AIR NAVIGATION ACT 1920 - SECT 26 Regulations

AIR NAVIGATION ACT 1920 - SECT 26

  (1)   The Governor - General may make regulations, not inconsistent with this Act:

  (a)   prescribing all matters which by this Act are required or permitted to be prescribed or which are necessary or convenient to be prescribed for carrying out or giving effect to this Act;

  (b)   for the purpose of carrying out and giving effect to the Chicago Convention, as amended by the Protocols referred to in subsection   3A(2), any Annex to the Convention relating to international standards and recommended practices (being an Annex adopted in accordance with the Convention) and the Air Transit Agreement;

  (c)   in relation to air navigation within a Territory or to or from a Territory;

  (d)   in relation to air navigation, being regulations with respect to trade and commerce with other countries and among the States; and

  (e)   in relation to air navigation, being regulations with respect to any other matter with respect to which the Parliament has power to make laws.

  (1A)   Regulations under subsection   (1) may apply to, and in relation to, state aircraft.

  (2)   Without limiting the generality of the preceding provisions of this section, the regulations that may be made under the powers conferred by those provisions include regulations for or in relation to:

  (c)   the licensing of air transport operations;

  (ca)   the charging and recovery of fees and other charges in respect of matters specified in the regulations, being matters in relation to which expenses are incurred by the Commonwealth under this Act or under the regulations, but not being fees or charges the amounts or rates of which exceed amounts or rates that are reasonably related to the expenses incurred by the Commonwealth in relation to the matters in respect of which the fees or charges are payable or that otherwise amount to taxation;

  (d)   controlling the provision for reward of air transport within a Territory or to or from a Territory;

  (e)   the establishment, maintenance, operation and use of aerodromes;

  (i)   the formal proof and authentication of instruments made or issued under this Act or the regulations; and

  (k)   the imposition of penalties not exceeding a fine of 50 penalty units for a contravention of, or failure to comply with, a provision of the regulations or a direction, instruction or condition issued, given, made or imposed under, or in force by virtue of, the regulations; and

  (l)   enabling a person who is alleged to have contravened a specified provision of the regulations to pay to the Commonwealth, as an alternative to prosecution, a specified penalty, not exceeding an amount equal to one - fifth of the maximum penalty prescribed for contravening that provision.

  (4)   The preceding provisions of this section (including provisions that do not contain references to the States or to a Territory) have effect as if the Northern Territory were a State.

  (5)   A law of the Northern Territory does not have effect to the extent to which it is inconsistent with a provision of the regulations having effect in that Territory.