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 thirtieth
day of November, 1954.
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 words—
“
and inserting in their stead the words—
“
(
b ) by inserting, after the words—
“
the words—
“
(
c ) by omitting the words—
“
“
and inserting in their stead the words—
“
Division 1.—Aerodrome Traffic. (Regulations 163-170.)
Division 2.—Special Signals relating to Danger Areas, Prohibited Areas and Restricted Areas. (Regulation 173.) ”; and
* Notified in the Commonwealth Gazette on 9th December, 1954.
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 and 32.
4328.—Price 1s. 9/9.9.19554.
(
d ) by omitting the words—“ Part XV.—Suspension, Cancellation and Amendment of Licences and Certificates. (Regulations 264-269.) ”
and inserting in their stead the words—
“ Part XV.—Suspension and Cancellation of, and Refusal to Issue or Renew, Licences and Certificates. (Regulations 264-269j.) ”.
(
a ) by inserting in sub-regulation (1.), after the definition of“ aerodyne ”, the following definitions :—
“ ‘ Aeronautical Information Publications’ or ‘AIP’ means the publications published under regulation 105 of these Regulations;
“ ‘ Aeronautical Information Service’ means the service established under regulation 104 of these Regulations;”;
(
b ) by omitting from sub-regulation (1.) the definition of “ International Regulations for the Prevention of Collisions at Sea ” and inserting in its stead the following definition :—“ ‘ International Regulations for Preventing Collisions at Sea’ means the rules contained in the Schedule to the Navigation (Collision) Regulations made in pursuance of the
Navigation Act 1912-1953; ”;(
c ) by inserting in sub-regulation (1.), after the definition of “ mile ”, the following definition :—“ ‘ military aerodrome’ means an aerodrome under the control of any part of the Defence Force; ”;
(
d ) by omitting from sub-regulation (1.) the definition of “ ‘ Notices to Airmen ’ or ‘ NOTAMS ’ ” and inserting in its stead the following definition:—“ ‘ Notices to Airmen ’ or ‘ NOTAMS ’ means the notices published under regulation 105 of these Regulations; ”;
(
e ) by inserting in sub-regulation (1.), after the definition of “ operating crew ”, the following definition :—“ ‘operational control ’ means the exercise of authority by Air Traffic Control over the initiation, continuation, diversion or termination of flight; ”;
(
f ) by inserting in sub-regulation (1.), after the definition of “ regular public transport aircraft ”, the following definition :—“ ‘ regular public transport service ’ means a service consisting of regular public transport operations as specified in regulation 191 of these Regulations; ”; and
(
g ) by inserting in sub-regulation (1.), after the definition of “ restricted area ”, the following definition :—“ ‘ route segment ’ means a route, or portion of a route, usually flown without an intermediate stop; ”.
“ (5.) These Regulations do not apply to or in relation to military aircraft or, except where otherwise prescribed, to military aerodromes.
“ (6.) Notwithstanding the provisions of the last preceding subregulation, the provisions of these Regulations relating to flight and manoeuvre of aircraft and the licensing of personnel apply to and in relation to a flight by a military aircraft where the aircraft is flown by a person other than a member of the Defence Force.”.
(
a ) by omitting sub-paragraph (iii) of paragraph (a ) of sub-regulation (1.) and inserting in its stead the following sub-paragraph :—“ (iii) Commercial pilot licence, being a licence authorizing the holder to act as pilot in command of an aircraft engaged —
(A) in private operations or aerial work operations ;
(B) in charter operations where the gross weight of the aircraft does not exceed 12,500 pounds ; and
(C) with the special approval of the Director-General, in a regular public transport service, not being an international regular public transport service; ”;
(
b ) by omitting from sub-paragraph (iv) of paragraph (a )of that sub-regulation the words “ on international operations but not on ” and inserting in their stead the words “ other than on international air services being ”;(
c ) by omitting paragraph (d ) of that sub-regulation and inserting in its stead the following paragraph :—“ (
d ) Radio operator licences—(i) Aircraft radiotelephone operator certificate of proficiency, being a certificate certifying—
(A) that the holder is proficient in the use of aeronautical radiotelephone communication and emergency procedures, and is authorized to operate all types of aircraft radiotelephone
equipment on condition that the equipment is not installed in an aircraft or, if so installed, the aircraft is not in flight ; and
(B) if the holder satisfies the Director-General that he is proficient in the use of aircraft radiotelegraph equipment — that the holder is proficient in the use of radiotelegraph communication and emergency procedures for the equipment and is authorized to operate the equipment on condition that the equipment is not installed in an aircraft or, if so installed, the aircraft is not in flight ;
(ii) Aircraft radiotelegraph operator certificate of proficiency, being a certificate certifying—
(A) that the holder is proficient in the use of aeronautical radiotelegraph communication and emergency procedures ; and
(B) that the holder is authorized to operate all types of aircraft radiotelegraph equipment on condition that the equipment is not installed in an aircraft or, if so installed, the aircraft is not in flight ;
(iii) Flight radiotelephone operator licence being a licence—
(A) authorizing the holder to operate, for radiotelephone communication purposes, in such types or categories of aircraft as are endorsed in his licence such aircraft radiotelephone equipment as is endorsed in his licence ; and
(B) if the holder satisfies the Director-General that he is proficient in the use of the equipment for radiotelegraph purposes — authorizing the holder to operate the equipment for radiotelegraph communications ;
(iv) Flight radiotelegraph operator licence, being a licence authorizing the holder to operate in such types or categories ox aircraft as are endorsed in his licence such radiotelegraph equipment as is endorsed in his licence ; ”; and
(
d ) by adding at the end thereof the following sub-regulation :—“ (3.) For the purposes of these Regulations, aircraft radiotelephone operator certificates of proficiency and aircraft radiotelegraph operator certificates of proficiency shall be deemed to be licences issued under these Regulations.”.
“ (4.) The holder of a commercial, senior commercial or airline transport pilot licence may, without being the holder of a flight instructor rating, conduct flights for the purpose of enabling a commercial, senior commercial or airline transport pilot to qualify for the endorsement in his pilot licence of an additional type or category of aircraft.”.
“ (
c ) in the case of a commercial pilot licence—one year ;(
d ) in the case of a pilot licence other than a student pilot licence, a private pilot licence or a commercial pilot licence—six months ;(
e ) in the case of a navigator licence—one year ;(
f ) in the case of a flight radiotelephone operator licence—two years ;(
g ) in the case of a flight radiotelegraph operator licence—one year ; and ”.
“ (7.) An applicant for a flight radiotelephone operator licence shall not be less than seventeen years of age and an applicant for a flight radiotelegraph operator licence shall not be less than nineteen years of age.”.
“ (2.) In specifying the requirements for theoretical tests and examinations appropriate to radio operator licences, the Director-General shall take into account the provisions of Article 24 of the Radio Regulations annexed to the International Telecommunication Convention signed at Buenos Aires on the twenty-second day of December, 1952. insofar as they relate to air navigation.”.
“ (4.) Unless authorized so to do by the Director-General, the holder of a pilot licence shall not act as pilot or pilot in command of a type or category of aircraft for which his licence is not endorsed.
“ (5.) The Director-General may, subject to such conditions as the Director-General considers necessary in the interests of safety, authorize a pilot to act as pilot or pilot in command of an aircraft of a type or category which is not endorsed in his licence—
(
a ) for the purposes of testing the aircraft ; or(
b ) where he has qualified for the endorsement but his licence has not yet been endorsed.”.
“ 60a.—(1.) A flight radiotelephone operator licence and a flight radiotelegraph operator licence shall be valid only for the types and categories of aircraft and the type of radio equipment endorsed in the licence.
“ (2.) The holder of a flight radiotelephone operator licence or a flight radiotelegraph operator licence may apply to have an additional type or category of aircraft or an additional type of radio equipment endorsed in his licence.
“ (3.) The endorsement of an additional type or category of aircraft or of an additional type of radio equipment in a flighty radiotelephone operator licence or a flight radiotelegraph operator licence shall be conditional upon the applicant passing such practical tests pertaining to the operation of the particular type of equipment as the Director-General considers necessary in the interests of the safety of air navigation.”.
(
a ) by inserting in sub-regulation (1.), after the words “ unless he is ”, the words “ an approved person or is ”; and(
b ) by omitting sub-regulation (3.) and inserting in its stead the following sub-regulation :—“ (3.) Subject to Part XV. of these Regulations, a ground instructor licence shall remain in force for such period from the date of issue as is specified in the licence, and may be renewed from time to time for such further periods as are specified in the licence.”.
“ (1.) In addition to the requirements of sub-regulation (3.) of the last preceding regulation, aircraft radio apparatus—
(
a ) shall be installed and shall be used in accordance with the directions of the Director-General;(
b ) shall be maintained at all times in good order and condition ;(
c ) shall not be operated unless inspected and certified, at or within such times as the Director-General directs, as being in proper working order by a person licensed or approved for the purpose ;(
d ) if installed in an aircraft, shall not be operated while the aircraft is in flight, except by a person who is the holder of the appropriate flight radio operator licence issued under Part V. of these Regulations authorizing the use of the apparatus in the type or category of aircraft ; and(
e ) if not installed in an aircraft, or if installed in an aircraft which is not in flight, shall not be operated except by a person who is the holder of the appropriate radio operator certificate or licence issued under Part V. of these Regulations.”.
(
a ) by omitting paragraph (d ) of sub-regulation (1.) and inserting in its stead the following paragraph :—“ (
d ) the control of the initiation, continuation, diversion or termination of flight in order to ensure the safety of aircraft operations; and ”; and(
b ) by omitting from sub-regulation (2. ) the words “ or NOTAMS ” and inserting in their stead the words “, AIP or NOTAMS ”.
(
a ) by omitting from sub-regulation (2.) the words “ in Air Navigation Orders ” and inserting in their stead the words “ in AIP ”; and(
b ) by adding at the end thereof the following sub-regulation :—“ (3.) The Director-General may designate routes on which operational control is exercised by Air Traffic Control and shall publish notification of each designation in ATP or, if the circumstances so require, in NOTAMS.”.
(2.) Subject to the next succeeding sub-regulation and to the next succeeding regulation, an aircraft shall not—
(
a ) enter, operate in, or leave, a control area ;(
b ) operate outside a control area as a result of a diversion out of that control area at the direction of the appropriate Air Traffic Control unit ;(
c ) enter, operate in, or leave, a control zone during the course of an I.F.R. flight ; or(
d ) when radio apparatus is fitted to the aircraft, enter, operate in, or leave, a control zone or controlled aerodrome,
“ 97. An aircraft operating in a control zone or at a
controlled aerodrome shall not be required to comply with the provisions of
paragraphs (
“
“ 104.—(1.) The Minister may establish and conduct a service known as the Aeronautical Information Service.
(2.) The functions of the Aeronautical Information Service are to collect and disseminate aeronautical information and instructions necessary for the safety, regularity and efficiency of air navigation relating to—
(
a ) aerodromes ;(
b ) air traffic control services and facilities ;(
c ) communication and air navigation services and facilities ;(
d ) meteorological services and facilities ;(
e ) search and rescue service and facilities ;(
f ) procedures and regulatory requirements connected with air navigation ; and(
g ) hazards to air navigation.
“ 105.—(1.) The Aeronautical Information Service shall cause to be published publications to be known as Aeronautical Information Publications and notices to be known as Notices to Airmen.
“ (2.) There shall be published in Aeronautical Information Publications the aeronautical information and instructions which, by these Regulations, the Director-General is required to publish, or may publish in Aeronautical Information Publications and such other aeronautical information and instructions as are of a lasting character essential to air navigation.
“ (3.) There shall be published in Notices to Airmen the aeronautical information and instructions which, by these Regulations, the Director-General is required to publish, or may publish, in Notices to Airmen and such other aeronautical information and instructions—
(
a ) which are of a temporary nature ; or(
b ) which cannot be made available with sufficient rapidity by the issue of, or amendment to, Aeronautical Information Publications.
“ (4.) The Aeronautical Information Service—
(
a ) shall forward copies of Aeronautical Information Publications and Notices to Airmen to the International Civil Aviation Organization ;(
b ) shall obtain publications of the Contracting States corresponding to Aeronautical Information Publications and Notices to Airmen ; and(
c ) shall publish in Aeronautical Information Publications or Notices to Airmen, as the case requires, such of the aeronautical information and instructions contained in the publications so obtained as are necessary for the safety, regularity and efficiency of air navigation by Australian aircraft.
“ (5.) Expressions used in the Aeronautical Information Publications and Notices to Airmen shall, unless the contrary intention appears, have the same meanings as in these Regulations.”.
“ 114a.—(1.) For the purposes of giving effect to Annex 9 to the Convention, the Director-General may specify in Air Navigation Order the information to be furnished by the pilot in command of an aircraft arriving in, or departing from, any part of Australian territory and by a passenger of such an aircraft and the form in which the information is to be furnished.
“ (2.) Where the Director-General has specified the forms to completed, the pilot in command and each passenger shall furnish the appropriate form to an authorized officer as soon as possible after the arrival, or before the departure, as the case may be, of the aircraft.
“ (3.) Where under a law referred to in the last preceding regulation, the pilot in command or a passenger is required to furnish a form containing the information specified by the Director-General in pursuance of sub-regulation (1.) of this regulation, the furnishing of that form shall be deemed to be a sufficient compliance with the last preceding sub-regulation.
“ 114b.—(1.) The Director-General may designate airports as international airports for the arrival in or departure from Australian territory of aircraft at which the formalities incident to customs, immigration, public health, agriculture, quarantine and similar procedures are carried out.
“ (2.) The Director-General—
(
a ) shall publish in A1P particulars of the airports designated under the last preceding sub-regulation; and(
b ) shall transmit those particulars to the International Civil Aviation Organization.”.
“ 115, Subject to these Regulations—
(
a ) an aircraft arriving in Australian territory shall land at an airport designated by the Director-General under the last preceding regulation ; and(
b ) an aircraft departing from Australian territory shall take-off from an airport designated by the Director-General under the last preceding regulation.”.
(
a ) by omitting from paragraph (b ) of sub-regulation (2.) the words “ unless it is of a class of aircraft specified by the Director-General under sub-regulation (4.) of this regulation,”;(
b ) by omitting from sub-regulation (3.) the words “ the following conditions ” and inserting in their stead the words “ such of the following conditions as the Minister considers necessary for reasons of military necessity or public safety and specifies in the notice declaring the area to be a restricted area ”;(
c ) by inserting in that sub-regulation, after paragraph (a ), the following paragraphs :—“ (
aa ) The aircraft shall not fly at an altitude lower than the altitude specified by the Minister in the notice.(
ab ) The aircraft shall be equipped with such special radio apparatus as the Minister specifies in the notice.(
ac ) A person shall not have in his possession, carry or use a camera or other photographic apparatus or material while in an aircraft flying over the restricted area.(
ad ) The pilot in command shall furnish to the Director-General before commencing a proposed flight over the restricted area or, if that is impracticable, immediately on completion of the flight, such details of the flight in addition to the information required under regulation 232 of these Regulations as the Minister specifies in the notice.”; and(
d ) by omitting sub-regulations (4.), (5.) and (6.).
(
a ) by omitting from sub-regulation (2.) the words “ Air Navigation Orders ” and inserting in their stead the words “ Aeronautical Information Publications ”; and(
b ) by omitting from sub-regulation (3.) the words “ Air Navigation Orders ” and inserting in their stead the words “ Aeronautical Information Publications ”.
“ 118.—(1.)
The Minister may, by order published in the
(
a ) either absolutely; or(
b ) unless the camera or other photographic apparatus or material is so carried that passengers do not have access to it during flight.
“ (2.) A person shall not have in his possession, carry or use a camera or other photographic apparatus or material in contravention of an order issued in pursuance of the last preceding sub-regulation.
“ (3.) The pilot in command of an aircraft shall ensure that a camera or other photographic apparatus or material is not carried or used in contravention of an order issued in pursuance of sub-regulation (1.) of this regulation.
“ 118a.—(1.) A person, other than the holder of an aerial work licence issued under Division 1 of Part XIII. of these Regulations and endorsed for aerial survey or aerial photography, shall not take a vertical air photograph.
“ (2.) In this regulation, ‘ vertical air photograph ’ means a photograph taken from an aircraft in flight when the optical axis of the camera lens is at an angle between 75° and 90° with the horizontal plane of the ground.”.
“ 120a. A person, including a flight crew member, shall not, except with the permission of the Director-General, carry in. or have in his possession in, an aircraft a firearm.”.
“ (2.) Subject to this regulation, every aircraft on the water shall comply with the International Regulations for Preventing Collisions at Sea.”.
“ 149.—(1.) A V.F.R. flight may be conducted in a control area in weather conditions where flight visibility is not less than three miles if the aircraft is flown at a distance equal to or greater than 2,000 feet horizontally and 500 feet vertically from cloud.
“ (2.) Subject to the next succeeding sub-regulation, a V.F.R. flight may be conducted in a control zone in weather conditions where flight visibility is not less than three miles if the aircraft is flown at a distance equal to or greater than 2,000 feet horizontally and 500 feet vertically from cloud, unless the appropriate Air Traffic Control unit otherwise directs.
“ (3.) A V.F.R. flight shall not be conducted in a control zone if the ground visibility is less than three miles or if the ceiling is less than 1,000 feet except when authorized by the appropriate Air Traffic Control unit.”.
“ (
c ) subject to the next succeeding sub-regulation, in circumstances requiring a flight over the sea at a distance of more than ten miles from land for more than one hour,”.
“ 157.—(1.) Subject to this regulation, an aircraft shall not, except when necessary for take-off or landing, be flown at a height less than 1,000 feet above the highest obstacle located within five miles of the aircraft in flight.
“ (2.) The Director-General may designate the lowest safe altitude for a specified route segment and shall publish notification of each designation in AIP or, if the circumstances so require, in NOTAMS.
“ (3.) Except when necessary for take-off or landing, an aircraft shall not be flown along a route segment at a height less than the lowest safe altitude so designated for the route segment.”.
(
a ) by omitting the words “ this Division ” and inserting in their stead the words “ these Regulations ”;(
b ) by omitting paragraph (a ) and inserting in its stead the following paragraph :—“ (
a ) Private operations, being operations in which an aircraft is used for—(i) the personal transportation of the owner of the aircraft ;
(ii) aerial spotting of land occupied by the owner of the aircraft ;
(iii) pest and disease control on land occupied by the owner of the aircraft ;
(iv) seed sowing of land occupied by the owner of the aircraft ;
(v) the carriage of persons or the carriage of goods (not being a carriage of goods referred to in sub-paragraph (viii) of the next succeeding paragraph) without a charge for the carriage being made ;
(vi) the carriage of goods otherwise than for the purposes of trade ; or
(vii) other private operations of a character substantially similar to any of those specified in the preceding sub-paragraphs of this paragraph; ”;
(
c ) by omitting sub-paragraphs (ii), (iii) and (iv) of paragraph (b ) and inserting in their stead the following sub-paragraphs :—“ (ii) aerial spotting other than aerial spotting referred to in sub-paragraph (ii) of the last preceding paragraph ;
(iii) pest and disease control other than pest and disease control referred to in sub-paragraph (iii) of the last preceding paragraph ;
(iv) seed sowing other than seed sowing referred to in sub-paragraph (iv) of the last preceding paragraph; ”; and
(
d ) by omitting from sub-paragraph (x) of that paragraph the word “ clauses ” and inserting in its stead the word “ subparagraphs ”.
“ (4.) A pilot may conduct tests or cheeks for the purposes of an approved training and checking organization without being the holder of a flight instructor rating.”
(
a ) by omitting paragraphs (d ) and (e ) of sub-regulation (1.) and inserting in their stead the following paragraphs :—“ (
d ) he shall have made, within the preceding twelve months, a visual examination from the air of the surroundings of each regular aerodrome on the route and landed at each of those aerodromes ;(
e ) he shall have a thorough knowledge of the intermediate and alternate aerodromes for the route ; and(
f ) he shall have performed, within the preceding twelve months—(i) in flight, the approved instrument approach procedures for each regular aerodrome which is to be used under instrument flight conditions ; and
(ii) in flight or by a simulated means, the approved instrument approach procedures for each other aerodrome which may be used on that route under instrument flight conditions.”; and
(
b ) by omitting from sub-regulation (4.) the words “ and (e ) ” and inserting in their stead the words “ , (c ) and (f ) ”.
“ 222. A person shall not manipulate the controls of an aircraft in flight unless he is—
(
a ) the pilot assigned for duty in the aircraft ; or(
b ) the holder of a student pilot licence assigned for instruction in the aircraft.”.
(
a ) by omitting the words “ and ensures that an appropriately licensed pilot or an aircraft maintenance engineer occupies the control seat ”; and(
b ) by adding at the end thereof the following sub-regulation :—“ (2.) A person shall not start the engine of an aircraft, or permit the engine of an aircraft to run while any person is in the aircraft, unless an appropriately licensed pilot or an approved person occupies the control seat.”.
(
a ) by omitting from paragraph (f ) of sub-regulation (1.) the word “ and ”; and(
b ) by adding at the end of that sub-regulation the following word and paragraph :—“ and (
h ) the aeronautical maps and charts applicable to the route to be flown and any alternative route which may be flown on the particular flight are carried in the aircraft and are readily accessible to the flight crew.”.
“ 232.—(1.) Subject to this regulation, an aircraft shall not fly unless—
(
a ) a flight plan for the flight has been submitted and approved in accordance with this regulation ; or(
b ) flight details for the flight have been submitted in accordance with this regulation,
as the case requires.
“ (2.) The pilot in command of an aircraft which is intended to be flown on—
(
a ) an I.F.R. flight ;(
b ) a flight conducted wholly or in part within a control area ;(
c ) a flight conducted for the purpose of carrying passengers for hire or reward ; or(
d ) a flight during which the aircraft is to be subject to the supervision of Air Traffic Control,
shall submit a flight plan for the flight.
“ (3.) The pilot in command of an aircraft which is intended to be flown on a flight other than a flight specified in the last preceding sub-regulation shall submit flight details for the flight.
“ (4.) A flight plan or flight details, as the case requires—
(
a ) shall contain such information as the Director-General specifies in Air Navigation Orders as being necessary to be furnished for the flight in the interests of safety; and(
b ) shall be submitted in such form and manner as the Director-General specifies in Air Navigation Orders.
“ (5.) The Director-General may, subject to such conditions as he considers necessary in the interests of safety, permit a flight to be conducted—
(
a ) without a flight plan for the flight having been submitted, if the flight is to be conducted on a route other than one on which operational control is exercised by Air Traffic Control ; or(
b ) without the flight plan for the flight having been approved, if the obtaining of the approval would cause undue delay in the commencement of the flight.
“ (6.) The Director-General may permit a flight to be conducted without the submission of flight details, if he is satisfied that the submission of the flight details would cause undue delay in the commencement of the flight.
“ (7.) The appropriate Air Traffic Control unit may approve the flight plan for the intended flight, but shall not approve the flight plan if it appears that any regulation, condition or direction applicable to the operation of the flight has not been or cannot be complied with.
“ (8.) The pilot in command of an aircraft making a flight for which a flight plan or flight details has or have been submitted shall report—
(
a ) any deviation from the flight as specified in the flight plan or flight details ;(
b ) in the case of a flight for which a flight plan has been submitted—his arrival at each of the points of landing specified in the flight plan ; and(
c ) in the case of a flight for which flight details have been submitted—his arrival at the destination specified in the flight details,
as soon as possible to the appropriate Air Traffic Control unit.”.
“ 245a. The exits and passage ways in passenger compartments of an aircraft shall be kept free from obstruction and the exits shall be so fastened as to facilitate their immediate use in an emergency.”.
(
a ) by omitting from sub-regulation (2.) the words “ in a state of intoxication or ”;(
b ) by inserting in that sub-regulation, after the word “ sedative ”, the words “, alcoholic or spirituous liquor ”; and(
c ) by adding at the end thereof the following sub-regulation:—“ (3.) A person shall not act as, or perform any duties or functions preparatory to acting as, a member of the operating crew of an aircraft engaged in a public transport service if he has, during the period of twelve hours immediately preceding the departure of the aircraft consumed any alcoholic or spirituous liquor.”.
“ Part XV.— Suspension and Cancellation of, and Refusal to Issue or Renew, Licences and Certificates.
“ 264.—(1.) Where the Director-General requires the holder of a licence or rating to undergo a test or examination under regulation 65 these Regulations, the Director-General may suspend, the licence or rating until the examination or test is completed.
“ (2.) Where the result of an examination or test referred to in the last preceding sub-regulation is unsatisfactory, the Director-General may—
(
a ) suspend the licence or rating or, if the licence or rating has been suspended under the last preceding sub-regulation, continue the suspension; or(
b ) cancel the licence or rating.
“ (3.) Where the Director-General suspends or continues a suspension of, or cancels, a licence or rating under the last preceding sub-regulation, he shall notify the holder of the licence or rating in writing accordingly.
“ 265.—(1.) Where the Director-General considers that the exercise of the privileges of a licence or certificate issued under these Regulations by the holder of the licence or certificate may constitute a threat to public safety, the Director-General may, by notice in writing served on the holder, suspend the licence or certificate.
“ (2.) The Director-General shall forthwith investigate the matter and—
(
a ) if, after the investigation, the Director-General is satisfied that the exercise of the privileges of the licence or certificate constitutes a threat to public safety, the Director-General may determine accordingly and may, by notice in writing served on the holder of the licence or certificate within twenty-eight days after service of the notice under the last preceding sub-regulation, call upon the holder to show cause why the licence or certificate should not be cancelled or the suspension of the licence or certificate should not be continued ; or(
b ) if, after the investigation, the Director-General is not so satisfied, the Director-General shall, by notice in writing served on the holder of the licence or certificate, annul the suspension.
“ (3.) If the Director-General has not, within
twenty-eight days after service of a notice under sub-regulation (1.) of this
regulation, served on the holder of the licence or certificate a notice under
paragraph (
“ (4.) Where the Director-General serves on the
holder of the licence or certificate a notice under paragraph (
“ 266. Where the Director-General—
(
a ) has reason to believe that the holder of a licence or certificate issued under these Regulations has contravened or failed to comply with a provision of these Regulations ; or(
b ) is of the opinion that it is necessary, in the interests of public safety, that a licence or certificate issued under these Regulations should be suspended or cancelled,
the Director-General may, by notice in writing served on the holder of the licence or certificate, call upon the holder to show cause why the licence or certificate should not be suspended or cancelled.
“ 267.
A notice in writing under paragraph (
(
a ) shall contain full particulars of the grounds which, in the opinion of the Director-General, justify the cancellation or suspension or continued suspension of the licence or certificate ; and(
b ) shall allow the holder of the licence or certificate fourteen days after the notice is served on him within which to show cause why the licence or certificate should not be suspended or cancelled.
“ 268. Where the holder of a licence or certificate on whom a notice to show cause has been served fails to show cause to the satisfaction of the Director-General within the period of fourteen days referred to in the notice or within such further time as the Director-General, on application made by the holder, allows, the Director-General—
(
a ) may suspend the licence or certificate or continue the suspension of the licence or certificate for a specified period or until the holder satisfies, or complies with, a specified condition ; or(
b ) may cancel the licence or certificate.
“ 269. Where the Director-General suspends, or continues the suspension of. or cancels a licence or certificate under the last preceding regulation, he shall notify the holder of the licence or certificate in writing accordingly.
“ 269a.—(1.) Where the Director-General has suspended, or continued the suspension of, or cancelled a licence or rating under regulation 264 of these Regulations or a licence or certificate under regulation 268 of these Regulations, the holder of the licence, rating or certificate may apply, in accordance with the next succeeding sub-regulation, to have the matter referred for consideration by a Board of Review constituted in accordance with the next succeeding regulation.
“ (2.) An application to have the matter so referred—
(
a ) shall be in writing and signed by the holder of the licence, rating or certificate ;(
b ) shall be lodged with the Director-General within fourteen days after the notification of the decision to suspend or cancel is served on the holder of the licence, rating or certificate ; and(
c ) shall be accompanied by a deposit of Twenty pounds which shall be lodged at the time the application is lodged.
“ 269b.—(1.) A Board of Review shall be appointed by the Minister and shall consist of a Chairman and two other members.
“ (2.) The Chairman shall be a person nominated by the Solicitor-General who—
(
a ) is an officer of the Attorney-General’s Department ;(
b ) is an officer of the Crown Law Department of the Territory of Papua and New Guinea ; or(
c ) is qualified to practice as a barrister or solicitor of the High Court or the Supreme Court of a State or Territory.
“ (3.) The members of the Board of Review other than the Chairman shall be persons nominated by the Director-General who possess aeronautical or engineering knowledge or experience or other special knowledge or experience of air navigation.
“ (4.) Not more than one of the members of the Board of Review shall be in the employment of the Department.
“ (5.) A member of the 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, or portion of a day, during which he acts as a member of the Board be paid Ten pounds ten shillings or such greater sum as the Director-General considers reasonable.
“ (6.) Immediately after the Board of Review is appointed, the Director-General shall refer the matter to the Board.
“ 269c.—(1.) Within seven days of 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 into the matter and shall consider and give due weight to any evidence (including evidence not considered by the Director-General) which is relevant to the fitness of the applicant to hold the licence, rating or certificate.
“ (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.) The matter shall be determined by a majority of votes and, for that purpose, the Chairman of the Board of Review has a deliberative vote only.
“ (5.) An applicant may be represented by ‘counsel, solicitor or agent, who may examine witnesses and address the Board of Review on the applicant’s behalf, and the Director-General may likewise be represented.
“ (6.) Unless the Board of Review otherwise directs, the hearing shall be open to the public.
“ 269d.—(1.) The Chairman of the 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 which the person is required by the summons to produce.
“ (2.) The 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.) The 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 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 Review shall not, after payment 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 which he is required to produce.
Penalty : Twenty pounds.
“ (6.) A person appearing as a witness before the Board of Review 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.
Penalty : Twenty pounds.
“ (7.) A statement or disclosure made by a witness to the Board of Review 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 Review 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.
“ 269e.—(1.) After making its investigation, the Board of Review may confirm, vary or annul the decision of the Director-General.
“ (2.) The decision of the Board of Review shall be final.
“ (3.) Where the Board of Review annuls the decision of the Director-General or varies the decision by imposing a shorter period of suspension, the deposit of Twenty pounds lodged with the application under regulation 269a of these Regulations shall be returned to the applicant.
“ (4.) Where the Board of Review confirms the decision of the Director-General or varies the decision by imposing a longer period of suspension the deposit of Twenty pounds lodged with the application under regulation 269a of these Regulations shall be forfeited and paid into the Consolidated Revenue Fund, unless the Board otherwise directs.
“ 269f—(1.) Where—
(
a ) a licence or certificate, or a rating or other endorsement in a licence or certificate, issued under these Regulations 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 note of the suspension or cancellation and the reasons for that action shall be endorsed in—
(
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 endorsed with a note of suspension or cancellation.
“ (3.) The Director-General may expunge a note of a suspension or cancellation endorsed in pursuance of the last preceding sub-regulation after a period of not less than three years has elapsed from the date of the endorsement if, in the opinion of the Director-General, the conduct of the holder of the licence or certificate during that period so warrants.
“ 269g. The Commonwealth, the Director-General or a member of a Board of Review shall not be liable for any expense incurred, or claims made, because of or arising out of the cancellation or suspension of a licence or certificate issued under these Regulations.
“ 269h. 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 ago.
“ 269j.—(1.) Where the Director-General considers that circumstances so warrant he may—
(
a ) in addition to his powers under regulation 264 of these Regulations, suspend or cancel a rating or other endorsement in a licence or certificate issued under these Regulations ;(
b ) suspend or cancel a privilege prescribed in relation to the category of a licence issued under these Regulations by Part V. of these Regulations or impose a limitation additional to the limitations prescribed by that Part, for such period as he specifies ;(
c ) refuse to issue a licence or certificate under these Regulations to a person or renew a licence or certificate which a person holds ; or(
d ) refuse to endorse or renew a rating or other endorsement in a licence or certificate issued to a person under these Regulations.
“ (2.) The provisions of this Part apply, to the full extent to which they are capable of application, to and in relation to an exercise by the Director-General of his powers under the last preceding sub-regulation, in like manner as they apply to and in relation to the suspension or cancellation of a licence or certificate.”.
(
a ) by omitting from sub-regulation (1.) the words “ or in ” and inserting in their stead the words “, in AIP or ”; and(
b ) by omitting from sub-regulation (2.) the words “ or in ” and inserting in their stead the words “, in AIP or ”.
“ 312a. A person shall not secrete himself in an aircraft, or travel in an aircraft without the consent of the operator or pilot in command.”.
“ (3.) Where an aircraft has been left standing in contravention of sub-regulation (1.) of this regulation, the Director-General may, by notice in writing served on the owner of the aircraft, direct the owner to remove the aircraft from the aerodrome or to an area designated by the Director-General for the parking of aircraft, within such time as is specified in the notice.
“ (4.) A notice under the last preceding sub-regulation may be served—
(
a ) by leaving it with or tendering it to the owner ;(
b ) by posting it to the owner in a prepaid registered letter ; or(
c ) if the owner cannot be found or his address is not known, by affixing it to the aircraft to which it relates.
“ (5.) An owner shall comply with the directions contained in a notice served on him under this regulation.
“ (6.) Where an owner fails to comply with the directions contained in a notice served on him under this regulation, the Director-General may authorize an officer, with such assistance (if any) as he requires, to carry out the directions contained in the notice.
“ (7.) Where an aircraft is left standing in contravention of this regulation for more than one day, the owner, operator and hirer are guilty of a separate contravention for each day on which the aircraft is so left standing.”.
14. | Yellow Ball |
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Printed for the Government of the Commonwealth by A. J. Arthur
At the Government Printing Office, Canberra.
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