Air Navigation Regulations (Amendment) (Cth)
REGULATIONS UNDER THE AIR
NAVIGATION ACT 1920
I, THE GOVERNOR-GENERAL of the Commonwealth
of Australia, acting with the advice of the Federal Executive Council, hereby
make the following Regulations under the
Dated this seventeenth day of July 1980.
ZELMAN COWEN
Governor-General
By His Excellency’s Command,
RALPH J. HUNT
Minister of State for Transport
_______________
AMENDMENTS OF THE AIR NAVIGATION
REGULATIONS
Regulation 50 of the Air Navigation Regulations is amended—
(a) by inserting in sub-regulation (1) “(whether or not he alone constitutes the flight crew of that aircraft)” after “an Australian aircraft”;
(b) by omitting from sub-regulation (2) “Director-General” and substituting “Secretary”; and
(c) by omitting from sub-regulation (3) “or in a specified Part or Section of Air Navigation Orders”.
2 Privileges and limitations according to the category of licence held Regulation 52 of the Air Navigation Regulations is amended by omitting from sub‑paragraph (iii) of paragraph (aa) of sub-regulation (8) “sub-regulation (1) of regulation 57 of these Regulations” and substituting “sub-regulation 57 (2)”.
Regulation 57 of the Air Navigation Regulations is amended—
(a) by omitting sub-regulations (1), (2) and (3) and substituting the following sub‑regulations:
“(1) This regulation applies to a licence under this Part other than a licence referred to in sub‑paragraph 51 (1) (d) (i) or (ii).
“(2) Subject to this regulation and to regulation 57A, an applicant for the grant of a licence to which this regulation applies is not eligible for the grant of the licence unless—
(a) the applicant submits to any relevant examination that, in the case of the applicant, is required by the Secretary;
(b) at the time of any such examination the applicant informs the approved person conducting the examination whether he has previously undergone an examination of the same kind as that examination for the purpose of the grant of a licence and, where the applicant has previously undergone such an examination for that purpose, he furnishes particulars of the results of that examination;
(c) the applicant answers all questions put to him by the approved person carrying out the examination that are necessary for determining whether the applicant meets the medical standards referred to in paragraph (e);
(d) the applicant authorizes the disclosure to the Secretary of any information concerning the applicant—
(i) that is within the knowledge of any medical practitioner;
(ii) that is within the knowledge of any person (other than a medical practitioner) who has carried out on the applicant an examination of a kind that the applicant could be required to undergo as a relevant examination; or
(iii) that is held by any hospital or other medical organization,
being information that may assist in determining whether the applicant meets the relevant medical standards referred to in paragraph (e); and
(e) the applicant meets the relevant medical standards notified by the Secretary in Air Navigation Orders.”;
(b) by omitting from sub-regulation (4) “to be examined by an approved medical practitioner, the medical examination may be deferred by the Director-General” and substituting “to submit to a relevant examination, the examination may be deferred by the Secretary”;
(c) by omitting from sub-regulation (5) “Director-General” and substituting “Secretary”; and
(d) by adding at the end thereof the following sub-regulation:
“(6) In this regulation, ‘relevant examination’ means an examination or test conducted by an approved person for the purpose of ascertaining whether an applicant for the grant of a licence to which this regulation applies meets the relevant medical standards notified by the Secretary in Air Navigation Orders.”.
4 After Regulation 57 of the Air Navigation Regulations the following regulation is inserted:
Secretary to reconsider in certain circumstances refusal to grant licence
“57A. (1) Where—
(a) the Secretary refuses to grant a licence to which regulation 57 applies on the ground only that the applicant for the grant of the licence has failed to meet the medical standards referred to in paragraph 57 (2) (e); and
(b) the applicant, within 21 days after the date on which he receives notification of the refusal, makes a written request to the Secretary for the grant of the licence to him under this regulation and specifies therein the reasons why, in his opinion, the grant of the licence would not be likely to affect the safety of air navigation,
the Secretary may grant the licence to the applicant subject to such conditions or limitations as the Secretary, having regard to the medical condition, experience and ability of the applicant, considers necessary in the interests of the safety of air navigation.
“(2) Any conditions or limitations subject to which a licence is granted under sub-regulation (1) shall be specified in the licence.
“(3) Where the Secretary refuses to grant a licence under sub-regulation (1), the Secretary shall notify the applicant in writing of his refusal specifying the grounds of the refusal and the facts or circumstances that constitute that ground.”.
5 Regulation 65 of the Air Navigation Regulations is repealed and the following regulation substituted:
Re-examination, &c., of holders of licences “65. (1) Whenever the Secretary considers it necessary in the interests of the safety of air navigation for the holder of a licence under this Part, other than a licence referred to in sub-paragraph 51 (1) (d) (i) or (ii), to demonstrate his continued fitness or proficiency in the capacity for which the licence or any rating or other endorsement on the licence is held, the Secretary may require the holder of the licence to do one or more of the following things:
(a) to undergo any relevant examination;
(b) to undergo any other examination that relates to the fitness or proficiency of the holder of the licence;
(c) to authorize the disclosure to the Secretary of any information concerning the holder of the licence—
(i) that is within the knowledge of any medical practitioner;
(ii) that is within the knowledge of any person (other than a medical practitioner) who has carried out on the holder of the licence an examination of a kind that he could be required to undergo as a relevant examination; or
(iii) that is held by any hospital or other medical organization,
being information that may assist in determining whether the holder of the licence meets the relevant medical standards referred to in paragraph 57 (2) (e).
“(2) In sub-regulation (1), ‘relevant examination’ means an examination or test conducted by an approved person for the purposes of ascertaining whether the holder of the licence meets the relevant medical standards referred to in paragraph 57 (2) (e).”.
6 Qualifications for grant of air traffic controller licence Regulation 97C of the Air Navigation Regulations is amended—
(a) by omitting paragraph (b) and substituting the following paragraph:
“(b) he meets the relevant medical standards notified by the Secretary in Air Navigation Orders; and”;
(b) by omitting from paragraph (c) “Director-General” and substituting “Secretary”; and
(c) by adding at the end thereof the following sub-regulations:
“(2) For the purposes of sub-regulation (1), a person shall not be taken to meet the relevant medical standards notified by the Secretary in Air Navigation Orders if—
(a) the person fails to submit to any relevant examination that, in the case of that person, is required by the Secretary;
(b) at the time of any such examination—
(i) the person fails to inform the approved person conducting the examination whether he has previously undergone an examination of the same kind as that examination for the purpose of the grant of a licence;
(ii) where the person has previously undergone such an examination for that purpose, he fails to furnish particulars of the results of that examination; or
(iii) the person fails to answer all questions put to him by the approved person carrying out the examination that are necessary for determining whether the person meets the relevant medical standards; or
(c) the person fails to authorize the disclosure to the Secretary of any information concerning the person—
(i) that is within the knowledge of any medical practitioner;
(ii) that is within the knowledge of any person (other than a medical practitioner) who has carried out on the person an examination of a kind that the person could be required to undergo as a relevant examination; or
(iii) that is held by any hospital or other medical organization,
being information that may assist in determining whether the person meets the relevant medical standards referred to in paragraph (1) (b).
“(3) In this regulation, ‘relevant examination’ means an examination or test conducted by an approved person for the purpose of ascertaining, in relation to the eligibility of a person for the grant of an air traffic controller licence, whether the person meets the relevant medical standards notified by the Secretary in Air Navigation Orders.”.
7 Regulation 97F of the Air Navigation Regulations is repealed and the following regulation substituted:
Re-examination, &c., of holders of licences and ratings “97F. (1) Whenever the Secretary considers it necessary in the interests of the safety of air navigation for the holder of an air traffic controller licence to demonstrate his continued fitness or proficiency in the capacity for which the licence or any rating endorsed on the licence is held, the Secretary may require the holder of the licence to do one or more of the following things:
(a) to undergo any relevant examination;
(b) to undergo any other examination that relates to the fitness or proficiency of the holder of the licence;
(c) to authorize the disclosure to the Secretary of any information concerning the holder of the licence—
(i) that is within the knowledge of any medical practitioner;
(ii) that is within the knowledge of any person (other than a medical practitioner) who has carried out on the holder of the licence an examination of a kind that he could be required to undergo as a relevant examination; or
(iii) that is held by any hospital or other medical organization,
being information that may assist in determining whether the holder of the licence meets the relevant medical standards referred to in paragraph 97C (1) (b).
“(2) In sub-regulation (1), ‘relevant examination’ means an examination or test conducted by an approved person for the purpose of ascertaining whether the holder of the licence meets the relevant medical standards referred to in paragraph 97C (1) (b).”.
8 Regulation 256 of the Air Navigation Regulations is repealed and the following regulation substituted:
Suspension of licence for purposes of examination “256. (1) Where the Secretary requires the holder of a licence—
(a) to undergo an examination under regulation 38, 65, 97F or 97R; or
(b) to authorize under regulation 65 or 97F the disclosure of information that may assist in determining whether the holder of the licence meets the relevant medical standards referred to in paragraph 57 (2) (e) or 97C (1) (b), as the case may be,
the Secretary may, by notice in writing served on the holder of the licence, suspend the licence.
“(2) Where the result of the examination or the information disclosed does not show any ground on which the licence may be suspended or cancelled, the Secretary shall forthwith terminate the suspension of the licence and, by notice in writing served on the holder of the licence, notify the holder that the suspension has been so terminated.
“(3) Where the Secretary, upon the result of the examination or the information disclosed becoming known, does not terminate the suspension in accordance with sub-regulation (2) but gives to the holder of the licence a notice under sub-regulation 258 (3), the licence shall remain suspended during the time specified by the Secretary in that notice as the time within which the holder of the licence may show cause why the licence should not be varied, suspended or cancelled under regulation 258.”.
9 Suspension of licence or certificate pending investigation Regulation 257 of the Air Navigation Regulations is amended—
(a) by omitting from sub-regulation (1) “Director-General” (wherever occurring) and substituting “Secretary”;
(b) by omitting from sub-regulation (2) “Director-General” (wherever occurring) and substituting “Secretary”; and
(c) by adding at the end thereof the following sub-regulation:
“(3) Where—
(a) the Secretary, upon the completion of an investigation under this regulation, gives to the holder of the licence or certificate a notice under sub-regulation 258 (3); and
(b) the suspension of the licence or certificate under this regulation had not ceased before the completion of the investigation,
the licence or certificate shall remain suspended during the time specified by the Secretary in that notice as the time within which the holder of the licence or certificate may show cause why the licence or certificate should not be varied, suspended or cancelled under regulation 258.".
10 Variation, suspension or cancellation of licence or certificate Regulation 258 of the Air Navigation Regulations is amended—
(a) by omitting from sub-regulation (1) “Director-General” and substituting “Secretary”;
(b) by omitting from paragraph (c) of sub-regulation (1) “or” (last occurring);
(c) by adding at the end of sub-regulation (1) the following word and paragraph:
“; or (e) that the holder of the licence or certificate has contravened, or failed to comply with, a direction or instruction with respect to a matter affecting the safe navigation and operation of an aircraft, being a direction or instruction that is contained in Air Navigation Orders.”;
(d) by omitting from sub-regulation (2) “Director-General” (wherever occurring) and substituting “Secretary”;
(e) by omitting paragraph (b) of sub-regulation (3) and substituting the following paragraph:
“(b) allow the holder of the licence or certificate to show cause, within such time as the Secretary specifies in that notice, why the licence or certificate should not be varied, suspended or cancelled under this regulation.”; and
(f) by adding at the end thereof the following sub-regulation:
“(4) The time specified by the Secretary in the notice under sub-regulation (3) as the time within which the holder of the licence or certificate may show cause why the licence or certificate should not be varied, suspended or cancelled under this regulation shall be a time that is reasonable in all of the circumstances of the particular case.”.
Regulation 316 of the Air Navigation Regulations is amended—
(a) by omitting paragraph (a) of sub-regulation (1) and substituting the following paragraph:
“(a) enter or remain within a prohibited area in an aerodrome;”;
(b) by inserting in paragraphs (b) to (e) (inclusive) of sub-regulation (1) “a prohibited area within” before “an aerodrome” (wherever occurring);
(c) by omitting from sub-regulation (1) “Penalty: Two hundred dollars”; and
(d) by omitting sub-regulation (3) and substituting the following sub-regulation:
“(3) In this regulation—
‘authorized person’ means an officer or employee of the Department of Transport, a member of the Defence Force, a constable, the proprietor of an aerodrome or any person authorized by him or the pilot in command of an aircraft;
‘prohibited area’, in relation to an aerodrome, means any part of the aerodrome upon which is posted a notice relating to that part of the aerodrome, being a notice to the effect that trespassing upon that part of the aerodrome is prohibited and purporting to have been posted with the authority of the Secretary.”.
1. Notified in the
Commonwealth of Australia Gazette on 24 July 1980.2. Statutory Rules 1947 No. 112 as amended to date. For previous amendments
see Note 2 to Statutory Rules 1980 No. 67 andsee also
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