Air Navigation Regulations (Amendment)

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

Legislation au F1996B00078 Regulations Not in force Legislative Instrument

Legislation content

STATUTORY RULES.

1947. No. 162.

 

REGULATIONS UNDER THE AIR NAVIGATION ACT 1920-1947.*

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 1920-1947.

Dated this twenty-eighth day of November, 1947.

W. J. McKELL

Governor-General.

By His Excellency’s Command,

ARTHUR S. DRAKEFORD

Minister of State for Civil Aviation.

 

Amendments of the Air Navigation Regulations.†

Application of Regulations.

1. Regulation 6 of the Air Navigation Regulations is amended by inserting in sub-regulation (2.), after the words “provisions of” (first occurring), the words “regulations 104, 106 and 107 and the provisions of”.

Use of aerodromes, &c.

2. Regulation 89 of the Air Navigation Regulations is amended by omitting from sub-regulation (1.) the words “use any place as an aerodrome” and inserting in their stead the words “land at or take-off from any place”.

3. Regulation 106 of the Air Navigation Regulations is repealed and the following regulation inserted in its stead:—

Fares and freights.

“106.—(1.) The owner of an aircraft engaged in a public transport service which uses any aerodrome or any air route or airway facility maintained and operated by the Commonwealth shall, in respect of each such service, furnish to the Minister his tariff of charges for the carriage of persons or cargo on the aircraft.

“(2.) The Minister may—

(a) approve any tariff of charges submitted or deemed to have been submitted under this regulation;

(b) approve any such tariff subject to such variations as he directs; or

(c) reject any such tariff and direct the adoption in its stead of such tariff as he considers fair and reasonable for the service provided.

 

* Notified in the Commonwealth Gazette on 28th November, 1947.

† Statutory Rules 1947, No. 112.

7522.—Price 3d.


“(3.) Any tariff of charges for the carriage of persons or cargo on aircraft engaged in a public transport service submitted by the owner of the aircraft and any approval given by the Minister under the provisions of these Regulations which were in force immediately prior to the commencement of this regulation shall be deemed to have been submitted or approved, as the case may be, under this regulation.

“(4.) On the application of the owner of the aircraft concerned, the Minister may approve of any variation of a tariff of charges approved, or deemed to have been approved, or directed to be adopted under this regulation.

“(5.) Where the Minister considers the circumstances of the case so warrant, the Minister may withdraw at any time an approval given, or deemed to have been given, or a direction given, under this regulation and may direct the owner of the aircraft concerned to adopt such tariff of charges as the Minister specifies.

“(6.) If the owner of an aircraft engaged in any particular public transport service which uses any aerodrome or any air route or airway facility maintained and operated by the Commonwealth—

(a) refuses, or fails within such reasonable time as is fixed by the Minister and notified to the owner of the aircraft, to furnish his tariff of charges in accordance with sub-regulation (1.) of this regulation; or

(b) charges, demands, collects or receives, or advertises that he will charge, any greater or less amount than the appropriate amount contained in a tariff of charges approved or deemed to have been approved, or directed to be adopted, or in any other particular refuses or fails to comply with an approval given, or deemed to have boon given, or a direction given, under this regulation,

the Minister may direct that the aerodrome or facility shall not be open to, or available for use by, the aircraft of that owner on that particular service for the period during which the refusal or failure continues, and during that period the aircraft shall not enter upon or use the aerodrome or facility in the course of carrying persons or cargo and the aerodrome or facility shall not be deemed to be available for the purpose of a licence under Division 1 of Part XIII. of these Regulations.

“(7.) The owner of an aircraft who has paid any charges payable under regulation 104 of these Regulations in respect of the use of any aerodrome or any air route or airway facility for any period during which he is denied the use of the aerodrome or facility under the last preceding sub-regulation shall be entitled to a refund of such portion of the charges paid as relates to the period for which the use of the aerodrome or facility is denied.

“(8.) The provisions of this regulation shall be in addition to and not in derogation of any other provisions of these Regulations and shall not be deemed to affect any proceedings which may be taken under any other law in respect of unlawful or unauthorized entry upon or use of Commonwealth property.”.

Dropping of articles.

4. Regulation 126 of the Air Navigation Regulations is amended by omitting from sub-regulation (1.) the words “which might create hazard to persons or property on the ground or water”.


Aerodromes at which Aerodrome Control is operating.

5. Regulation 144 of the Air Navigation Regulations is amended by inserting in paragraph (a), after the words “aerodrome control”, the words “and approach control”.

Conditions of issue of certain licences.

6. Regulation 199 of the Air Navigation Regulations is amended by adding at the end of sub-regulation (2.) the following proviso:—

“Provided that the Director-General may impose a further condition that aircraft engaged in the service shall not take on or discharge passengers or cargo in a Territory of the Commonwealth.”.

Duration, renewal and review of licences.

7. Regulation 200 of the Air Navigation Regulations is amended by adding at the end thereof the following sub-regulation:—

“(2.) The Director-General may—

(a) refuse to renew a licence issued under this Division;

(b) renew such a licence upon conditions (whether contained in the licence to be renewed or not); or

(c) vary at any time the conditions upon which a licence has been issued or renewed,

if the refusal, or the imposition of the conditions as added or varied, as the case may be, would have been within his powers in dealing with the application for the issue of the licence.”.

Listening watch.

8. Regulation 234 of the Air Navigation Regulations is amended by inserting in sub-regulation (2.), after the words “appropriate aerodrome control”, the words “and approach control”.

 

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

Overview

The Statutory Rules 1947 No. 162, titled "Regulations Under the Air Navigation Act 1920-1947," were enacted on 28th November 1947 by the Governor-General in accordance with the Federal Executive Council’s advice. This legislative instrument aimed to amend existing regulations under the Air Navigation Act 1920-1947, addressing various operational and regulatory aspects of civil aviation to ensure safety, efficiency, and compliance within Australia's airspace. The policy objective was to provide a structured framework for the management of air navigation services, including the oversight of aerodrome operations, the regulation of air transport services, and the establishment of procedural guidelines for the use of Commonwealth-maintained aerodromes and air routes. The regulations introduced by this statutory instrument are intended to support the overarching goals of the Air Navigation Act, focusing on the safe and orderly flow of air traffic and the protection of public interests in civil aviation.

Scope and Application

The Air Navigation Regulations, amended by Statutory Rules 1947, No. 162, apply to aircraft owners who operate public transport services that use any aerodrome or any air route or airway facility maintained and operated by the Commonwealth. These Regulations establish procedures for the submission and approval of tariffs for the carriage of persons or cargo on aircraft engaged in public transport services. They also set out the circumstances under which aerodromes or facilities may be denied to aircraft owners who fail to comply with the tariff regulations. The Regulations are applicable nationwide within the Commonwealth of Australia, and their provisions are enforceable by the Minister under the authority of the Air Navigation Act 1920-1947. No specific exclusions, exemptions, or thresholds are mentioned in these amendments, but they extend the application of the existing regulatory framework to ensure compliance with the approved tariffs and operational conditions for public transport services using Commonwealth-maintained aerodromes and air routes. The Regulations also incorporate certain conditions for the issue, renewal, and review of licences, providing the Director-General with the authority to impose, refuse, or vary conditions as necessary.

Key Provisions

The Regulations under the Air Navigation Act 1920-1947 primarily concern amendments to existing provisions related to the use of aerodromes, fares and freights, dropping of articles, aerodrome control, licensing conditions, and the duration and renewal of licences. Section 2 amends the definition of aerodrome use to include landing or taking off at any place, not just designated aerodromes. Section 3 introduces a new regulation requiring aircraft owners to submit and possibly have approved tariffs for public transport services using Commonwealth aerodromes or facilities, with provisions for refusal of service and refunds in certain circumstances. Section 4 removes restrictions on dropping articles that might create hazards, while sections 5 and 8 clarify the roles of aerodrome and approach control in air navigation. Section 6 allows for conditions on certain licences to prohibit passenger or cargo operations in Commonwealth territories, and section 7 provides flexibility for the Director-General in the renewal and variation of licences. These regulations impose several obligations on the parties involved, particularly aircraft owners and operators. Owners of aircraft engaged in public transport services must submit tariffs for carriage of persons or cargo and adhere to any approved or directed tariffs (Regulation 106). Failure to comply with these requirements can result in the denial of aerodrome or facility access. Additionally, any approved conditions on licences, including those prohibiting operations in specific territories, must be complied with by the licence holders (Regulation 199). Operators must also ensure compliance with any listening watch requirements, which now include approach control (Regulation 234). Breaches of these regulations can result in significant consequences. For example, an aircraft owner who refuses to submit a tariff or charges more than the approved amount may have their aircraft denied access to aerodromes or facilities (Regulation 106(6)). Similarly, failure to comply with conditions imposed on licences can result in the refusal to renew a licence, renewal under specific conditions, or variation of existing licence conditions (Regulation 200(2)). While the specific penalties for these breaches are not detailed in the provided excerpt, they could include financial penalties or other enforcement actions under applicable laws.

Legal classification tags

Area of Law
Aviation Law
Instrument
Regulation
Concepts
Definitions & Interpretation
Licensing & Registration
Reporting & Disclosure Obligations

Interactions

Authorises

All Versions

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.