Air Navigation Regulations (Amendment) (Cth)

STATUTORY RULES

1970 No.

–––––––––[

REGULATIONS UNDER THE AIR NAVIGATION ACT 1920-1966.*

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 1920-1966.

Dated this twenty-fourth day of December, 1970.

Paul Hasluck

Governor-General.

By His Excellency’s Command,

Minister of State for Civil Aviation.

––––––––

Amendments of the Air Navigation Regulations 

Commencement.

1. These Regulations shall come into operation on the first day of May, 1971.

Interpretation.

2. Regulation 5 of the Air Navigation Regulations is amended—

(a) by inserting in sub-regulation (1.), after the definition of “heavier-than-air aircraft”, the following definition:—

“‘hire-purchase agreement’, in relation to an aircraft, means an agreement for the bailment of the aircraft under which—

(a) the bailee may buy the aircraft; or

(b) the property in the aircraft will or may pass to the bailee,

and includes an agreement for the purchase of the aircraft by instalments, whether the agreement describes the instalments as rent or hire or otherwise, but does not include an agreement for the purchase of the aircraft under which—

(c) the property in the aircraft passes absolutely at the time of the agreement to the person who agrees to purchase the aircraft; or

(d) the purchaser is a person who is engaged in the trade or business of selling aircraft;”;

(b) by inserting in sub-regulation (1.), after the definition of “public transport service”, the following definition:—

“‘purchaser’, in relation to a hire-purchase agreement, means a person who takes or has taken an aircraft from a vendor under the agreement, and includes a person to whom the purchaser’s rights or liabilities under the agreement have passed by assignment or operation of law;”;

 

* Notified in the Commonwealth Gazette on 1970.

Statutory Rules 1947, No. 112, as amended by Statutory Rules 1947, No. 162; 1948, No. 69; 1949, Nos. 6 and 70; 1950, No. 69; 1952, Nos. 30, 46 and 87; 1953, No. 44; 1954, Nos. 26, 32 and 119; 1955, No. 29; 1956, No. 16; 1957, No. 12; 1958, No. 77; 1960, Nos. 21, 96 and 99; 1961, No. 102; 1964, Nos. 61 and 128; 1965, No. 33; 1966, No. 5; 1967, No. 65; 1969, No. 4; and 1970, No. 21.

17785/69—Price 10c 25/20.11.1970

(c) by inserting in sub-regulation (1.), after the definition of “traffic pattern”, the following definition:—

“‘vendor’, in relation to a hire-purchase agreement, means a person who lets or has let, or sells or has sold, an aircraft to a purchaser under the agreement, and includes a person to whom the vendor’s rights or liabilities under the agreement have passed by assignment or operation of law;”; and

(d) by omitting from sub-regulation (6.) the words and figures “regulations 14, 17 and 18” and inserting in their stead the words and figures “regulations 14 and 17”.

Register of Australian aircraft.

3. Regulation 14 of the Air Navigation Regulations is amended—

(a) by omitting from sub-regulation (1.) the words “and may issue to the owner of any aircraft a certificate of registration in respect of the aircraft”; and

(b) by omitting sub-regulations (2.) and (3.) and inserting in their stead the following sub-regulations:—

“(2.) An application for the registration of an aircraft may be made by, or on behalf of—

(a) where the aircraft is not an aircraft referred to in either of the next two succeeding paragraphs—the owner of the aircraft;

(b) where the aircraft (not being an aircraft referred to in the next succeeding paragraph) is the subject of a contract of hire or charter (including a hire-purchase agreement) the effect of which is that the control, maintenance and operation of the aircraft is, or is to be, vested in a party to the contract—that party; or

(c) where the aircraft, being the subject of a hire-purchase agreement, is also the subject of a further contract of hire or charter between the purchaser under the hire-purchase agreement and another person the effect of which-is that the control, maintenance and operation of the aircraft is, or is to be, vested in that other person—that other person.

“(3.) Subject to the last preceding sub-regulation, an application for the registration of an aircraft may be made by or on behalf of two or more persons who, jointly or in common, hold an interest as owner, purchaser under a hire purchase agreement, hirer or charterer of the aircraft and, if such an application is made, the applicants shall, in the application, nominate one of them as the person to whom the Director-General should issue the certificate of registration in respect of the aircraft.

“(4.) The register of Australian aircraft shall be kept in accordance with such form, and at such place or places, as the Director-General determines, and shall include the following details in relation to each aircraft:—

(a) the date of registration of the aircraft;

(b) a description of the aircraft;

(c) the number or other identification mark given to the aircraft by the manufacturer;

(d) the nationality and registration marks referred to in regulation 22 of these Regulations with respect to the aircraft;

(e) the name and residential address (or, in the case of a corporation, registered address) of the owner of the aircraft;

 

(f) in the case of an aircraft referred to in paragraph (b) of sub-regulation (2.) of this regulation—the name and address of the purchaser under the hire purchase agreement; and

(g) in the case of an aircraft referred to in paragraph (c) of sub-regulation (2.) of this regulation—the name and address of the hirer or charterer, as the case may be, of the aircraft.

“(5.) When an aircraft is registered in the register of Australian aircraft, the Director-General or an authorized person shall issue a certificate of registration in respect of the aircraft to—

(a) the person by whom or on whose behalf the application for registration of the aircraft was made; or

(b) if there are two or more such persons—that one of those persons who is nominated in the application for registration of the aircraft in accordance with sub-regulation (3.) of this regulation.”.

Declarations by applicants.

4. Regulation 15 of the Air Navigation Regulations is amended by omitting the words “the applicant for a certificate of registration” and inserting in their stead the words “the person who makes application for the registration of an aircraft”.

5. Regulations 16, 17, 18 and 19 of the Air Navigation Regulations are repealed and the following regulations inserted in their stead:—

Refusal to register an aircraft.

“16. The Director-General may refuse to register an aircraft if he is satisfied that the aircraft is not intended to be used as an aircraft.

Transfer of interest, &c., by holder of certificate of registration.

“17.—(1.) Where the holder of a certificate of registration in respect of an Australian aircraft—

(a) ceases to have an interest, or acquires a different interest, in the aircraft; or

(b) in the case of a holder whose certificate of registration was issued to him by virtue of sub-regulation (3.) of regulation 14 of these Regulations or sub-regulation (3.) of this regulation—becomes aware that another person who had an interest as owner, purchaser under a hire-purchase agreement, hirer or charterer in the aircraft has ceased to have that interest,

the holder shall, within two weeks thereafter, forward to the Director-General—

(c) a notification giving the nationality mark and the registration mark of the aircraft and setting out to the best of his knowledge—

(i) the nature of the change of interest that has occurred;

(ii) the date of the change; and

(iii) the names and addresses of the persons affected by the change; and

(d) if the certificate of registration of the aircraft is in the possession of the holder—the certificate of registration of the aircraft.

(2.) A person who has acquired an interest as owner, purchaser under a hire-purchase agreement, hirer or charterer in an Australian aircraft shall, within two weeks after acquiring that interest, forward to the Director-General a notification giving the nationality mark and the registration mark of the aircraft and setting out—

(a) the nature of the interest;

(b) the manner in which, and the date on which, the interest was acquired;

 

(c) the name and address of the previous owner of the interest; and

(d) his own name and address.

“(3.) Where a notification under the last preceding sub-regulation is forwarded by two or more persons who, jointly or in common, have acquired an interest as owner, purchaser under a hire-purchase agreement, hirer or charterer in an Australian aircraft, those persons shall, in the notification, nominate one of them as the person to whom the Director-General should issue the new certificate of registration in respect of the aircraft.

“(4.) Where the Director-General is satisfied of the truth of a statement forwarded to him by a person under this regulation in respect of an aircraft, the Director-General shall—

(a) make the necessary changes in the registration in respect of the aircraft”, and

(b) issue a new certificate of registration in respect of the aircraft to—

(i) where the aircraft is not an aircraft referred to in either of the next two succeeding sub-paragraphs—the owner of the aircraft;

(ii) where the aircraft (not being an aircraft referred to in the next succeeding sub-paragraph) is the subject of a contract of hire or charter (including a hire-purchase agreement) the effect of which is that the control, maintenance and operation of the aircraft is, or is to be, vested in a party to the contract—that party; or

(iii) where the aircraft, being the subject of a hire-purchase agreement, is also the subject of a further contract of hire or charter between the purchaser under the hire-purchase agreement and another person the effect of which is that the control, maintenance and operation of the aircraft is, or is to be, vested in that other person—that other person,

being, in a case where a nomination has been made under the last preceding sub-regulation, the person so nominated.

Cancellation of the registration of Australian aircraft.

“18.—(1.) Where an Australian aircraft has been destroyed or permanently withdrawn from use, the holder of a certificate of registration in respect of the aircraft shall, within two weeks after he becomes aware of the destruction or withdrawal, forward to the Director-General—

(a) a statement setting out the circumstances of the destruction or withdrawal; and

(b) if the certificate of registration of the aircraft is in his possession—the certificate of registration of the aircraft.

“(2.) Where the Director-General is satisfied that an Australian aircraft has been destroyed or permanently withdrawn from use, the Director-General shall cancel the registration of the aircraft in the register of Australian aircraft.

“(3.) The holder of a certificate of registration in respect of an Australian ‘aircraft may, at any time, apply to the Director-General for the cancellation of the registration of the aircraft in the register of Australian aircraft, and the Director-General may cancel the registration accordingly.

“(4.) An applicant under the last preceding sub-regulation shall forward to the Director-General the certificate of registration of the aircraft if the certificate is in his possession.

Register of Australian aircraft to be available to interested persons.

“19. The register of Australian aircraft shall be made available for the information of interested persons at such times, and subject to such conditions, as the Director-General directs.”.

Existing certificates of registration.

6. A certificate of registration in respect of an aircraft in force under the Air Navigation Regulations immediately before the date of commencement of these Regulations continues in force notwithstanding the amendments made by these Regulations, and the Air Navigation Regulations, as amended by these Regulations, apply in relation to the certificate as if it were a certificate issued in accordance with those Regulations as so amended.

Printed by Authority by the Government Printer of the Commonwealth of Australia