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 There is therefore no need to retain subregulation 315AA(2) in the Regulations and it is repealed by paragraph 4(a).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.
Overview
The Air Navigation Regulations (Amendment) 1996, issued under the Air Navigation Act 1920, was enacted to refine and update existing regulations concerning the discharge of firearms for aviation security purposes. The objective of this legislation, as articulated in the explanatory statement, was to align the regulatory framework with the evolving security responsibilities within the aviation sector. The Air Navigation Regulations were amended to remove the need for retaining a specific subregulation that had become redundant due to the Federal Airports Corporation By-laws. This amendment was driven by the need to streamline regulations and avoid redundancy, thereby ensuring a more effective and efficient regulatory environment. Additionally, the regulation introduced new provisions to authorise protective service officers to discharge firearms at non-Federal airports, reflecting the transfer of policing responsibilities to the Australian Protective Service. These amendments were intended to ensure that the regulatory framework remains relevant and effective in addressing current security needs within the aviation sector.
Scope and Application
The Air Navigation Regulations (Amendment) Statutory Rules 1990 No 255, issued under the authority of the Minister for Shipping and Aviation Support, modify the Air Navigation Regulations 1996 to align with the Air Navigation Act 1920. These amendments primarily affect authorised persons involved in aviation security, specifically those permitted to discharge firearms at designated aerodromes. The changes include repealing the requirement for certain authorised persons to carry photographic identity cards, which was previously stipulated in subregulation 315AA(2). This repeal follows the implementation of Federal Airports Corporation By-laws, which now regulate the discharge of firearms at Federal airports. Additionally, the amendments extend the authority for protective service officers to discharge firearms at non-Federal airports and other licensed aerodromes, reflecting the Australian Protective Service's expanded role in policing major aerodromes. The changes also correct minor drafting errors in existing regulations 310 and 311. These regulatory amendments commenced on the date of their notification in the Gazette, thereby immediately applying to the relevant entities and individuals operating within the scope of the Air Navigation Act.
Key Provisions
The Air Navigation Regulations (Amendment) Statutory Rules 1990 No 255, issued under the authority of the Minister for Shipping and Aviation Support, amend the Air Navigation Regulations 1996. These amendments primarily revolve around the provisions for the discharge of firearms in relation to aviation security and aerodrome policing. Specifically, the amendments repeal subregulation 315AA(2), which previously allowed certain authorised persons to discharge firearms at Federal airports, as these matters are already regulated under Federal Airports Corporation By-laws (paragraph 4(a)). Furthermore, the new subregulation 315AA(3)(ca) permits protective service officers to discharge firearms at aerodromes that are not Federal airports, reflecting the Australian Protective Service's role in policing major aerodromes (paragraph 4). Additionally, a minor amendment ensures that protective service officers can discharge firearms at aerodromes licensed under the Civil Aviation Regulations (subparagraph 315AA(3)(f)(iii)). Finally, regulations 2 and 3 correct minor drafting errors in existing regulations 310 and 311.
These amendments impose specific obligations on authorised persons and protective service officers. Authorised persons, who were previously allowed to discharge firearms at Federal airports, are no longer permitted to do so under the repealed subregulation 315AA(2). Protective service officers, however, are now authorised to discharge firearms at non-Federal airports and aerodromes licensed under the Civil Aviation Regulations, as outlined in the newly inserted subregulation 315AA(3)(ca) and the amended subparagraph 315AA(3)(f)(iii). These provisions ensure that there is a clear and consistent framework for the discharge of firearms in the context of aviation security, aligning with the responsibilities of relevant authorities.
Failure to comply with the provisions of the Air Navigation Regulations can result in significant legal consequences. While the specific offences, penalties, or civil/criminal consequences are not detailed in the explanatory statement, it is reasonable to infer that breaches of these regulations could lead to penalties under the Air Navigation Act 1920 or other relevant legislation. Typically, unauthorised discharge of firearms at aerodromes could result in criminal charges, fines, and potential imprisonment, as these actions pose serious risks to aviation safety and security. The precise penalties would depend on the nature and severity of the breach, as well as any additional relevant laws that may apply.