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 twenty-eighth day of June 1980.
ZELMAN COWEN
Governor-General
By His Excellency’s Command,
RALPH J. HUNT
Minister of State for Transport
_______________
AMENDMENTS OF THE AIR NAVIGATION
REGULATIONS
These Regulations shall come into operation on 1 July 1980.
Regulation 5 of the Air Navigation Regulations is amended—
(a) by inserting after the definition of “prohibited area” in sub-regulation (1) the following definition:
“ ‘publications’ means Aeronautical Information Publications or Visual Flight Guides published by the Aeronautical Information Service, and includes any amendments of those publications published by that Service from time to time;”; and
(b) by inserting after the definition of “signal area” in sub-regulation (1) the following definition:
“ ‘specific subject’ means a subject for examination under these Regulations, being a subject related to the maintenance of a particular type of aircraft, engine, electrical installation, instrument installation or radio system, declared by the Secretary, by notification published in Air Navigation Orders, to be a specific subject for the purposes of these Regulations;”.
Regulation 36 of the Air Navigation Regulations is amended by omitting from sub‑regulation (2) “engineer licence,” and substituting “engineer licence or at any time while such a licence is in force,”.
4 After regulation 66 of the Air Navigation Regulations the following regulation is inserted in Part V:
Publications to be possessed by licence holders “67. (1) The Secretary may, by notification published in Air Navigation Orders, determine the publications (if any) that are appropriate for use by a holder of a specified class of licence under this Part.
“(2) The holder of a licence under this Part that is in force shall, when doing any act authorized by the licence, possess those publications (if any) that the Secretary has, under sub-regulation (1), determined as being appropriate for use by a holder of the class of licence in which the licence is included.”.
Regulation 259 of the Air Navigation Regulations is amended by inserting in paragraph (a) of sub-regulation (1) “(not being a refusal in pursuance of sub-regulation 329 (2))” after “certificate”.
6 Regulation 329 of the Air Navigation Regulations is repealed and the following regulation substituted:
Fees and charges “329. (1) Subject to this regulation, the fee or charge specified in column 3 of the Schedule in an item in the Schedule is payable in respect of a matter specified in column 2 of the Schedule in that item, at the time an application in relation to that matter is made, by or on behalf of the person who makes the application.
“(2) Notwithstanding anything contained in these Regulations—
(a) a person is not entitled to—
(i) the grant, issue, endorsement, validation or renewal of a licence, certificate, authority, authorization, exemption or approval referred to in these Regulations; or
(ii) take an examination referred to in these Regulations,
being a matter in respect of which a fee or charge is payable under sub-regulation (1), until that fee or charge has been paid; and
(b) the Secretary shall refuse to grant, issue, endorse, validate or renew the licence, certificate, authority, authorization, exemption or approval, as the case may be, until that fee or charge has been paid.
“(3) Where—
(a) a person has paid, under sub-regulation (1), an amount as a fee or charge upon making an application in relation to a matter specified in column 2 of the Schedule; and
(b) a licence, certificate, authority, authorization, exemption or approval was not granted, issued, endorsed, validated or renewed, as the case may be, as a result of the application, the person did not take the examination in respect of which the amount was paid, or the fee or charge has been waived in accordance with this regulation,
he is entitled to have refunded to him an amount equal to the amount so paid less an amount equal to the amount of the expenses (if any) incurred by the Commonwealth in relation to the matter in respect of which the application was made.
“(4) The Secretary may waive the fee or charge that would, but for this sub-regulation, be payable for the supply of publications to—
(a) the International Civil Aviation Organization;
(b) the government of a country that is a party to a convention with respect to international civil aviation, being a convention to which Australia is a party; or
(c) a person employed by the Commonwealth and approved as a person who is required to have access to publications in the course of his official duties.
“(5) Where the number of question papers for an examination in a specific subject required to be passed by an applicant for an aircraft maintenance engineer licence who is employed by a particular airline operator exceeds the number of question papers for an examination in that subject required to be passed by such an applicant who is not employed by that airline operator, the Secretary may waive so much of the aggregate of the fees or charges that would, but for this sub-regulation, be payable by or on behalf of the first-mentioned applicant in accordance with item 11 in the Schedule as exceeds the aggregate of the fees or charges that would be so payable by or on behalf of that other applicant.
“(6) Where—
(a) a person has paid a fee or charge specified in item 38 in the Schedule for the supply of amendments of Aeronautical Information Publications or of amendments of Visual Flight Guides; and
(b) at any time before the expiration of the year to which that supply relates, he informs the Secretary in writing that he does not wish to be supplied, or to continue to be supplied, with those amendments,
he is entitled to have refunded to him an amount that bears to the amount so paid the same proportion as the number of complete unexpired months in that year bears to 12.
“(7) The Secretary may, by notification published in Air Navigation Orders, determine a fee or charge for the supply of a document, or a document included in a class of documents, forming part of any publication, being a fee or charge that is less than the fee or charge specified in item 38 in the Schedule in respect of the supply of that publication, and where such a fee or charge has been determined under this sub-regulation, that fee or charge is payable in respect of the supply of that document, or of a document included in that class of documents, as the case requires, instead of the fee or charge specified in that item that would, but for this sub-regulation, be so payable.”.
The Schedule to the Air Navigation Regulations is repealed and the following Schedule substituted:
Regulation 329
FEES AND CHARGES
$ | ||
1 | Grant (whether by way of issue or renewal) of a licence under Part V (other than a flight radio-telephone operator licence) | 11.00 |
2 | Grant (whether by way of issue or renewal) of a flight radio-telephone operator licence | 6.00 |
3 | Endorsement of a pilot rating on a licence under Part V | 6.00 |
4 | Endorsement of, or removal of an endorsement from, a licence under Part V (not being an endorsement referred to in item 3) at the request of the holder (not being an endorsement made or removed at the same time as another endorsement made on, or removed from, that licence in respect of which a fee has been paid under this item) | 6.00 |
5 | Conferral of validity under regulation 66 on a licence issued by a competent authority in another country | 10.00 |
6 | Grant of a licence under Part V by way of replacement of a licence that has been lost or destroyed | 6.00 |
7 | Practical flight test conducted by an authorized person (being an officer of the Department of Transport) given to an applicant for a pilot licence or pilot rating— | |
| ||
| 4.00 | |
| 4.00 | |
| ||
| 5.00 | |
| 5.00 | |
8 | Examination for the purpose of qualifying for the issue of a private pilot licence or a flight radio-telephone operator licence—per subject | 4.00 |
9 | Examination for the purpose of qualifying for the issue of a commercial pilot licence or for the endorsement of an instrument rating— | |
| 4.00 | |
| 8.00 | |
10 | Examination for the purpose of qualifying for the issue of a licence under Part V (other than an examination referred to in item 8 or 9)—per subject | 10.00 |
11 | Examination referred to in paragraph 36 (4) (e) (not being an examination conducted by a person who has been granted a certificate of approval under regulation 35) required to be passed by an applicant for an aircraft maintenance engineer licence— | |
| ||
| 16.00 | |
| 20.00 | |
| ||
| 26.00 | |
| 30.00 | |
12 | Issue of an aircraft maintenance engineer licence (not being a licence referred to in item 13) | 7.00 |
13 | Issue of an aircraft maintenance engineer licence to a person (being a licence that will be in force immediately upon the expiration of a previous aircraft maintenance engineer licence granted to that person) | 5.00 |
14 | Entry of an endorsement under sub-regulation 36 (2) on an aircraft maintenance engineer licence (other than on the grant of that licence) | 6.00 |
15 | Issue of a certificate of registration under regulation 14 in respect of an aircraft (not being a glider) that had not been registered previously on the register of Australian aircraft— | |
| 20.00 | |
| 10.00 | |
16 | Issue of a certificate of registration under regulation 14 in respect of an aircraft (not being a glider) that had been registered previously on the register of Australian aircraft | 20.00 |
17 | Issue of a new certificate of registration under regulation 17 in respect of an aircraft (not being a glider) | 20.00 |
18 | Authority issued under Division 5 of Part IV to a person (not being a person referred to in item 19) to carry out maintenance on an Australian aircraft | 20.00 |
19 | Authority referred to in item 18 issued to a person who previously had been issued with such an authority in relation to the same maintenance | 6.00 |
20 | Grant of a certificate of approval under regulation 35 in respect of the distribution of aircraft components or materials | 50.00 |
21 | Grant of a certificate of approval under regulation 35 in respect of the manufacture of aircraft | 250.00 |
22 | Grant of a certificate of approval under regulation 35 in respect of the manufacture of aircraft materials | 50.00 |
23 | Grant of a certificate of approval under regulation 35 (not being a certificate referred to in items 24 and 25) in respect of the manufacture of aircraft components | 200.00 |
24 | Grant of a certificate of approval under regulation 35 (not being a certificate referred to in item 25) in respect of the manufacture of aircraft components, being a certificate that includes an endorsement under sub-regulation 35 (3) that the certificate is granted subject to the condition that the manufacture is limited to one or more of the following kinds of components, namely, airframes and parts of airframes, engines and parts of engines, electrical components, instrument components and radio components—in respect of each kind of component | 50.00 |
25 | Grant of a certificate of approval under regulation 35 in respect of the manufacture of aircraft components, being a certificate that includes an endorsement under sub-regulation 35 (3) that the certificate is granted subject to the condition that the manufacture is limited to certain specified components | 50.00 |
26 | Grant of a certificate of approval under regulation 35 (not being a certificate referred to in item 27) in respect of the maintenance of aircraft— | |
| 200.00 | |
| 250.00 | |
27 | Grant of a certificate of approval under regulation 35 in respect of the maintenance of aircraft, being a certificate that includes an endorsement under sub-regulation 35 (3) that the certificate is granted subject to the condition that the maintenance is limited to one or more of the following components or systems, namely, airframes, engines, electrical systems, instrument systems, and radio systems—in respect of each kind of component or system | 50.00 |
28 | Grant of a certificate of approval under regulation 35 (not being a certificate referred to in item 29) in respect of the maintenance of aircraft components | 200.00 |
29 | Grant of a certificate of approval under regulation 35 in respect of the maintenance of aircraft components, being a certificate that includes an endorsement under sub-regulation 35 (3) that the certificate is granted subject to the condition that the maintenance is limited to one or more of the following kinds of components, namely, airframes, engines, electrical components, instrument components, and radio components—in respect of each kind of component | 50.00 |
30 | Grant of a certificate of approval under regulation 35 in respect of the maintenance of aircraft materials | 50.00 |
31 | Grant of a certificate of approval under regulation 35 in respect of the design of aircraft or aircraft components | 50.00 |
32 | Grant of a certificate of approval under regulation 35 in respect of 2 or more of the activities referred to in items 20 to 31 (inclusive) where the total of the fees or charges payable under sub-regulation 329 (1) would, but for this item, exceed $300 | 300.00 |
33 | Grant of a certificate of approval under regulation 35 in respect of certain activities by way of replacement of such a certificate previously granted in respect of those activities— | |
| ||
| 20.00 | |
34 | Issue or renewal of a charter licence or an aerial work licence in relation to one or more of the following categories of operations, namely, intrastate operations, interstate operations and operations within, to or from a Territory—in respect of each category of operations authorized by the licence | 45.00 |
35 | Issue or renewal of an exemption and approval under regulation 203 in relation to one or more of the following categories of operations, namely, intrastate operations, interstate operations and operations within, to or from a Territory—in respect of each category of operations to which the exemption and approval relates | 45.00 |
36 | Issue or renewal of an airline licence— | |
| 1,000.00 | |
| 250.00 | |
37 | Authorization and approval under regulation 193 of a type of aircraft for use in a class of air service operation— | |
| 25.00 | |
| 50.00 | |
| 150.00 | |
38 | Supply of publications— | |
| 21.00 | |
| 21.00 | |
| 15.50 | |
| 15.50 |
1. Notified in the
Commonwealth of Australia Gazette on 30 June 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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