Air Navigation Regulations (Amendment)

Administered by Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts

Legislation au F1996B04330 Regulations Not in force Legislative Instrument

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NAVIGATION (AIR).

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AIR NAVIGATION REGULATIONS.

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Statutory Rules 1957, No. 12.(a)

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Interpretation.

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

(a) by omitting from the definition of “maintenance release” in sub-regulation (1.) the words “by a responsible person on an approved form” and inserting in their stead the words “on an approved form by a person licensed or approved for the purpose”; and

(b) by omitting from that sub-regulation the definition of “standard atmosphere”.

Air Navigation Orders.

2. Regulation 8 of the Air Navigation Regulations is amended by inserting in sub-regulation (1.), after the word “permission” (wherever occurring), the word “, approval”.

3. Regulation 16 of the Air Navigation Regulations is repealed and the following regulation inserted in its stead:—

Duration of Certificates.

“16. Subject to these Regulations, a certificate of registration remains in force for such period as is specified in the certificate and may, from time to time, be renewed by the Director-General.”.

Advertisements and owner’s marks.

4. Regulation 25a of the Air Navigation Regulations is amended by omitting sub-regulation (1.) and inserting in its stead the following sub-regulation:—

“(1.) An aircraft shall not bear on any part of its exterior surfaces an advertisement, sign or lettering—

(a) except as required or permitted by or under this Part; or

(b) except with the approval in writing of the Director-General.”.

Modification, repair or distribution of aircraft, aircraft components and items of equipment.

5. Regulation 38 of the Air Navigation Regulations is amended by inserting in sub-regulation (1.) after paragraph (b) the following paragraph:—

(ba) a person working under the supervision of a person who holds a licence referred to in paragraph (b) of this sub-regulation;”.

Equipment of Australian aircraft with radio apparatus.

6. Regulation 79 of the Air Navigation Regulations is amended by omitting sub-regulation (3.).

Designation of air routes and airways.

7. Regulation 83 of the Air Navigation Regulations is amended by omitting the words “Air Navigation Orders” and inserting in their stead the words “Aeronautical Information Publications”.

Licensing of aerodromes.

8. Regulation 84 of the Air Navigation Regulations is amended by omitting from sub-regulation (3.) the words “and every tariff so approved shall be notified in Air Navigation Orders”.

 

(a) Made under the Air Navigation Act 1920-1950 on 21st March, 1957; notified in the Gazette on 28th March, 1957.


Use of aerodromes, &c.

9. Regulation 89 of the Air Navigation Regulations is amended by inserting in sub-regulation (1.), after the word “land”, the word “at”.

Statistical returns.

10. Regulation 107 of the Air Navigation Regulations is amended—

(a) by inserting in sub-regulation (1.), after the words “the goods carried,”, the words “other work performed by the aircraft,”; and

(b) by omitting sub-regulation (3.) and inserting in its stead the following sub-regulation:—

“(3.) The Director-General or any other person shall not divulge or communicate any information furnished in pursuance of the last preceding sub-regulation which discloses particulars of the business or financial dealings or position of any person or organization whose name or title is stated in or can be inferred from the information divulged or communicated, except—

(a) in the course of duty to another person performing duties under these Regulations;

(b) with the consent of the airline or owner of the aircraft; or

(c) in pursuance of the next succeeding sub-regulation.”.

Director-General may specify forms to be completed by pilot and passengers of international aircraft.

11. Regulation 114a of the Air Navigation Regulations is amended by omitting from sub-regulation (1.) the words “Air Navigation Orders” and inserting in their stead the words “Aeronautical Information Publications”.

Danger areas.

12. Regulation 117a of the Air Navigation Regulations is amended—

(a) by omitting from paragraph (b) of sub-regulation (3.) the word “or”;

(b) by adding at the end of that sub-regulation the following paragraphs:—

“(d) require that a flight over that danger area shall not be conducted except in accordance with an authorization issued by an officer of a part of the Defence Force specified in the notification; or

(e) require an aircraft flying over that danger area to be equipped with such radio apparatus as he specifies in the notification.”.

Flying training areas.

13. Regulation 117b of the Air Navigation Regulations is amended by omitting from sub-regulation (2.) the words “low flying area” (wherever occurring) and inserting in their stead the words “flying training area”.

I.F.R. flight.

14. Regulation 154 of the Air Navigation Regulations is amended by omitting from sub-regulation (3.) the words “if passengers are not carried for hire or reward”.


Classification of operations.

15. Regulation 191 of the Air Navigation Regulations is amended—

(a) by omitting from sub-paragraph (vi) of paragraph (a) the word “or”;

(b) by omitting sub-paragraph (vii) of that paragraph and inserting in its stead the following sub-paragraphs:—

“(vii) conversion training for the purpose of endorsement of an additional type or category of aircraft in a pilot licence; or

(viii) other private operations of a character substantially similar to any of those specified in the preceding sub-paragraphs of this paragraph;”.

Flight check system.

16. Regulation 224 of the Air Navigation Regulations is amended by inserting after sub-regulation (1.) the following sub-regulation:—

“(1a.) A flight check system shall be subject to the prior approval of the Director-General, and the Director-General may at any time require the system to be revised in such manner as he specifies.”.

Tests immediately before taking off.

17. Regulation 237 of the Air Navigation Regulations is amended by omitting from paragraph (b) of sub-regulation (1.) the word “that” (first occurring).

Suspension pending further investigation.

18. Regulation 265 of the Air Navigation Regulations is amended by inserting in paragraph (a) of sub-regulation (2.), after the words “is satisfied that”, the words “there is a prima facie case that”.

19. After regulation 315b of the Air Navigation Regulations the following regulation is inserted:—

Removal of aircraft from movement area.

“315ba.—(1.) Where, in the opinion of the Director-General, it is necessary, in the interests of safety or to expedite or maintain an orderly flow of air traffic, to remove an aircraft from the movement area of an aerodrome, the Director-General may authorize an officer, with such assistance, if any, as he requires, to remove the aircraft from the movement area, and the officer shall remove the aircraft accordingly.

“(2.) The Director-General or a person who assists in the removal of an aircraft under the last preceding sub-regulation shall not be liable for any damage which occurs to the aircraft by reason of its removal in pursuance of an authorization given under that sub-regulation.”.

Parking of vehicles within precincts of an aerodrome.

20. Regulation 315c of the Air Navigation Regulations is amended—

(a) by omitting sub-regulations (1.) and (2.) and inserting in their stead the following sub-regulations:—

“(1.) The Director-General may designate areas within the precincts of an aerodrome as areas in which vehicles or vehicles included in a particular class of vehicles may be left standing and may—

(a) specify that an area so designated is an area in which a vehicle may be left standing without any limitation as to the length of time during which a vehicle may be left standing in the area;


(b) specify that an area so designated is an area in which a vehicle may be left standing only for a length of time not exceeding a specified length of time; or

(c) specify that an area so designated is an area in which a vehicle may be left standing only upon payment of such a charge as the Director-General determines to be the charge for leaving a vehicle standing in that area.

“(1a). A charge determined by the Director-General for the purpose of paragraph (c) of the last preceding regulation shall not exceed a charge of Two shillings for each hour or part of an hour during which a vehicle is left standing in the area.

“(2.) Where the Director-General designates an area under sub-regulation (1.) of this regulation, he shall, by such signs and notices placed about the area as he considers necessary, indicate—

(a) the area and its boundaries;

(b) the vehicles which may be left standing in the area;

(c) the length of time during which a vehicle may be left standing in the area; and

(d) if the area is an area in which a vehicle may be left standing only upon payment of a charge for leaving the vehicle standing in the area, the charge to be paid for leaving the vehicle standing in the area.”;

(b) by inserting, after sub-regulation (4.), the following sub-regulation:—

“(4a.) A person shall not leave a vehicle standing in an area which the Director-General has specified to be an area in which a vehicle may be left standing only upon payment of such a charge as is determined by the Director-General unless he has paid the charge so determined.”; and

(c) by omitting sub-regulation (9.) and inserting in its stead the following sub-regulation:—

“(9.) In this regulation, ‘aerodrome’ means an aerodrome—

(a) provided, maintained or operated under regulation 82 of these Regulations; or

(b) used in pursuance of arrangements made under regulation 86 of these Regulations.”.

Restrictions on issue of licences, &c

21. Regulation 322 of the Air Navigation Regulations is amended by omitting the words “of registration”.


NAVIGATION (SEA).

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Page.

Lighthouses and Light Dues Regulations.............................

233

Navigation (Courts of Marine Inquiry) Regulations.......................

233

Navigation (Dangerous Goods) Regulations...........................

235

Navigation (Limited Coast-Trade Voyages) Regulations...................

236

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Overview

The Air Navigation Regulations, enacted in 1957 under the Air Navigation Act 1920-1950, were introduced to address the need for comprehensive and up-to-date regulations governing air navigation in Australia. These regulations were developed and enacted by the relevant federal legislature to ensure the safety, efficiency, and orderly flow of air traffic, while also addressing gaps in existing laws. The policy objective of these regulations is to provide a clear and enforceable framework for the registration, operation, and maintenance of aircraft, as well as the licensing and oversight of personnel involved in the aviation industry. This includes the regulation of aerodromes, the classification of operations, and the establishment of procedures for dealing with dangerous goods and other safety concerns.

Scope and Application

The Air Navigation Regulations, made under the Air Navigation Act 1920-1950, apply to the regulation of air navigation within Australia. These regulations govern various aspects of aviation, including maintenance, certification, advertising, and the operation of aircraft and aerodromes. They apply to aircraft, pilots, maintenance personnel, and other entities involved in air navigation, imposing standards and requirements for safety, equipment, and operation. The regulations cover the entire Australian jurisdiction, ensuring compliance with national aviation standards. Certain exclusions and exemptions may apply, but generally, all commercial and private aircraft operating within Australia must adhere to these regulations. The scope of the regulations can be extended or restricted through subordinate instruments issued by the Director-General, allowing for updates and specific provisions as necessary.

Key Provisions

The Air Navigation Regulations, as amended by Statutory Rules 1957, No. 12, include a series of significant changes that primarily affect the maintenance, registration, and operation of aircraft within Australian airspace. Regulation 5, for example, modifies the definition of "maintenance release" to specify that such releases must be made by a person licensed or approved for the purpose, on an approved form (Section 1(a)). Regulation 8 further amends the requirements for obtaining permission or approval for certain aviation activities by inserting the word "approval" after "permission" (Section 2). Additionally, Regulation 16 replaces the previous regulation regarding the duration of certificates with a new stipulation that a certificate of registration remains in force for the period specified in the certificate and may be renewed by the Director-General (Section 3). The amended regulations impose specific obligations on the parties and entities they govern. For instance, Regulation 25a restricts the placement of advertisements, signs, or lettering on the exterior surfaces of aircraft, except as permitted by the Act or with written approval from the Director-General (Section 4). Similarly, Regulation 38 expands the definition of who can perform modifications, repairs, or distribution of aircraft components under the supervision of a licensed individual (Section 5). Moreover, Regulation 107 requires the collection of statistical returns that now include other work performed by the aircraft, with strict confidentiality provisions protecting the business and financial details of airlines and aircraft owners (Section 10). Breach of these regulations can result in various consequences. For instance, operating an aircraft with unauthorised advertisements, signs, or lettering may be subject to civil penalties, as outlined in the regulations. Additionally, failure to comply with requirements for maintenance releases, certificate renewals, or statistical reporting can lead to enforcement actions by the Director-General. While specific maximum penalties are not detailed in the text, they are typically found in related sections of the Air Navigation Act and other relevant legislation. The consequences can range from fines to suspension or revocation of licences, depending on the severity and nature of the breach.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.