibitions on smoking in certain aircraft. The amendments were enacted to address safety concerns associated with smoking on aircraft, particularly those engaged in regular public transport operations within Australia, excluding those operating international services. The policy objective is to enhance passenger safety by banning smoking at all times in prescribed aircraft, ensuring the provision and display of notices prohibiting smoking, and setting specific penalties for violations. These amendments are consistent with the broader legislative framework provided under the Air Navigation Act 1920 and align with the constitutional power of the Parliament to regulate trading corporations. The measures took effect on 1 December 1987, ensuring that the new prohibitions and penalties were promptly implemented to protect public health and safety in air travel.
Scope and Application
The Air Navigation Regulations (Amendment) 1987 No. 278 pertains to aircraft engaged in regular public transport operations within Australia, excluding those involved in international air services. The regulations extend to trading corporations established within Australia, as authorised by the Commonwealth Constitution. They amend existing provisions by introducing more extensive prohibitions on smoking within prescribed aircraft, which now include all aircraft engaged in domestic public transport services, irrespective of the time or location within the aircraft. These regulations mandate that operators ensure notices prohibiting smoking are provided and displayed at all times while passengers are on board. The regulations maintain the pre-existing safety-related smoking prohibitions in other aircraft and set out specific penalties for violations, including fines of up to $500 for smoking in breach of the prohibitions and up to $2500 for failing to display the required notices. The amendments were designed to strengthen safety measures and commenced on 1 December 1987.
Key Provisions
The Air Navigation Regulations (Amendment) 1987 No. 278 introduces significant changes to the smoking prohibitions in aircraft engaged in regular public transport operations within Australia. Regulation 246, previously prohibiting smoking at specific times and locations, now extends to a blanket ban on smoking at all times in a prescribed aircraft. A prescribed aircraft is defined as one operated by a corporation established within Australia and engaged in regular public transport operations, excluding those operating international air services. This amendment ensures that smoking is prohibited at all times in such aircraft, regardless of the stage of the flight or specific location within the aircraft.
The regulations impose clear obligations on operators of affected aircraft. Firstly, operators must ensure that a notice prohibiting smoking is prominently displayed at all times while passengers are on board, and this notice must remain illuminated if it is illuminative. Secondly, the failure to display such a notice does not negate the smoking prohibition, meaning that the requirement to display the notice is independent of the prohibition itself. These obligations are detailed in new subregulations (6) and (7) of regulation 246.
Failure to comply with the new regulations carries specific penalties. Regulation 246 outlines that passengers who smoke in contravention of the prohibitions face a penalty of up to $500. Additionally, operators who fail to ensure the provision and display of a notice indicating that smoking is prohibited face a penalty of up to $2500. These penalties are intended to reinforce the seriousness of the new smoking prohibitions and ensure compliance. The measures outlined in these regulations, including the penalties, are designed to enhance safety and public health on domestic flights within Australia. These changes commenced on 1 December 1987.