Air Navigation Regulations (Amendment) (Cth)

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STATUTORY RULES.

1946. No. 51.

REGULATIONS UNDER THE AIR NAVIGATION ACT 1920-1936.*

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 1920-1936.

Dated this sixth day of March, 1946.

HENRY

Governor-General.

By His Royal Highness’s Command,

NORMAN J. O. MAKIN

for Minister of State for Civil Aviation.

__________

Amendments of the Air Navigation Regulations. 

Definitions.

1.Regulation 5 of the Air Navigation Regulations is amended—

(a) by omitting the definition of “public transport aircraft” and inserting in its stead the following definition:—

“‘public transport aircraft’ means all aircraft used for carrying persons or things for a remuneration of no matter what nature, or even without remuneration if the transport is effected by a person engaged in the business of carrying persons or things for hire or reward;”; and

(b) by inserting, after the definition of “registered”, the following definition:—

“‘regular public transport service’ means a public transport service which is operated on two or more occasions within any period of four weeks between any two places;”.

2.Regulation 79 of the Air Navigation Regulations is repealed and the following regulation inserted in its stead:—

Licensing of public transport aircraft.

“79.—(1.) Except as provided in the next succeeding sub-regulation, aircraft shall not be used by any person in the operation of a regular public transport service except under the authority of, and in accordance with, a licence (in these Regulations referred to as ‘an air-line licence’) issued to that person by the Director-General.

* Notified in the Commonwealth Gazette on 7th March, 1946.

  Statutory Rules 1937, No. 81, as amended by Statutory Rules 1938, No. 104; 1939, Nos. 2 and 122; 1940, Nos. 25, 155 and 162; and 1941, No. 16.

780.—Price 3d.

“(2.) The Director-General may, if he considers the particular circumstances of the case so warrant, exempt a person who proposes to operate a service which would constitute a regular public transport service from the necessity of obtaining an air-line licence and may approve of the operation of the service subject to such conditions as the Director-General considers necessary.

“(3.) An applicant for an air-line licence or an applicant for exemption under the last preceding sub-regulation shall furnish such information in relation to the proposed service as the Director-General requires.

“(4.) Where the proposed service is an interstate service, the Director-General shall, if satisfied as to the safety of the proposed service, issue an air-line licence, subject to such conditions, in addition to compliance with these Regulations, as the Director-General considers necessary to ensure the safety of the aircraft and of the persons to be carried by the aircraft.

“(5.) Where the proposed service is other than an interstate service the Director-General may issue an air-line licence upon such conditions, in addition to compliance with these Regulations, as the Director General considers necessary or may refuse to issue a licence.

“(6.) Subject to Part XIII. of these Regulations, an air-line licence shall remain in force for a period of one year from the date of issue, and may, from time to time, be renewed by the Director-General for a further period not exceeding one year.

“(7.) In any proceedings for an offence against this regulation, it shall be prima facie evidence that an aircraft was used in the operation of a regular public transport service if it is proved—

(a) that an announcement was made by public notice, newspaper advertisement or broadcast statement, to the effect that it was proposed to operate a service for the carriage of persons or goods by air for hire or reward or to the like effect; and

(b) that the service was subsequently in operation on two or more occasions within any period of four weeks between any two places, and that the aircraft was used in that service.

“(8.) In this regulation, ‘interstate service’ means a service having scheduled stopping places in two or more States of the Commonwealth.”.

Carriage of wireless apparatus on aircraft.

3.Regulation 89 of the Air Navigation Regulations is amended by omitting sub-regulation (3a.).

________________

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

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