Air Navigation Regulations (Amendment)

Overview

The Air Navigation Regulations (Amendment) Statutory Rules 1990 No. 299, issued under the authority of the Minister for Transport and Communications, amends the Air Navigation Regulations to extend the existing smoking ban on domestic aircraft to include regular public transport aircraft engaged in scheduled international flights while they are in Australian territory and flying between Australian aerodromes. This amendment was introduced to address concerns about the adverse effects of passive smoking on the health of passengers and flight crew. The policy objective of this amendment is to ensure consistent safety and health standards across all types of regular public transport flights operating within Australia, by prohibiting smoking and imposing fines for violations. These regulations were enacted to align the smoking ban with the comprehensive protection of public health, irrespective of the type of flight or the nationality of the passengers and crew involved.

Scope and Application

The Air Navigation Regulations (Amendment) Statutory Rules 1990 No. 299, issued under the authority of the Minister for Transport and Communications, modify the Air Navigation Regulations to extend the smoking ban to include regular public transport aircraft in Australia engaged in scheduled international flights. This amendment applies specifically to aircraft while they are within Australian territory and operating between Australian aerodromes. The existing fines for smoking on these aircraft remain unchanged, with individuals who smoke facing a penalty of $500, and operators who fail to display a smoking prohibition notice facing a penalty of $2,500. The regulation change was made to address concerns about the health risks associated with passive smoking for both passengers and flight crew. The amendment came into effect on 1 October 1990 by redefining "prescribed aircraft" to include both domestic and international regular public transport aircraft within the scope of the smoking ban.

Key Provisions

The main operative sections of the Air Navigation Regulations (Amendment) concern the expansion of the smoking ban on aircraft engaged in regular public transport services. Under Section 26(1) of the Air Navigation Act 1920, the Governor-General is authorised to make regulations for the purposes of the Act. This amendment extends the existing ban on smoking, which was initially applied to domestic aircraft (Section 246 of the Air Navigation Regulations), to include international aircraft when they are in Australian territory and flying between Australian aerodromes. The purpose of this amendment, as indicated in the explanatory statement, is to protect the health of passengers and flight crews from the adverse effects of passive smoking. The obligations imposed by the amending Regulations are straightforward. Any person who smokes on a regular public transport aircraft, whether domestic or international, while it is within Australian territory and flying between Australian aerodromes, is subject to a fine of $500. Furthermore, the operator of such aircraft must display a notice indicating that smoking is prohibited. If an operator fails to display this notice, they face a fine of $2,500. These obligations are clearly intended to enforce the ban and ensure compliance through clear communication and financial deterrents. The consequences for breaching these regulations are also delineated in the amending Regulations. For individuals, smoking on a prohibited aircraft results in a fine of up to $500, as per the existing regulations and the amendment. Similarly, operators who do not display the required no-smoking notices are subject to a fine of $2,500. These penalties are consistent with the previous fines established under the Air Navigation Act 1920 and aim to enforce the legislative intent to protect public health by eliminating smoking on aircraft.