An Act to provide for the application of the Commonwealth Air Navigation Regulations to and in relation to air navigation within the State of New South Wales; to amend the State Transport (Co-ordination) Act 1931 in certain respects; and for purposes connected therewith.
WHEREAS at a conference of representatives of the Governments of the Commonwealth and of the States held in April one thousand nine hundred and thirty-seven it was resolved that there should be uniform rules throughout the Commonwealth applying to air navigation and aircraft, the licensing and competence of pilots, air traffic rules, and the regulation of aerodromes, and it was agreed that legislation should be introduced in the Parliament of each State to make provision for the application of the Commonwealth Air Navigation Regulations, as in force from time to time, to air navigation and aircraft within the jurisdiction of the State:
Be it therefore enacted by the King’s Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of New South Wales in Parliament assembled, and by the authority of the same as follows:
This Act may be cited as the Air Navigation Act 1938.
This Act shall commence upon a day to be appointed by the Governor and notified by proclamation published in the Gazette.
In this Act:
The regulations from time to time in force applicable to and in relation to air navigation within the Territories shall (except so far as those regulations are by virtue of the Commonwealth Act and the regulations applicable to and in relation to air navigation within New South Wales) apply, mutatis mutandis, to and in relation to air navigation within New South Wales as if those regulations as so applied were incorporated in this Act and for the purposes of this Act those regulations shall be read and construed and take effect accordingly:
Provided that where an aircraft is to be used for the conveyance of passengers or cargo in circumstances which will require the aircraft to be licensed under the Air Transport Act 1964, and which will also require the aircraft to be used under the authority of and in accordance with a licence issued under the regulations in their application by virtue of this Act or pursuant to an exemption granted under the regulations as so applied, a licence shall not be issued in respect of that aircraft under the regulations as so applied nor…