AIR NAVIGATION (AERODROME CURFEW) REGULATIONS (AMENDMENT) 1994 NO. 437

AIR NAVIGATION (AERODROME CURFEW) REGULATIONS (AMENDMENT) 1994 NO. 437

STATUTORY RULES 1994 No. 437

Issued by the Authority of the Minister for Transport

Air Navigation Act 1920

Air Navigation (Aerodrome Curfew) Regulations (Amendment)

Subsection 26(1) of the Air Navigation Act 1920 (the Act) empowers the GovernorGeneral to make regulations in relation to air navigation, being regulations with respect to trade and commerce with other countries and among the States [paragraph 26(1)(d)] and any other matter with respect to which the Parliament has power to make laws [paragraph 26(1)(e)].

Paragraph 26(2)(e) of the Act provides that, without limiting the generality of the above, regulations may be made in relation to the establishment, maintenance, operation and use of aerodromes.

Paragraph 26(2)(k) of the Act provides that regulations under the Act may impose penalties not exceeding a fine of $5,000 for contravention of, or a failure to comply with, a provision of the regulations.

The Air Navigation (Aerodrome Curfew) Regulations (the Regulations) impose a curfew at Sydney (Kingsford Smith) Airport (the Aerodrome) between 11 pm each night and 6am the following morning. The curfew is intended to reduce the night-time noise on the approaches to, and the surrounds of, the Aerodrome.

Where there has been a breach of the curfew the Regulations empower the Secretary (or an authorised person) to prohibit operations at the Aerodrome for a period not exceeding 52 weeks.

The amending Regulations replace this administrative sanction with a criminal sanction under which a breach of the curfew is an offence, punishable upon conviction by a maximum penalty of 50 penalty units, that is, $5,000 (see section 4AA of the Crimes Act 1914). By operation of subsection 4B(3) of the Crimes Act 1914, the maximum penalty is increased to $25,000 in respect of a body corporate.

The Regulations commence on Gazettal.