Air Navigation Regulations (Amendment)

Overview

The Air Navigation Regulations (Amendment) 1995 No. 29, issued under the authority of the Minister for Transport, was enacted to address the gap in existing regulations that needed to comply with the international obligations arising from the Treaty between Australia, the United States of America, and Canada. This treaty, signed on 1 November 1994, mandates that the signatory countries ban smoking on all passenger flights between points within the territories of the parties, excluding flights routed through non-party states. To align with this international commitment, the amendments extend the prohibition on smoking, previously limited to domestic flights, to all non-stop scheduled and charter passenger flights operated by Australian airlines between Australia, the United States, and Canada. The policy objective is to ensure that Australia meets its treaty obligations by enforcing a smoking ban on specified international flights, which came into effect on 1 March 1995, coinciding with the treaty's commencement.

Scope and Application

The Air Navigation Regulations (Amendment) 1995 No. 29 apply to all non-stop scheduled and charter passenger flights operated by Australian airlines between Australia, the United States of America and Canada. These regulations are a response to an international treaty which mandates the ban on smoking on flights between the territories of the signatory countries, and they extend the existing prohibition on smoking on domestic flights to international routes. This amendment ensures compliance with Australia's international obligations under the Treaty by prohibiting smoking on flights that do not make any stops within the territories of the United States of America or Canada. The regulations came into effect on 1 March 1995, the same date on which the Treaty entered into force. While these amendments primarily focus on extending the prohibition of smoking to international flights, they do not explicitly state any exclusions, exemptions, or thresholds; however, they are made under the authority of the Air Navigation Act 1920 and may be subject to further clarification or expansion through subordinate instruments issued by the Minister for Transport.

Key Provisions

The primary operative sections of the Air Navigation Regulations (Amendment) 1995 No. 29 involve the expansion of the definition of "prescribed aircraft" under subregulation 246(5). This amendment extends the prohibition on smoking to all non-stop scheduled and charter passenger flights operated by Australian airlines between Australia, the United States of America, and Canada. Previously, subregulation 246(5) only prohibited smoking on domestic passenger air services, but this amendment aligns with Australia's international obligations under the Treaty signed with the United States and Canada on 1 November 1994. These amendments impose significant obligations on Australian airlines operating non-stop flights between the mentioned countries. Specifically, they must enforce a smoking ban on all passenger flights, ensuring that no passenger smokes during the flight. This includes both scheduled and charter flights, which must comply with the regulations as soon as they take effect on 1 March 1995. The regulations require airlines to prominently display notices regarding the smoking ban and to enforce this prohibition strictly. Failure to comply with these regulations can lead to various civil and criminal consequences. Under the Air Navigation Act 1920, individuals who violate the smoking ban on prescribed aircraft may face penalties. The maximum penalty for such violations can include fines and potential imprisonment. Furthermore, airlines that do not enforce the ban or fail to comply with the regulations may also face substantial fines and sanctions, which could impact their operations and reputation. It is crucial for all parties governed by these regulations to adhere strictly to the requirements to avoid these penalties and legal repercussions.