Statutory Rules 1981 No. 2531
__________
Air Navigation Regulations2 (Amendment)
I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Air Navigation 1920.
Dated 27 August 1981.
ZELMAN COWEN
Governor-General
By His Excellency’s Command,
RALPH J. HUNT
Minister of State for Transport
_____________
1. Regulation 54 of the Air Navigation Regulations is repealed and the following regulation substituted:
Duration of ratings
“54. (1) Subject to these Regulations, a rating endorsed on a licence under this Part remains in force from the day immediately succeeding the date of its endorsement until—
(a) the expiration of such period as is specified by the Secretary, by notification in Air Navigation Orders, as the maximum period for which a rating of that kind shall remain in force; or
(b) the expiration of the period for which the licence remains in force,
whichever first occurs.
“(2) A reference in sub-regulation (1) to the period for which a licence remains in force includes a reference to any period for which the licence has been renewed”.
Renewal of licences and ratings
2. Regulation 61 of the Air Navigation Regulations is amended by omitting from paragraph (c) “an agricultural rating” and substituting “a rating”.
1. Notified in the Commonwealth of Australia Gazette on 4 September 1981.
2. Statutory Rules 1947 No. 112 as amended to date. For previous amendments see footnote † to Statutory Rules 1981 No. 32 and see also Statutory Rules 1981 Nos. 32 and 77.
Overview
The Air Navigation (Amendment) Regulations 1981, made under the Air Navigation Act 1920, were introduced to address discrepancies and enhance clarity in the regulations concerning the duration and renewal of pilot ratings and licences. The Governor-General, acting on the advice of the Federal Executive Council, enacted these regulations to ensure that the Air Navigation Regulations align with contemporary requirements and practices in aviation safety and administration. The policy objective of these amendments is to streamline and standardise the process for maintaining the validity of pilot ratings and licences, thereby contributing to the overarching goal of ensuring safe and efficient air navigation within Australia. These regulations were notified in the Commonwealth of Australia Gazette on 4 September 1981, marking a significant step in the ongoing evolution of aviation regulatory practices in the country.
Scope and Application
The Air Navigation Regulations 1981 (Amendment) pertain to the administration and oversight of aviation in Australia, operating under the legislative framework established by the Air Navigation Act 1920. These regulations specifically address the duration and renewal of ratings endorsed on licenses within the aviation industry. They apply to all pilots, air traffic controllers, and other aviation personnel who hold licences under the Act, as well as to entities such as aviation training organisations and aircraft operators that must comply with the licensing requirements. The regulations have a national reach, applying throughout the Commonwealth of Australia, and are designed to ensure that the standards and qualifications of aviation professionals are consistently maintained and periodically updated. The regulations also allow for the Secretary to specify the maximum duration of ratings through notifications in Air Navigation Orders, providing a mechanism for periodic adjustments to the validity periods of ratings. Furthermore, these regulations can be extended or restricted through subordinate instruments, allowing for precise control over the application of the Act in the dynamic environment of air navigation.
Key Provisions
The Air Navigation Regulations 1981, specifically Regulation 54, establish that the validity of a rating endorsed on a licence under Part II of the Air Navigation Act 1920 will remain in force from the day immediately after its endorsement until the earlier of the maximum period specified by the Secretary in Air Navigation Orders or the expiration of the licence's validity (Section 54(1)). This regulation also clarifies that the term 'the period for which the licence remains in force' includes any period for which the licence has been renewed (Section 54(2)). Furthermore, Regulation 61 is amended to broaden the scope of licence renewals, removing the previous restriction on agricultural ratings and applying the renewal process to all types of ratings (Section 61).
The obligations imposed by these regulations require licence holders to adhere to the specified durations for their ratings as set out in the Air Navigation Orders. Licence holders must ensure that their ratings are valid and up-to-date by renewing them within the specified timeframes to maintain their eligibility to operate aircraft. The Secretary’s notifications regarding the maximum periods for ratings must be closely monitored to ensure compliance with the regulations. Additionally, the amendment to Regulation 61 removes any exceptions for agricultural ratings, mandating that all ratings be subject to the same renewal processes and timelines.
Failure to comply with the duration and renewal provisions set out in the Air Navigation Regulations may result in penalties. Specifically, operating an aircraft with an expired rating could lead to enforcement actions under the Air Navigation Act 1920. While the specific penalties for such breaches are not detailed within these regulations, they may include fines, suspension or revocation of the licence, or other civil or criminal consequences as determined by relevant aviation authorities. The exact penalties would be governed by other provisions of the Air Navigation Act or subsequent legislative instruments.