Air Navigation Regulations (Amendment) (Cth)
STATUTORY RULES.
REGULATIONS UNDER THE AIR NAVIGATION
ACT 1920-1950.*
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 twenty first
April, 1955.
W. J. Slim
Governor-General.
By His Excellency’s Command,
Athol Townley
Minister of State for Civil Aviation
Amendments of the Air Navigation Regulations.
(
a ) by omitting the figures “14-25” and inserting in their stead the figures “14-25a”;(
b ) by omitting the words—“
Division 1.—Aerodromes, Air Routes and Airways. (Regulations 82-92.)”
and inserting in their stead the words—
“
Division 1.—Aerodromes, Air Routes and Airways. (Regulations 82-91.)
Division 1a.—Obstruction Clearing and Marking. (Regulation 92.)”;
(
c ) by omitting the words—“
Division 6.—Fares, Freights and Statistical Returns. (Regulations 106-107.)”
and inserting in their stead the words—
“
Division 6.—Fares, Freights, Time-tables and Statistical Returns. (Regulations 106-107.)”;(
d ) by omitting the figures “108-135” and inserting in their stead the figures “108-134b”;(
e ) by omitting the figures “124-135” and inserting in their stead the figures “124-134b”;* Notified in the Commonwealth Gazette on 28 April, 1955.
Ϯ 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; and 1954, Nos. 26, 32 and 119.
5862/54.—Price 1s. 9/25.3.1955.
(
f ) by omitting the words—“
Division 1.—Right of Way and Prevention of Collision. (Regulations 136-140.)”and inserting in their stead the words—
“
Division 1.—General. (Regulations 136-139.)”;(
g ) by omitting the figures “219-241” and inserting in their stead the figures “218a-241”;(
h ) by omitting the figures “270-311” and inserting in their stead the figures “270-297”;(
i ) by omitting the words—“
Division 4.—Accident Investigation. (Regulations 278-286.)
Division 5.—Air Courts of Inquiry. (Regulations 287-311.)”and inserting in their stead the words—
“
Division 4.—Accident Investigation. (Regulations 278-283.)
Division 5.—Accidents to Aircraft of Contracting States in Australian Territory. (Regulation 284.)
Division 6.—Accidents and Incidents outside Australian Territory. (Regulations 285-286.)
D ivision 7.—Boards of Accident Inquiry. (Regulations 287-297.)”;(
j ) by omitting the figures “312-320” and inserting in their stead the figures “312-320a”; and(
k ) by omitting the figures “317-320” and inserting in their stead the figures “317-320a”.
(
a ) by omitting from sub-regulation (l.) the definition of “aerodrome” and inserting in its stead the following definition:—“ ‘aerodrome’ means an area of land or water (including any buildings, installations and equipment) established, licensed or approved under Part IX. of these Regulations and intended for use either wholly or in part for the arrival, departure or movement of aircraft;”;
(
b ) by omitting from the definition of “air route facilities” in that sub-regulation the words “the air traffic control service” and inserting in their stead the words “Air Traffic Control services and facilities”;(
c ) by inserting in that sub-regulation, after the definition of “expected approach time”, the following definition:—“ ‘flight’ means—
(
a ) in the case of a heavier-than-air aircraft, the operation of the aircraft from the moment at which the aircraft first moves under its own power for the purpose of taking-off until the moment at which it comes to rest after being airborne; and(
b ) in the case of a lighter-than-air aircraft, the operation of the aircraft from the moment when it becomes detached from the surface of the earth or from a fixed object on the surface of the earth until the moment when it becomes again attached to the surface of the earth or a fixed object on the surface of the earth;”;(
d ) by omitting from that sub-regulation the definition of “meteorological observer” and inserting in its stead the following definition:—“ ‘meteorological observer’ means a person authorized by the Director of Meteorology to make or record meteorological observations or a person approved by the Director-General for that purpose;”; and
(
e ) by inserting in that sub-regulation, after the definition of “military aircraft”, the following definition:—“ ‘movement area’ means the part of an aerodrome intended for the surface movement of aircraft;”.
“31a. Where a flight manual is required to be kept in relation to an aircraft in pursuance of a direction under regulation 112a of these Regulations, the Director-General shall endorse the certificate of airworthiness of the aircraft accordingly.”.
“(2.) If, at any time, the Director-General is satisfied that reasonable doubt exists as to the safety of an aircraft or as to the safety of the type to which that aircraft belongs, the Director-General may—
(
a ) suspend or cancel the certificate of airworthiness in respect of the aircraft; or(
b ) require the aircraft or an aircraft component of the aircraft to undergo such tests and examinations under the supervision of an approved person as the Director-General directs, as a condition of the certificate of airworthiness remaining in force.”.
(
a ) by omitting paragraph (c ) of sub-regulation (1.) and inserting in its stead the following paragraph:—“(
c ) Navigator licences—Flight navigator licence, being a licence authorizing the holder to perform the duties of flight navigator in aircraft;”;
(
b ) by omitting paragraph (e ) of that sub-regulation and inserting in its stead the following word and paragraph:—“and (
e ) Engineer licences—Flight engineer licence, being a licence authorizing the holder to perform the duties of flight engineer in aircraft.”; and
(
c ) by omitting from sub-regulation (2.) the words “classes (a ), (c ), (d ) and (e )” and inserting in their stead the words “classes (a ) and (d )”.
(4.) The proprietor of an aerodrome licensed under this regulation shall not enlarge, reduce or in any other manner alter the manoeuvring area of the aerodrome without the permission in writing of the Director-General.”.
“
“98.—(1.) The Director-General shall make arrangements with the Director of Meteorology for the provision of meteorological information in such form and in such manner and at such places as the Director-General considers necessary to ensure the safe, economic and regular operation of aircraft and to give effect to the Convention.
“(2.) To the extent (if any) to which the Director of Meteorology is unable to furnish the meteorological information considered necessary by the Director-General for the purpose specified in the last preceding sub-regulation, the Director-General may make such other arrangements as are necessary for that purpose.”.
(
a ) by omitting from sub-regulation (1.) the words “the Commonwealth” and inserting in their stead the words “the Minister in pursuance of regulation 82 of these Regulations”;(
b ) by omitting from paragraph (a ) of sub-regulation (2.) the words “or deemed to have been submitted”;(
c ) by omitting sub-regulation (3.);(
d ) by omitting from sub-regulation (4.) the words “, or deemed to have been approved,”;(
e ) by omitting from sub-regulation (5.) the words “or deemed to have been given,”;(
f ) by omitting from sub-regulation (6.) the words “the Commonwealth” and inserting in their stead the words “the Minister in pursuance of regulation 82 of these Regulations”;(
g ) by omitting paragraph (b ) of that sub-regulation and inserting in its stead the following paragraph:—“(
b ) charges, demands, collects or receives, or advertises that he will charge, any greater or less amount than the appropriate amount contained in a tariff of charges approved, or directed to be adopted, under this regulation, or in any other particular refuses or fails to comply with an approval given, or a direction given, under this regulation,”; and(
h ) by omitting from that sub-regulation the words “be deemed to be available” and inserting in their stead the words “be available”.
(
a ) by omitting from paragraph (a ) of sub-regulation (2.) the words “or deemed to have been submitted”;(
b ) by omitting sub-regulation (3.);(
c ) by omitting from sub-regulation (4.) the words “or deemed to have been approved”;(
d ) by omitting from sub-regulation (5.) the word3 “or deemed to have been given,”; and(
e ) by omitting from sub-regulation (6.) the words “or deemed to have been approved”.
“106c.—(1.) An airline shall not operate, or advertise that it will operate, a regular public transport service except in accordance with an approved time-table setting out, in relation to that service, the time of departure from, and arrival at, each terminal and each intermediate stopping place (if any) on the route of the service.
“(2.) An airline shall not commence a new regular public transport service or alter the time-table of, or the intermediate stopping places on the route of, a regular public transport service, unless it has submitted the proposed time-table for the service to the Director-General at least fourteen days before the date on which it intends to operate the new or altered service or within such shorter period as the Director-General allows.
“(3.) A time-table shall be deemed to be an approved time-table for the purposes of this regulation—
(
a ) where a regular public transport service was operated in accordance with the time-table at the date of commencement of this regulation; or(
b ) in any other case, where the time-table has been submitted to the Director-General in accordance with the last preceding sub-regulation and the Director-General has not notified the airline that he disapproves the time-table before the date on which it is intended to operate the new or altered service.
“(4.) The Director-General shall not notify an airline that he disapproves a proposed time-table for an interstate regular public transport service unless he considers that the proposed time-table should not be approved in the interests of safety.”.
(
a ) by omitting from sub-regulation (1.) the words “the next succeeding sub-regulation” and inserting in their stead the words “sub-regulation (2.) of this regulation”;(
b ) by omitting from paragraph (a ) of that sub-regulation the words “is registered and”;(
c ) by inserting, after that sub-regulation, the following sub-regulation:—“(1a.) Except as provided in this Division, an aircraft which is not registered shall not fly within Australian territory.”;
(
d ) by inserting in sub-regulation (2.), after the word “of” (first occurring), the words “sub-regulation (1.) of this regulation and”; and(
e ) by inserting in paragraph (a ) of that sub-regulation, after the words “purpose of”, the word “demonstration,”.
“112a.—(1.) The Director-General may direct that a flight manual be kept in relation to a specified aircraft or an aircraft included in a specified class of aircraft.
“(2.) A flight manual kept in pursuance of a direction of the Director-General under this regulation shall contain such information and instructions relating to—
(
a ) the identification of the aircraft;(
b ) the operating procedures and limitations of the aircraft; and(
c ) the performance and loading of the aircraft,
as the Director-General specifies in the direction or specifies in any subsequent direction given in respect of a flight manual kept in relation to the aircraft.
“(3.) The pilot in command of an aircraft shall comply with all directions relating to his duties which are contained in a flight manual kept in relation to the aircraft in pursuance of a direction of the Director-General under this regulation.”.
“(
f ) if a flight manual is required to be kept in relation to the aircraft in pursuance of a direction under the last preceding regulation—its flight manual;”.
“(
b ) fly over a restricted area in contravention of the conditions specified in the notice declaring the area to be a restricted area.”.
“(2.) In this regulation—
‘dangerous goods’ means—
(
a ) explosive substances; and(
b ) things—(i) which by reason of their nature are liable to endanger the safety of an aircraft or persons on board an aircraft; or
(ii) which the Director-General declares, by notice published in Air Navigation Orders, to be things which, in his opinion, are likely to endanger the safety of an aircraft or persons on board an aircraft.”.
“123. When an Australian aircraft is in or over the territory of a State which is not a Contracting State, the rules contained in the provisions of Division 2 of this Part and the provisions of Parts XI. and XII. of these Regulations shall apply to the aircraft only in so far as those rules do not conflict with the laws of that State.”.
27 Regulation 150 of the Air Navigation Regulations is repealed and the following regulation inserted in its stead:—
“150.—(1.) A V.F.R. flight shall not be conducted outside control areas and control zones—
(
a ) at a height which is less than 1,500 feet above the ground or water—unless flight visibility is equal to or greater than one mile and the aircraft is flown clear of clouds and in sight of the ground or water; or(
b ) at any height equal to or greater than 1,500 feet above the ground or water—unless flight visibility is equal to or greater than one mile and the aircraft is flown at a distance equal to or greater than 2,000 feet horizontally and 500 feet vertically from cloud and at such a cruising level appropriate to its magnetic track as is specified in the following table:—
Magnetic Track. | Cruising Level. |
000°–089° (inclusive)................................................................. | Odd thousands of feet |
090°–179° (inclusive)................................................................. | Odd thousands plus 500 feet |
180°–269° (inclusive)................................................................. | Even thousands of feet |
270°–359° (inclusive)................................................................. | Even thousands plus 500 feet |
“(2.) Notwithstanding paragraph (
(
a ) by inserting in sub-paragraph (viii) of paragraph (b ), after the word “aircraft”, the words “(not being a carriage of goods in accordance with fixed schedules to and from fixed terminals)”;(
b ) by omitting paragraph (c ) and inserting in its stead the following paragraph:—“(
c ) Charter operations, being all air service operations in which aircraft are used—(i) for the carriage of passengers or cargo for hire or reward to or from any place, but which are not conducted in accordance with fixed schedules to and from fixed terminals; or
(ii) for the carriage, in accordance with fixed schedules to and from fixed terminals, of passengers or cargo or passengers and cargo in circumstances in which the accommodation in the aircraft is not available for use by members of the public;”; and
(
c ) by omitting from paragraph (d ) the words “are used for the carriage of passengers or cargo for hire or reward to” and inserting in their stead the words “are available for the transport of members of the public, or for use by members of the public for the transport of cargo, for hire or reward and which are conducted in accordance with”.
(
a ) by omitting the proviso to sub-regulation (2.); and(
b ) by inserting after that sub-regulation the following sub-regulation:—“(2a.) Where, in the case of an application for an airline licence, the proposed service is an interstate service with a terminal or an intermediate stopping place in a Territory of the Commonwealth, the Director-General may—
(
a ) grant the licence;(
b ) refuse the licence; or(
c ) issue a licence for a service between the places, being places in different States, specified in the application subject to the condition that aircraft engaged in the service shall not land in the Territory unless such conditions as the Director-General considers necessary are complied with.”.
“202. In this Division, ‘interstate service’ means—
(
a ) in the case of aerial work operations and charter operations—services involving flights between two or more States of the Commonwealth; and(
b ) in the case of regular public transport operations—a service having a terminal or an intermediate stopping place in more than one State of the Commonwealth.”.
(
a ) by inserting after sub-regulation (1.) the following sub-regulation:—“(1a.) If, in the opinion of the Director-General, the surrounding terrain of any aerodrome referred to in subparagraph (ii) of paragraph (
f ) of the last preceding sub-regulation presents special difficulties, the approved instrument approach procedures shall be performed in flight”;(
b ) by inserting in sub-regulation (4.), after the words “of sub-regulation (1.)” the words “, or in sub-regulation (1a.),”; and(
c ) by omitting from sub-regulation (5.) the words “and (e ) of sub-regulation (1.)” and inserting in their stead the words “, (e ) and (f ) of sub-regulation (1.), or in sub-regulation (1a.),”.
“228. An aircraft shall not take off for the purpose of making a flight under the Visual Flight Rules unless current meteorological reports, or a combination of current meteorological reports, and forecasts, show that the meteorological conditions along the route to be flown are and will be such as to make it possible for the flight to be conducted under the Visual Flight Rules.”.
(
a ) by omitting sub-regulation (1.) and inserting in its stead the following sub-regulations:—“(1.) An operator shall not assign a person to act as a crew member of an aircraft, and a person shall not act as a crew member of an aircraft, unless the person is competent in the use of the emergency and life-saving equipment carried in the aircraft.
“(1a.) An operator shall ensure that crew members are periodically tested as to competency in the use of the emergency and life-saving equipment carried in the aircraft to which they are assigned.”;
(
b ) by omitting from sub-regulation (2.) the words “member of the crew” and inserting in their stead the words “crew member”;(
c ) by omitting from sub-regulation (3.) the words “member of the crew” and inserting in their stead the words “crew member”; and(
d ) by omitting from sub-regulation (4.) the words “aircraft crews” and inserting in their stead the words “crew members”.
“249. An aircraft shall not fly over water at a distance from land greater than the distance from which the aircraft could reach land if the engine, or, in the case of a multi-engined aircraft, the critical engine (being the engine the non-operation of which when the other engines are in operation gives the highest minimum speed at which the aircraft can be controlled) were inoperative, except—
(
a ) with the prior approval of the Director-General; or(
b ) in the course of departing from or landing at an aerodrome in accordance with a normal navigational procedure for departing from or landing at that aerodrome.”.
(
a ) by omitting from sub-regulation (2.) the words “The provisions” and inserting in their stead the words “Subject to the next succeeding sub-regulation, the provisions”; and(
b ) by adding at the end thereof the following sub-regulation:—“(3.) The provisions of this Part do not apply to or in relation to a refusal by the Director-General to issue or renew an aerial work licence, a charter licence or an airline licence under Part XIII. of these Regulations, except where the Director-General has refused to issue or renew the licence in the interests of public safety.”.
“
(
a ) by omitting from sub-regulation (1.) the words “or Court” (wherever occurring) and inserting in their stead the words “or Board of Accident Inquiry”;(
b ) by omitting from paragraph (a ) of that sub-regulation the words “an Air Court of Inquiry” and inserting in their stead the words “a Board of Accident Inquiry”; and (c ) by omitting from paragraph (e ) of that sub-regulation the words “the Director-General” and inserting in their stead the words “in the case of an investigation, the Director-General”.
“
“
“287.—(1.) Where an accident has been investigated under Division 4, 5 or 6 of this Part, the Minister may, unless he is satisfied that the report of the investigation adequately covers the matter, appoint a Board of Accident Inquiry to inquire into the causes of the accident and such other matters relating to the accident as are referred to it by the Minister.
“(2.) Where an accident occurs in Australian Territory to an aircraft of a Contracting State and that Contracting State requests that an inquiry be held into the causes of the accident, the Minister shall appoint a Board of Accident Inquiry to inquire into the causes of the accident and such other matters relating to the accident as are referred to it by the Minister.
“288.—(1.) A Board of Accident Inquiry shall be constituted by a Chairman and such assessors as the Minister considers necessary.
“(2.) The Chairman shall be a person who is a Justice or Judge of a Federal Court, a State Court or a Court of a Territory or a person possessing legal, aeronautical or engineering knowledge or experience or other special knowledge or experience of air navigation.
“(3.) The assessors shall be persons possessing legal, aeronautical or engineering knowledge or experience or other special knowledge or experience of air navigation.
“289. The Attorney-General may appoint a person to be the Secretary of a Board of Accident Inquiry.
“290. An assessor appointed under this Division, other than a person employed in the Public Service of the Commonwealth or a Territory of the Commonwealth, shall, for every day, or portion of a day, during which he acts as an assessor be paid such remuneration as the Minister directs.
“291.—(1.) A Board of Accident Inquiry appointed under regulation 287 of these Regulations shall conduct an inquiry into the causes of the accident and into the other matters referred to it.
“(2.) The Board of Accident Inquiry may conduct the inquiry in such manner as it thinks fit without being bound by legal rules of evidence.
“(3.) The time and place for conducting the inquiry shall be fixed by the Chairman of the Board of Accident Inquiry.
“(4.) The Chairman of the Board of Accident Inquiry may grant leave to appear before the Board to a person being—
(
a ) a person whom the Chairman considers may be affected or prejudiced by the inquiry;(
b ) the representative of an association a member of which the Chairman considers may be affected or prejudiced by the inquiry; and(
c ) in the case of an accident to an aircraft of a Contracting State—the accredited representative of the Contracting State.
“(5.) A person who is granted leave under the last preceding sub-regulation may be represented by counsel, solicitor or agent, who may examine witnesses and address the Board of Accident Inquiry on the person’s behalf.
“(6.) Unless the Chairman of the Board of Accident Inquiry otherwise directs, the sittings of the Board shall be open to the public.
“292.—(1.) The Chairman of the Board of Accident Inquiry may, by writing under his hand, summon a person to attend before the Board at a time and place specified in the summons 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 which the person is required by the summons to produce.
“(2.) The Board of Accident Inquiry 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 inquiry.
“(3.) The Board of Accident Inquiry 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 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 shall be of the same force and effect, and shall entail the same liabilities, as an oath.
“(5.) A person served with a summons to attend before the Board of Accident Inquiry shall not, after payment to him of reasonable expenses, fail, without reasonable excuse—
(
a ) to attend before the Board and to continue in attendance from day to day, unless excused by the Chairman of the Board or until he is released from further attendance by the Chairman of the Board; or(
b ) to produce the books, documents or writings or the part or component of an aircraft in his custody or control which he is required to produce.
“(6.) A person appearing as a witness before the Board of Accident Inquiry shall not refuse to be sworn or make an affirmation instead of taking an oath, or answer a question relevant to the proceedings put to him as a witness.
“(7.) A statement or disclosure made by a witness to the Board of Accident Inquiry 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 before the Board.
“(8.) A witness summoned to attend before the Board of Accident Inquiry 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 in which the witness is required to attend or, in special circumstances, such fees as the Board directs.
“(9.) The owner or occupier of any place in which is situated any aircraft or equipment, or in which is carried out any process, which the Chairman of the Board of Accident Inquiry considers is relevant to the inquiry shall permit the Chairman and any assessor appointed under this Division to enter that place and examine the aircraft, equipment or process.
“(10.) A person shall not—
(
a ) wilfully insult, or disturb or interrupt the proceedings of, the Board of Accident Inquiry;(
b ) by writing or speech use words which are false and defamatory of the Board of Accident Inquiry; or(
c ) commit a wilful contempt of the Board of Accident Inquiry.
“293.—(1.) As soon as is convenient after conducting the inquiry, the Chairman of the Board of Accident Inquiry shall forward to the Minister a written report stating his findings, together with notes of the evidence taken, and adding any observations and recommendations which he thinks fit to make with a view to the preservation of life and the avoidance of future accidents.
“(2.) The Chairman and each assessor appointed to constitute the Board of Accident Inquiry shall sign the report.
“(3.) When an assessor disagrees with a finding or recommendation of the Chairman, the assessor shall state in writing his reasons for the disagreement and those reasons shall be forwarded to the Minister with the report and shall be deemed to be part of the report.
“294. The Minister may at any stage in an inquiry conducted under this Division request the Board of Accident Inquiry to inquire into such further matters relating to the accident as the Minister thinks fit, and may, where an inquiry has been concluded, direct the Board to inquire further into such matters relating to the accident as he thinks fit.
“295. The Minister may cause the whole or a part of a report of the Board of Accident Inquiry to be made public in such manner as he thinks fit.
“296.—(1.) The Chairman of the Board of Accident Inquiry shall, in the exercise of this duties under this Division, have the same protection and immunity as a Justice of the High Court.
“(2.) An assessor appointed under this Division shall not be liable for any expense incurred, or claims made, because of or arising out of proceedings of the Board of Accident Inquiry or a report of the Board.
“297. A summons or other document required to be served under this Division shall be 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 loss than sixteen years of age.”.
(
a ) by omitting sub-regulation (3.) and inserting in its stead the following sub-regulations:—“(3.) A person who performs any duty or exercises any function or does any act (other than the exercise of a right conferred by Part XV. of these Regulations) for which—
(
a ) a licence;(
b ) a certificate; or(
c ) a rating or other endorsement in 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,
shall be guilty of an offence against these Regulations.
“(3a.) Where a licence or certificate or arating or other endorsement in a licence or certificate has been suspended or cancelled under these Regulations, the person to whom the licence or certificate was issued 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.”;
(
b ) by omitting sub-regulations (5.) and (6.) and inserting in their stead the following sub-regulations:—“(5.) A person who obstructs or impedes any other person from exercising a power or performing a duty conferred on him by or under these Regulations shall be guilty of an offence against, these Regulations.
“(6.) A person who, while in an aircraft—
(
a ) interferes with a crew member; or(
b ) behaves in a disorderly or offensive manner, shall be guilty of an offence against these Regulations.“(6a.) A person who tampers with an aircraft or in aircraft component or item of equipment shall be guilty of an offence against these Regulations.”;
(
c ) by inserting in sub-regulation (7.), after the word “licence” (wherever occurring), the words “or certificate”; and(
d ) by omitting from sub-regulation (9.) the word “commander” and inserting in its stead the words “pilot in command”.
(
a ) by omitting from sub-regulation (1.) the words—“Penalty: Twenty pounds.”
and inserting in their stead the words—
“Penalty: One hundred pounds.”; and
(
b ) by inserting, after sub-regulation (1.), the following sub-regulation:—“(1a.) A person, other than an authorized person and, in the case of a place licensed for use as an aerodrome under regulation 84 of these Regulations, the proprietor of that place or a person authorized by the proprietor, shall not enter upon, or operate a vehicle upon, a landing area, landing strip, runway, taxiway or other part of a movement area.
Penalty: Fifty pounds.”.
“320.—(1.) The Director-General may, by writing under his hand, certify that—
(
a ) a notification of an accident, or a written report, in accordance with regulation 271 of these Regulations has not been received by the Director-General;(
b ) a notification of an incident in accordance with regulation 274 of these Regulations has not been received by the Director-General;(
c ) a document required to be surrendered to the Director-General in accordance with a notice in writing under regulation 323 of these Regulations has not been so surrendered;(
d ) a document annexed to the certificate is a true copy of the text of the Convention or of an annex adopted in pursuance of the Convention; or(
e ) a document annexed to the certificate is a true copy of an Air Navigation Order, AIP, NOTAM, licence, certificate, permit, direction, authority, notice, order, approval or other document published, given or issued under these Regulations.
“(2.)
The Director-General, in a certificate under paragraph (
(
a ) the defendant in a prosecution for an offence against these Regulations or in any proceedings for the recovery of moneys under these Regulations; or(
b ) the applicant or other specified person in any review, investigation or inquiry conducted or made under these Regulations.
“(3.) The Director-General, or the officer having custody of the appropriate records of the Department, may, by writing under his hand, certify that, during a specified period or on a specified date—
(
a ) a person was or was not licensed;(
b ) an aircraft was or was not registered;(
c ) a certificate of airworthiness of an aircraft had or had not been issued, was valid or invalid for the purposes of these Regulations or was subject to specified conditions;(
d ) an aerodrome or air route or airway facility was established or provided, was altered. abolished, removed, added to or altered in character or was being provided, maintained or operated in a specified manner, in accordance with regulation 82 of these Regulations;(
c ) a place was or was not licensed for use as an aerodrome or was or was not authorized for use as an aerodrome;(
f ) a permit, direction, authority, notice, order or approval required under these Regulations had or had not been issued under these Regulations; or(
g ) a licence or certificate issued under these Regulations was or was not suspended, cancelled or endorsed with a specified endorsement.
“(4.) In a prosecution for an offence against these Regulations, in any proceedings for the recovery of moneys payable under these Regulations and in any review, investigation or inquiry conducted or made under these Regulations, a certificate purporting to have been given under this regulation—
(
a ) shall, unless the contrary is proved, be deemed to be a certificate given by a person empowered by this regulation to give the certificate; and(
b ) is evidence of the facts stated in the certificate, and, in the case of a certificate certifying that a document was posted to the defendant in a prosecution for an offence against these Regulations or in any proceedings for the recovery of moneys payable under these Regulations or an applicant or a specified person in any review, investigation or inquiry conducted or made under these Regulations, is evidence that the document was received by the defendant, applicant or specified person on or about the time at which it would have been received in the ordinary course of post.
“320a, The
Minister may, by notice published in the
Printed for the Government of the Commonwealth by A. J. Arthur
at the Government Printing Office, Canberra.
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