STATUTORY RULES.
1946. No. 142.
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REGULATION 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 Regulation under the Air Navigation Act 1920-1936.
Dated this eleventh day of September, 1946.
HENRY
Governor-General.
By His Royal Highness’s Command,
ARTHUR S. DRAKEFORD
Minister of State for Civil Aviation.
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Amendment of The Air Navigation Regulations.†
Licensing of public transport aircraft.
Regulation 79 of the Air Navigation Regulations is amended—
(a) by omitting from sub-regulation (1.) the words “the next succeeding sub-regulation” and inserting in their stead the words and figures “sub-regulation (2.) or sub-regulation (6a.) of this regulation”; and
(b) by inserting, after sub-regulation (6.), the following sub-regulation:—
“(6a.) The holder of an air-line licence may enter into a contract or arrangement with another person under which that person may operate the service for which the licence is issued, if that contract or arrangement is approved by the Director-General, and—
(a) where the service is an interstate service, the Director-General shall give that approval subject only to such conditions, in addition to compliance with these Regulations, as the Director-General considers necessary to ensure the safety of the aircraft and of the persons to be carried by the aircraft; and
(b) where the service is other than an interstate service, the Director-General may give that approval upon such conditions, in addition to compliance with these Regulations, as the Director-General considers necessary, or may refuse approval.”.
* Notified in the Commonwealth Gazette on 13th September, 1946.
† Statutory Rules 1937, No. 31 as amended by Statutory Rules 1938, No. 104; 1939, Nos. 2 and 122; 1940, Nos. 25, 155 and 162; 1941, No. 10; and 1946. Nos. 51, 35 and
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By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
4537.—Price 3d.
Overview
The Statutory Rules 1946 No. 142, made under the Air Navigation Act 1920-1936, aim to amend the Air Navigation Regulations, specifically concerning the licensing of public transport aircraft. Enacted by the Governor-General in the Commonwealth of Australia, with advice from the Federal Executive Council, these regulations seek to address the need for streamlined and regulated contractual arrangements for the operation of air services. The policy objective is to ensure that the licensing of public transport aircraft, particularly those involved in interstate services, is done in a manner that prioritises the safety of both the aircraft and the passengers. By allowing the Director-General to approve contracts or arrangements between licence holders and other persons, the regulation aims to facilitate efficient service operation while maintaining stringent safety standards.
Scope and Application
The Air Navigation Regulations 1946, made under the Air Navigation Act 1920-1936, apply to the licensing of public transport aircraft and the contracts or arrangements that air-line licence holders may enter into with other parties to operate services. These regulations extend to both interstate and other services, with the Director-General's approval being subject to different conditions depending on the nature of the service. This regulatory framework applies across the Commonwealth of Australia, thereby encompassing all air navigation matters within the national jurisdiction. Notably, the regulations provide a mechanism for the Director-General to impose specific conditions to ensure the safety of the aircraft and the passengers, and may refuse approval if necessary. The application of these regulations is further extended through subordinate instruments, which allow for detailed specifications and conditions to be set out in a more granular manner.
Key Provisions
The main operative sections of the Statutory Rules 1946, No. 142 pertain to the amendment of The Air Navigation Regulations, specifically under the Air Navigation Act 1920-1936. Regulation 79, which concerns the licensing of public transport aircraft, has been amended to allow the holder of an air-line licence to enter into a contract or arrangement with another person to operate the service for which the licence is issued. This arrangement is contingent upon approval by the Director-General, who may impose additional conditions to ensure safety and compliance with the regulations. The approval process varies based on whether the service is interstate or not, with stricter conditions typically applied for interstate services (Regulation 79(6a)(a)).
The obligations imposed by these regulations on the parties involved, particularly the holder of an air-line licence and the person with whom the contract or arrangement is made, include obtaining explicit approval from the Director-General before any such contract can be executed. This requirement underscores the importance of safety and regulatory compliance in the operation of public transport aircraft. The holder of the air-line licence must ensure that any proposed arrangement is thoroughly vetted and approved, and that all conditions imposed by the Director-General are strictly adhered to. Failure to comply with these obligations could result in legal consequences, including the potential revocation of the licence or other penalties.
In terms of penalties and consequences for breach, the statutory rules do not specify particular penalties in the text provided. However, the approval process and the potential for the Director-General to impose conditions or refuse approval altogether imply that non-compliance could lead to serious ramifications. Breaches of the regulations could result in civil or criminal penalties, depending on the severity and nature of the violation. The specific penalties would likely be determined by other parts of the Air Navigation Act or related legislation, and could range from fines to more severe sanctions, depending on the specific breach and its impact on safety and compliance.