Statutory Rules
1974 No. 36
REGULATIONS UNDER THE AIR NAVIGATION ACT 1920-1973.*
I, THE GOVERNOR-GENERAL of Australia, acting with the advice of the Executive Council, hereby make the following Regulations under the Air Navigation Act 1920-1973.
Dated this nineteenth day of March, 1974.
PAUL HASLUCK
Governor-General.
By His Excellency’s Command,
C. K. JONES
Minister of State for Transport.
————
Amendments of the Air Navigation Regulations†
Parts.
1. Regulation 3 of the Air Navigation Regulations is amended by inserting after the words—
“ Division 2.—Air Traffic Control (Regulations 93-97G).”;
the words—
“ Division 2a.—Flight Service (Regulations 97h-97s).”.
Interpretation.
2. Regulation 5 of the Air Navigation Regulations is amended—
(a) by inserting in sub-regulation (1), after the definition of “aerodrome control service”, the following definition:—
“ ‘ aerodrome flight information zone ’ means an airspace designated as an aerodrome flight information zone by the Director-General in pursuance of regulation 97k;”;
(b) by omitting from sub-regulation (1) the definition of “air route facilities” and substituting the following definition:—
“ ‘ air route facilities ’ means facilities provided to permit safe navigation of aircraft within the airspace of an air route, and includes visual and non-visual navigation aids along the route, visual and non-visual aids to approach and landing at aerodromes, communication services, meteorological services, Air Traffic Control services and facilities and Flight Service services and facilities;”;
* Notified in the Australian Government Gazette on 26 March 1974.
† Statutory Rules 1947, No. 112, as amended by Statutory Rules 1947, No. 162; 1948, No. 69; 1949, Nos. 6 and 70; 1950, No. 69; 1952, Nos. 30, 46 and 87; 1953. No. 44; 1954, Nos. 26, 32 and 119; 1955, No. 29; 1956. No. 16; 1957, No. 12; 1958, No. 77; 1960, Nos. 21, 96 and 99; 1961, No. 102; 1964, Nos. 61 and 128; 1965, No. 33; 1966, No. 5; 1967, No. 65; 1969, No. 4; 1970, Nos. 21 and 214; 1971, No. 31; 1972, No. 166; and 1973, Nos. 182 and 247.
(c) by omitting from sub-regulation (1) the definition of “ airway facilities ” and substituting the following definition:—
“ ‘ airway facilities ’ means all facilities provided to permit safe navigation of aircraft within the airspace of an airway and includes visual and non-visual navigation aids along the airway, visual and non-visual aids to approach and landing at aerodromes, communication services, meteorological services, Air Traffic Control services and facilities and Flight Service services and facilities;”;
(d) by inserting in sub-regulation (1), after the definition of “ flight crew member ”, the following definition:—
“ ‘ flight information area ’ means an airspace designated as a flight information area by the Director-General in pursuance of regulation 97k;”; and
(e) by inserting in sub-regulation (1), after the definition of “ flight plan ”, the following definitions:—
“ ‘ Flight Service ’ means a service established by the Minister in pursuance of regulation 97h;
“ ‘ flight service officer licence ’ means a licence granted under regulation 97l;”.
3. After regulation 97g of the Air Navigation Regulations the following Division is inserted in Part IX:—
“ Division 2a.—Flight Service.
Establishment, &c., of Flight Service.
“ 97h. The Minister may establish, maintain and operate a service, which shall be known as ‘ Flight Service ’.
Functions of Flight Service.
“ 97j. (1) The functions of Flight Service shall be—
(a) the provision of such advice and information as may be required for the safe and efficient conduct of flights; and
(b) notifying appropriate organizations regarding aircraft known to be or believed to be in need of search and rescue aid and assisting those organizations as required.
“ (2) The Director-General may, by means of Air Navigation Orders, Aeronautical Information Publications or NOTAMS, as the case requires, give such instructions and directions on matters within the functions of Flight Service as are necessary for the efficient performance of its functions.
Designation of airspace.
“ 97k. (1) The Director-General may designate airspace that is within defined horizontal and vertical limits as a flight information area or an aerodrome flight information zone.
“ (2) Where the Director-General designates an airspace under the last preceding sub-regulation, he shall cause a notification of the designation, including details of the boundaries of the airspace, to be published in Aeronautical Information Publications or, where the designation is of a temporary nature, in NOTAMS.
Flight Service officers to be specially authorized or licensed.
“ 97l. (1) A person shall not act in any capacity in Flight Service unless—
(a) he is authorized in writing by the Director-General to act in that particular capacity; or
(b) he holds a licence granted or rendered valid under this Division and that licence is endorsed with the rating prescribed by regulation 97m as appropriate for a person acting in that particular capacity.
“ (2) The Director-General may grant and endorse licences for the purposes of this Division and shall specify in each licence the period for which, subject to these Regulations, it remains in force.
“ (3) A licence granted, and a rating endorsed on a licence, under this regulation is subject to such conditions as the Director-General notifies in Air Navigation Orders, being conditions that the Director-General considers necessary in the interests of the safety of aircraft, of persons on board aircraft and public safety.
Classification of ratings.
“ 97m. The classes of ratings that may be endorsed on flight service officer licences are as follows:—
(a) flight information and alerting rating, being a rating authorizing the holder of the rating to provide, or supervise the provision of, such flight information and alerting services, for such flight information areas, as are specified in the rating; and
(b) aerodrome flight information and alerting rating, being a rating authorizing the holder of the rating to provide, or supervise the provision of, such aerodrome flight information and alerting services, for such aerodrome flight information zones, as are specified in the rating.
Qualifications for grant of flight service officer licence.
“ 97n. A person is not eligible to be granted a flight service officer licence unless—
(a) he has attained the age of twenty-one years;
(b) having submitted himself to a medical examination conducted by an approved medical practitioner and having at the time of that medical examination furnished, or authorized the furnishing of, his medical history, he establishes that he meets the medical standards that the Director-General notifies in Air Navigation Orders; and
(c) he has passed such examinations, and has produced evidence of such practical experience in relation to the licence or rating sought, as the Director-General notifies in Air Navigation Orders.
Medical unfitness of holder of licence.
“ 97p. Where a person, being—
(a) the holder of a flight service officer licence; or
(b) a person referred to in paragraph (a) of sub-regulation (1) of regulation 97l,
suffers an incapacity resulting from illness or injury (even if only a temporary incapacity resulting from a common minor ailment) that is likely to impair his efficiency in performing the duties that he is licensed or authorized to perform, he shall not, during the period of incapacity, perform those duties.
Duration of ratings.
“ 97q. Subject to these Regulations, a rating endorsed on a licence under this Division remains in force for the period for which the licence remains in force or a period of twelve months, whichever is the less.
Re-examination of holders of licences.
“ 97r. The Director-General may, if it appears to be necessary in the interests of the safety of air navigation for the holder of a flight service officer licence to demonstrate his continued fitness or proficiency in the capacity for which the licence or any rating endorsed on the licence is held, require the holder of the licence to undergo a medical or other examination.
Licence issued by authority other than Australian.
“ 97s. Where the holder of a licence, issued by the competent authority of a country other than Australia, that is similar to a flight service officer licence satisfies the Director-General that he has complied with the minimum conditions required under the Convention, the Director-General may grant a flight service
officer licence subject to such conditions and limitations, and for such period, as he thinks fit, or may confer on the first-mentioned licence the same validity for the purpose of the holder’s acting as a flight service officer in Australian territory as if the licence had been granted under this Division.”.
Classification of operations.
4. Regulation 191 of the Air Navigation Regulations is amended by omitting paragraphs (a) and (b) and substituting the following paragraphs:—
“ (a) Private operations, being operations in which an aircraft is used for—
(i) the personal transportation of the owner of the aircraft;
(ii) aerial spotting where no remuneration is received by the pilot or the owner of the aircraft or by any person or organization on whose behalf the spotting is conducted;
(iii) agricultural operations on land occupied by the owner of the aircraft;
(iv) aerial photography where no remuneration is received by the pilot or the owner of the aircraft or by any person or organization on whose behalf the photography is conducted;
(v) the carriage of persons or the carriage of goods (not being a carriage of goods referred to in sub-paragraph (viii) of paragraph (b)) without a charge for the carriage being made;
(vi) the carriage of goods otherwise than for the purposes of trade;
(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;
(b) Aerial work operations, being all air service operations in which an aircraft is used for—
(i) aerial survey;
(ii) aerial spotting other than aerial spotting referred to in sub-paragraph (ii) of paragraph (a);
(iii) agricultural operations other than agricultural operations referred to in sub-paragraph (iii) of paragraph (a);
(iv) aerial photography other than aerial photography referred to in sub-paragraph (iv) of paragraph (a);
(v) advertising;
(vi) flying training;
(vii) ambulance functions;
(viii) carriage, for purposes of trade, of goods being the property of the pilot, the owner or the hirer of the aircraft (not being a carriage of goods in accordance with fixed schedules to and from fixed terminals);
(ix) police or customs functions or the service of a Government Department; or
(x) other operations of a character substantially similar to any of those specified in the preceding sub-paragraphs of this paragraph;”.
Intoxicated persons not to act as pilots, &c., or be carried on aircraft.
5. Regulation 247 of the Air Navigation Regulations is amended by omitting from sub-regulations (5), (6) and (7) the words “ Air Traffic Control,” and substituting the words “ either Air Traffic Control or Flight Service,”.
Interpretation.
6. Regulation 254 of the Air Navigation Regulations is amended—
(a) by omitting from paragraph (c) of the definition of “ licence ” in sub-regulation (1) the word “ or ”;
(b) by adding at the end of paragraph (d) of that definition the word “ or ”; and
(c) by inserting after paragraph (d) of that definition the following paragraph:—
“ (e) a licence under Division 2a of Part IX ”.
Suspension of licence for purposes of examination.
7. Regulation 256 of the Air Navigation Regulations is amended by omitting, from sub-regulation (1), the words “ or 97f ” and substituting the words “, 97f or 97r”.