STATUTORY RULES.
1929. No. 48.
REGULATIONS UNDER THE AIR
NAVIGATION ACT 1920.
I,
THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the
advice of the Federal Executive Council, hereby make the following Regulations
under the Air Navigation Act 1920, to come into operation forthwith.
Dated
this second day of May, 1929.
STONEHAVEN
Governor-General.
By His Excellency’s Command,
T. W.
GLASGOW
Minister
of State for Defence.
Air Navigation (Enquiry Committee) Regulations.
Short
title.
1. These Regulations may
be cited as the Air Navigation (Enquiry Committee) Regulations.
Definitions.
2. In these Regulations,
unless the contrary intention appears—
“Accident”
includes a forced landing;
“Committee”
means an Air Enquiry Committee appointed under these Regulations;
“Forced
landing” means any landing, including landing on an aerodrome, made necessary
through the failure or partial failure from any cause of any part of the
air-craft including engine, in flight, or through an insufficiency of fuel;
“Reasonable
excuse” in relation to any act or omission by a person summoned as a witness
before a Committee, means an excuse which would excuse an act or omission of a
similar nature by a witness or person summoned as a witness before a court of
law.
Application
of Regulations.
3. These Regulations shall
apply in the case of air-craft engaged in aviation from one State or Territory
to another State or Territory, and to air-craft engaged in aviation between
Australia and any other country
Enquiry
committee.
4.—(1.) The Governor-General
may, where special circumstances in his opinion make it advisable to do so,
from time to time appoint an Air Enquiry Committee of not less than three
members to enquire into and report on any accident in relation to aircraft
which is referred to the Committee by the Governor-General, and on any matters
relating thereto.
(2.) The Governor-General may
appoint any member of a Committee to be the Chairman of that Committee.
1129.—Price
3d.
(3.) In the absence of the Chairman
from any meeting of a Committee, the members of the Committee present at the
meeting may elect one of their number to act as Chairman at that meeting, and
the person so elected shall at that meeting have and exercise all the powers
and functions of the Chairman under these Regulations.
(4.) The Governor-General shall
determine the number of members of a Committee which shall form a quorum.
Committee
to report on accidents referred to it.
5. The Committee shall
enquire into and report upon any accident which is referred to the Committee by
the Governor-General.
Air
Accidents Investigation Committee not to deal with accidents referred under
these Regulations.
6. An
Air Accidents Investigation Committee constituted under the Air Navigation
(Investigation of Accidents) Regulations shall not, save in pursuance of
special directions given by the Governor-General, have power to investigate any
accident which has been referred to an Air Enquiry Committee in pursuance of
these Regulations.
Enquiry
to be in public except as otherwise ordered.
7. The Committee shall
conduct the enquiry in public except such part (if any) of the enquiry as, in
the opinion of the Committee, ought in the public interest to be conducted in
private.
Power
to send for witnesses and documents.
8. For the purpose of the
enquiry, the Chairman of a Committee may by writing under his hand, summon any
person to attend before the Committee at a time and place mentioned in the
summons, and then and there to give evidence and to produce any books,
documents or writings in his custody or control which he is required by the
summons to produce.
Power
to examine upon oath or affirmation.
9. Any member of the
Committee may administer an oath or affirmation to any person appearing as a
witness before Committee, whether the witness has been summoned or appears
without being summoned, and may examine the witness upon oath or affirmation.
Penalty
for falling to attend or produce documents.
10.—(1.) If any person
served with a summons to attend before a Committee, whether the summons is
served personally or by being left at his usual place of abode, fails without
reasonable excuse to attend before the Committee or to produce any documents,
books or writings in his custody or control which he was required by the
summons to produce, he shall be guilty of an offence.
Penalty:
Fifty pounds.
(2.) It shall be a defence to
a prosecution under this section for failing without reasonable excuse to
produce any documents, books or writings if the defendant proves that the
documents, books or writings were not relevant to the enquiry.
Penalty
for refusing to be sworn or to give evidence.
11. If any person appearing
as a witness before a Committee refuses to be sworn or to make an affirmation
or to answer any questions relevant to the enquiry put to him by any member of
the Committee, he shall be guilty of an offence.
Penalty: Fifty pounds.
Statements
made by witness not admissible in evidence against him.
12. A statement or
disclosure made by any witness in answer to any question put to him by a
Committee or any member of a Committee shall not (except in proceedings for an
offence against these Regulations) be admissible in evidence against him in any
civil or criminal proceedings in any Court.
Giving
false testimony
13. Any witness before a
Committee who knowingly gives false testimony in any evidence given by him to
the Committee shall be guilty of an offence.
Penalty:
Imprisonment for twelve months.
Protection
to members of Committee and witnesses.
14. Every member of a
Committee shall, in the exercise of his duty as such member, have the same
protection and immunity as a Justice of the High Court.
Committee
to have right of access to air-craft establishments.
15.—(1.) For the purpose of
the investigation of accidents a Committee shall have the right of access to
any air-craft establishment, and of examination of any air-craft, equipment or
process in that establishment.
(2.) Any person who hinders or
obstructs any member of a Committee in the exercise of any powers conferred by
the last preceding sub-regulation shall be guilty of an offence.
Penalty:
Fifty pounds.
Committee
may authorize person to conduct an investigation.
16.—(1.) A Committee may,
by writing under the hand of the Chairman of the Committee, authorize any
member of the Committee, or any person generally or specially appointed for the
purpose by the Committee to conduct an investigation into any matter to which
these Regulations apply.
(2.) An investigation under this
Regulation shall be so conducted that if a charge is made or is likely to be
made against any person, that person shall have an opportunity of being present
and of making a statement, or giving evidence, and producing witnesses on his
behalf.
(3.) Any person who hinders or
obstructs a person appointed under this Regulation to carry out an
investigation shall be guilty of an offence.
Penalty: Fifty pounds.
By
Authority: H. J. Green, Government
Printer, Canberra.