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Thursday, 23 August 2001
Page: 26439


Senator COONAN (9:32 AM) —On behalf of the Standing Committee on Regulations and Ordinances, I give notice that, 15 sitting days after today, I shall move:

That the Air Navigation (Essendon Airport) Regulations 2001, as contained in Statutory Rules 2001 No. 125 and made under the Air Navigation Act 1920, be disallowed.

I seek leave to incorporate in Hansard a short summary of the committee's concerns with this instrument.

Leave granted.

The summary read as follows

Air Navigation (Essendon Airport) Regulations 2001, Statutory Rules 2001 No 125

The Regulations specify rules concerning the minimisation of aircraft noise on the community surrounding Essendon airport.

Subregulation 16(1) provides that the Secretary may issue a notice to an operator requesting provision of certain information. Subregulation 16(3) provides that an operator is guilty of an offence if (regulation 16(3)(a)) he or she fails to comply with such a notice, and (regulation 16(3)(b)) the notice has been issued under subregulation (1). Subregulation 16(4) then states that strict liability applies “to the element of an offence under subregulation (3) mentioned in paragraph (3)(b)”. The meaning of subregulation 16(4), however, is not clear. The Explanatory Statement compounds this by stating that regulation 16 provides that “An operator must not knowingly or recklessly fail to comply with such a notice”.