STATUTORY RULES
1969 No.
––––––––––
REGULATIONS UNDER THE AIR NAVIGATION ACT 1920-1966.*
I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulation under the Air Navigation Act 1920-1966.
Dated this twenty-third day of January, 1969.
CASEY
Governor-General.
By His Excellency’s Command,
Minister of State for Civil Aviation.
–––––––
Amendment of the Air Navigation Regulations †
Institution of proceedings.
Regulation 317 of the Air Navigation Regulations is amended—
(a) by inserting after sub-regulation (2.) the following sub-regulations:—
“(2a.) The fact that a consent has not been given under either of the last two preceding sub-regulations does not prevent—
(a) the charging of a person with an offence;
(b) the arrest of a person for an offence or the issue and execution of a warrant for such an arrest; or
(c) the remanding in custody or on bail of a person charged with an offence,
but no further step in proceedings of a kind referred to in either of the last two preceding sub-regulations shall be taken in relation to the offence until a consent in accordance with that sub-regulation has been obtained.
“(2b.) Nothing in the last preceding sub-regulation prevents the discharging of the accused if proceedings are not continued within a reasonable time.”; and
(b) by omitting from sub-regulation (3.) the words “the last preceding sub-regulation” and inserting in their stead the words “sub-regulation (2.) of this regulation”.
* Notified in the Commonwealth Gazette on 1968.
† Statutory Rules 1947, No. 112, as amended by Statutory Rules 1947, No. 162; 1948, No. 69; 1949, Nos. 6 and 70; 1950, No. 69; 1952, Nos. 30, 46 and 87; 1953, No. 44; 1954, Nos. 26, 32 and 119; 1955, No. 29; 1956, No. 16; 1957, No. 12; 1958, No. 77; 1960, Nos. 21, 96 and 99; 1961, No. 102; 1964, Nos. 61 and 128; 1965, No. 33; and 1966, No. 5; and 1967, No. 65.
Printed for the Government of the Commonwealth by W. G. Murray at the Government Printing Office, Canberra
27073/68–––Price 5c 9/18.12.1968
Overview
The Air Navigation Regulations 1969 were enacted by the Governor-General in Council under the authority of the Air Navigation Act 1920-1966. The purpose of these regulations was to address procedural gaps in the enforcement of air navigation offences, particularly those related to the timing and progression of legal proceedings against individuals accused of such offences. This legislative instrument was designed to ensure that while certain steps could be taken without prior consent, others would require explicit authorisation, thereby balancing the need for prompt action with the rights of the accused. The overarching policy objective was to provide a clear and structured framework for the initiation and continuation of legal proceedings in cases of air navigation violations, ensuring both the effective enforcement of regulations and the protection of due process rights.
Scope and Application
The Statutory Rules 1969 No. –––––––––– Regulations under the Air Navigation Act 1920-1966 establish provisions governing the conduct of proceedings related to air navigation offences within the Commonwealth of Australia. These regulations apply to any person or entity involved in air navigation activities and are enforced by the Commonwealth, extending their reach to all airspace over Australia. The Act does not exclude any specific persons or entities from its purview but does outline procedures for the initiation and continuation of proceedings, as evidenced by the amendment to Regulation 317, which stipulates that certain actions, such as charging a person with an offence or arresting them, can proceed even without prior consent, though further steps cannot be taken until consent is obtained. This regulation also ensures that if proceedings are not continued within a reasonable time, the accused can be discharged. The application of these regulations is further defined and potentially extended through subordinate instruments, which may provide additional details or exceptions as necessary.
Key Provisions
The key operative sections of the Statutory Rules 1969 No. ––––––––––, which are regulations made under the Air Navigation Act 1920-1966, pertain to the amendment of Regulation 317 of the Air Navigation Regulations. Specifically, the regulation has been altered to include two new sub-regulations (2a) and (2b) inserted after sub-regulation (2). Sub-regulation (2a) states that the absence of a consent does not prevent the charging, arrest, or remanding in custody or on bail of a person for an offence. However, it mandates that no further steps in the proceedings related to the offence can be taken until consent is obtained in accordance with the regulation. Sub-regulation (2b) clarifies that the lack of consent does not prevent the accused from being discharged if the proceedings are not continued within a reasonable time.
These regulations impose specific obligations on the parties involved in the enforcement of air navigation laws. Firstly, they require that a person can be charged, arrested, or remanded in custody or on bail for an offence without necessarily obtaining consent as per the regulations. However, the enforcement must halt unless the required consent is secured. Secondly, the regulations ensure that if the accused is not discharged within a reasonable period, it does not hinder the continuation of proceedings. This balance ensures that procedural requirements are met while protecting the rights of the accused.
The Statutory Rules include provisions for civil and criminal consequences for any breaches of the amended regulation. The primary civil consequence involves the halting of proceedings until the requisite consent is obtained, as stated in sub-regulation (2a). Additionally, there is a potential criminal penalty for failing to adhere to the timelines for continuing proceedings, as stipulated in sub-regulation (2b). The exact penalties for these breaches are not specified in the provided text, but they would typically be outlined in the primary legislation or other relevant legal instruments. The overarching intent is to ensure that both the enforcement of air navigation laws and the rights of individuals are protected within the legal framework.