EXPLANATORY STATEMENT
STATUTORY RULES NO 159
ISSUED BY THE AUTHORITY OF THE MINISTER
FOR TRANSPORT AND COMMUNICATIONS
AIR NAVIGATION ACT 1920
Air Navigation Regulations (Amendment)
The Air Navigation Regulations, governing the safety of civil aviation, were formerly administered by the Department of Transport and Communications. With the establishment of the Civil Aviation Authority under the Civil Aviation Act 1988, responsibility for these functions transferred to the Authority from 1 July 1988. The transfer of functions to the Authority necessitates the making of civil aviation regulations, as provided for in section 98 of that Act. These regulations, together with the Civil Aviation Act and any Civil Aviation Orders issued under the regulations, provide the necessary framework for the Authority to conduct its activities.
The Civil Aviation Regulations are drawn from the existing Air Navigation Regulations, amended where necessary to transfer responsibilities from the Minister or Secretary to the Authority. The remaining regulations, with some minor consequential amendments, form the amended Air Navigation Regulations and relate to those non-safety matters which remain the responsibility of the Department.
The amendments to the existing Air Navigation Regulations reflect the new division of functional responsibilities between the Authority and the Department and will give effect to the revised arrangements.
Detailed notes on the proposed regulations are attached.
The amended regulations are effective from 1 July 1988.
ATTACHMENT
AIR NAVIGATION REGULATIONS (AMENDMENT)
Commencement
Regulation 1 of the proposed regulations cites 1 July 1988 as the date of commencement.
Principal Regulations
Regulation 2 defines the Principal Regulations as the Air Navigation Regulations.
Regulation 3 amends Regulation 5 of the Principal Regulations by inserting definitions of terms that appear in the amended regulations. The amended provisions reflect the fact that many functions previously undertaken by the Department of Transport and Communications have become the responsibility of the Civil Aviation Authority.
Application of Regulations
Regulation 4 amends existing Regulation 6
(a) by removing the operations of military aircraft from the scope of Regulation 6;
(b) by removing from the provision dealing with the applicability of the regulations to air navigation within the States, the reference to the commencement date being fixed by a Gazette notice; and
(c) by removing provisions which are directly related to the safety of air navigation, which have been included in the Civil Aviation Regulations.
Repeal
Regulation 5 repeals the following Parts of the Principal Regulations which are related to safety and therefore have been included in the Civil Aviation Regulations
- Part III - Registration and Marking of Aircraft;
Part IV - Airworthiness Requirements;
Part V - Licences and Ratings of Operating Crew;
Part VI - Flying Schools and Training Organisation;
Part VII - Personal Log Books and Navigation Logs;
Part VII - Radio Systems For Use In, Or In Connexion With, Aircraft.
Establishment of Aerodromes
Regulation 6 amends existing Regulation 82 by omitting references to air route and airway facilities, the establishment, maintenance and operation of which have become the responsibility of the Civil Aviation Authority.
Use of Aerodromes etc
Regulation 7 repeals Regulation 89 of the Principal Regulations, and inserts a regulation which has the effect of conferring powers on the Department to issue directions which are necessary to ensure compliance of aerodromes with non-safety standards, recommended practices and procedures adopted in pursuance of the Chicago Convention.
Repeal
Regulation 8 repeals the following Divisions of Part IX of the Principal Regulations which are related to safety and have been included in the Civil Aviation Regulations
- Division 1A - Obstruction Clearing and Marking;
Division 2 - Air Traffic Control;
Division 2A - Flight Service
Division 3 - Meteorological Services;
Division 4 - Search and Rescue Service;
Division 5 - Fire Fighting and Rescue Services.
Timetables
Regulation 9 amends Principal Regulation 106C by confining the requirement for the Department to approve timetables to international operations only. This is consistent with the Commonwealth’s constitutional powers in relation to the economic regulation of international air operations and the bilateral air services agreements or arrangements which exist between Australia and other countries.
Statistical Returns
Regulation 10 amends Principal Regulation 107 by confining Departmental requirements for furnishing of statistics from operators to non-safety matters, having regard to the need to transmit such statistics to the International Civil Aviation Organization, in keeping with Australia’s commitment as a contracting state to the Chicago Convention.
Carriage of Firearms
Regulation 11 amends Principal Regulation 120A to recognise explicitly the Department’s aviation security responsibilities in relation to carriage of firearms on charter and regular public transport aircraft.
Repeal
Regulation 12 repeals the following Parts of the Principal Regulations which are related to safety and have been included in the Civil Aviation Regulations.
- Division 2 of Part X - Flight Rules;
Part XI - Rules of the Air;
Part XII - Signals for the Control of Air Traffic.
Regulation 13 repeals Division 1 of Part XIII of the Principal Regulations and inserts a new Division which deals with all aspects of the licensing of international operations to and from Australia. Licences will cover economic aspects only, reflecting the fact that safety aspects are administered by the Civil Aviation Authority under the provisions of the Civil Aviation Act 1988.
Regulation 13 also repeals the following Divisions of Part XIII of the Principal Regulations which are related to safety and have been included in the Civil Aviation Regulations
- Division 2 - Requirements to ensure the Safety of Commercial Operations; and
- Division 3 - Conduct of Operations
Smoking in Aircraft
Regulation 14 amends Principal Regulation 246 by omitting those provisions relating to smoking in aircraft that are directly related to the safety of the aircraft’s operation. Those elements have been included in the Civil Aviation Regulations.
Carriage of Officers
Regulation 15 amends Principal Regulation 253 by providing specifically for the carriage of Departmental Officers by airlines, free of charge in certain circumstances, for the purposes of inspecting operators’ ground organisations for aviation security purposes.
Repeal
Regulation 16 repeals the following Part of the Principal Regulations which is related to safety and has been included in the Civil Aviation Regulations
- Part XV - Refusal to Grant, and Suspension and Cancellation of, Licences and Certificates.
Regulations 17 to 21 inclusive deal with offences in general, offences in relation to licences, false statements, interference with crew or aircraft and detention of aircraft respectively. The Principal Regulations 312, 312A, 312B, 312C and 315 are amended by omitting references which are related to the responsibilities of the Civil Aviation Authority.
Discharge of Firearms
Regulation 22 repeals Principal Regulation 315AA and inserts a new regulation which reflects the various responsibilities of the Department (for aviation security), the Civil Aviation Authority (for safety of air navigation) and the proprietor of an aerodrome (for management of the aerodrome) in relation to the discharge of firearms.
Aircraft Parking Areas
Regulation 23 repeals Principal Regulation 315B and inserts a new regulation which empowers the Secretary to designate parking areas at Commonwealth aerodromes and impose conditions on the use of those areas.
Regulations 24 to 31 inclusive, deal with prohibition of entry etc on a prohibited area, evidence, application for licences, change of address, surrender of documents, production of licences, conditions subject to which licences are granted, and access of authorised persons to aerodromes, aircraft etc and amend Principal Regulations 316, 320, 321, 321A, 323, 324, 324A and 325 respectively by omitting references which are related to the responsibilities of the Civil Aviation Authority.
Fees and Charges
Regulations 32 and 33 amend Principal Regulation 329 and the Schedule of fees and charges to that regulation by omitting references which are related to the responsibility of the Civil Aviation Authority, and amend various fees in relation to the issue of international airline licences to reflect the introduction of air operators’ certificates to cover the safety elements of these operations.
Transitional
Regulation 34 has the effect of keeping international airline licences, which have been issued prior to 1 July 1988 under the provisions of the Principal Regulations, in force until their nominated date of expiry.
Further Amendments
Regulation 35 further amends the Principal Regulations by repealing a number of regulations directly related to the safety of air navigation which have been included in the Civil Aviation Regulations.