Air Navigation Regulations (Amendment)

Legislation au C1939L00002 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1939. No. 2.

––––––

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,

For and on behalf of the Minister of State for Civil Aviation.

––––––

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.

Overview

The Air Navigation Act 1920-1936 was enacted to establish and regulate the administration of civil aviation within Australia. The Act was intended to provide a legal framework for the safe and efficient operation of aircraft, addressing the emerging need for comprehensive aviation regulations as air travel became more prevalent. The problem or gap in existing legislation that this Act aimed to address was the lack of a unified regulatory body to oversee civil aviation, which was previously managed by the Civil Aviation Board. This legislation was introduced by the Australian Parliament and aimed to streamline the administration of air navigation by centralising authority under the Director-General of Civil Aviation. The policy objective was to ensure that the administration of civil aviation was more efficient and better aligned with the needs of the growing aviation industry.

Scope and Application

The Air Navigation Regulations under the Air Navigation Act 1920-1936 are amended to centralise authority under the Director-General of Civil Aviation, replacing references to the Civil Aviation Board and the Secretary. The Director-General, defined as the Director-General of Civil Aviation and any Acting Director-General, is tasked with the administration of these regulations and must maintain close liaison with the Air Board in matters of common interest. The amendments affect various regulations, including those concerning delegation by the Minister or Director-General, articles not to be dropped from aircraft, conditions of certificates of airworthiness, suspension or cancellation of licences and certificates, and proof of certificates and signatures in court proceedings. Certificates, notices, and licences issued before the commencement of these regulations will continue in force, as will any actions taken by the Civil Aviation Board or the Secretary prior to the commencement date. The provisions of regulation 136 will apply to any certificates, notices, or other documents issued before the commencement date and bearing the signature of the Secretary to the Civil Aviation Board.

Key Provisions

The Air Navigation Regulations, as amended, centralise authority in the Director-General of Civil Aviation, replacing references to the Civil Aviation Board with the Director-General (sections 1(a), 1(b), 3(a), 3(b), 3(c), 3(d), 3(e), 4(a), 4(b), 5, 6, 7(a), 7(b), 8, 11(a), 11(b), 12(a), 12(b), 13(a), and 13(b)). The Director-General is responsible for the administration of these regulations and must maintain close liaison with the Air Board on matters of mutual interest (section 8). The Director-General has the power to delegate any of their powers or functions to others by written instrument (section 4(a)). Certificates, notices, and licences issued under the Air Navigation Regulations before the commencement of these amendments continue in force, and actions taken by the Civil Aviation Board or its Secretary prior to the commencement of these regulations retain their validity (sections 14(a) and 14(b)). The obligations imposed by these regulations require the Director-General to exercise and perform their powers and functions as specified. This includes the responsibility to maintain close liaison with the Air Board on matters of mutual interest (section 8). Additionally, the Director-General must ensure that all certificates, notices, and licences issued under the regulations before the commencement of these amendments continue in force and are subject to the amended regulations (section 14(a)). The Director-General also has the authority to delegate their powers or functions to others by written instrument (section 4(a)). Breaching these regulations can lead to civil and criminal consequences. For instance, the unauthorised dropping of articles from aircraft is prohibited (section 6). Additionally, failure to comply with conditions of certificates of airworthiness, suspension, or cancellation of licences and certificates can result in regulatory action (sections 7 and 114). The regulations also address the proof of certificates and signatures in court proceedings (section 136). While the specific penalties for breaches are not detailed in the provided text, violations of such regulations typically carry fines, imprisonment, or both, depending on the severity and nature of the breach.

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