Air Navigation Regulations (Amendment) (Cth)
STATUTORY RULES.
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 seventh day of August, 1940.
GOWRIE
Govornor-General.
By His Excellency’s Command,
G. A. STREET
for Minister of State for Civil Aviation.
AMENDMENTS OF THE AIR NAVIGATION REGULATIONS
“Part X.—Air Courts of Inquiry.
“93. In this Part, unless the contrary intention appears—
‘accident’ means an accident occurring to an aircraft to which these Regulations apply between the time when the engine of the aircraft is started or the pilot takes his seat and the time when the aircraft and its engine are brought to rest;
(
(
(
‘aviation officer’, in relation to an aircraft to which these Regulations apply, means any member of the operating crew of the aircraft and includes any person whose duties are connected with the operation, maintenance or care of the aircraft or the operation, maintenance or care of facilities for the taking-off, landing or housing of the aircraft or for the maintenance of communication with the aircraft;
‘Court’ means an Air Court of Inquiry established under this Part;
‘forced landing’ means any landing made by an aircraft to which these Regulations apply (including a landing on an aerodrome) which is rendered necessary through the failure or partial failure during flight of any part of the aircraft, including the engine, or through insufficiency of fuel;
‘the Judge’ means a Justice or Judge appointed to constitute an Air Court of Inquiry; and
‘the Registrar’ includes the Deputy Registrar appointed under these Regulations.
“94.—(1.) In the case of an accident or forced lauding which occurs in Australian territory, and involves death or serious injury to any person or major damage to an aircraft, the owner, hirer or pilot shall forthwith send notice of the accident or forced landing to the Director-General by telegram.
(2.) In the case of any other accident or forced landing, which occurs in Australian territory, or any accident or forced landing involving an Australian aircraft which occurs outside Australian territory, the owner, hirer or pilot of the aircraft shall forthwith send notice in writing to the Director-General.
(3.) The Director-General shall, on receipt of notice of the accident or forced landing, report it to the Minister.
(4.) The notice required to be sent to the Director-General under this regulation shall state—
(
a ) the nationality and registration marks of the aircraft;(
b ) the name of the owner and hirer (if any) of the aircraft;(
c ) the name of the pilot of the aircraft;(
d ) the place where the accident or forced landing occurred;(
e ) the date and time when the accident or forced landing occurred;(
f ) the nature and apparent cause of the accident or forced landing;(
g )whether death or serious injury was caused by the accident or forced landing, and if so, to whom; and(
h ) the nature and extent of the damage to the aircraft.
“95. Where an accident or forced landing occurs in Australian territory, and involves death or serious injury to any person carried in the aircraft—
(
a ) the aircraft shall not, except under the authority of the Director-General, be removed or otherwise interfered with, until the expiration of three days after notice of the accident or forced landing has been given in accordance with this Part, and the Director-General may
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in any particular case direct that it shall not be removed or otherwise interfered with until the expiration of such longer period as the Director-General specifies:
Provided that—
(i) the aircraft or any parts thereof may be removed or interfered with so far as is necessary for the purpose of extricating persons or animals involved, removing any mails carried by the aircraft, preventing destruction by fire or other cause, or preventing any danger or obstruction to the public;
(ii) if an aircraft is wrecked on the water, the aircraft and its contents may be removed to a place of safety;
(iii) goods or baggage may be removed from the aircraft under the supervision of a member of the Police Force of the Commonwealth or of a State or Territory of the Commonwealth, but, in the case of an aircraft which has come from a place outside Australian territory the goods or baggage shall not be removed from the vicinity of the aircraft except on clearance by or with the consent of an officer of Customs;
(
b )the Director-General may authorize any person, so far as is necessary for the purpose of any inquiry under this Part, to take measures for the preservation of the aircraft and to have access to, examine, remove or otherwise deal with the aircraft.
“96.—(1.) The Governor-General may, by Proclamation, establish such Air Courts of Inquiry as he thinks fit.
(2.) The Governor-General may, by Proclamation, revoke the establishment of any Air Court of Inquiry.
“97. An Air Court of Inquiry shall be constituted by such Justice or Judge of any Federal or State Court or Court of a Territory as the Governor-General may appoint to constitute that Court.
“98.—(1.) The Governor-General may appoint two assessors to assist and advise a Court for the purpose of any inquiry under these Regulations but assessors so appointed shall have no power of adjudication.
(2.) One of the assessors so appointed shall be an air-line pilot of wide and recent experience and the other shall be an officer of the Department of Civil Aviation.
(3.) The Attorney-General may appoint persons to be the Registrar and Deputy Registrar, respectively, of a Court and may appoint such other officers of a Court as he thinks fit.
(4.) The Registrar, Deputy Registrar and other officers of a Court shall have such powers and perform such duties as are prescribed or as the Judge directs.
(5.) Every person appointed in pursuance of this regulation (not being a person employed in the service of the Commonwealth or of a Territory of the Commonwealth or of a public institution or
authority of the Commonwealth) shall, for every day or portion of a day during which he is in attendance on or is assisting a Court, and for travelling expenses, be paid such sum as the Governor-General directs.
“99. Sittings of a Court shall be held at such places as the Judge thinks fit.
“100. A Court shall have jurisdiction, to make any inquiry referred to it by the Minister concerning—
(
a )any accident to, or forced landing by, an aircraft, and as to any charge of incompetency or misconduct on the part of any aviation officer where—(i) the accident or forced landing occurs in Australian territory;
(ii) the accident or forced landing occurs in any part of the world to an aircraft registered in Australia; or
(iii) the incompetency or misconduct occurs in Australian territory or on board an aircraft registered in Australia;
(
b )any aircraft which is lost or supposed to have been lost, where any evidence is obtainable in Australian territory as to the circumstances under which it commenced the flight during which it was lost or supposed to have been lost or was last heard of; or(
c ) any aviation officer holding a licence or certificate of competency issued or recognized under these Regulations where it appears to the Minister, on a report made in consequence of a medical examination made under these Regulations, that the officer is incompetent by reason of his unfitness to perform the duties ordinarily required of an aviation officer.
“101. Where any accident or forced landing to which the last preceding regulation applies causes loss of life or serious injury, a Court shall have jurisdiction and shall make an inquiry into that accident or forced landing unless the Minister otherwise directs.
“102. Where a Court finds that any aviation officer is incompetent or has been guilty of any gross act of misconduct or that he has failed in the performance of his duty, the Court may cancel or suspend the licence or certificate of the officer.
“103. A licence or certificate shall not be cancelled or suspended by a Court unless a copy of the charge against the holder of the licence or certificate has been served upon him at least forty-eight hours before the commencement of the inquiry into that charge.
“104. An aviation officer whose licence or certificate is cancelled or suspended by a Court shall deliver his licence or certificate to the Court on demand or, if not so demanded, to the Director-General or as the Director-General directs.
Penalty: One hundred pounds.
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“105. An aviation officer affected by any inquiry being made by a Court shall, when ordered so to do by the Court, forthwith deliver up his licence or certificate to the Court.
Penalty: One hundred pounds.
“106. A Court shall, as soon as conveniently may be after the holding of an inquiry, forward its findings to the Governor-General, together with notes of the evidence taken.
“106a. Notwithstanding that an inquiry has been concluded and that the Court has forwarded its findings to the Governor-General, the Court shall have jurisdiction to re-open the inquiry or any part thereof if requested by the Minister so to do.
“106b.—(1.) Subject to the next succeeding sub-regulation, every inquiry under this Part shall be held in open Court.
(2.) If the Court is of the opinion
that special reasons exist which make it desirable that the inquiry or any part
thereof ought not to be held in public it may order that the inquiry or part
shall not be held in public and the inquiry or part shall thereupon be held
“106c. For the purposes of any inquiry under this Part a Court shall have the right of access to any aircraft establishment or any other place whatsoever and to the examination of any aircraft, equipment or process in such establishment or place.
“106d. A Court may generally or, in any particular case, give such directions as to the practice or procedure to be followed as it thinks proper.
“106e. The Judge or the Registrar of a Court may, by writing under his hand, summon any person to attend the Court at a time and place named in the summons, and then and there to give evidence and to produce any books, documents or writings in his custody or control which he is required by the summons to produce.
“106f. A Court may inspect any books, documents or writings before it, and may retain them for such reasonable period as it thinks fit, and may make copies of such matter as is relevant to the inquiry or take extracts from them.
“106g. A Court may administer an oath to any person appearing before the Court as a witness, whether the person has been summoned or appears without being summoned, and may examine the witness on oath.
“106h.—(1.) Where any witness to be examined before a Court conscientiously objects to take an oath, he may make an affirmation instead of taking an oath.
(2.) An affirmation so made shall be of the same force and effect, and shall entail the same liabilities, as an oath.
“106j. a person who has been lawfuly summoned to attend a Court to give evidence or produce books, documents or writings, and who has been tendered reasonable expenses, shall not, without just excuse—
(
a )fail to appear in obedience to a summons and to continue in attendance from day to day unless excused by the Court or until he is released from further attendance by the Court;
(
b ) refuse to be sworn or to make an affirmation as a witness;(
c ) fail to answer any question which he is lawfully required by the Court to answer; or(
d )fail to produce any books, documents or writings which he is lawfully required by the Court to produce.
Penalty: Twenty pounds or imprisonment for three months or both.
“106k. Any person against whom any charge is made or who, in the opinion of a Court, was concerned in the accident or forced landing into which the Court is inquiring or is or may be aggrieved by the accident, forced landing or inquiry, may appear before the Court or be represented before the Court by any barrister or solicitor.
“106l. Any barrister or solicitor appointed by the Attorney-General to assist a Court and any person, barrister or solicitor permitted to appear before a Court, may, so far as the Court thinks proper, examine or cross-examine any witness on oath in relation to any matter which the Court deems relevant to the inquiry, and any witness so examined or cross-examined shall have the same protection and be subject to the same liabilities as if examined by the Court.
“106m.—(1.) A Judge shall, in exercise of his duties under this Part, have the same protection and immunity as a Justice of the High Court.
(2.) Every witness before an Air Court of Inquiry shall have the same protection, and shall be subject to the same liabilities in any civil or criminal proceeding, as a witness in any case tried in the High Court.
“106n. A statement or disclosure made by any witness in answer toany question put to him in pursuance of this Part shall not (except in proceedings for an offence against these Regulations) be admissible in evidence against him in any civil or criminal proceedings whatsoever.
“106o
Penalty: Twenty pounds or imprisonment for three months or both.
“106p. A summons or any other document required to be served under this Part may be served either personally on the person to be served or by prepaid registered letter addressed to the person at his last known place of abode or business, or by leaving it at his last known place of abode or business with some other person apparently an inmate thereof and apparently not less than sixteen years of age, or in any other manner which the Court directs.
“106q. a witness summoned to attend before a Court shall be allowed fees in accordance with the scales of fees allowed by the Supreme Court of the State or Territory in which the witness is required to attend or, in special circumstances, such fees as the Court orders.”.
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(2.) Any such officer may—
(
a ) summon any person as a witness at any such investigation;(
b ) take evidence on oath or affirmation; and(
c ) require the production of documents.
(3.) A person summoned as a witness at any such investigation who—
(
a ) disobeys the summons;(
b ) refuses to be sworn or to make an affirmation as a witness;(
c ) fails to answer any question which he is lawfully required by any such officer to answer; or(
d ) refuses or fails to produce any document he may be required to produce,
shall be guilty of an offence.
Penalty: Twenty pounds.
(4.) Upon concluding the investigation, the officer or officers so authorized shall forward a report on the investigation in writing to the Director-General covering the whole of the investigation, and shall forward with the report all signed statements or other documents which have come into his or their possession in the course of the investigation.”.
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