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 sixth day of September
W. J. McKELL
Governor-General.
By His Excellency’s Command,
Acting Minister of State for Civil Aviation.
AMENDMENTS OF THE AIR NAVIGATION REGULATIONS.
“(iii) Commercial pilot licence, being a licence authorizing the holder to act as pilot in command of an aircraft engaged in—
(1) private or aerial work operations;
(2) charter operations where the gross weight of the aircraft does not exceed 12,500 pounds; and
(3) a regular public transport service, with the special approval of the Director-General;”.
“(1.) Subject to these Regulations, a licence issued under this Part shall remain in force for such period after the date of issue as is specified in the licence, but not exceeding—
(
a ) in the case of a student pilot licence—two years;(
b ) in the case of a private pilot licence—two years;(
c ) in the case of a pilot licence other than a student pilot licence or a private pilot licence—six months;(
d ) in the case of a navigator licence—one year;(
e ) in the case of a third class flight radio-telephony licence—two years;(
f ) in the case of a second or first class flight radio-telephony licence—one year;(
g ) in the case of a first class radio-telegraphy licence—one year; and(
h ) in the case of an engineer licence—one year.”.
* Notified in the
Statutory Rules 1947, No. 112, as amended by Statutory Rules 1947, No. 162; 1948, No. 69; 1949, Nos. 6 and 60; 1950, No. 69; 1952, Nos. 30 and 46.
3107.—Price 5D. 9/1.8.1952.
“(7.) An applicant for a third class flight radio-telephony licence shall not be less than sixteen years of age and the applicant for any other class of flight radio operator licence shall not be less than nineteen years of age.”.
“(2.) Notwithstanding the last preceding sub-regulation, the Director-General may refuse to recognize for the purpose of flight within Australian territory a licence issued to an Australian citizen by the competent authority in any other country.”.
“(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 issue or renewal of a licence or rating under Part V. of these Regulations shall not be established or conducted except under the authority of, and in accordance with, a licence (in these Regulations referred to as ‘a flying school licence’) issued by the Director-General.”.
(
a ) by omitting from sub-regulation (1.) the words “and crews” and inserting in their stead the words “water craft or land vehicles and may engage persons to operate those craft or vehicles”;(
b )by inserting in sub-regulation (2.), after the word “aircraft”, the words “, water craft or land vehicle”; and(
c ) by adding at the end thereof the following sub-regulation:—“(3.) A person engaged in pursuance of this regulation may recover from the Department reasonable remuneration and the amount of any-expenses incurred by him.”.
“113.—(1.) An aircraft, when flying, shall carry the following documents:—
(
a ) its certificate of registration;(
b ) its certificate of airworthiness;(
c ) its maintenance release;(
d ) the licences of the operating crew;(
e ) its journey log;(
f ) its flight manual;(
g ) the licence (if any) to use radio apparatus in the aircraft;(
h )if it carries passengers, a list of their names and places of embarkation and destination; and(
i ) if it carries cargo, the bills of lading and manifests in respect of the cargo.
“(2.) Notwithstanding the provisions of the last preceding sub-regulation, an Australian aircraft operating wholly within Australian territory is not required—
(
a ) if it is engaged in regular public transport or charter operations, to carry the documents specified in paragraphs (a ), (b ) (d ) and (g ) of the last preceding sub-regulation; or(
b )if it is engaged in any other type of operation, to carry the documents specified in paragraphs (a ), (b ), (d ), (f ) and (g )of the last preceding sub-regulation.”.
“(2.) Subject to Part XIV. of these Regulations, an aircraft shall not arrive in or depart from Australian territory without the permission of the Director-General.”.
“(2A.) Without affecting the generality of the last preceding sub-regulation, the Director-General may, by notice published in Air Navigation Orders, declare that, in his opinion, goods or things specified in the notice are likely to endanger the safety of an aircraft or persons on board an aircraft and thereupon those goods or things shall be deemed to be dangerous goods for the purpose of this regulation.”.
(
a )by inserting in sub-regulation (1.), after the words “so as to”, the words “be likely to”; and(
b )by inserting in sub-regulation (2.), after the words “circumstances as”, the words “is or are likely”.
“(5.) Any conditions, referred to in sub-regulations (2.) and (3.) of this regulation, which apply generally to operations of a particular class may be notified in Air Navigation Orders.”.
“(3A.) The airline shall ensure that a copy of the manual is kept in a convenient and accessible place for use by all members of the maintenance personnel employed by the airline who have not been furnished with a copy in pursuance of the last preceding sub-regulation.”.
“(4A.) The airline shall ensure that a copy of the manual is kept in a convenient and accessible place for use by all members of the operations personnel employed by the airline who have not been furnished with a copy in pursuance of the last preceding sub regulation.”.
“(5.) When a service is conducted
wholly within Australian territory, the Director-General may grant an exemption
from all or any of the requirements specified in paragraphs (
“221.—(1.) A person shall not enter, and a member of the operating crew shall not permit or suffer a person to enter, the crew compartment of an aircraft during flight unless that person is a member of the operating crew of the aircraft or is a person permitted by the pilot in command to enter that compartment.
“(2.) A pilot seat or other operating crew position in an aircraft shall not be occupied by any person other than a member of the operating crew who is duly assigned for duty in the aircraft and is licensed for the duties associated with that seat or position, or by a person authorized to enter the crew compartment for the purpose of conducting examinations, inspections or checks of the aircraft, its equipment, a member of the operating crew or the ground organization provided for use by aircraft.
“(3.) The pilot in command of an aircraft shall admit an authorized person to the crew compartment and allow that person to occupy the seat or position appropriate for the performance of his duties unless the pilot in command is of opinion that that person’s admission to the crew compartment or occupation of that seat or position, as the case may be, would endanger the safety of the aircraft.
“(4.) Whenever the pilot in command has refused to permit an authorized person to enter the crew compartment or occupy the seat or position appropriate for the performance of his duties, the pilot in command shall, if so required by the authorized person, furnish a report in writing to the Director-General setting forth the reasons for his refusal.”.
“223A. Neither the owner, the operator, the hirer nor the pilot in command of an aircraft shall permit any person to manipulate the propellor of the aircraft for the purpose of starting the engine unless the person giving the permission has satisfied himself that the person receiving the permission is fully conversant with the correct starting procedure for that aircraft and ensures that an appropriately licensed pilot or an aircraft maintenance engineer occupies the control seat.”.
“(1.) Immediately before taking-off on any flight, the pilot in command of an aircraft shall—
(
a )test the flight controls on the ground to the full limit of their travel and make such other tests as are necessary to ensure that those controls are functioning correctly;(
b )ensure that locking and safety devices are removed and that hatches, doors and tank caps are secured; and(
c ) ensure that all external surfaces of the aircraft are completely free from frost and ice.”.
“244.—(1.) Subject to the next succeeding sub-regulation, safety belts shall be worn by all crew members and passengers—
(
a ) during take-off and landing;(
b ) during an instrument approach;(
c ) when the aircraft is flying at a height loss than 1,000 feet above the terrain; and(
d ) at all times in tubulent conditions.
“(2.) The Director-General may direct that a specified or approved type of safety harness shall be worn in place of safety belts—
(
a ) by all occupants of an aircraft of a particular type or classification; or(
b ) by specified crew members.
“(3.) Subject to the next succeeding sub-regulation, the operator of an aircraft shall detail a member of the crew to ensure that a safety bolt or safety harness is worn by each occupant of the aircraft during the times specified in sub-regulation (1.) of this regulation and to ensure that each bolt or harness is adjusted to fit the wearer without slack.
“(4.) Where the pilot in command is the only crew member, the operator shall ensure that an approved system is installed in the aircraft to enable the pilot in command to notify passengers when a safety belt or safety harness is to be worn.”.
“261A—(1.) An aircraft to which
paragraph (
“(2.) An aircraft arriving from a place outside Australian territory shall be deemed to discharge passengers or cargo within the meaning of the last preceding sub-regulation if it lands at any place in Australian territory while carrying passengers or cargo destined for that place or another place in Australian territory.”.
“264B.—(1.) Subject to these Regulations, the Director-General may refuse to issue or renew a licence or certificate or any rating or other endorsement on a licence or certificate whenever he is satisfied that such action is necessary or desirable in order to ensure compliance with the provisions of the Convention and of these Regulations, or in the interests of public safety.
“(2.) The provisions of this Part shall apply, to the full extent to which they are capable of application, to and in relation to the refusal to issue or renew a licence or certificate or any rating or other endorsement on a licence or certificate in like manner as they apply to and in relation to the suspension or cancellation of a licence.”.
“289A. Assessors appointed in pursuance of the last preceding regulation shall have no power of adjudication but each assessor shall sign the report and, if he disagrees with any finding or recommendation in the report, he shall state in writing his reasons for that disagreement and those reasons shall be forwarded to the Minister with the report and, for the purposes of these Regulations, shall be deemed to be part of the report.”.
“315A.—(1.) A person shall not smoke or do any act to procure a naked flame within fifty feet of an aircraft or in any part of an aerodrome in which a notice indicates that smoking is prohibited.
(2.) A person shall not do any act likely to create a fire hazard endangering an aircraft or an aerodrome.”.
“(2.) Without affecting the generality of the last preceding sub-regulation, a Crown Law Officer representing the Crown in the Territory of Papua-New Guinea may conduct the prosecution in that Territory for an offence against these Regulations.”.
(
a )by omitting sub-regulations (2.) and (3.) and inserting in their stead the following sub-regulations:—“(2.) For the purpose of any proceedings under these Regulations, the Director-General, or the officer having custody of the appropriate records of the Department, may certify as to—
(
a ) the registration or non-registration of an aircraft;(
b )the issue or non-issue and the conditions of the certificate of airworthiness of an aircraft;(
c ) the licensing or non-licensing of a person under these Regulations;(
d )the licensing or non-licensing of an aerodrome or the authorization of the use of a place as an aerodrome;(
e ) the issue or non-issue of any permit, permission, notice, order or authority required by or under these Regulations; or(
f ) the suspension, cancellation, amendment or endorsement of any licence or certificate issued under these Regulations,and any such certificate bearing the written signature of the Director-General or of that officer shall in any Court be
prima facie evidence of the facts stated in the certificate.“(3.) For the purpose of any proceedings under these Regulations, the Director-General may 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 or other representative of the Department;(
b )a notification of an incident in accordance with regulation 274 of these Regulations has not been received by the Director-General or other representative of the Department; or(
c ) a document required to be surrendered to the Director-General in accordance with regulation 323 of these Regulations has not been so surrendered,and any such certificate bearing the written signature of the Director-General shall in any Court be prima facie evidence of the facts stated in the certificate.”;
(
b )by omitting sub-regulation (5.) and inserting in its stead the following sub-regulation:—“(5.) All Courts shall take judicial notice of—
(
a )the signature of the Director-General and the fact that the person whose signature it purports to be holds or has hold the office of Director-General; and(
b )the signature of the person purporting to be the custodian of the appropriate records of the Department and the fact that the person whose signature it purports to be had the custody of those records at the time of issuing a certificate under sub-regulation (2.) of this regulation.”; and(
c ) by adding at the end thereof the following sub-regulation:—“(7.) Evidence of the text of the Convention or of an annex adopted in pursuance of the Convention may be given in all Courts by the production of a document purporting to be certified by the Director-General to be a true copy of the Convention or an annex, as the case may be.”.
“322. Unless the Director-General otherwise directs, a licence or certificate of registration required by or under these Regulations shall not be issued to a person who is not a British subject ordinarily resident in Australia or a corporation substantially owned and effectively controlled by British subjects ordinarily resident in Australia.”.
By
Authority: L. F
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