EXPLANATORY STATEMENT
Statutory Rules 1986 No. 357
Issued by the Authority of the Minister for Aviation
AIR NAVIGATION REGULATIONS (AMENDMENT)
Paragraph 26(1)(a) of the Air Navigation Act 1920 provides, among other things, that the Governor-General may make regulations, not inconsistent with the Act, prescribing matters which are necessary or convenient to be prescribed for carrying out or giving effect to the Act.
Under previous sub-regulation 255(2) of the Air Navigation Regulations, whenever the Secretary refused to grant a licence or certificate, he was required to furnish to the applicant notification in writing of the refusal specifying the ground of the refusal and the facts or circumstances that constituted that ground. Previous sub-regulation 258(2) provided that a notice of variation, suspension or cancellation of a licence or certificate should contain full particulars of the facts or circumstances that constituted the ground or grounds for that variation, suspension or cancellation.
The regulations amend regulation 255 and 258 to ensure that any person affected by a decision made under those regulations is informed of their right of appeal.
New sub-regulations 255(2) and (3) provide that whenever the Secretary makes a decision refusing to grant a licence or certificate, the applicant must be informed of the decision, the grounds for the decision and of review rights under the Administrative Appeals Tribunal Act 1975. New sub-regulation 258(2) ensures that, whenever the Secretary makes a decision to vary, suspend or cancel a licence or certificate, the holder of the licence or certificate must be informed of the grounds for the decision and of review rights under the Administrative Appeals Tribunal Act 1975.
New sub-regulations 255(4) and 258(2A) protect the validity of a licensing decision notwithstanding failure by the Secretary to inform the applicant or licence holder of appeal rights. These provisions are consistent with procedures relating to administrative appeals.