EXPLANATORY STATEMENT
STATUTORY RULES 1983 NO. 39..
Issued by the Authority of the Minister for Aviation
AIR NAVIGATION REGULATIONS (AMENDMENT)
This amendment of the Air Navigation Regulations repeals regulation 3.
Regulation 3 sets out the Parts and Divisions into which the Regulations are divided. Such provisions in the body of the Regulations are not needed, as current practice is to provide a Table of Provisions when Regulations are reprinted.
Overview
The Air Navigation Regulations (Amendment) Statutory Rules 1983 No. 39, issued by the Authority of the Minister for Aviation, aim to streamline the legislative framework by repealing regulation 3. Enacted in 1983, these amendments address the redundancy of certain structural provisions within the Air Navigation Regulations. Rather than maintaining detailed divisions and parts within the regulations themselves, the new approach relies on a Table of Provisions when the regulations are reprinted. This change reflects a policy objective to simplify and modernise the regulatory framework, enhancing clarity and accessibility for practitioners while ensuring the continued efficacy of air navigation governance.
Scope and Application
The Air Navigation Regulations (Amendment) Statutory Rules 1983 No. 39, issued under the authority of the Minister for Aviation, pertains to the regulatory framework governing air navigation within Australia. These regulations apply to all persons, entities, and industries involved in aviation activities, encompassing aircraft operations, air traffic control, and related services. The jurisdictional reach of these amendments extends across the Commonwealth of Australia, ensuring a uniform approach to air navigation regulation. The primary objective of the amendment is to repeal regulation 3, which previously outlined the structural divisions within the Air Navigation Regulations. This repeal is made in recognition of the evolving regulatory environment, where a Table of Provisions is now used instead for clarity and accessibility. Notably, this amendment does not introduce any exclusions, exemptions, or thresholds, maintaining the existing regulatory standards. However, the scope of application may be further defined or extended through subordinate instruments, ensuring that the regulations remain adaptable to future operational and technological changes in the aviation sector.
Key Provisions
The Air Navigation Regulations (Amendment) primarily focuses on repealing regulation 3, which previously outlined the Parts and Divisions into which the Regulations were divided (reg 3). This amendment signifies a shift towards a more streamlined approach, as the Regulations will now include a Table of Provisions when reprinted, thereby providing clarity and ease of navigation for users (reg 3).
Under the amended Regulations, the primary obligation imposed on parties and entities governed by these rules is the requirement to adhere to the Table of Provisions when navigating the Regulations. This Table will serve as a comprehensive guide, listing all parts and divisions, thus ensuring that users can readily find and understand the applicable sections and subsections (reg 3). This change facilitates better compliance and interpretation of the regulations, as well as improving the overall accessibility of the legislative framework.
Regarding potential breaches of the amended Regulations, it is important to note that there are no specific offences, penalties, or civil/criminal consequences outlined within this amendment itself. However, any breach of the Air Navigation Regulations, including the repealed regulation 3, could result in consequences as per the broader legislative framework governing air navigation. This may include fines, imprisonment, or other civil or criminal penalties as stipulated in the overarching Air Navigation Act 1920 or other relevant legislation. The exact penalties would depend on the nature and severity of the breach, as well as any other applicable laws.
In summary, the Air Navigation Regulations (Amendment) primarily focuses on simplifying the regulatory framework by repealing regulation 3 and replacing it with a Table of Provisions. This amendment imposes an obligation on users to rely on the Table of Provisions for navigation and interpretation. While the amendment itself does not introduce new penalties, any breach of the Air Navigation Regulations may still result in consequences as per the broader legal framework, including potential fines and imprisonment.