Air Navigation Regulations (Amendment) (Cth)

AIR NAVIGATION ACT

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AIR NAVIGATION REGULATIONS

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Statutory Rules 1972 No. 166(a)

Refusal to register an aircraft.

1. Regulation 16 of the Air Navigation Regulations is amended by omitting the words “ he is satisfied that ”.

Approval of design of modification or repair.

2. Regulation 40 of the Air Navigation Regulations is amended by inserting after sub-regulation (2.) the following sub-regulations:—

“ (2a.) Where the Director-General or an authorized person, in considering an application for approval of a design of a modification or repair under sub-regulation (1.) of this regulation, is not satisfied that the design will not affect the safety of an aircraft, the Director-General or the authorized person may, if the applicant so requests, authorize—

(a) the making of the modification or repair to a particular aircraft; or

(b)the making of the modification or repair to a particular aircraft component and the fitting of that aircraft component to a particular aircraft,

as the case may be, with a view to an application being made under regulation 108a of these Regulations for permission to test the aircraft in flight to discover whether or not the making of the modification or repair has adversely affected the safety of the aircraft.

“ (2b.) An authorization under the last preceding sub-regulation shall be in writing and shall include a statement that the authorization is given for the purpose of testing the aircraft to which the modification or repair is to be made or to which the aircraft component concerned is to be fitted, as the case may be.

“ (2c.) For the purpose of carrying out maintenance in accordance with an authority given under sub-regulation (2a.) of this regulation, the design of the modification or repair concerned shall be deemed to have been approved under sub-regulation (2.) of this regulation.

“ (2d.) Where—

(a) the results of a test referred to in sub-regulation (2a.) of this regulation are furnished to the Director-General or to an authorized person; and

(b)having regard to those results, the Director-General or the authorized person is satisfied that the design concerned will not adversely affect the safety of an aircraft,

the Director-General or the authorized person, as the case may be, shall give approval to the design.”.

Approval of aircraft components for use as replacements.

3. Regulation 41 of the Air Navigation Regulations is amended by inserting at the end thereof the following sub-regulations:—

“ (3.) Where the Director-General or an authorized person, in considering an application under sub-regulation (1.) of this regulation for approval of the use of an aircraft component as a replacement as set out in the application is not satisfied that that use will not affect the safety of an aircraft, the Director-General or the authorized person may, if the applicant so requests, authorize the fitting to a particular aircraft of an aircraft component as a replacement as set out in the application with a view to an application being made under regulation 108a of these Regulations for permission to test the aircraft in flight to discover whether or not the use of that aircraft component has adversely affected the safety of the aircraft.

 

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(a) Made under the Air Navigation Act 1920-1971 on 21 September 1972; notified in the Commonwealth Gazette on 5 October 1972.

 

“ (4.) An authorization under the last preceding sub-regulation shall be in writing and shall include a statement that the authorization is given for the purpose of testing the aircraft to which the aircraft component concerned is to be fitted.

“ (5.) For the purpose of carrying out maintenance in accordance with an authority given under sub-regulation (3.) of this regulation, the use of the aircraft component concerned as a replacement shall be deemed to have been approved under sub-regulation (2.) of this regulation.

“ (6.) Where—

(a) the results of a test referred to in sub-regulation (3.) of this regulation are furnished to the Director-General or to an authorized person; and

(b) having regard to those results, the Director-General or the authorized person is satisfied that the replacement concerned will not adversely affect the safety of an aircraft, the Director-General or the authorized person, as the case may be, shall approve the aircraft component, or aircraft components included in the type of aircraft components, to which the application relates for use as a replacement as set out in the application.”.

Maintenance releases in respect of Australian aircraft.

4. Regulation 48 of the Air Navigation Regulations is amended—

(a) by inserting after sub-regulation (1.) the following sub-regulation:—

“ (1a.) The Director-General may give a direction specifying the information to be entered on a maintenance release before its issue.”;

(b) by omitting paragraph (b)of sub-regulation (6.) and inserting in its stead the following paragraph:—

“ (h) in the case of a maintenance release in respect of a flight for which permission has been given under regulation 108a of these Regulations and in respect of which a direction with respect to the maintenance of the aircraft has been given under that regulation—all maintenance in respect of the aircraft required to be carried out to comply with that direction has been certified, in accordance with a system of certification instituted under regulation 39 of these Regulations, to have been completed.”;

(c) by omitting from paragraph (b) of sub-regulation (12.) the word “ or ” (last occurring); and

(d) by adding at the end of sub-regulation (12.) the following word and paragraph:—

“; or (d) he is aware that—

(i) information entered on the maintenance release is incorrect; or

(ii) the maintenance release does not contain all information that it is required by or under these Regulations to contain.”.

 

Maintenance release to cease to be in force.

5. Regulation 49c of the Air Navigation Regulations is amended—

(a) by adding at the end of sub-paragraph (iii) of paragraph (a) of sub-regulation (1.) the word “ or ”;

(b) by omitting sub-paragraph (iv) of paragraph (a) of sub-regulation (1.);

(c) by omitting from sub-paragraph (iv) of paragraph (b) of sub-regulation (1.) the letters and word “ (iv) or ”;

(d)by inserting in sub-regulation (1.), after the word “ shall ”, the words “, subject to the next succeeding sub-regulation,”;

(e) by inserting after sub-regulation (1.) the following sub-regulation:—

“ (1a.) A person is not required under the last preceding sub-regulation to enter an endorsement on a maintenance release or other document approved for use as an alternative to a maintenance release if—

(a) the maintenance release was issued by virtue of paragraph (b) of sub-regulation (6.) of regulation 48 of these Regulations; and

(b) the person considers that the ground for entering the endorsement—

 (i) existed at the time when the maintenance release was issued; and

 (ii) was known to the person who issued the maintenance release or to a responsible employee of that person.”; and

(f) by adding at the end thereof the following sub-regulation:—

“ (3.) Where—

(a)an authorized person (whether acting as an employee or on his own behalf) carries out maintenance on an aircraft in pursuance of an authorization under sub-regulation (2a.) of regulation 40, or sub-regulation (3.) of regulation 41, of these Regulations with a view to the aircraft being tested; and

(b) there is in force in respect of the aircraft a maintenance release issued by virtue of paragraph (a) of sub-regulation (6.) of regulation 48 of these Regulations,

the authorized person shall enter on the maintenance release an endorsement signed by him setting out that he has carried out maintenance authorized under the relevant provision referred to in paragraph (a)of this sub-regulation and that the aircraft requires testing, and thereupon the maintenance release ceases to be in force.”.

Maintenance release to re-commence to be in force.

6. Regulation 49dof the Air Navigation Regulations is amended—

(a) by omitting from paragraph (b) of sub-regulation (1.) the words “ to be carried out to verify the existence of the damage or defect and, if necessary,”; and

(b) by omitting from paragraph (d)of sub-regulation (1.) the words “ to be carried out to verify that the flight characteristics or operating characteristics required correction and, if necessary,”.

Australian aircraft and unregistered aircraft.

7. Regulation 108 of the Air Navigation Regulations is amended by inserting in paragraph (c) of sub-regulation (1.), after the words “ maintenance release ” (first occurring), the words “ issued by virtue of paragraph (a) of sub-regulation (6.) of regulation 48 of these Regulations.”.

13126/73—2

 

8. Regulation 108a of the Air Navigation Regulations is repealed and the following regulation inserted in its stead:—

Permission for certain flights.

“ 108a.—(1.) The Director-General or an authorized person may, on the application of a person, give permission to fly an aircraft in Australian territory on a particular flight for the purpose of—

(a) delivering the aircraft to a person under a contract of sale or with a view to sale;

(b)carrying out a demonstration, experiment or test in respect of the aircraft;

(c) bringing the aircraft to a place where a demonstration, experiment or test with respect to the aircraft is to take place;

(d)bringing the aircraft to a place at which maintenance on the aircraft may be carried out;

(e) assisting in searching for, bringing aid to or rescuing persons in danger on a particular occasion; or

(f) assisting in dealing with a state of emergency.

“ (2.) In giving permission for a flight under the last preceding sub-regulation, the Director-General or an authorized person may give such directions with respect to the flight as he thinks necessary for the purpose of ensuring the safety of air navigation.

“ (3.) Where the Director-General or an authorized person gives permission for a flight under sub-regulation (1.) of this regulation, the Director-General or the authorized person may direct that—

(a) paragraphs (a), (b), (c) and (d)of sub-regulation (1.), and sub-regulation (3.), of the last preceding regulation and regulation 113 of these Regulations; or

(b)such of those provisions as the Director-General or the authorized person specifies,

do not, or does not, apply in relation to the flight.”.

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