Air Navigation Regulations (Amendment) (Cth)

STATUTORY RULES.

1952. No. 30.

 

REGULATIONS UNDER THE AIR NAVIGATION ACT 1920-1950.*

I, THE GOVERNOR-GENERAL in andover the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Air Navigation Act 1920-1950.

Dated this twenty third day of April, 1952.

W.J. McKELL

Governor-General.

By His Excellency’s Command,

Minister of State for Civil Aviation.

 

AMENDMENTS OF THE AIR NAVIGATION REGULATIONS. 

1. Regulation 270 of the Air Navigation Regulations is repealed and the following regulation inserted in its stead:—

Definitions.

“270. In this Part, unless the contrary intention appears—

‘accident’, in relation to an aircraft, means an occurrence associated with the operation of the aircraft which takes place between the time any person boards the aircraft with the intention of flight until such time as all those persons have disembarked, in which—

(a) any person suffers death or serious injury as a result of being in or upon the aircraft or by direct contact with the aircraft or anything attached to the aircraft; or

(b) the aircraft suffers substantial damage;

‘country of registration’ means the country on whose register the aircraft is entered;

‘incident’, in relation to an aircraft, means an occurrence which takes place either on the ground or in flight, in which—

(a)the aircraft suffers damage or a person suffers injury in circumstances other than those specified in the definition of ‘accident’;

(b) the aircraft has a forced landing;

 

* Notified in the Commonwealth Gazette on , 1952.

 Statutory Rules 1947, No. 112, as amended by Statutory Rules 1947, No. 162; 1948, No. 69; 1949, Nos. 6 and 70; and 1950, No. 69.

1022.—PRICE 3D. 9/25.3.1952.

 

(c) the aircraft lands at a scheduled aerodrome in an unairworthy condition;

(d)the aircraft is compelled to land at the aerodrome of departure without completing the scheduled flight;

(e) the aircraft lands owing to conditions which make continuance of the flight inadvisable;

(f) the position of the aircraft becomes unknown for any period; or

(g)the safety of the aircraft or its occupants or of any other person or property is jeopardized.”.

2.Regulation 271 of the Air Navigation Regulations is repealed and the following regulation inserted in its stead:—

Accidents to be reported.

“271. Where an accident occurs—

(a) to an Australian aircraft; or

(b) to any other aircraft in Australian territory,

the pilot in command, the owner, the operator and the hirer (if any) shall each be responsible for ensuring that a notification of the accident is furnished, by telegram, immediately after the accident, and by a written report, as soon as practicable after the accident, to the Director-General.”.

Particulars to be reported.

3. Regulation 272 of the Air Navigation Regulations is amended—

(a) by inserting in paragraph (b)of sub-regulation (1.) after the word “owner” the word “, operator (if any)”;

(b) by omitting from paragraph (c) of that sub-regulation the word “commander” and inserting in its stead the words “pilot in command”; and

(c) by omitting from paragraph (c) of that sub-regulation the words “next point of landing” and inserting in their stead the words “point of intended landing”.

Country of registration to be notified of accident to aircraft of Contracting State.

4. Regulation 273 of the Air Navigation Regulations is amended by adding at the end thereof the following sub-regulation:—

“(2.) Whenever any of the particulars referred to in the last preceding regulation are not available at the time of the notification, the Director-General shall despatch to the country of registration the particulars omitted from the notification and any other relevant information as soon as it becomes available.”.

5. Regulation 274 of the Air Navigation Regulations is repealed and the following regulation inserted in its stead:—

Incidents to be reported.

“274.—(1.) Where an incident occurs to an Australian aircraft, the pilot in command, the owner, the operator (if any) and the hirer (if any) shall each be responsible for ensuring that a written notification of the incident is furnished to the Director-General within forty-eight hours after the occurrence.

“(2.) The notification referred to in sub-regulation (1.) of this regulation shall contain the same, particulars, mutatis mutandis,in relation to the incident as are specified in relation to an accident in regulation 272 of these Regulations.”.

 

Removal of or interference with aircraft.

6. Regulation 275 of the Air Navigation Regulations is amended by omitting sub-regulation (3.) and inserting in its stead the following sub-regulation:—

“(3.) The Director-General may authorize any person, so far as is necessary for the purpose of any inquiry under this Part—

(a) to take measures for the preservation of the aircraft;

(b) to have access to, examine, remove or otherwise deal with the aircraft; and

(c) to make records by photographic or other adequate means of any material evidence which can be removed, effaced, lost or destroyed.”.

7. Regulation 276 of the Air Navigation Regulations is repealed and the following regulation inserted in its stead:—

Aircraft, &c., of Contracting State to remain undisturbed on request.

“276.—(1.) Upon receipt of notification from the country of registration of an aircraft to which regulation 273 of these Regulations applies of its intention to send an accredited representative together with a request by that country that the aircraft, its contents and any other evidence remain undisturbed pending inspection by the accredited representative, the Director-General shall, subject to the next succeeding sub-regulation, take such steps as are reasonably necessary and practicable to comply with the request, including the facilitation of access to the aircraft, contents or evidence, as the case may be.

“(2.) If the aircraft, its contents or evidence lies in a restricted or prohibited area, the Director-General may refuse access in that area but shall effect removal of the aircraft, its contents or evidence, as the case may be, to a point outside that area for the purpose of access.”.

Authorization of investigation.

8. Regulation 278 of the Air Navigation Regulations is amended by omitting the words “which has not previously been referred to an Air Court of Inquiry”.

Powers of investigator.

9. Regulation 279 of the Air Navigation Regulations is amended by inserting after sub-regulation (1.) the following sub-regulation:—

“(1A.) Where an investigator has required the production of a document or a part or component of an aircraft relevant to the inquiry, he may retain the document, part or component of the aircraft, as the case may be, for such reasonable period as is necessary for the purpose of the inquiry and may make copies of or take extracts from the document so produced or retained.”.

Investigation of accidents to aircraft of Contracting States.

10. Regulation 284 of the Air Navigation Regulations is amended—

(a)by inserting, after the words “Contracting State” (first occurring), the words “or a Contracting State, on request by the investigator or Court conducting an investigation or inquiry under this Part, has furnished to the investigator or Court, as the case may be, relevant information”;

(b) by omitting from paragraph (a)of that regulation, the word “may” (first occurring) and inserting in its stead the words “and the Contracting State which has furnished the relevant information may each”; and

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

“(2.) The Minister shall, as soon as possible, send to the country of registration a copy of the report of the investigation or inquiry and to any other Contracting State which furnished information on request a copy of the report or that part of the report which he considers affects, or is likely to affect, it.”.

 

11. Regulation 285 of the Air Navigation Regulations is repealed and the following regulation inserted in its stead:—

Investigation of accidents and incidents to Australian aircraft outside Australian territory.

“285.—(1.) Where an accident occurs to an Australian aircraft outside Australian territory and in the territory of a Contracting State, the Minister may appoint an accredited representative or investigator, or both, to participate in such investigation or inquiry as is conducted by the Contracting State.

“(2.) Where an accident occurs to an Australian aircraft outside Australian territory other than in the territory of a Contracting State, or where the location of the accident cannot be established definitely as being in the territory of a Contracting State, the Minister may appoint an accredited representative or investigator, or both, to conduct an investigation into any matter connected with the accident.

“(3.) Where an incident occurs outside Australian territory to an Australian aircraft, the Minister may authorize an investigator to conduct an investigation into any matter connected with the incident.”.

12. Regulation 286 of the Air Navigation Regulations is repealed and the following regulation inserted in its stead:—

Furnishing of information to Contracting State which conducts investigation.

“286. Where an accident occurs in the territory of a Contracting State, and that Contracting State conducts an investigation or inquiry, the Director-General shall, on request by the appropriate authority of that State, furnish that authority with all the relevant information in his possession.”.

Report of Court.

13. Regulation 296 of the Air Navigation Regulations is amended by omitting sub-regulation (3.).

14. Regulation 305 of the Air Navigation Regulations is repealed and the following regulation inserted in its stead:—

Appearance before Court.

“305. Any person who satisfies the Court that he has an interest in the inquiry including—

(a)a person against whom a charge is, or may be, made, or who is, or may be, aggrieved by the inquiry;

(b) the accredited representative of a Contracting State; and

(c) the representative of any association the members of which may, in the opinion of the Court, be affected or prejudiced by the inquiry,

may appear before the Court or be represented before the Court by a barrister or solicitor.”.

Evidentiary provisions.

15. Regulation 320 of the Air Navigation Regulations is amended by adding at the end thereof the following sub-regulation:—

“(6.) the Governor-General may, by notice published in the Gazette, declare which countries are the Contracting States, and that notice shall, except to the extent (if any) to which it has been superseded by a subsequent notice under this sub-regulation, be evidence of the matter so declared.”.

Offences.

16. Regulation 312 of the Air Navigation Regulations is amended by omitting from sub-regulation (2.) the words “commander in charge” and inserting in their stead the words “pilot in command”.

 

By Authority: L. F.