EXPLANATORY STATEMENT
STATUTORY RULES 1990 NO. 299
Issued by authority of the Minister for Transport and Communications
Air Navigation Act 1920
Air Navigation Regulations (Amendment)
Subsection 26(1) of the Air Navigation Act 1920 (the Act) provides that the Governor-General may make regulations for the purposes of the Act.
Paragraph 26(2)(k) of the Act provides, in part, that regulations may provide for the imposition of fines not exceeding $5,000.
By virtue of regulation 246 of the Air Navigation Regulations (the Regulations) smoking has been banned on domestic aircraft engaged in regular public transport services (prescribed aircraft) since 1 December 1987. Regulation 246 provides for a fine of $500 for a person who smokes on a prescribed aircraft. The operator of a prescribed aircraft is required to display a notice indicating that smoking is prohibited. An operator who does not display such a sign is liable to a fine of $2,500.
The purpose of the amendment to the Regulations is to extend the ban on smoking to include regular public transport aircraft in Australia engaged in scheduled international flights. It applies only while such aircraft are in Australian territory and are flying between Australian aerodromes.
The extension of the ban is because of concern about the adverse effects of passive smoking on the health of passengers and flight crews. The previous level of fines continues to apply.
The required changes were achieved by replacing the previous definition of “prescribed aircraft” with a new definition which includes domestic and international regular public transport aircraft while they are flying between aerodromes in Australia.
The amending Regulations commenced on 1 October 1990.