Air Navigation Regulations (Amendment) 1992 No. 221
EXPLANATORY STATEMENT
STATUTORY RULES 1992 No. 221
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 Governor-General may make regulations for the purposes of the Act.
Regulation 329 of the Air Navigation Regulations (the Regulations) deals with the imposition of fees and charges. Schedule 2 of the Regulations sets out the scale of these fees and charges. The majority relate to international airline licences issued to Australian scheduled international air service operators pursuant to Regulation 191. At present Qantas is the sole Australian designated international carrier for passenger operations. Ansett Airlines and Pelair are licensed for freight operations. The fees and charges paid by these operators are discriminatory in that foreign scheduled international carriers are required to be licensed under the Act but are not required to pay licence fees.
The Government announced on 26 February 1992 that multiple designation of Australian carriers on international routes would be introduced as soon as practicable. This will be effected by the International Air Services commission Bill 1992 which is presently before Parliament and is scheduled to commence on 1 July 1992. The Commission will allocate available capacity on international routes between applicant airlines.
The amendments revoke those provisions in Regulation 329 which impose fees and charges for licensing thereby reducing the financial costs on existing and new Australian scheduled international carriers and placing Australian and foreign airlines on an equal footing.
The Regulations are amended as follows:
1. Regulation 1 provides the date of commencement of the amendment is 1 July 1992.
2. Regulation 2 provides that the Regulations are amended as set out.
3. Regulation 3 provides that Regulation 329 is amended by deleting:
- subregulations 329(2) and 329(3). These subregulations prescribe the formula for calculating international air licence fees
- the word "licence" from subregulation 329(5) and paragraph 329(6)(b).
- the definitions of "type A aircraft", "type B aircraft", "type C aircraft", "type D aircraft" and "type E aircraft" from subregulation 329(7). These definitions comprise part of the formula for calculating international air licence fees
4. Regulation 4 provides that Schedule 2 of the Regulations is amended by deleting items 1, 2 and 3.
Overview
The Air Navigation Regulations (Amendment) 1992 No. 221 is an amendment to the Air Navigation Regulations 1992, enacted to address the issue of discriminatory fees and charges imposed on Australian scheduled international air service operators compared to their foreign counterparts. The amendment was issued by the authority of the Minister for Transport and Communications under Subsection 26(1) of the Air Navigation Act 1920, which empowers the Governor-General to make regulations for the purposes of the Act. The policy objective of this amendment is to ensure fair and equitable treatment of all airlines by removing the discriminatory fees and charges for licensing, thereby placing Australian and foreign airlines on an equal footing. The amendment revoked provisions in Regulation 329 that imposed fees and charges for licensing, thus reducing the financial costs on existing and new Australian scheduled international carriers.
Scope and Application
The Air Navigation Regulations (Amendment) 1992 No. 221 applies to the Air Navigation Regulations under the authority of the Minister for Transport and Communications, and it modifies certain provisions to align with the introduction of multiple designation of Australian carriers on international routes. This amendment is specifically targeted at the fees and charges imposed on Australian scheduled international air service operators, such as Qantas, Ansett Airlines, and Pelair, by revoking the regulatory provisions that previously imposed discriminatory fees and charges on these operators. These amendments aim to place Australian and foreign airlines on an equal footing by eliminating the financial costs associated with licensing for Australian operators. The scope of these regulations is national, affecting the entire aviation industry within Australia. The changes commence on 1 July 1992 and are designed to support the International Air Services Commission Bill 1992, which is also scheduled to commence on the same date.
Key Provisions
The Air Navigation Regulations (Amendment) 1992 No. 221, issued under the authority of the Minister for Transport and Communications, primarily amends the Air Navigation Regulations concerning the imposition of fees and charges related to international airline licences. Section 26(1) of the Air Navigation Act 1920 empowers the Governor-General to make regulations for the purposes of the Act, and Regulation 329 of the Air Navigation Regulations deals with these fees and charges. The amendments target Regulation 329 and Schedule 2, which detail the fees for international airline licences, particularly those for Australian scheduled international air service operators. The current system imposes discriminatory fees on Australian carriers while exempting foreign carriers, which the amendments aim to rectify by removing specific fee provisions.
The obligations imposed by these amendments require Australian scheduled international air service operators to cease paying certain licence fees previously stipulated under Regulation 329. This includes the elimination of subregulations 329(2) and 329(3), which detailed the fee calculation formula, and the removal of the word "licence" from subregulations 329(5) and 329(6)(b). Furthermore, the definitions of various aircraft types that formed part of the fee calculation formula are deleted from subregulation 329(7). Additionally, Schedule 2 is amended by removing items 1, 2, and 3, which listed the specific fees for different types of aircraft.
The amendments also introduce consequential changes, ensuring that both Australian and foreign airlines are treated equally by removing the discriminatory fee structure. This aligns with the government's policy to allow multiple designation of Australian carriers on international routes, a move facilitated by the International Air Services Commission Bill 1992, which is set to commence on 1 July 1992. This legislation will enable the Commission to allocate international route capacity among applicant airlines, further promoting fair competition in the aviation sector.
In terms of breaches and penalties, the Regulations themselves do not specify detailed civil or criminal penalties for non-compliance with the amended provisions. However, general principles of administrative law and the Air Navigation Act 1920 may apply. Non-compliance with regulatory requirements can lead to enforcement actions, including fines or other administrative penalties as determined by the relevant authorities. The precise consequences would depend on the specific circumstances of non-compliance and any applicable provisions within the overarching legislative framework.