Air Navigation Regulations (Amendment) (Cth)

STATUTORY RULES.

1947. No. 162.

 

REGULATIONS UNDER THE AIR NAVIGATION ACT 1920-1947.*

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 Air Navigation Act 1920-1947.

Dated this twenty-eighth day of November, 1947.

W. J. McKELL

Governor-General.

By His Excellency’s Command,

ARTHUR S. DRAKEFORD

Minister of State for Civil Aviation.

 

Amendments of the Air Navigation Regulations. 

Application of Regulations.

1. Regulation 6 of the Air Navigation Regulations is amended by inserting in sub-regulation (2.), after the words “provisions of” (first occurring), the words “regulations 104, 106 and 107 and the provisions of”.

Use of aerodromes, &c.

2. Regulation 89 of the Air Navigation Regulations is amended by omitting from sub-regulation (1.) the words “use any place as an aerodrome” and inserting in their stead the words “land at or take-off from any place”.

3. Regulation 106 of the Air Navigation Regulations is repealed and the following regulation inserted in its stead:—

Fares and freights.

“106.—(1.) The owner of an aircraft engaged in a public transport service which uses any aerodrome or any air route or airway facility maintained and operated by the Commonwealth shall, in respect of each such service, furnish to the Minister his tariff of charges for the carriage of persons or cargo on the aircraft.

“(2.) The Minister may—

(a) approve any tariff of charges submitted or deemed to have been submitted under this regulation;

(b) approve any such tariff subject to such variations as he directs; or

(c) reject any such tariff and direct the adoption in its stead of such tariff as he considers fair and reasonable for the service provided.

 

* Notified in the Commonwealth Gazette on 28th November, 1947.

  Statutory Rules 1947, No. 112.

7522.—Price 3d.

“(3.) Any tariff of charges for the carriage of persons or cargo on aircraft engaged in a public transport service submitted by the owner of the aircraft and any approval given by the Minister under the provisions of these Regulations which were in force immediately prior to the commencement of this regulation shall be deemed to have been submitted or approved, as the case may be, under this regulation.

“(4.) On the application of the owner of the aircraft concerned, the Minister may approve of any variation of a tariff of charges approved, or deemed to have been approved, or directed to be adopted under this regulation.

“(5.) Where the Minister considers the circumstances of the case so warrant, the Minister may withdraw at any time an approval given, or deemed to have been given, or a direction given, under this regulation and may direct the owner of the aircraft concerned to adopt such tariff of charges as the Minister specifies.

“(6.) If the owner of an aircraft engaged in any particular public transport service which uses any aerodrome or any air route or airway facility maintained and operated by the Commonwealth—

(a) refuses, or fails within such reasonable time as is fixed by the Minister and notified to the owner of the aircraft, to furnish his tariff of charges in accordance with sub-regulation (1.) of this regulation; or

(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 deemed to have been approved, or directed to be adopted, or in any other particular refuses or fails to comply with an approval given, or deemed to have boon given, or a direction given, under this regulation,

the Minister may direct that the aerodrome or facility shall not be open to, or available for use by, the aircraft of that owner on that particular service for the period during which the refusal or failure continues, and during that period the aircraft shall not enter upon or use the aerodrome or facility in the course of carrying persons or cargo and the aerodrome or facility shall not be deemed to be available for the purpose of a licence under Division 1 of Part XIII. of these Regulations.

“(7.) The owner of an aircraft who has paid any charges payable under regulation 104 of these Regulations in respect of the use of any aerodrome or any air route or airway facility for any period during which he is denied the use of the aerodrome or facility under the last preceding sub-regulation shall be entitled to a refund of such portion of the charges paid as relates to the period for which the use of the aerodrome or facility is denied.

“(8.) The provisions of this regulation shall be in addition to and not in derogation of any other provisions of these Regulations and shall not be deemed to affect any proceedings which may be taken under any other law in respect of unlawful or unauthorized entry upon or use of Commonwealth property.”.

Dropping of articles.

4. Regulation 126 of the Air Navigation Regulations is amended by omitting from sub-regulation (1.) the words “which might create hazard to persons or property on the ground or water”.

Aerodromes at which Aerodrome Control is operating.

5. Regulation 144 of the Air Navigation Regulations is amended by inserting in paragraph (a), after the words “aerodrome control”, the words “and approach control”.

Conditions of issue of certain licences.

6. Regulation 199 of the Air Navigation Regulations is amended by adding at the end of sub-regulation (2.) the following proviso:—

“Provided that the Director-General may impose a further condition that aircraft engaged in the service shall not take on or discharge passengers or cargo in a Territory of the Commonwealth.”.

Duration, renewal and review of licences.

7. Regulation 200 of the Air Navigation Regulations is amended by adding at the end thereof the following sub-regulation:—

“(2.) The Director-General may—

(a) refuse to renew a licence issued under this Division;

(b) renew such a licence upon conditions (whether contained in the licence to be renewed or not); or

(c) vary at any time the conditions upon which a licence has been issued or renewed,

if the refusal, or the imposition of the conditions as added or varied, as the case may be, would have been within his powers in dealing with the application for the issue of the licence.”.

Listening watch.

8. Regulation 234 of the Air Navigation Regulations is amended by inserting in sub-regulation (2.), after the words “appropriate aerodrome control”, the words “and approach control”.

 

By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.