EXPLANATORY STATEMENT
STATUTORY RULES 1990 No 255
Issued by the authority of the Minister for
Shipping and Aviation Support
Air Navigation Act 1920
Air Navigation Regulations (Amendment)
Subsection 26(1) of the Air Navigation Act 1920 (the Act) provides that the Governor-General may make regulations, not inconsistent with the Act, prescribing all matters which by the Act are required or permitted to be prescribed or which are necessary or convenient to be prescribed for carrying out or giving effect to the Act.
A commitment was given to the Senate Standing Committee on Regulations and Ordinances that existing subregulation 315AA(2) of the Air Navigation Regulations (the Regulations) would be amended to require persons, authorised for the purposes of that subregulation, to carry photographic identity cards. That subregulation provides that an authorised person may, for a purpose relating to aviation security, discharge a firearm upon or over any part of a Federal airport. Federal Airports Corporation By-laws, made under the Federal Airports Corporation Act 1986. regulate the discharge of firearms upon or over any part of a Federal airport. There is therefore no need to retain subregulation 315AA(2) in the Regulations and it is repealed by paragraph 4(a).
The other amendments made by regulation 4 are:
the insertion into the Regulations of a new paragraph 315AA(3)(ca), to authorise protective service officers to discharge firearms at aerodromes that are not Federal airports. This is a consequence of the Australian Protective Service assuming responsibility for the uniformed policing function at major aerodromes; and
a minor consequential amendment to existing subparagraph 315AA(3)(f)(iii) of the Regulations to ensure that protective service officers may discharge firearms at aerodromes licensed under the Civil Aviation Regulations.
In addition, regulations 2 and 3 of the amending Regulations correct two minor drafting errors in existing regulations 310 and 311.
The amending Regulations commenced on the date of their notification in the Gazette.