Air Navigation Regulations (Amendment)

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STATUTORY RULES.

1961. No. 102.

REGULATIONS UNDER THE AIR NAVIGATION ACT 1920-1960.*

I, THE ADMINISTRATOR of the Government of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Air Navigation Act 1920-1960.

Dated this 26th day of July, 1961.

DALLAS BROOKS

Administrator.

By His Excellency’s Command,

Minister of State for Civil Aviation.

AMENDMENTS OF THE AIR NAVIGATION REGULATIONS.†

Interpretation.

1. Regulation 5 of the Air Navigation Regulations is amended—

(a) by inserting in sub-regulation (1.), after the definition of “reporting point”, the following definitions:—

“ ‘reserve time’ means a period during which a flight crew member is required by an operator to hold himself available for a tour of duty;

“ ‘rest period’ means a period of time during which a flight crew member is relieved by an operator of all duties associated with his employment;”; and

(b) by inserting in sub-regulation (1.), after the definition of “the Minister”, the following definition:—

“ ‘tour of duty’ means a period from the time at which a flight crew member commences any duties associated with his employment before making a flight or series of flights until the time at which he is finally relieved of all such duties after the termination of the flight or flights, and includes a period during which a flight crew member is required by an operator to hold himself available at an aerodrome for the performance of any such duties;”.

Classification of licences and ratings.

2. Regulation 51 of the Air Navigation Regulations is amended by inserting after sub-paragraph (ii) of paragraph (b) of sub-regulation (1.) the following sub-paragraph:—

“(iii) Agricultural rating, being a rating endorsed on a commercial or senior commercial pilot licence authorizing the holder to pilot aerial work aircraft in agricultural operations;”.

* Notified in the Commonwealth Gazette on 27th July, 1961.

† 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; and 1960, Nos. 21, 96 and 99.

5207 /61.—PRICE 3D 9/5.7.1961

Privileges and limitations according to the category of licence held.

3. Regulation 52 of the Air Navigation Regulations is amended by inserting after sub-regulation (6.) the following sub-regulation:—

“(6A.) A person is not authorized to fly an aerial work aircraft in agricultural operations unless he is the holder of a commercial or senior commercial pilot licence endorsed with an agricultural rating.”.

Duration of ratings.

4. Regulation 54 of the Air Navigation Regulations is amended by inserting in paragraph (a), after the word “rating”, the words “or an agricultural rating”.

Renewal of licences and ratings.

5. Regulation 61 of the Air Navigation Regulations is amended—

(a) by omitting from paragraph (a) the word “and”; and

(b) by omitting paragraph (b) and inserting in its stead the following paragraphs:—

“(b) furnish such information as the Director-General requires with regard to the applicant’s recent experience in the capacity in which he seeks renewal of the licence or rating; and

“(c) in the case of an application for the renewal of an agricultural rating—pass such examinations applicable to the rating as the Director-General, by notification in Air Navigation Orders, directs.”.

Flight time limitations on holders of private pilot licences.

6. Regulation 63 of the Air Navigation Regulations is amended—

(a) by omitting from sub-regulations (1.) and (2.) the words “licence under this Part” and inserting in their stead the words “private pilot licence”;

(b) by omitting from paragraph (c) of sub-regulation (1.) the words “one hundred and five hours” and inserting in their stead the words “one hundred hours”; and

“(3.) The Director-General may issue directions with respect to the rest periods to be granted to the holder of a private pilot licence.”.

7. Regulation 64 of the Air Navigation Regulations is repealed and the following regulation inserted in its stead:—

Flight time limitations on holders of licences other than private pilot licences.

“64. The Director-General may issue directions with respect to the circumstances in which a person who is the holder of a licence under this Part other than a private pilot licence shall not act in any capacity as a member of the flight crew of an aircraft or perform any other duties associated with his employment or in which an operator shall not require such a person to act in any capacity as a member of the flight crew of an aircraft or perform any other duties associated with his employment, and, in particular, with respect to—

(a) the number of hours that may be flown by such a person in any period as a member of the flight crew of an aircraft;

(b) the periods of tours of duty by such a person;

(d) the rest periods to be granted to such a person.”.

8. Regulation 69 of the Air Navigation Regulations is repealed and the following regulation inserted in its stead:—

Flight instructors.

“69. A person shall not give to a student practical flight instruction in the piloting of an aircraft unless—

(a) that person is—

(i) the holder of a pilot licence endorsed with a flight instructor rating in accordance with Part V. of these Regulations; or

(ii) in the case of practical flight instruction in the piloting of an aircraft in agricultural operations—authorized by the Director-General to give such instruction;

(b) that person is, or instructs in association with, the holder of a flying school licence; and

(c) the student has received, or is receiving, ground instruction in accordance with such directions as the Director-General has issued.”.

Dropping or articles.

9. Regulation 126 of the Air Navigation Regulations is amended by omitting paragraph (a) of sub-regulation (2.) and inserting in its stead the following paragraph:—

“(a) the dropping of packages or other articles or substances—

(i) in the course of agricultural operations; or

(ii) in the course of any other operations with the prior approval of the Director-General,

in accordance with the directions issued by the Director-General to eliminate hazard to persons or property on the ground or on water;”.

By Authority: A. J. ARTHUR, Commonwealth Government Printer, Canberra.

Overview

The Air Navigation Regulations 1961 were enacted under the Air Navigation Act 1920-1960 to provide comprehensive regulations governing air navigation in Australia. The Regulations were established by the Administrator of the Government of the Commonwealth of Australia, acting on the advice of the Federal Executive Council, and were notified in the Commonwealth Gazette on 27th July, 1961. The primary problem these Regulations were introduced to address is the need for stringent and updated rules to govern the classification of licences and ratings, the duration and renewal of these licences, and flight time limitations, particularly in the context of agricultural operations and flight crew rest periods. The policy objective is to ensure the safety and efficiency of air navigation by establishing clear guidelines for the operation of aircraft and the qualifications of flight crew members.

Scope and Application

The Air Navigation Regulations 1961, made under the Air Navigation Act 1920-1960, apply to flight crew members, operators, and pilots involved in aerial work, including agricultural operations. The Regulations are applicable on a national scale, covering the entire Commonwealth of Australia. They set out definitions, classification of licences and ratings, and specific requirements for flight crew members' rest periods, tour of duty, and reserve time. The Regulations also outline the privileges and limitations of different categories of licences, the duration and renewal of ratings, and flight time limitations for various licence holders. Additionally, the Regulations address flight instructors, stipulating qualifications and conditions for giving practical flight instruction, and cover the dropping of packages or articles, with specific provisions for agricultural operations and other operations with prior approval. The application of these Regulations may be extended or restricted through subordinate instruments issued by the Director-General.

Key Provisions

The primary operative sections of these Regulations under the Air Navigation Act 1920-1960 primarily involve amendments to the Air Navigation Regulations, particularly around definitions, classifications of licences and ratings, privileges and limitations, duration, and renewal of ratings, as well as flight time limitations and flight instructor requirements. For example, Regulation 1 amends the definitions in sub-regulation (1.) to include 'reserve time,' 'rest period,' and 'tour of duty' (section 1). Regulation 2 modifies the classification of licences and ratings by adding an 'Agricultural rating' (section 2). Regulation 3 stipulates that a person cannot fly an aerial work aircraft in agricultural operations unless they hold a commercial or senior commercial pilot licence endorsed with an agricultural rating (section 3). Regulation 4 modifies the duration of ratings to include an agricultural rating (section 4). Regulation 5 alters the renewal process for licences and ratings, particularly for agricultural ratings, requiring applicants to pass examinations directed by the Director-General (section 5). Regulations 6 and 7 revise flight time limitations for private pilot licence holders and other licence holders, respectively, by specifying new flight hour limits and rest periods (sections 6 and 7). Regulation 8 changes the requirements for flight instructors, stipulating that only certain licensed individuals can provide practical flight instruction (section 8). Regulation 9 modifies the rules regarding the dropping of packages or other articles, allowing such activities in agricultural operations or with prior Director-General approval (section 9). These Regulations impose various obligations and requirements on the parties they govern. Flight crew members must adhere to defined 'reserve time' and'rest period' requirements (section 1). Operators must ensure that flight crew members are relieved of all employment duties during rest periods (section 1). Licence holders must meet specific criteria to engage in agricultural operations, including holding an appropriate agricultural rating (sections 2, 3, and 5). Flight instructors must hold a pilot licence with a flight instructor rating or be authorized by the Director-General to provide instruction in agricultural operations (section 8). Additionally, any operations involving the dropping of packages or other articles must comply with Director-General directions to prevent hazards (section 9). Breach of these Regulations can result in various civil or criminal consequences. For instance, flying an aerial work aircraft in agricultural operations without the appropriate agricultural rating is prohibited (section 3). Failure to comply with flight time limitations, such as the reduced flight hours for private pilot licence holders, could result in regulatory action (section 6). Non-compliance with rest period requirements or other operational directives may also lead to enforcement actions. Specific penalties are not detailed in the text, but violations generally result in administrative or legal proceedings as per the overarching Air Navigation Act 1920-1960.

Area of Law: Administrative Law
Instrument: Regulation
Concepts: Definitions & Interpretation; Licensing & Registration; Reporting & Disclosure Obligations; Enforcement Powers

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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.

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