Air Navigation Regulations (Amendment) (Cth)
I, THE
GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of
the Federal Executive Council, hereby make the following Regulations under the
Dated 30 June 1988.
N. M. STEPHEN
Governor-General
By His Excellency’s Command,
Gareth Evans
Minister of State for Transport
and Communications
(a) by omitting subregulation (1) and substituting the following subregulation:
“(1) In these Regulations, unless the contrary intention appears:
‘aerodrome’ means an area of land or water (including any buildings, installations and equipment):
(a) established or provided as an aerodrome under Part IX; or
(S.R. 159/88)—Cat. No. 16/23.6.1988
(b) the use of which as an aerodrome is authorized under the Civil Aviation Regulations;
being such an area intended for use either wholly or in part for the arrival, departure or movement of aircraft;
‘Aeronautical Information Publications’ or ‘AIP’ means the publications published under section 18 of the
Civil Aviation Act 1988 ;‘aeroplane’ means a power-driven heavier-than-air aircraft deriving its lift in flight chiefly from aerodynamic reactions on surfaces remaining fixed under given conditions of flight;
‘aircraft component’ means:
(a) any part or equipment for an aircraft that, when fitted to, or provided in an aircraft may, if it is not sound or functioning correctly, affect the safety of the aircraft, its occupants or its cargo or cause the aircraft to become a danger to person or property; or
(b) flotation equipment, evacuation equipment, ration packs, portable breathing apparatus, fire-fighting equipment, or any other equipment or apparatus, fitted to, or provided in, an aircraft for use in an emergency;
but does not include any part, equipment or apparatus for an aircraft in respect of which a direction is in force under subregulation (1a);
‘aircraft material’ means a material (including a fluid) for use in the manufacture, maintenance, servicing or operation of an aircraft or of an aircraft component, but does not include an aircraft component;
‘airline’ means the operator of a regular public transport service;
‘Air Navigation Orders’ means orders issued by the Secretary in pursuance of regulation 8;
‘Air Traffic Control’ has the same meaning as in the Civil Aviation Regulations;
‘approved’ means approved by the Secretary;
‘Authority’ means the Civil Aviation Authority established under the
Civil Aviation Act 1988 ;‘authorized’ means authorized by the Secretary or by a person, or a person included in a class of persons, appointed by the Secretary to give the authority concerned;
‘authorized person’, for the purposes of a provision in which that expression occurs, means:
(a) a person appointed under regulation 9 to be an authorized person for the purposes of that first-mentioned provision; or
(b) a person included in a class of persons appointed under regulation 9 to be authorized persons for the purposes of that first-mentioned provision;
‘cargo’ means things other than passengers carried in aircraft;
‘charter aircraft’ means an aircraft employed in charter operations;
‘commercial operation’ means an air operation other than a private operation;
‘Commonwealth aircraft’ means an aircraft, other than a military aircraft, that is in the possession or under the control of the Commonwealth or an authority of the Commonwealth or is being used wholly or principally for a purpose of the Commonwealth;
‘constable’ has the same meaning
as in the
‘crew member’ means a person assigned by an operator for duty on an aircraft during flight time, and any reference to “crew” has a corresponding meaning;
‘Federal airport’ has the same meaning as in the
Federal Airports Corporation Act 1986 ;
‘flight’ means:
(a) in the case of a heavier-than-air aircraft, the operation of the aircraft from the moment at which the aircraft first moves under its own power for the purpose of taking-off until the moment at which it comes to rest after being airborne; and
(b) in the case of a lighter-than-air aircraft, the operation of the aircraft from the moment when it becomes detached from the surface of the earth or from a fixed object on the surface of the earth until the moment when it becomes again attached to the surface of the earth or a fixed object on the surface of the earth;
‘foreign aircraft’ means an aircraft registered:
(a) in a Contracting State or in a foreign country other than a Contracting State; or
(b) under a joint registration plan or an international registration plan;
‘grant’, in relation to a licence, means grant of the licence, either by way of initial issue or by renewal from time to time;
‘holder’, in relation to a licence granted or issued under these Regulations, means a person to whom the licence has been granted or issued;
‘licensed’ means licensed under these Regulations;
‘military aerodrome’ means an aerodrome under the control of any part of the Defence Force;
‘operator’ means a person, organisation, or enterprise engaged in, or offering to engage in, an aircraft operation;
‘private aircraft’ means an aircraft employed in private operations;
‘public transport service’ means a service for the carriage of persons or cargo for hire or reward;
‘regular public transport aircraft’ means an aircraft employed in regular public transport operations;
‘regular public transport service’ means a service consisting of regular public transport operations;
‘registered’ means registered under the Civil Aviation Regulations;
‘State’ includes the Northern Territory;
‘Territory’ does not include the Northern Territory;
‘the Act’ means the
‘the Convention’ means the Chicago Convention, as amended by the Protocols referred to in subsection 3a (2) of the Act and includes any Annex to the Convention relating to international standards and recommended practices (being an Annex adopted in accordance with the Convention) and the Air Transit Agreement;
‘the Council’ means the Council of the International Civil Aviation Organization.”;
(b) by omitting subregulations (2), (3) and (4) and substituting the following subregulation:
“(2) For the purposes of these Regulations, air transport shall be divided into the following classes of operations:
(a) private operations, being operations in which an aircraft is used for:
(i) the personal transportation of the owner of the aircraft;
(ii) aerial spotting where no remuneration is received by the pilot or the owner of the aircraft or by any person or organisation on whose behalf the spotting is conducted;
(iii) agricultural operations on land occupied by the owner of the aircraft;
(iv) aerial photography where no remuneration is received by the pilot or the owner of the aircraft or by any person or organization on whose behalf the photography is conducted;
(v) the carriage of persons or the carriage of goods without a charge for the carriage being made other than the carriage, for the purposes of trade, of goods being the property of the pilot, the owner or the hirer of the aircraft;
(vi) the carriage of goods otherwise than for the purposes of trade;
(vii) conversion training for the purpose of endorsement of an additional type or category of aircraft in a pilot licence; or
(viii) other operations of a character substantially similar to any of those specified in subparagraphs (i) to (vi) (inclusive);
(b) charter operations, being all air service operations in which aircraft are used:
(i) for the carriage of passengers or cargo for hire or reward to or from any place, but which are not conducted in accordance with fixed schedules to and from fixed terminals; or
(ii) for the carriage, in accordance with fixed schedules to and from fixed terminals, of passengers or cargo or passengers and cargo in circumstances in which the accommodation in the aircraft is not available for use by persons generally;
(c) regular public transport operations, being all service operations in which aircraft are available for the transport of persons generally, or for use by persons generally for the transport of cargo, for hire or reward and which are conducted in accordance with fixed schedules to and from fixed terminals over specific routes with or without intermediate stopping places between terminals.”;
(c) by omitting from subregulation (5) “aerial work aircraft,”;
(d) by omitting from subregulation (6) “except in regulation 14, 17, 29, 30, 32, 43, 49B, 49c or 49 K of these Regulations,”; and
(e) by omitting subregulations (7) and (9).
(a) by omitting paragraph (1) (e); and
(b) by omitting subregulations (4a), (4b) and (6).
(a) by omitting subregulation (1) and substituting the following subregulation:
“(1) The Minister may:
(a) establish, provide, maintain and operate aerodromes; and
(b) alter, abolish, remove or add to any aerodrome so established or provided.”; and
(b) by omitting from subregulation (2) “and air route and airway facilities”.
“89. The Secretary may, in relation to any aerodrome:
(a) established or provided under this Part;
(b) licensed or authorized under the Civil Aviation Regulations; or
(c) to which an arrangement under section 20 of the
Civil Aviation Act 1988 applies;
issue such directions as the Secretary considers necessary to ensure compliance with the standards, recommended practices and procedures adopted from time to time in pursuance of the Convention.”.
(a) by omitting from subregulation (1) “a regular public transport service” and substituting “an international air service to or from Australian territory”;
(b) by omitting from subregulation (2) “An airline shall not commence a new regular public transport service or alter the time-table of, or the intermediate stopping places on the route of, a regular public transport service” and substituting “An airline shall not commence a new international air service to or from Australian territory or alter the time-table of, or the immediate stopping places on the route of, an international air service”; and
(c) by omitting subregulations (4) and (5).
10. Regulation 107 of the Principal Regulations is amended:(a) by omitting subregulation (1) and substituting the following subregulation:
“(1) The owner of any aircraft shall furnish to the Secretary, or to an authorized officer, such statistical returns or other information relating to the aircraft, the mails, the passengers and the goods carried, other work performed by the aircraft and the journeys made by the aircraft as the Secretary from time to time directs.”; and
(b) by omitting from subregulation (2) “or any air route or airway facility”.
“191. (1) A person may apply to the Secretary for the issue of an international airline licence.
“(2) An applicant for a licence shall furnish such information as the Secretary reasonably requires for a proper consideration of the application.
“(3) Subject to the Act, the Secretary may issue an international airline licence to a person in relation to the operation of a specified scheduled international air service and may include in the licence such terms as the Secretary thinks fit.
“(4) An Australian aircraft shall not engage in regular public transport operations into or out of Australian territory except under the authority of, and in accordance with, an international airline licence issued by the Secretary.
“192. An Australian aircraft other than an aircraft engaged in a private or regular public transport operation shall not fly between a place in Australian territory and a place outside Australian territory, or between places outside Australian territory, except with the express approval of the Secretary and the Secretary may grant the approval subject to compliance with such instructions and conditions as he or she considers necessary or desirable in relation to that flight, or may refuse to approve the flight.
“193. A licence under this Division shall be in the approved form and, if the Secretary considers it convenient, he or she may grant to an international airline operating more than one service a licence in consolidated form in respect of those services.
“194. (1) Subject to these Regulations, a licence issued under this Division shall remain in force for such period not exceeding one year from the date of issue as is specified in the licence, and may, from time to time, be renewed by the Secretary for a further period not exceeding one year.
“(2) The Secretary may:
(a) refuse to renew a licence issued under this Division;
(b) renew such a licence upon terms (whether contained in the licence to be renewed or not); or
(c) vary at any time the terms upon which such a licence has been issued or renewed;
if the refusal, or the imposition of the terms as added or varied, as the case may be, would be within the Secretary’s powers in dealing with an application for the issue of a licence for the operations.
“195. The Secretary may cancel a licence granted to an Australian international airline or may suspend such a licence for such period as the Secretary thinks fit, if the holder of the licence or an aircraft operated under the licence has contravened a provision of the Act or these Regulations or the terms of the licence.
“196. (1) The holder of a licence granted under regulation 191 may enter into a contract or arrangement with another person under which that person may operate the service for which the licence is issued, if that contract or arrangement is approved by the Secretary.
“(2) The Secretary may give an approval for the purposes of subregulation (1) upon such conditions as the Secretary considers necessary or may refuse approval.
“197. A person shall not give any public notice, by newspaper advertisement, broadcast statement or any other means of public announcement, to the effect that a person is willing to undertake any operations referred to in this Division unless the last-mentioned person has obtained a licence authorizing the conduct of those operations.”.
“(1) The Secretary may, for the purposes of aviation security, authorize officers of the Department to undertake examinations, inspections or checks of the ground organisation provided by the operator of an aircraft for use by aircraft.”.
“312a. (1) Where a licence is suspended under these Regulations, the person to whom the licence was granted shall not, for the purposes of subregulation (1), be deemed to be the holder of the licence during the period of suspension.
“(2) A person shall not purport to give a licence or to issue a document, for the purposes of these Regulations, unless he or she is authorized under these Regulations to do so.”.
“315aa. (1) A person shall not discharge a firearm upon or over any part of an aerodrome.
“(2) An authorized person may, for a purpose relating to aviation security, discharge a firearm upon or over any part of a Federal airport.
“(3) Subregulation (1) does not apply to or in relation to a person who is:
(a) an officer or employee of the Department;
(b) a member of the Defence Force;
(c) a constable;
(d) an officer or employee of the Civil Aviation Authority acting in connection with the safety of air navigation;
(e) a person who is acting with the authority of a person referred to in paragraph (a), (b), (c) or (d); or
(f) where the aerodrome is an aerodrome in respect of which a licence has been issued under the Civil Aviation Regulations:
(i) the proprietor of the aerodrome;
(ii) a person who is acting with the authority of the proprietor; or
(iii) a person referred to in paragraph (a), (b), (c), (d) or (e).
“(4) A reference in this regulation to an aerodrome does not include a reference to a Federal airport.”.
“315b. (1) The Secretary may designate a part of an aerodrome established under regulation 82 to be an area for the parking of aircraft of a specified kind by means of signs, notices or markers placed about the area:
(a) that identify that area;
(b) that specify the kind of aircraft that may be parked in the area; and
(c) that specify the conditions (if any) subject to which aircraft of that kind may be parked in that area.
“(2) Where an aircraft has been left standing at such an aerodrome in contravention of the Civil Aviation Regulations, the Secretary may, by notice in writing served on a person who is a relevant person in relation to the aircraft, direct that person:
(a) to remove the aircraft from the aerodrome; or
(b) except in the case of a contravention of subregulation (7), to remove the aircraft to an area specified by the Secretary in the notice;
within such time as is specified in the notice,
“(3) A notice under subregulation (2) may be served:
(a) by leaving it with or tendering it to a relevant person;
(b) by posting it to a relevant person in a prepaid registered letter; or
(c) if a relevant person cannot be found or his or her address is not known, by affixing it to the aircraft to which it relates.
“(4) A relevant person shall comply with the directions contained in a notice served on him or her under this regulation.
“(5) Where a relevant person fails to comply with the directions contained in a notice served on the person under this regulation, the Secretary may authorize an officer, with such assistance (if any) as the officer requires, to carry out the directions contained in the notice.
“(6) Where an aircraft is left standing in contravention of this regulation for more than one day, the owner, operator and hirer are guilty of a separate contravention for each day on which the aircraft is so left standing.
“(7) An aircraft that is not certified as airworthy shall not, without the permission in writing of the Secretary, be left standing for a period exceeding 12 weeks in an area that the Secretary has, under subregulation (1), designated to be an area for the parking of aircraft of a kind to which that aircraft belongs.
“(8) In this regulation, “relevant person”, in relation to an aircraft means:
(a) the owner, operator, hirer or pilot in command of the aircraft; or
(b) a person apparently in charge of the aircraft at the time of the service of the notice on him or her.”.
(a) by omitting from paragraph (1) (e) “AIP, NOTAM, licence, certificate, permit, direction, authority, notice, order,” and substituting “licence, notice”;
(b) by omitting paragraphs (3) (b), (c) and (e);
(c) by omitting from paragraph (3) (d) “or air route or airway facility”;
(d) by omitting from paragraph (3) (f) “permit, direction, authority, notice, order” and substituting “notice”; and
(e) by omitting from paragraph (3) (g) “or certificate”.
(a) by omitting from subregulation (1) “and, in the case of a member of an operating crew, his log book”; and
(b) by omitting from subregulation (2) “any certificates, licences, log books, or other documents relating to the aircraft and, if it” and substituting “if the aircraft”.
(a) by omitting “certificate (wherever occurring) and substituting “other document”; and
(b) by omitting “certificates” (wherever occurring) and substituting “other documents”.
(a) by omitting subregulation (2) and substituting the following subregulation:
“(2) A reference in an item in the Schedule to a prescribed amount shall be read as a reference to an amount in dollars ascertained in accordance with the formula AB where:
A is 500; and
Β is the prescribed factor.”;
(b) by omitting subregulation (4);
(c) by omitting subregulation (5) and substituting the following subregulation:
“(5) Notwithstanding anything contained in these Regulations, a person is not entitled to the grant, issue, variation or renewal of a licence, permission or approval being a matter in respect of which a fee or charge is payable under subregulation (1), until that fee or charge has been paid.”;
(d) by omitting from paragraph (6) (b) “certificate, authority, authorization, exemption” and substituting “permission”;
(e) by omitting from the definition of “type A aircraft” in subregulation (7) “Secretary under sub-regulation 27 (2) or by an authorized person referred to in that sub-regulation” and substituting “Authority under the Civil Aviation Regulations or by an authorized person referred to in those Regulations”;
(f) by omitting from the definition of “type Β aircraft” in subregulation (7) “Secretary under sub-regulation 27 (2) or by an authorized person referred in that sub-regulation” and substituting “Authority under the Civil Aviation Regulations or by an authorized person referred to in those Regulations”;
(g) by omitting from the definition of “type C aircraft” in subregulation (7) “Secretary under sub-regulation 27 (2) or by an authorized person referred to in that sub-regulation” and substituting “Authority under the Civil Aviation Regulations or by an authorized person referred to in those Regulations”;
(h) by omitting from the definition of “type D aircraft” in subregulation (7) “Secretary under sub-regulation (7) 27 (2) or by an authorized person referred to in that sub-regulation” (wherever occurring) and substituting “Authority under the Civil Aviation Regulations or by an authorized person referred to in those Regulations”; and
(i) by omitting from the definition of “type E aircraft” in subregulation (7) “Secretary under sub-regulation 27 (2) or by an authorized person referred to in that sub-regulation” and substituting “Authority under the Civil Aviation Regulations or by an authorized person referred to in those Regulations”.
FEES AND CHARGES
Column 1 | Column 2 | Column 3 |
Item | Matter | Fee or charge |
$ | ||
1 | Issue of an international airline licence to a person who is an Australian, being a licence authorizing the person to conduct regular public transport operations............... | 200.00 plus the prescribed amount |
2 |
| 40.00 plus the prescribed amount |
3 |
| |
| 80.00 | |
| 35.00 | |
4 |
| 25.00 |
5 |
| 25.00 |
FURTHER AMENDMENTS OF THE AIR NAVIGATION REGULATIONS
Repeal regulations 83, 84, 85, 87, 88, 91, 108, 108a, 109, 111, 112, 112a, 113, 116, 117, 118a, 120, 120b, 121, 122, 123, 242, 243, 244, 244a, 245, 245a, 247, 248, 249, 250, 251, 252, 312ba, 313, 315a, 315Baa, 315ba, 316a, 317, 320a, 320b, 322, 326, 328, 329a, 330 and 331.
1. Notified
in the
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 No. 31; 1972 No. 166; 1973 Nos. 182 and 247; 1974 Nos. 36, 54 and 96; 1975 No. 32; 1976 Nos. 67, 77, 111 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; 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.
Printed by Authority by the Commonwealth Government Printer
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