Air Navigation Regulations (Amendment) 1993 No. 265
EXPLANATORY STATEMENT
STATUTORY RULES 1993 No. 265
Issued by the 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 GovernorGeneral may make regulations for the purposes of the Act.
Regulation 107 of the Air Navigation Regulations (the Regulations) deals with the provision and subsequent publication of statistics relating to aviation. The amendments to the Regulations amend this particular regulation.
Specifically:
• clause 2.1 clarifies the question of who can be requested to furnish information relating to a particular aircraft. Subregulation 107(1) previously provided this to be the aircraft's owner. But the owner (owing to, for example, his or her leasing out of the aircraft) is often not able to obtain the information. The subregulation has been amended to provide that either the aircraft's registered owner or the aircraft's operator can be requested to provide the necessary information. The amendments made by clause 2.1 also clarify the situation as to what type of information may be requested;
• subregulation 107(3), essentially, restricts the subsequent communication of certain types of information obtained under regulation 107 (subject to specified provisos such as obtaining consent to do so, etc). Clause 2.2 ties both subregulations 107(1) and 107(2) into this provision;
• clause 2.3 makes a technical change to paragraph 107(3)(b), which is consequential upon the amendment made by clause 2.1;
• clause 2.4, firstly, clarifies subregulation 107(5), which deals with the provision of information to the Secretary, or an authorised officer, by airlines. The information which may be required would relate to items detected during screening for the purposes of aviation security;
• clause 2.4 introduces new subregulation 107(6), which extends the range of persons that can be required to provide information relating to aviation security (to include aerodrome operators). This new provision requires an operator of an aerodrome to provide information, as requested, relating to the aviation security of his or her aerodrome;
• clause 2.4 introduces new subregulation 107(7) which provides that it is an offence for a person who is required to provide information under regulation 107 to give false or misleading information. (Note that paragraph 26(2)(k) of the Act provides for the making of regulations imposing penalties not exceeding $5,000 or imprisonment for a term of two years, or both, for a contravention of, inter alia, a direction, instruction or condition issued, given or made or imposed under, or in force by the virtue of, the regulations.); and finally
• clause 2.4 introduces new subregulation 107(8) which makes it an offence to fail to provide information requested under regulation 107. The operation of this offence provision is subject to subsection 4K(2) of the Crimes Act 1914 (which, essentially, provides that where a person is required to do an act or thing within a particular period or before a particular time, and refusal or failure to do so is an offence, then the person is guilty of an offence in respect of each day during which he or she refuses or fails to comply with the requirement, including the day of a conviction for any such offence or any later day).
The amendments to the Regulations commenced on the date of Gazettal.
Overview
The Air Navigation Regulations (Amendment) 1993 No. 265 was enacted to refine and update the regulatory framework for the collection and dissemination of aviation statistics, as well as to enhance the enforcement of information provision related to aviation security. Issued by the authority of the Minister for Transport and Communications, this amendment to the Air Navigation Regulations of 1920 aims to address practical issues in obtaining necessary information from the relevant parties involved in aviation operations. The policy objective of these amendments is to ensure that the information required for aviation safety and security purposes can be efficiently and effectively obtained from those most capable of providing it, whether they be the aircraft's owner, operator, or aerodrome operator, and to establish clear legal consequences for non-compliance.
Scope and Application
The Air Navigation Regulations (Amendment) 1993 No. 265, made under the authority of the Minister for Transport and Communications, amends the Air Navigation Regulations to provide further clarity and flexibility in the collection and communication of aviation-related statistics and security information. The amendments apply to both the registered owner and operator of an aircraft, as well as airlines and aerodrome operators, extending the range of persons who can be requested to provide information relevant to aviation safety and security. The regulation applies nationally, given its foundation in the Commonwealth Air Navigation Act 1920. The amendments specify the types of information that can be requested, clarify the circumstances under which certain information may be communicated, and establish penalties for providing false or misleading information or failing to provide requested information. These amendments do not exclude any specific persons or entities from their application and do not introduce any new exemptions or thresholds. The operation and enforcement of these amendments are supported by subordinate instruments, including the Crimes Act 1914, which outlines the penalties for contravening the regulations.
Key Provisions
The Air Navigation Regulations (Amendment) 1993 No. 265, made under the authority of the Air Navigation Act 1920, introduces several key changes to Regulation 107, which governs the provision and publication of aviation-related statistics. Clause 2.1 amends subregulation 107(1) to allow either the aircraft's registered owner or the operator to be requested to provide information, as the original owner may not always be in a position to supply the needed data. Furthermore, the amendment clarifies the types of information that can be requested. Subregulation 107(3) is updated in clause 2.2, which restricts the communication of certain information obtained under Regulation 107, subject to certain conditions such as obtaining consent. Clause 2.3 makes a technical adjustment to paragraph 107(3)(b) to align with the changes made by clause 2.1.
Clause 2.4 introduces several new provisions to Regulation 107. Subregulation 107(5) is clarified to specify that airlines must provide information to the Secretary or an authorised officer regarding items detected during aviation security screening. Additionally, new subregulation 107(6) extends the range of persons who can be required to provide aviation security information to include aerodrome operators. These operators must provide requested information relating to the security of their aerodromes. Furthermore, clause 2.4 introduces new subregulation 107(7), which criminalises the act of providing false or misleading information when required to do so under Regulation 107.
Under the authority of the Air Navigation Act 1920, the Regulations impose obligations on the registered owners and operators of aircraft, as well as aerodrome operators, to provide information relating to aviation security when requested to do so. This includes supplying data detected during screening processes. The amendments require these parties to ensure that the information provided is accurate and truthful, with legal consequences for any failure to comply with these requirements. The new provisions aim to enhance the quality and reliability of the data collected, which is critical for maintaining aviation security and ensuring compliance with regulatory standards.
The amendments introduce two new offences under Regulation 107. Subregulation 107(7) makes it an offence for a person who is required to provide information to give false or misleading information, with penalties not exceeding $5,000, imprisonment for a term of two years, or both, as per paragraph 26(2)(k) of the Air Navigation Act 1920. Additionally, subregulation 107(8) criminalises the failure to provide information when requested, with the offence being compounded for each day of non-compliance, in accordance with subsection 4K(2) of the Crimes Act 1914. These provisions underscore the importance of accurate and timely information in aviation security and the serious consequences for non-compliance.