EXPLANATORY STATEMENT
STATUTORY RULES No 432
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 provides that Governor-General may make regulations for the purposes of the Act.
On 25 September 1990 the Security Council of the United Nations adopted Resolution 670(1990). That Resolution requires all States to deny permission to aircraft to take off from their territory if the aircraft would carry any cargo to or from Iraq or Kuwait other than:
food in humanitarian circumstances, authorised by the Committee established by Resolution 661(1990) of the Security Council, carried in accordance with Resolution 666(1990) of the Security Council; or
supplies intended strictly for medical purposes or solely for the United Nations Iran Iraq Military Observer Group (UNIIMOG).
The Resolution also requires States to deny permission to any aircraft destined to land in Iraq or Kuwait to overfly their territory unless:
the aircraft lands at a designated airfield outside Iraq or Kuwait to permit its inspection to ensure that there is no cargo on board in violation of Resolutions 661(1990) or 670(1990); or
the particular flight was approved by the Committee established by Resolution 661(1990); or
the flight is certified by the United Nations as solely for the purposes of UNIIMOG.
Australia has an international legal obligation to comply with Security Council Resolutions.
The amendments to the Air Navigation Regulations implement Resolution 670(1990) by providing for the Secretary to the Department of Transport and Communications to approve:
flights by Australian aircraft carrying cargo to or from Iraq or Kuwait;
take offs by foreign aircraft carrying cargo to or from Iraq or Kuwait; and
flights over or landings in Australia by an aircraft that has come from or whose destination is Iraq or Kuwait.
Any approval may only be granted subject to conditions to ensure that the requirements of Resolution 670(1990) are met.
Where an application is made for such approval, the applicant must be given a copy of an English translation of Resolutions 661(1990) 666(1990) and 670(1990).
No provision is made for review on the merits of decisions made pursuant to the amendments. Review on the merits is not considered appropriate because the decisions made under the amendments are for the purpose of fulfilling Australian international obligations and because of the effect on Australia’s relations with other countries.