Air Navigation Regulations (Amendment) (Cth)
STATUTORY RULES.
REGULATIONS UNDER THE AIR NAVIGATION ACT 1920-1960.*
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
Dated this 8th day of December, 1960.
DUNROSSIL
Governor-General.
By His Excellency’s Command,
Minister of State Civil Aviation
Amendments of the Air Navigation Regulations.
(
a ) by omitting the words—“Part II.—Administration and Organization (Regulations 7-13).
Division 1.—The Department of Civil Aviation (Regulations 7-11).
Division 2.—International Civil Aviation Organization (Regulations 12-13).”
and inserting in their stead the words—
“Part II.—Administration and Organization (Regulations 7-10).”;
(
b ) by omitting the words—“Division 5.—Approved Persons, Aircraft Maintenance Engineers and Approved Technicians (Regulations 38-44).
Division 6.—Maintenance (Regulations 46-47).”
and inserting in their stead the words—
“Division 5.—Approved Persons and Aircraft Maintenance Engineers (Regulations 38-43).
Division 6.—Maintenance (Regulations 46-48).”;
(
c ) by omitting the words—“Division 2.—Air Traffic Control (Regulations 93-97).”
and inserting in their stead the words—
“Division 2.—Air Traffic Control (Regulations 93-97g).”;
(
d ) by omitting the words—“Division 5.—Aeronautical Information Service (Regulations 104-105).”;
* Notified in the
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; and 1960, No. 21.
5404/60.—Price 1s. 10/21.11.1960.
(
e ) by omitting the words—“Part XIV.—International Flights and Air Services (Regulations 254-263).
Division 1.—Scheduled Air Services (Regulations 254-258).
Division 2.—Non-scheduled Flights (Regulations 259-263).
Part XV.—Suspension and Cancellation of, and Refusal to Issue or Renew, Licences and Certificates (Regulations 264-269).”
and inserting in their stead the words—
“Part XV.—Refusal to Grant, and Suspension and Cancellation of, Licences and Certificates (Regulations 254-269).”; and
(
f ) by omitting the words—“Part XVIII.—Evidence (Regulations 320-320a).”
and inserting in their stead the words—
“Part XVIII.—Evidence (Regulation 320).”.
(
a ) by inserting in sub-regulation (1.), after the definition of “aerodrome”, the following definition:—“‘aerodrome control service’ means an air traffic control service for aerodrome traffic;”;
(
b ) by omitting from that sub-regulation the definitions of “Aeronautical Information Publications” and “Aeronautical Information Service” and inserting in their stead the following definition:—“‘Aeronautical Information Publications’ or ‘A.I.P.’ means the publications published under section 8 of the Act;”;
(
c ) by inserting in that sub-regulation, after the definition of “air traffic control instructions”, the following definition:—“‘air traffic controller licence’ means a licence granted under regulation 97a of these Regulations;”;
(
d )by inserting in that sub-regulation, after the definition of “altitude”, the following definition:—“‘approach control service’ means an air traffic control service for arriving or departing flights of aircraft;”;
(
e ) by omitting from that sub-regulation the definition of “Australian territory” and inserting in its stead the following definition:—“‘area control service’ means an air traffic control service for flights of aircraft in control areas;”;
(
f ) by omitting from that sub-regulation the definition of “Contracting State”;(
g )by inserting in that sub-regulation, after the definition of “elevation”, the following definition:—“‘examination’ means an examination by way of a test of theoretical knowledge or a practical test of knowledge and skill;”;
(
h )by inserting in that sub-regulation, after the definition of “flight visibility”, the following definition:—“‘flying school licence’ means a licence granted under regulation 68 of these Regulations;”;
(
i ) by inserting in that sub-regulation, after the definition of “glider”, the following definition:—“‘grant’, in relation to a licence or certificate, means grant of the licence or certificate, either by way of initial issue or by renewal from time to time;”;
(
j ) by omitting from that sub-regulation the definition of “Notices to Airmen” and inserting in its stead the following definition:—“‘Notices to Airmen’ or ‘NOTAMS’ means the notices published under section 8 of the Act;”;
(
k )by inserting in that sub-regulation, after the definition of “operational control”, the following definition:—“‘operational control service’ means a service—
(
a ) for the provision of such advice and information as may be useful for the safe and efficient conduct of flights; and(
b )for the control of the initiation, continuation, diversion or termination of flights in order to ensure the safety of aircraft operations;”;(
l )by inserting in that sub-regulation, after the definition of “Territory”, the following definition:—“‘the Act’ means the
Air Navigation Act 1920-1960;”; and(
m ) by adding at the end thereof the following sub-regulation:—“(8.) For the purposes of these Regulations, any reference to endorsement in a licence or other document shall be read as a reference to endorsement on the document, and matter shall be deemed to be endorsed on a document if it is written on any part of the document.”.
“
“38.—(1.) A person shall not carry out any phase of manufacture, processing, modification, repair, replacement, inspection, overhaul, maintenance or distribution of aircraft, aircraft components or items of equipment used or intended to be used in aircraft engaged in air navigation referred to in regulation 6 of these Regulations, unless he is—
(
a ) a person holding a valid certificate of approval for the purpose granted under this Division;(
b ) a person holding a valid licence as an aircraft maintenance engineer endorsed under this Division with the rating appropriate for the purpose;(
c ) a person working under the supervision of a person referred to in the last preceding paragraph; or(
d )a person, or a person included within a class of persons, authorized for the particular purpose.
“(2.) A person shall not, without the approval of the Director-General, use an aircraft component or item of equipment in the manufacture, modification, repair, replacement, inspection, overhaul, maintenance or operation of an aircraft engaged in air navigation referred to in regulation 6 of these Regulations unless there is a valid certificate of type approval for the aircraft component or item of equipment (if required under regulation 27 of these Regulations) and unless it has been manufactured, or processed, and certified by—
(
a ) a person holding a valid certificate of approval for the purpose granted under this Division;(
b ) a person holding a valid licence as an aircraft maintenance engineer endorsed under this Division with the rating appropriate for the purpose; or(
c ) a person, or a person included within a class of persons, authorized for the particular purpose.
“39.—(1.) A person engaged in or intending to engage in any phase of design, manufacture, processing, modification, repair, replacement, inspection, overhaul, maintenance or distribution of aircraft, aircraft components or items of equipment may apply to the Director-General for the grant of a certificate of approval in respect of the activity in which that person is engaged or intends to be engaged.
“(2.) The Director-General may grant a certificate of approval where—
(
a ) the applicant furnishes such evidence as to his qualifications to design, manufacture, process, modify, repair, replace, inspect, overhaul, conduct maintenance on or distribute aircraft, aircraft components or items of equipment, as the Director-General requires; and(
b )the applicant’s qualifications and competence are such as to justify the grant of the certificate.
“(3.) A certificate of approval shall be granted subject to such conditions as the Director-General considers necessary to ensure the safety of aircraft, of persons on board aircraft and public safety.
“(4.) The holder of a certificate of approval shall at all times permit an authorized person to enter upon premises used by the holder and to examine any relevant processes, systems, records and documents and to conduct any tests which he considers necessary, for the purposes of ascertaining whether the conditions subject to which the certificate of approval was granted are being complied with.
“40.—(1.) The Director-General may grant to a qualified person a licence to act as an aircraft maintenance engineer and shall specify in the licence the period for which, subject to these Regulations, it remains in force.
“(2.) An aircraft maintenance engineer’s licence shall be endorsed with a rating or ratings specifying the types of airframes, engines and other aircraft components and items of equipment in respect of which the holder of the licence is entitled to perform the functions for which it was granted.
“(3.) An aircraft maintenance engineer’s licence may be granted subject to such conditions as the Director-General considers necessary to ensure the safety of aircraft, of persons on board aircraft and public safety.
“41. For the purposes of the last preceding regulation, a person shall be deemed to be a qualified person if he is the holder of a valid licence or certificate, equivalent to the rating sought, granted by the competent authority in any other country and he satisfies the Direct-General that he has complied with the minimum conditions required under the Convention, or if—
(
a ) he has attained the age of twenty-one years;(
b ) he possesses adequate knowledge of—(i) the assembly, functioning, inspection, servicing and maintenance and the principles of construction; and
(ii) the methods and procedures for inspection and approval of the repair, overhaul and maintenance and for the functional testing,
of the airframes, engines and other aircraft components and items of equipment relative to the rating sought;
(
c ) he has had such practical experience of the duties to be performed in relation to the rating sought, not being less than the minimum requirements adopted in pursuance of the Convention, as the Director-General requires and notifies in Air Navigation Orders; and(
d ) he has passed such examinations in relation to the rating sought as the Director-General requires and notifies in Air Navigation Orders.
“42.—(1.) The Director-General may, at any time, require the holder of an aircraft maintenance engineer’s licence to undergo an examination in respect of any rating endorsed on the licence.
“(2.) An authorized person may, at any time, examine an aircraft, aircraft component or item of equipment for the purpose of ascertaining the competency and diligence of the holder of an aircraft maintenance engineer’s licence.
“43. An aircraft maintenance engineer’s licence shall be deemed to be invalid where the holder has not served as an aircraft maintenance engineer for a period amounting to one hundred and eighty days within any period of two years, unless the Director-General approves the continuance in force of the licence.”.
“48. In this Division, a reference to the carrying out of maintenance on an aircraft shall be read as a reference to the performance of work necessary for the purpose of ensuring that the aircraft is airworthy, including servicing of the aircraft and all modifications, repairs, replacements, inspections and overhauls of the aircraft, aircraft components and items of equipment necessary for that purpose.”.
“50.—(1.) A person shall not act in any capacity as a member of the flight crew of an Australian aircraft unless he holds a licence granted or rendered valid under this Part, being a licence that—
(
a ) is appropriate under the provisions of this Part; and(
b )is endorsed with the rating (if any) that is appropriate under the provisions of this Part,
for a person acting in that particular capacity.
“(2.) The Director-General may grant and endorse licences for the purposes of this Part.
“(3.) A licence granted, and a rating endorsed on a licence, under this Part shall be deemed to be subject to such conditions as the Director-General considers necessary in the interests of the safety of aircraft, of persons on board aircraft and public safety and notifies in Air Navigation Orders.”.
(
a ) by omitting sub-regulations (5.), (6.) and (7.) and inserting in their stead the following sub-regulations:—“(5.) A person is not authorized to fly a private aircraft unless he is the holder of a private, commercial, senior commercial or airline transport pilot licence.
“(6.) A person is not authorized to fly an aerial work or a charter aircraft unless he is the holder of a commercial, senior commercial or airline transport pilot licence.
“(7.) Subject to the next succeeding sub-regulation, a person is not authorized to act in the capacity of pilot or co-pilot of a regular public transport aircraft unless he is the holder of an airline transport pilot licence appropriate to that capacity.
“(7a.) Where the Director-General so approves, the holder of a commercial or senior commercial pilot licence may fly a regular public transport aircraft operating in a minor or developmental regular public transport service.”; and
(
b )by omitting sub-regulation (9.) and inserting in its stead the following sub-regulation:—“(9.) The holder of a student pilot licence is not authorized to fly any aircraft—
(
a ) outside Australian territory, unless he has first obtained permission from the Director-General; for the flight;(
b ) for the purpose of his receiving practical flight instruction and increasing his skill for the purpose of the initial issue of a licence of a higher category, unless he is accompanied by, or is under the supervision of, a licensed pilot who holds a flight instructor rating; or(
c )for the purpose of qualifying for the renewal of a licence of a higher category which is no longer valid, unless he is accompanied by, or is under the supervision of, a licensed pilot who holds a flight instructor rating or a valid commercial, senior commercial or airline transport pilot licence,and is not authorized, during any flying referred to in paragraph (
b ) or paragraph (c ) of this sub-regulation, to fly an aircraft carrying any person other than the licensed pilot referred to in the applicable paragraph.”.
“54. Subject to these Regulations—
(
a ) a flight instructor rating endorsed on a licence under this Part remains in force for the period for which the licence remains in force, including the period of any renewal of the licence; and(
b ) an instrument rating endorsed on a licence under this Part remains in force until the expiration of six months after the date of its endorsement or of the period for which the licence remains in force, whichever first occurs.”.
“56. An applicant for the grant of a licence under this Part or for the endorsement of a rating on such a licence may be required by an authorized person to produce satisfactory proof of his identity immediately prior to—
(
a ) his undergoing an examination; or(
b )the grant to him of the licence or the endorsement of the rating on the licence.”.
“(1.) Subject to this regulation, an applicant for a licence under this Part is not eligible for the grant of such a licence, unless—
(
a )he submits himself to a medical examination, conducted by an approved medical practitioner, and satisfies the Director-General that he meets the medical standards adopted in pursuance of the Convention and notified by the Director-General in Air Navigation Orders; and(
b ) at the time of the medical examination he—(i) makes a declaration stating whether he has previously undergone a medical examination for the purpose of the grant of a licence and, if so, with what result;
(ii) answers all questions that, in the opinion of the approved medical practitioner, are necessary for determining whether he meets the medical standards referred to in the last preceding paragraph; and
(iii) authorizes the disclosure to the Director-General of any information that has been acquired by any medical practitioner, hospital or other medical organization and may assist in the determination of whether he meets those medical standards.
“(2.) Where an applicant for the grant of a licence under this Part fails to meet the medical standards referred to in paragraph (a) of the last preceding sub-regulation, the Director-General may grant the licence subject to—
(
a )the condition that the holder of the licence is not authorized to engage in international air navigation; and(
b ) such other limitations (if any) as the Director-General considers necessary in the interests of the safety of air navigation, having regard to the applicant’s experience and ability and to the nature and extent of his failure to meet the medical standards referred to in paragraph (a ) of the last preceding sub-regulation.
“(3.) Any conditions or limitations subject to which a licence is granted under the last preceding sub-regulation shall be specified in the licence.”.
(
a )by omitting sub-regulation (1.) and inserting in its stead the following sub-regulation:—“(1.)An applicant for a licence or rating under this Part shall, before the licence is granted to him or the rating is endorsed on his licence—
(
a ) pass such examinations; and(
b ) produce such evidence of his aeronautical experience,applicable to the licence or rating sought as the Director-General, by notification in Air Navigation Orders, directs.”; and
(
b ) by omitting from sub-regulation (2.) the words “theoretical tests and”.
(
a ) by omitting sub-regulation (4.); and(
b ) by omitting from sub-regulation (6.) the words “and tests”.
“65. Whenever the Director-General considers it necessary in the interests of the safety of air navigation for the holder of a licence under this Part 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 Director-General may require the holder of the licence to undergo a medical or other examination.”.
(
a ) by omitting from sub-regulation (1.) the word “issue” and inserting in its stead the word “grant”; and(
b )by omitting from that sub-regulation the word “issued” (last occurring) and inserting in its stead the word “granted”.
“Part VI.—Flying Schools and Training Organization.
“68.—(1.) A school or organization for the purpose of imparting practical instruction in the air in subjects in which a candidate is required to qualify for the grant of a licence or the endorsement of a rating on a licence under Part V. of these Regulations shall not be established or conducted except under the authority of, and in accordance with, a licence granted by the Director-General.
“(2.) The Director-General may grant a flying school licence to an applicant who satisfies the Director-General that he has the equipment and personnel necessary to impart satisfactorily the class of instruction proposed.
“(3.) The syllabus, sequence of instruction and methods of training used in a licensed flying school shall be in accordance with the directions of the Director-General, having regard to the standards required to be achieved by trainees to enable them to pass the examinations appropriate to each operating crew licence or rating.
“(4.) A class rating denoting the class of instruction that the holder of the licence is permitted to give shall be endorsed on each licence granted under this regulation.
“(5.) An applicant for a flying school licence shall furnish such information in relation to the proposed flying school or organization as the Director-General requires.
“(6.) Subject to these Regulations, a flying school licence shall remain in force for such period, not exceeding one year after the date of issue, as is specified in the licence, and may be renewed from time to time by the Director-General for a further period not exceeding one year.
“(7.) Subject to these Regulations, a rating endorsed on a flying school licence under sub-regulation (4.) of this regulation remains in force for the period for which the flying school licence remains in force, including the period of any renewal of the licence.
“(8.) The Director-General may cancel a flying school licence, or suspend such a licence for such period as he thinks fit, if—
(
a ) the holder of the licence has contravened, or failed to comply with, a provision of the Act or these Regulations;(
b ) the Director-General ceases to be satisfied that the holder of the licence has the equipment and personnel necessary to impart satisfactorily the class of instruction permitted to be given under the licence; or(
c ) the Director-General is satisfied that 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.
“69. A person shall not give practical flight instruction to a student in the piloting of an aircraft unless—
(
a ) that person is the holder of a pilot licence endorsed with a flight instructor rating in accordance with Part V. of these Regulations and is, or instructs in association with, the holder of a flying school licence; and(
b )that student has received, or is receiving, ground instruction in accordance with such directions as the Director-General has given.
“70.—(1.) The Director-General may grant a ground instructor licence to any person whose qualifications the Director-General is satisfied render him competent to give instruction in any of the theoretical subject’s required to be passed by an applicant for any class of pilot, navigator, radio operator or flight engineer licence, and each subject in which the holder of the licence is authorized to instruct shall be endorsed on the licence in such manner as the Director-General directs.
“(2.) Subject to these Regulations, a ground instructor licence remains in force for such period after the date of issue as is specified in the licence, and may be renewed by the Director-General from time to time for further periods.
“(3.) A person shall not act as a ground instructor in any subject at a licensed flying school unless he is an approved person, approved for that particular purpose, or is the holder of a ground instructor licence authorized by endorsement on the licence to instruct in that particular subject.”.
“(2.) A notice under this regulation may be served personally or may be served by post at the last-known place of abode or last-known place of business of the person on whom it is served or at the address of the place where the light is exhibited.”.
“97a.—(1.) A person shall not act in any capacity in Air Traffic Control unless—
(
a ) he is authorized in writing by the Director-General to act in that particular capacity; or(
b ) he holds a licence granted or rendered valid under this Division and that licence is endorsed with the rating prescribed by the next succeeding regulation as appropriate for a person acting in that particular capacity.
“(2.) The Director-General may grant and endorse licences for the purposes of this Division and shall specify in each licence the period, not exceeding twelve months, for which, subject to these Regulations, it remains in force.
“(3.) A licence granted, and a rating endorsed on a licence, under this regulation shall be deemed to be subject to such conditions as the Director-General considers necessary in the interests of the safety of aircraft, of persons on board aircraft and public safety and notifies in Air Navigation Orders.
“97b. The classes of ratings that may be endorsed on air traffic controller licences are as follows:—
(
a ) aerodrome control rating, being a rating authorizing the holder of the rating to provide, or supervise the provision of, such aerodrome control services as are specified in the rating;(
b )approach control rating, being a rating authorizing the holder of the rating to provide, or supervise the provision of, such approach control services, for such aerodromes, as are specified in the rating;(
c ) area control rating, being a rating authorizing the holder of the rating to provide, or supervise the provision of, such area control services, within such control areas, as are specified in the rating;(
d )operational control rating, being a rating authorizing the holder of the rating to provide, or supervise the provision of, such operational control services, in such areas, as are specified in the rating; and(
e ) radar rating, being a rating authorizing the holder of the rating to provide, or supervise the provision of, such radar services, in such areas, as are specified in the rating.
“97c. A person is not eligible to be granted an air traffic controller licence unless—
(
a ) he has attained the age of twenty-one years;(
b ) having submitted himself to a medical examination conducted by an approved medical practitioner and having at the time of that medical examination furnished, or authorized the furnishing of, his medical history, he satisfies the Director-General that he meets the medical standards that the Director-General requires and notifies in Air Navigation Orders; and(
c ) he has passed such examinations, and has produced evidence of such practical experience in relation to the licence or rating sought, as the Director-General requires and notifies in Air Navigation Orders.
“97d. Where a person, being—
(
a ) the holder of an air traffic controller licence; or(
b ) a person referred to in paragraph (a ) of sub-regulation (1.) of regulation 97a of these Regulations,
suffers an incapacity resulting from illness or injury (even if only a temporary incapacity resulting from a common minor ailment) that is likely to impair his efficiency in performing the duties that he is licensed or authorized to perform, he shall not, during the period of incapacity, perform those duties.
“97e. Subject to these Regulations, a rating endorsed on a licence under this Division remains in force for the period for which the licence remains in force, including the period of any renewal of the licence.
“97f. Whenever the Director-General 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 Director-General may require the holder of the licence to undergo a medical or other examination.
“97g. Where the holder of a licence, issued by the competent authority of a country other than Australia, that is similar to an air traffic controller licence satisfies the Director-General that he has complied with the minimum conditions required under the Convention, the Director-General may grant an air traffic controller licence subject to such conditions and limitations, and for such period, as he thinks fit, or may confer on the first-mentioned licence the same validity for the purpose of the holder’s acting as an air traffic controller in Australian territory as if the licence had been granted under this Division.”.
“199a.—(1.) A licence under this Division shall be in the approved form and, if the Director-General considers it convenient, he may grant to the operator of more than one service a licence in consolidated form in respect of those services.
“(2.) Where a licence is granted in consolidated form, the provisions of these Regulations relating to the imposition and variation of conditions apply in respect of each separate service authorized under the licence as if the licence in its application to that service were a separate licence.”.
“200a. The Director-General may cancel a licence granted under this Division, or may suspend such a licence for such period as he thinks fit, if—
(
a ) the holder of the licence or an aircraft operated under the licence has contravened or failed to comply with a provision of the Act or these Regulations or the terms of the licence; or(
b ) the Director-General is satisfied that 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.”.
“Part XV.—Refusal to Grant, and Suspension and Cancellation of, Licences and Certificates.
“254.—(1.) In this Part, unless the contrary intention appears—
‘board of review’ means a board of review constituted under regulation 260 of these Regulations;
‘certificate’ means a certificate under Division 5 of Part IV. of these Regulations;
‘court’ means a court with jurisdiction to hear and determine an appeal under this Part;
‘licence’ means—
(
a ) a licence under Division 5 of Part IV. of these Regulations;(
b ) a licence under Part V. of these Regulations;(
c ) a ground instructor licence under Part VI. of these Regulations; or(
d ) a licence under Division 2 of Part IX. of these Regulations.
“(2.) A reference in this Part to a licence shall be read as including a reference to a rating or other endorsement on a licence by virtue of which the holder of a licence so endorsed has under these Regulations specific privileges or authority to exercise or perform specific functions or duties in relation to the operation or maintenance of aircraft.
“(3.) A reference in this Part to variation of a licence shall be read as including a reference to the inclusion, deletion or alteration of an endorsement on a licence.
“255.—(1.) The Director-General shall not refuse to grant a licence or certificate except on one or more of the following grounds, namely:—
(
a ) that the applicant has failed to satisfy a requirement prescribed by or specified under these Regulations in relation to the grant of the licence or certificate;(
b )that the applicant has made in, or in connexion with, his application a statement that was false or misleading in a material particular; or(
c ) in relation to the initial issue of a licence or certificate—(i) that the applicant was the holder of a licence or certificate that was previously cancelled; or
(ii) that the applicant is not a fit and proper person to have the responsibilities and exercise and perform the functions and duties of a holder of the licence or certificate for which the application was made.
“(2.) Whenever the Director-General so refuses, he shall forthwith furnish to the applicant notification in writing of the refusal, specifying the ground of the refusal and the facts or circumstances that constitute that ground.
“256.—(1.) Where the Director-General requires the holder of a licence to undergo an examination under regulation 42, regulation 65 or regulation 97f of these Regulations, the Director-General may, by notice in writing served on the holder of the licence, suspend the licence until the examination has taken place.
“(2.) Where the result of the examination does not show any ground on which the licence may be suspended or cancelled, the Director-General shall forthwith, by notice in writing served on the holder of the suspended licence, notify the holder that the suspension has been terminated.
“257.—(1.) Where the Director-General has reason to think that there may exist facts or circumstances that would justify the variation, suspension or cancellation of a licence or certificate on a ground specified in the next succeeding regulation, the Director-General may, by notice in writing served on the holder of the licence or certificate, suspend the licence or certificate for the purpose of an investigation under this regulation.
“(2.) Where the Director-General suspends a licence or certificate in pursuance of the last preceding sub-regulation, he shall forthwith investigate the matter, and the suspension shall cease upon the completion of the investigation or at the expiration of twenty-eight days from and including the date on which the suspension took effect, whichever is the earlier, but without prejudice to the powers of the Director-General under the next succeeding regulation.
“(3.) In investigating a matter under this regulation the Director-General shall—
(
a ) inform the holder of the licence or certificate of the facts and circumstances that, in the opinion of the Director-General, warrant the investigation; and(
b ) give to the holder of the licence or certificate an opportunity to show cause why the licence or certificate should not be varied, suspended or cancelled under the next succeeding regulation.
“258.—(1.) The Director-General may, by notice in writing served on the holder of a licence or certificate, vary, suspend or cancel the licence or certificate where he is satisfied that one or more of the following grounds exists, namely:—
(
a ) that the holder of the licence or certificate has contravened, or failed to comply with, a provision of the Act or these Regulations, including these Regulations as in force by virtue of a law of a State;(
b )that the holder of the licence or certificate fails to satisfy, or to continue to satisfy, any requirement prescribed by, or specified under, these Regulations in relation to the obtaining or holding of such a licence or certificate;(
c ) that the holder of the licence or certificate has failed in his duty with respect to any matter affecting the safe or efficient navigation or operation of an aircraft; or(
d )that the holder of the licence or certificate is not a fit and proper person to have the responsibilities and exercise and perform the functions and duties of a holder of such a licence or certificate.
“(2.) A notice under the last preceding sub-regulation shall contain full particulars of the facts or circumstances that constituted the ground of grounds for the variation, suspension or cancellation of the licence or certificate, as the case may be.
“259.—(1.) A person aggrieved by—
(
a ) a refusal of the Director-General to grant a licence or certificate; or(
b ) the variation or cancellation of a licence or certificate, or the suspension of a licence or certificate otherwise than under regulation 257 of these Regulations,
may elect either—
(
c ) to have the matter submitted for review to a board of review; or(
d ) to appeal to a specified court against the decision of the Director-General.
“(2.) An election under the last preceding sub-regulation shall—
(
a ) be in writing, signed by the person making the election; and(
b ) be lodged with the Director-General within fourteen days after service on him of notification of the decision of the Director-General.
“(3.) Where a person elects under this regulation to have the matter submitted for review to a board of review, the Director-General shall request the Minister to take the necessary steps for constitution of a board of review and the Minister shall take those steps forthwith.
“(4.) An election to have the matter submitted for review to a board of review shall be accompanied by a deposit of Thirty pounds.
“(5.) The court to be specified in an election by a person under this regulation shall be selected by him from among the following Courts:—
(
a ) the Commonwealth Industrial Court;(
b ) the Supreme Court of the State or Territory of the Commonwealth in which he is residing for the time being; or(
c ) if that person and the Director-General have agreed in writing that the Supreme Court of another State or Territory of the Commonwealth would be a convenient Court, that Supreme Court.
“260.—(1.) A board of review shall consist of a chairman and two other members, all of whom shall be appointed by the Minister.
“(2.) The chairman shall be a person, nominated by the Attorney-General, who is qualified to practise as a barrister or solicitor of the High Court or the Supreme Court of a State or Territory of the Commonwealth.
“(3.) The members of a board of review other than the chairman shall be persons who possess aeronautical or engineering knowledge or experience or other special knowledge or experience of air navigation or aircraft.
“(4.) Not more than one of the members of a board of review shall be in the employment of the Department.
“(5.) A member of a board of review, other than a person employed in the Public Service of the Commonwealth or a Territory of the Commonwealth, shall, for every day on which he sits as a member of the board, be paid Fifteen pounds fifteen shillings or such greater sum as the Director-General considers reasonable and directs at the time of the member’s appointment.
“(6.) Immediately after a board of review is appointed for the purpose of the review of a matter, the Director-General shall refer the matter to the board.
“261.—(1.) Within seven days after the appointment of a board of review, the chairman of the board shall fix a time and place for consideration of the matter and shall give notice in writing of the time and place so fixed to the Director-General and the applicant.
“(2.) The board of review shall make a thorough investigation of the matter and shall consider and give due weight to any evidence (including evidence not considered by the Director-General) that is relevant to the matter.
“(3.) The board of review may inform itself on the matter in such manner as it thinks fit without being bound by legal rules of evidence.
“(4.) Any question before the board of review shall be determined according to the opinion of a majority of the members.
“(5.) An applicant or the Director-General may be represented by counsel, solicitor or agent, who may examine witnesses and address the board of review.
“(6.) Unless the board of review otherwise directs, the hearing shall be open to the public.
“262.—(1.) The chairman of a board of review may, by writing under his hand, summon a person to attend before the board at a time and place specified in the summons and to give evidence and to produce books, documents and writings, or a part or component of an aircraft in the custody or control of the person, that the person is required by the summons to produce.
“(2.) A board of review may inspect books, documents or writings or a part or component of an aircraft produced before it, and may retain them for such reasonable period as it thinks fit, and may make copies of such portions of the books, documents or writings as are relevant to the investigation.
“(3.) A board of review may examine on oath a person appearing as a witness before it, whether the witness has been summoned or appears without being summoned, and for this purpose a member of the board may administer an oath to the witness.
“(4.) Where a witness conscientiously objects to take an oath, the witness may make an affirmation instead of taking an oath, and an affirmation so made is of the same force and effect, and entails the same liabilities, as an oath.
“(5.) A person served with a summons to attend before a board of review shall not, after the payment or tender to him of reasonable expenses, fail, without reasonable excuse, to attend before the board or to produce the books, documents or writings, or the part or component of an aircraft in his custody or control, that he is required to produce.
Penalty: One hundred pounds or imprisonment for six months.
“(6.) A person appearing as a witness before a board of review shall not refuse to be sworn or make an affirmation instead of taking an oath, or to answer a question relevant to the proceedings put to him as a witness.
Penalty: One hundred pounds or imprisonment for six months.
“(7.) In a prosecution for a contravention of either of the last two preceding sub-regulations it is not a defence to show that the person charged has been previously convicted for a similar offence arising out of the same inquiry.
“(8.) A witness who attends before a board of review in accordance with a summons shall be paid fees (including travelling expenses) in accordance with the scales of fees payable in respect of attendance before the Supreme Court of the State or Territory of the Commonwealth in which the witness is required to attend or, in special circumstances, such fees as the board directs.
“(9.) A fee payable to a witness summoned at the instance of the Director-General shall be paid by the Director-General on behalf of the Commonwealth and a fee payable to a witness summoned at the instance of the applicant shall be paid by the applicant, and the person to whom a fee is payable may recover the amount of the fee as a debt by action in a court of competent jurisdiction.
“263.—(1.) After making its investigation, a board of review may confirm, vary or reverse the decision of the Director-General and the Director-General shall take such action as is necessary to give effect to the decision of the board.
“(2.) Without affecting the generality of the last preceding sub-regulation, a board of review may, where it considers it just to do so, direct the suspension of a licence or certificate instead of its cancellation or the cancellation of a licence or certificate instead of its suspension or direct a reduction or an increase of a period of suspension of a licence or certificate imposed by the Director-General.
“(3.) The decision of a board of review is final.
“(4.) Where a board of review reverses a decision of the Director-General or varies such a decision by directing a shorter period of suspension, or by directing a period of suspension instead of a cancellation, the deposit of Thirty pounds lodged with the application under regulation 259 of these Regulations shall be returned to the applicant.
“(5.) Where a board of review confirms a decision of the Director-General or varies such a decision by directing a longer period of suspension, the deposit of Thirty pounds lodged with the application under regulation 259 of these Regulations is, unless the board otherwise directs, forfeited to the Commonwealth.
“264.—(1.) The Supreme Court of each State is invested with federal jurisdiction, and jurisdiction is conferred on the Commonwealth Industrial Court and on the Supreme Court of each Territory of the Commonwealth, respectively, to hear and determine appeals under regulation 259 of these Regulations.
“(2.) The Director-General shall be the respondent in an appeal.
“(3.) An appeal shall be by way of re-hearing and the Court may have regard to any evidence (including evidence not considered by the Director-General) that is relevant to the matter.
“(4.) In deciding an appeal the Court may confirm, vary or reverse the decision of the Director-General and may, by order, direct the Director-General to take such action as is necessary to give effect to the Court’s decision.
“(5.) Without affecting the generality of the last preceding sub-regulation, the Court may, where it considers it just to do so, order the suspension of a licence or certificate instead of itscancellation or the cancellation of a licence or certificate instead of its suspension or order a reduction or an increase of a period of suspension of a licence or certificate imposed by the Director-General.
“(6.) The Court may make such order as to the costs of an appeal as the Court thinks fit.
“(7.) Subject to this Part, the
“265. A statement or disclosure made by a witness to a court or to a board of review under this Part is not admissible in evidence against him in civil or criminal proceedings in a court except in a prosecution for giving false testimony in proceedings under this Part.
“266.—(1.) Where a licence or certificate is suspended under this Part, the licence or certificate has no force or effect for the duration of the suspension, but the period of currency of the licence or certificate continues to run.
“(2.) Where the period for which a licence or certificate is suspended is a period expiring after the expiration of the current period of the licence or certificate, the holder of the licence or certificate is not eligible for renewal of the licence or certificate until the period of suspension has expired.
“(3.) Where a licence or certificate is suspended or cancelled by the Director-General and the period of currency of the licence or certificate expires before the determination of an application for review of, or an appeal against, the decision of the Director-General, the board of review or court, as the case may be, shall decide the matter on its merits notwithstanding the expiration of the period of currency of the licence or certificate and may, if it thinks just to do so, direct or order that the renewal of the licence or certificate shall not take effect before such date as it specifies.
“267.—(1.) Where—
(
a ) a licence or certificate has been suspended or cancelled; and(
b )the suspension or cancellation has not been annulled in accordance with the provisions of this Part,
an appropriate entry shall be made in the register in which particulars relating to the licence or certificate are entered.
“(2.) A notice of the suspension or cancellation and the reasons for that action shall be recorded on—
(
a ) the licence or certificate;(
b ) the licence or certificate as renewed from time to time; and(
c ) a fresh licence or certificate issued to a person who has permitted a licence or certificate for the same or a similar purpose to expire while a note of the suspension or cancellation is recorded in the expired licence or certificate.
“(3.) The Director-General may expunge a note of a suspension or cancellation recorded in pursuance of the last preceding sub-regulation after a period of not less than three years has elapsed after the date of the first recording if, in the opinion of the Director-General, the conduct of the holder of the licence or certificate during that period justifies his doing so.
“268.—(1.) The Commonwealth, the Director-General or a member of a board of review shall not be liable for any expense, loss or damage incurred because of or arising out of the cancellation or suspension of a licence or certificate granted under these Regulations.
“(2.) The amount of any costs awarded against the Director-General under regulation 264 of these Regulations shall be paid by the Commonwealth.
“269.—(1.) A summons or notice required to be given or served under this Part shall be given or served by delivering it personally to the person to be served or by sending it by prepaid registered letter addressed to him at his last known place of abode or business, or by leaving it with some person apparently an inmate of that place and apparently not less than sixteen years of age.
“(2.) If the summons or notice is sent by letter, service shall be deemed to have been effected at the time at which the letter would have been delivered in the ordinary course of post, unless the contrary is proved.”.
“312.—(1.) A person who contravenes or fails to comply with a provision of these Regulations is guilty of an offence.
“(2.) The owner, the operator and the hirer (not being the Crown), and the pilot in command and any other pilot, of an aircraft that flies in contravention of, or fails to comply with, a provision of these Regulations is guilty of an offence.
“(3.) Any reference in the last two preceding sub-regulations to a contravention of, or failure to comply with, a provision of these Regulations shall be read as including a reference to a contravention or failure
to comply with any direction or instruction given or issued under these Regulations, including any condition or direction subject to which an aerodrome, air route facility, airway facility, air route or airway may be used or any condition subject to which a licence or certificate is granted or rendered valid under these Regulations.
“(4.) An offence, not being an offence for which a penalty is prescribed otherwise than by this regulation, may be prosecuted either summarily or upon indictment, but an offender is not liable to be prosecuted more than once in respect of the same offence.
“(5.) The penalty for an offence to which the last preceding sub-regulation applies is—
(
a ) if the offence is prosecuted summarily—a fine not exceeding Two hundred pounds or imprisonment for a term not exceeding six months, or both; or(
b )if the offence is prosecuted upon indictment—a fine not exceeding Five hundred pounds or imprisonment for a term not exceeding two years, or both.
“(6.) A person who attempts to commit an offence against these Regulations is guilty of an offence and is punishable as if the attempted offence had been committed.
“(7.) Any provision of these Regulations by which an offence is created shall be read subject to the provisions of section 23 of the Act.
“312a.—(1.) A person shall not, unless specially permitted by or under these Regulations, perform any duty or exercise any function or do any act for which—
(
a ) a licence;(
b ) a certificate; or(
c ) a rating or other endorsement on a licence or certificate,
is required under these Regulations, without holding—
(
d ) the appropriate licence or certificate; or(
e ) a licence or certificate containing the appropriate rating or other endorsement.
“(2.) Where a licence or certificate is suspended, or a rating or other endorsement on a licence or certificate is suspended or cancelled, under these Regulations, the person to whom the licence or certificate was granted shall not, for the purposes of the last preceding sub-regulation, be deemed to be the holder of the licence or certificate or a licence or certificate containing the rating or other endorsement, as the case may be, during the period of suspension or cancellation.
“(3.) The holder of a licence or certificate shall not—
(
a ) negligently perform a duty that he is qualified to perform under the terms of his licence or certificate; or(
b ) issue a certificate that he is required or empowered to issue under these Regulations without ensuring that all matters certified therein are true and correct in every material particular.
“312b. A person shall not make, cither orally or in writing, a statement that is false or misleading in a material particular in or in connexion with—
(
a ) an application for the grant, issue, renewal or endorsement of a licence, rating, certificate, permit, permission, authority or approval under these Regulations; or(
b )a return, report, notice, form or other document furnished in accordance with these Regulations.
“312c.—(1.) A person shall not obstruct or impede any other person from exercising a power or performing a duty conferred on that other person by or under these Regulations.
“(2.) A person shall not, while in an aircraft—
(
a ) interfere with a crew member;(
b ) behave in a disorderly or offensive manner; or(
c ) do any act that threatens the safety of the aircraft or of persons on board the aircraft.
“(3.) A person shall not tamper with an aircraft or an aircraft component or item of equipment.
“313. A person shall not secrete himself in an aircraft, or travel in an aircraft, without the consent of the operator or pilot in command.”.
“317.—(1.) Proceedings for the commitment of a person for trial on indictment for an offence against these Regulations shall not be instituted except with the consent in writing of the Director-General.
“(2.) Proceedings for the summary prosecution of an offence against these Regulations shall not be instituted except with the consent of the Director-General or a person authorized by the Director-General, by writing under his hand, to give such consents.
“(3.) Where a summary prosecution has been instituted by a person described in the information or complaint as an officer of the Commonwealth, or is conducted by an officer of the Attorney-General’s Department or of the Crown Law Office of a Territory of the Commonwealth, the prosecution shall, unless the contrary is proved, be deemed to have been instituted in accordance with the last preceding sub-regulation.”.
“324a. Wherever the Director-General is empowered under these Regulations to grant or issue a licence or certificate upon or subject to conditions, he may, unless the contrary intention appears, specify and notify in Air Navigation Orders any such conditions that are to be of general application to a specified class of licences or certificates (which may include
licences or certificates granted or issued before the notification) and any conditions so notified shall be deemed to be conditions of every licence or certificate of that class.”.
“330.—(1.) The pilot in command of an aircraft, with such assistance as he requires, may—
(
a ) take such action, including the removal of a person from the aircraft or the placing of a person under restraint or in custody, by force, as he considers reasonably necessary to ensure compliance with the Act or these Regulations in or in relation to the aircraft; and(
b )detain the passengers, crew and cargo for such period as he considers reasonably necessary to ensure compliance with the Act or these Regulations in or in relation to the aircraft.
“(2.) A person who, on an aircraft in flight, whether within or outside Australian territory, is found committing, or is reasonably suspected of having committed, or of having attempted to commit, or of being about to commit, an offence against the Act or these Regulations may be arrested without warrant by a member of the crew of the aircraft in the same manner as a person who is found committing a felony may, at common law, be arrested by a constable and shall be dealt with in the same manner as a person so arrested by a constable.”.
(2.) In this regulation, a reference to the granting of a licence or certificate has the same meaning as in the Air Navigation Regulations, as amended by these regulations.
By Authority: A. J. Arthur, Commonwealth Government Printer, Canberra.
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