Air Navigation Regulations (Amendment) (Cth)

STATUTORY RULES.

1939. No. 2.

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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 eleventh day of January, 1939.

(SGD.) GOWRIE.

Governor-General.

By His Excellency’s Command,

Forand on behalf of the Minister of State for Civil Aviation.

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Amendments of the Air Navigation Regulations. 

General amendments.

1. The Air Navigation Regulations are amended—

(a) by omitting the word “Board” (wherever occurring, except in regulations 5, 7 to 16 (inclusive), 22, 44, 114, 115, 117, 119 and 136, and except in rule 42 in the First Schedule) and inserting in its stead the word “Director-General”; and

(b) by omitting the word “Secretary” (wherever occurring, except in regulations 5, 11, 15, 114, 117 and 136) and inserting in its stead the word “Director-General”.

Parts.

2. Regulation 3 of the Air Navigation Regulations is amended by omitting the words “Civil Aviation Board” and inserting in their stead the words “The Director-General of Civil Aviation”.

Definitions.

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

(a) by omitting the word “Board” (first, second and third occurring) and inserting in its stead the word “Director-General”; and

(b) by omitting the definition of “the Board”;

(c) by inserting after the definition of “the Convention” the following definition:—

“ ‘the Director-General’ means the Director-General of Civil Aviation and includes any person holding office as Acting Director-General of Civil Aviation”;

 

* Notified in the Commonwealth Gazette on , 1939.

  Statutory Rules 1937, No. 81, as amended by Statutory Rules 1938, No. 104.

6733.—8/10.1.1939.—Price 3d.

 

(d) by omitting from the definition of “the Minister” the word “Defence” and inserting in its stead the words “Civil Aviation”; and

(e) by omitting the definition of “the Secretary”.

Delegation by Minister or Director-General.

4. Regulation 7 of the Air Navigation Regulations is amended—

(a) by omitting from sub-section (2.) the words “The Board may, by writing signed by the members of the Board, delegate any of its” and inserting in their stead the words “The Director-General may, by writing under his hand, delegate any of his”; and

(b) by omitting from sub-regulation (3.) the word “Board” and inserting in its stead the word “Director-General”.

5. Part II. of the Air Navigation Regulations is repealed and the following Part inserted in its stead:—

“Part II.—The Director-General of Civil Aviation.

Director-General of Civil Aviation.

“8.—(1.) There shall be a Director-General of Civil Aviation who shall, subject to the directions of the Minister, be charged with the administration of these Regulations, and shall exercise and perform the powers and functions conferred on the Director-General by these Regulations.

(2.) The Director-General shall maintain close liaison with the Air Board in matters of common interest.”.

Articles not to be dropped from aircraft.

6. Regulation 22 of the Air Navigation Regulations is amended—

(a) by omitting the word “Board” and inserting in its stead the word “Director-General”; and

(b) by omitting the word “it” and inserting in its stead the word “he”.

Conditions of certificates of airworthiness.

7. Regulation 44 of the Air Navigation Regulations is amended—

(a) by omitting the word “Board” (wherever occurring) and inserting in its stead the word “Director-General”; and

(b) by omitting from paragraph (b) of the proviso the word “it” and inserting in its stead the word “he”.

Suspension or cancellation of licences and certificates.

8. Regulation 114 of the Air Navigation Regulations is amended—

(a) by omitting the word “Board” (wherever occurring) and inserting in its stead the word “Director-General”;

(b) by omitting from sub-regulation (1.) the word “it” and inserting in its stead the word “he”; and

(c) by omitting sub-regulation (7.) and inserting in its stead the following sub-regulation:—

“(7.) The Director-General shall forthwith forward notice in writing of his decision to the holder of the licence or certificate.”.

 

Application for reference of suspension or cancellation to Appeal Board.

9. Regulation 115 of the Air Navigation Regulations is amended—

(a) by omitting the word “Board’s” and inserting in its stead the word “Director-General’s”; and

(b) by omitting paragraph (a) and inserting in its stead the following paragraph :—

“(a) the Director-General or an officer of the Department of Civil Aviation nominated by him (who shall act as Chairman);”.

Consideration of question of suspension or cancellation by Appeal Board.

10. Regulation 117 of the Air Navigation Regulations is amended—

(a) by omitting from sub-regulation (1.) the word “Secretary” and inserting in its stead the word “Director-General”;

(b) by omitting from sub-regulation (3.) the words “Civil Aviation Board” and inserting in its stead the word “Director-General”;

(c) by omitting from sub-regulation (3.) the words “that Board” and inserting in their stead the words “the Director-General”; and

(d) by omitting from sub-regulations (6.) and (7.) the words “the Board” (wherever occurring) and inserting in their stead the words “the Director-General”.

Liability for claims arising out of the cancellation or suspension of certificates.

11. Regulation 119 of the Air Navigation Regulations is amended—

(a) by omitting the word “Board” (first occurring) and inserting in its stead the word “Director-General”; and

(b) by omitting the words “by the Board”.

Proof of certificates and signatures in Court proceedings.

12. Regulation 136 of the Air Navigation Regulations is amended—

(a) by omitting from sub-regulation (1.) the word “Secretary” and inserting in its stead the word “Director-General”; and

(b) by omitting from sub-regulation (2.) the words “Secretary to the Civil Aviation Board” and inserting in their stead the words “Director-General”.

First Schedule, rule 42.

13. Rule 42 in the First Schedule to the Air Navigation Regulation is amended—

(a) by omitting front sub-rule (2.) the word “Board” and inserting in its stead the word “Director-General”; and

(b) by omitting from that sub-rule the word “Board’s” and inserting in its stead the word “Director-General’s”.

Continuation of certificates, licences etc.

14. Without prejudice to the effect of section 50 of the Acts Interpretation Act 1901-1937—

(a) all certificates, notices and licences issued under the Air Navigation Regulations and in force prior to the date of commencement of these Regulations shall, subject to the Air Navigation Regulations as amended by these Regulations, continue in force; and

(b) anything done, or purporting to have been done, by or in relation to the Civil Aviation Board, or by the Secretary to that Board, under the Air Navigation Regulations prior to the date of commencement of these Regulations, and any requirement made, or purporting to have been made, or direction or authority given, or purporting to have been given, by that Board under those Regulations prior to that date shall have full force and effect.

Continuation of provisions of Reg. 136.

15. The provisions of regulation 136 of the Air Navigation Regulations, as in force prior to the date of commencement of these Regulations, shall apply in relation to any certificate, notice or other document issued, made or given prior to that date and bearing the written, stamped or printed signature of the person who occupied the position Secretary to the Civil Aviation Board.

 

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