STATUTORY RULES.
1927. No. 47.
REGULATIONS UNDER THE AIR NAVIGATION ACT 1920.
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, to come into operation forthwith.
Dated this twenty-sixth day of May, 1927.
STONEHAVEN,
Governor-General.
By His Excellency’s Command,
T. W. GLASGOW,
Minister of State for Defence.
Air Accidents Investigation Committee.
1. (1) For the purpose of investigating accidents in relation to aircraft, there shall be an Air Accidents Investigation Committee consisting of a Chairman and four members to be appointed by the Minister for Defence.
(2) The Chairman shall receive such remuneration, not exceeding Five hundred pounds per annum, as is fixed by the Minister.
2. (1) All accidents arising out of Air Navigation and involving injury to personnel or damage to aircraft, and all forced landings, shall be reported to the Minister by the prescribed persons in the prescribed manner.
(2) The Minister may require any officer of his Department to furnish to him a report in relation to any such accident or forced landing occurring before the commencement of these Regulations.
(3) The Minister shall forward to the Committee each report received by him in pursuance of this regulation.
3. The Committee shall investigate each accident reported to it which it deems advisable to investigate, with a view to determining the cause of the accident, and recommending to the Minister such action as the Committee considers should be taken to prevent recurrence.
4. For the purpose of the investigation of accidents, the Committee may by writing under the hand of the Chairman of the Committee summon any person to attend before the Committee 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 winch he is required by the summons to produce.
5. If any person served with a summons to attend before the Committee, whether the summons is served personally or by being left at his usual place of abode, fails without reasonable excuse to attend before the Committee, he shall be guilty of an offence.
Penalty, £50.
6. If any person appearing as a witness before the Committee refuses to be sworn or to make an affirmation or to answer any question relevant to the inquiry put to him by any member of the Committee, or refuse to produce any documents, books, or writings relevant to the inquiry, he shall be guilty of an offence.
Penalty, £5.
7. (1) For the purpose of the investigation of accidents, the Committee shall have the right of access to any aircraft establishment, and of examination of any aircraft, equipment or process in that establishment.
(2) Any person who hinders or obstructs any member of the Committee in the exercise of any powers conferred by sub-regulation (1) of this regulation shall be guilty of an offence.
Penalty, £50.
Printed and Published for the Government of the Commonwealth of Australia by H. J. Green, Government Printer for the State of Victoria.
Overview
The Statutory Rules of 1927, Number 47, titled "Regulations Under the Air Navigation Act 1920," were enacted to establish a formal process for investigating air accidents in Australia. These regulations were introduced to address the need for a systematic approach to investigating accidents involving aircraft, ensuring that the causes are thoroughly examined and appropriate measures are recommended to prevent future incidents. The regulations were made under the authority of the Air Navigation Act 1920 by the Governor-General in Council, with the objective of ensuring safety and accountability in the rapidly growing field of aviation. The Air Accidents Investigation Committee, established under these regulations, was tasked with investigating accidents and forced landings, thereby contributing to the overarching goal of enhancing air safety through meticulous inquiry and recommendations.
Scope and Application
The Air Navigation Act 1920 Regulations establish a framework for the investigation of accidents involving aircraft, focusing on ensuring safety and preventing future incidents. This legislative instrument applies to all accidents arising from air navigation that result in injury to personnel or damage to aircraft, as well as all forced landings. It mandates that these incidents be reported to the Minister by designated individuals in the prescribed manner, with the Minister then forwarding these reports to an Air Accidents Investigation Committee. The Committee, composed of a Chairman and four members appointed by the Minister for Defence, is tasked with investigating reported accidents to determine their causes and recommend preventive measures to the Minister. The Committee has the authority to summon individuals and compel the production of documents, and it may access aircraft establishments to examine relevant equipment or processes. Failure to comply with a summons or to provide testimony or documents when requested is an offence, with penalties of up to £50 for non-attendance and £5 for refusal to cooperate during an investigation. The jurisdictional reach of these regulations is national, applying throughout the Commonwealth of Australia.
Key Provisions
The statutory rules introduced under the Air Navigation Act 1920, specifically in Statutory Rules 1927 No. 47, establish an Air Accidents Investigation Committee, which is tasked with investigating aircraft accidents to determine their causes and recommend actions to prevent future occurrences. This committee, composed of a Chairman and four members appointed by the Minister for Defence, is set up in section 1. Section 2 outlines the requirement for all accidents related to air navigation, including those causing injury or damage, and forced landings, to be reported to the Minister by designated individuals in a prescribed manner. The Minister, in turn, is mandated to forward these reports to the Committee for investigation, as detailed in section 3. The Committee is empowered to summon witnesses, requiring them to attend and provide evidence and documents pertinent to the investigation, as stated in section 4.
The obligations imposed by these regulations extend to the timely reporting of accidents by the prescribed persons and the forwarding of such reports by the Minister to the Committee. Additionally, section 4 places a duty on the Committee to investigate accidents deemed necessary, aiming to ascertain their causes and recommend preventative measures. Section 5 mandates that any person served with a summons to attend before the Committee must do so without reasonable excuse, under penalty of an offence and a fine of £50. Furthermore, section 6 stipulates that witnesses appearing before the Committee must comply with requests to be sworn, answer questions, and produce relevant documents, with refusal to do so constituting an offence with a penalty of £5.
The regulations also delineate the consequences for breaches, as outlined in sections 5, 6, and 7. Section 5 penalises individuals who fail to attend before the Committee upon summons with an offence and a fine of £50. Similarly, section 6 imposes a £5 fine for refusal to comply with the Committee's requests to be sworn, answer questions, or produce documents. Moreover, section 7 not only grants the Committee access to aircraft establishments and the right to examine aircraft, equipment, or processes but also criminalises any obstruction of the Committee's duties by individuals, with an offence and a fine of £50.