Air Navigation Regulations (Amendment) (Cth)

STATUTORY RULES.

1964. No. 128

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REGULATIONS UNDER THE AIR NAVIGATION ACT 1920-1963.*

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 1920-1963.

Dated this second day of October, 1964.

DE L’ISLE

Governor-General.

By His Excellency’s Command,

 

Denham Henty

Minister of State for Civil Aviation.

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Amendments of the Air Navigation Regulations. 

Parts.

1. Regulation 3 of the Air Navigation Regulations is amended by omitting the words and figures—

“Part XIX.—Miscellaneous (Regulations 321-332).”

and inserting in their stead the words and figures—

“Part XIX.—Miscellaneous (Regulations 320a-332).”.

Interpretation.

2. Regulation 5 of the Air Navigation Regulations is amended by inserting in sub-regulation (1.), after the definition of “commercial operation”, the following definition:—

“‘Commonwealth aircraft’ means an aircraft, other than a military aircraft, that is in the possession or under the control of the Commonwealth or an authority of the Commonwealth (other than the Australian National Airlines Commission) or is being used wholly or principally for a purpose of the Commonwealth;”.

Application of Regulations.

3. Regulation 6 of the Air Navigation Regulations is amended—

(a) by omitting from paragraph (d) of sub-regulation (1.) the word “and”;

(b) by inserting after paragraph (d) of sub-regulation (1.) the following paragraph:—

“(da) air navigation in which a Commonwealth aircraft is engaged;”; and

(c) by omitting paragraph (e) and inserting in its stead the following paragraphs:—

“(e) air navigation in controlled air space that is of a kind not specified in a preceding paragraph of

 

* Notified in the Commonwealth Gazette on 24 October, 1964.

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, No. 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, No. 21, 96 and 99; 1961, No. 102 and 1964, No. 61.

12013/64.—Price 9d. 10/1.10.1964

 

this sub-regulation but directly affects, or may endanger, the safety of persons or aircraft engaged in—

(i) air navigation of a kind specified in paragraph (a), (b), (d) or (da) of this sub-regulation; or

(ii) air navigation in which a military aircraft is engaged; and

(f) on and after such date as is fixed by the Minister for the purposes of this paragraph by notice in the Gazette,all air navigation within Australian territory of a kind not specified in paragraph (a),(b),(c), (d) or (da) of this sub-regulation.”.

Modification, repair or distribution of aircraft, aircraft components and items of equipment.

4. Regulation 38 of the Air Navigation Regulations is amended by adding at the end thereof the following sub-regulation:—

“(3.) A reference in this regulation to regulation 6 of these Regulations shall not, until the date fixed for the purposes of paragraph (f) of sub-regulation (1.) of that regulation, be read as including a reference to that paragraph.”.

Charter licence.

5. Regulation 197 of the Air Navigation Regulations is amended by adding at the end thereof the following sub-regulation:—

“(3.) In exercising his powers under the last preceding sub-regulation in relation to operations that do not involve air navigation of a kind specified in paragraph (a),(b),(c),(d) or (da) of sub-regulation (1.) of regulation 6 of these Regulations, the Director-General shall, on and after the date fixed for the purposes of paragraph (f) of that sub-regulation, have regard to matters concerned with the safety, regularity and efficiency of air navigation and to no other matters.”.

Conditions of issue for certain licences.

6. Regulation 199 of the Air Navigation Regulations is amended—

(a) by omitting from sub-regulation (3.) the word “Where” and inserting in its stead the words “Subject to the next succeeding sub-regulation, where”; and

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

“(4.) Where the proposed service does not involve air navigation of a kind specified in paragraph (a),(b),(c),(d) or (da) of sub-regulation (1.) of regulation 6 of these Regulations, the Director-General shall, on and after the date fixed for the purposes of paragraph (f) of that sub-regulation, in deciding whether or not to grant an aerial work, charter or airline licence, and in determining the conditions upon which the licence is to be granted, have regard to matters concerned with the safety, regularity and efficiency of air navigation and to no other matters.”.

Duration, renewal and review of licences.

7. Regulation 200 of the Air Navigation Regulations is amended—

(a) by omitting from sub-regulation (2.) the word “The” (first occurring) and inserting in its stead the words “Subject to the next succeeding sub-regulation, the”; and

 

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

“(3.) In exercising his powers under either of the last two preceding sub-regulations in relation to a licence issued in respect of operations that do not involve air navigation of a kind specified in paragraph (a),(b),(c), (d) or (da) of sub-regulation (1.) of regulation 6 of these Regulations, the Director-General shall, on and after the date fixed for the purposes of paragraph (f) of that sub-regulation, have regard to matters concerned with the safety, regularity and efficiency of air navigation and to no other matters.”.

Cancellation or suspension of licence.

8. Regulation 200a of the Air Navigation Regulations is amended by inserting in paragraph (b), after the words “may be”, the words “or, on and after the date fixed for the purposes of paragraph (f) of sub-regulation (1.) of regulation 6 of these Regulations, the Director-General is satisfied that—

(i) in the case of a licence authorizing the conduct of operations which involve air navigation of a kind specified in paragraph (a), (b), (c), (d) or (da) of that sub-regulation—it is necessary in the interests of the safety of aircraft or persons on board aircraft or public safety to cancel or suspend the licence, as the case may be; or

(ii) in any other case—it is necessary or desirable, having regard to matters concerned with the safety, regularity and efficiency of air navigation, to cancel or suspend the licence, as the case may be”.

9. After regulation 200a of the Air Navigation Regulations the following regulation is inserted:—

Authority conferred by licences.

“200b. An aerial work licence, a charter licence or an airline licence authorizes the conduct of operations in accordance with the provisions of the licence but subject to the Act and these Regulations and to the other laws of the Commonwealth.”.

Arrangements under which service may be operated by person other than licensee.

10. Regulation 201 of the Air Navigation Regulations is amended—

(a) by omitting from paragraph (a) the word “and”(last occurring);

(b) by inserting after paragraph (a) the following paragraph:—

“(ab) where the service is not an interstate service and does not involve air navigation of a kind specified in paragraph (a), (b), (c), (d) or (da) of sub-regulation (1.) of regulation 6 of these Regulations, the Director-General shall, on and after the date fixed for the purposes of paragraph (f) of that sub-regulation, give that approval subject only to such conditions, in addition to compliance with these Regulations, as the Director-General considers necessary having regard to matters concerned with the safety, regularity and efficiency of air navigation; and”; and

 

(c) by inserting in paragraph (b), after the words “is other than an interstate service”, the words “or, on and after the date fixed for the purposes of paragraph (f) of sub-regulation (1.) of regulation 6 of these Regulations, is not a service to which either of the preceding paragraphs of this regulation applies”.

11. Regulation 202 of the Air Navigation Regulations is repealed and the following regulation inserted in its stead:—

Definition of interstate service.

“202. In this Division, ‘interstate service’ means a service by way of, or in the course of, trade and commerce among the States.”.

Exemption from necessity for obtaining an airline licence in certain cases.

12. Regulation 203 of the Air Navigation Regulations is amended by adding at the end thereof the following sub-regulation:—

“(2.) In exercising his powers under the last preceding sub-regulation in relation to a proposed service that does not involve air navigation of a kind specified in paragraph (a), (b), (c), (d) or (da) of sub-regulation (1.) of regulation 6 of these Regulations, the Director-General shall, on and after the date fixed for the purposes of paragraph (f) of that sub-regulation, have regard to matters concerned with the safety, regularity and efficiency of air navigation and to no other matters.”.

13. After regulation 203 of the Air Navigation Regulations the following regulation is inserted:—

Co-ordination of air transport operations, &c.

“203a. In exercising any power or performing any function under this Division, the Director-General shall have regard to the need for co-ordinating, in the interests of safety in air navigation, all operations of the kinds referred to in regulation 191 of these Regulations.”.

14. Before regulation 321 of the Air Navigation Regulations the following regulations are inserted in Part XIX.:—

Permits to use Commonwealth aerodromes.

“320a.—(1.) On and after such date as is fixed by the Minister for the purposes of this regulation by notice in the Gazette,an aircraft shall not land at or take-off from any place, being a place acquired by the Commonwealth for public purposes, except under the authority of, and in accordance with, a permit issued under this regulation by the Director-General.

“(2.) The application of the last preceding sub-regulation is not limited by the operation of sub-regulation (1.) of regulation 6 of these Regulations.

Permits to fly in controlled airspace.

“320b. On and after such date as is fixed by the Minister for the purposes of this regulation by notice in the Gazette,an aircraft shall not be flown in controlled airspace in the course of air navigation of a kind specified in paragraph (e) of sub-regulation (1.) of regulation 6 of these Regulations except under the authority of, and in accordance with, a permit issued under this regulation by the Director-General.”.

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By Authority: A. J. Arthur, Commonwealth Government Printer, Canberra.