Air Navigation Regulations (Amendment) (Cth)

Statutory Rules 1996

No. 113 1

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Air Navigation Regulations 2(Amendment)

I, The Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Air Navigation Act 1920.

Dated 13 June 1996.

 WILLIAM DEANE

 Governor-General

By His Excellency’s Command,

JOHN SHARP

Minister for Transport and Regional Development

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1.   Commencement

1.1   Subregulation 4.2 commences on 1 July 1996.

[Note:     The remaining provisions of these Regulations commence on gazettal: see Acts Interpretation Act 1901, s. 48.]

2.   Amendment

2.1   The Air Navigation Regulations are amended as set out in these Regulations.

3.   Regulation 5 (Interpretation)

3.1   Subregulation 5 (1):

Insert the following definition:

“ ‘Director’ means the holder, from time to time, of the office of Director of Air Safety Investigation in the Department;”.

4.   Regulation 246 (Smoking in aircraft)

4.1   Subregulation 246 (9):

Omit the subregulation, substitute:

 “(9) The notice required by subregulation (6) must be:

• (a)

  legible; and

• (b)

  displayed in a conspicuous place in the aircraft.”.

4.2   Subregulation 246 (10):

Omit the subregulation, substitute:

 “(10) In this regulation:

‘Australian international carriage’ has the meaning given by subsection 27 (2) of the Act;

‘open-use charter aircraft’ means an aircraft that is engaged in a charter operation, except:

• (a)

  an aircraft that is engaged in an operation for the purpose of a service described in paragraph (c) of the definition of ‘charter operation’ in subsection 3 (1) of the Act; or

• (b)

  an aircraft that is chartered for the purpose of an operation for which tickets are not available for purchase by the general public;

‘prescribed aircraft’ means an aircraft that:

• (a)

  is a regular public transport aircraft, or an open-use charter aircraft; and

• (b)

  is engaged in:

  • (i)

    the carriage of passengers between airports in Australian territory; or

  • (ii)

    Australian international carriage (except the carriage of freight only).”.

5.   Part XVI (Accident and incident inquiry)

5.1   Omit the Part.

6.   Regulation 297P (Persons in lawful custody on an aircraft)

6.1   New subregulation 297P (5A):

After subregulation 297P (5), insert:

 “(5A) An authorisation under paragraph (5) (b):

• (a)

  must be in writing; and

• (b)

  is subject to any condition that:

  • (i)

    the Secretary considers is necessary in the interests of aviation security; and

  • (ii)

    is specified in the authorisation.”.

7.   Regulation 311D (Aircraft flying to or from Iraq—prohibition)

7.1   Subregulation 311D (7):

Omit “regulation 192.”, substitute “subsection 13A (1) of the Act.”.

8.   Regulation 311E (Aircraft flying to or from Libya—prohibition)

8.1   Subregulation 311E (4):

Omit “regulation 192.”, substitute “subsection 13A (1) of the Act.”.

9.   Regulation 311F (Aircraft flying to or from the Federal Republic of Yugoslavia (Serbia and Montenegro)—prohibition)

9.1   Subregulation 311F (5):

Omit “regulation 192.”, substitute “subsection 13A (1) of the Act.”.

10.   Regulation 320 (Evidence)

10.1   Subregulation 320 (1):

Omit the subregulation, substitute:

 “(1)The Director may certify, in writing, that:

• (a)

  a notification, report, or written report, under a provision of section 19BA of the Act has not been received by the Director; or

• (b)

  a written notice under a provision of section 19BC of the Act has not been received by the Director.

 “(1A) The Secretary may certify, in writing, that:

• (a)

  a licence, or other document, required to be surrendered to the Secretary under regulation 323 has not been so surrendered; or

• (b)

  a copy of the text of the Convention, or of an Annex to the Convention, that is annexed to the certificate is a true copy; or

• (c)

  a copy of a licence, notice, approval or other document that:

  • (i)

    has been published, given or issued, as the case may be, under the Act or these Regulations; and

  • (ii)

    is annexed to the certificate;

 is a true copy.”.

10.2   Subregulation 320 (2):

Omit “paragraph (1) (e),”, substitute “paragraph (1A) (c),”.

11.   Schedule 1A (Prohibition on smoking on international passenger services)

11.1   Omit the Schedule.

12.   Schedule 2 (Fees and charges)

12.1   Item 4:

Omit “under section 17 of the Act for approval under regulation 192 of”, substitute “under subsection 13A (1), or section 17, of the Act in relation to”.

12.2   Item 5:

Omit “or regulation 192 of”, substitute “in relation to”.

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NOTES

1. Notified in the Commonwealth of Australia Gazette on 20 June 1996.

2. Statutory Rules 1947 No. 112 as amended by 1947 No. 162; 1948 No. 69; 1949 Nos. 6 and 70; 1950 No. 69; 1952 Nos. 30, 46 and 87; 1953 No. 44; 1954 Nos. 26, 32 and 119; 1955 No. 29; 1956 No. 16; 1957 No. 12; 1958 No. 77; 1960 Nos. 21, 96 and 99; 1961 No.102; 1964 Nos. 61 and 128; 1965 No. 33; 1966 No. 5; 1967 No. 65; 1969 No.4; 1970 Nos. 21 and 214; 1971

NOTES—continued

 No. 31; 1972 No. 166; 1973 Nos. 182 and 247; 1974 Nos. 36, 54 and 96; 1975 No. 32; 1976 Nos. 67, 77, 11 and 124; 1977 No. 124; 1978 No. 140; 1980 Nos. 67, 106, 136, 187, 204, 247 and 269; 1981 Nos. 32, 77, 253 and 308; Act No. 76, 1981; Statutory Rules 1982 No. 270; 1983 Nos. 39, 149 and 202; 1984 Nos. 208 and 314; 1985 Nos. 203, 276, 300 and 329; 1986 Nos, 141, 284 and 357; 1987 Nos. 207 and 278; 1988 Nos. 159 and 378; 1989 No. 400; 1990 Nos. 255, 299 and 432; 1991 Nos. 74 and 193; 1992 Nos. 104, 153, 221 and 316; 1993 Nos. 265, 318 and 369; 1994 Nos. 148 and 384; 1995 Nos. 29, 342 and 443.