STATUTORY RULES.
1931. No. 41.
REGULATIONS UNDER THE AIR NAVIGATION ACT 1920.
I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Air Navigation Act 1920, to come into operation as from the second day of March, 1931.
Dated this fourteenth day of April, 1931.
ISAAC A. ISAACS
Governor-General.
By His Excellency’s Command,
J. B. CHIFLEY
Minister of State for Defence.
Amendment of Air Navigation Regulations.
(Statutory Rules 1921, No. 33, as amended to this date.)
1. Regulation 6 is amended by omitting the words and letter “Provided further that paragraph (a)” and inserting in their stead the words and letter “Provided further that paragraph (c)”.
2. Regulation 7 is amended—
(a) by inserting in sub-paragraph (i) of clause (a), after the word “Commonwealth” the words “or the Territories or the territorial waters adjacent to the Commonwealth or the Territories”; and
(b) by inserting in clause (b), after the word “Commonwealth” the words “or the Territories or the territorial waters adjacent to the Commonwealth or the Territories”.
3. Regulation 16 is amended by inserting after sub-regulation (2.) the following new sub-regulation:—
“(3.) Subject to these Regulations a certificate of registration shall remain in force for a period not exceeding twelve months, and may be renewed by the Minister upon payment of the prescribed fee.”
4. Regulation 19 is amended by inserting after the word “grant,” the words “or renewal”.
5. Regulation 25 is amended by omitting from sub-regulation (1.) the words “(not being the pilot of the aircraft)”.
6. Regulation 27 is amended by omitting the words “certificates of airworthiness of aircraft” and inserting in their stead the words “the certificates referred to in sub-regulation (2.) of regulation 25.”
7. Regulation 31 is amended by inserting after the words “after examination” the words “or practical tests”.
334.—Price 3d.
8. Regulation 36 is repealed and the following regulation is inserted in its stead:—
Term of licence.
“36.—(1.) A licence granted under regulation 30 shall remain in force for a period of six months from the date of issue or renewal in the case of male pilots, and four months from the date of issue or renewal in the case of female pilots.
(2.) All other licences granted under this Part shall remain in force for a period of twelve months from the date of issue or renewal.”
9. Regulation 37 is amended by omitting from sub-regulation (2.) the words and figures “in accordance with regulation 30 or 33”, and inserting in their stead the words “for the issue or renewal of any licence granted or to be granted under this Part”.
By Authority: H. J. Green, Government Printer, Canberra.
Overview
The Statutory Rules of 1931, No. 41, represent a set of regulations enacted under the Air Navigation Act 1920. These regulations were introduced by the Governor-General, acting on advice from the Federal Executive Council, to refine and update existing air navigation rules to ensure safety and efficiency in aviation. The problem or gap these regulations aimed to address involved the need for more comprehensive and adaptable rules to accommodate advancements in aviation technology and the expansion of air navigation into new territories and waters. The policy objective, as implied in the text, is to maintain and improve the safety standards in air navigation, particularly in relation to aircraft registration, pilot licensing, and airworthiness certificates. These regulations, effective from March 2, 1931, provide a framework for the continuous oversight and management of air traffic, reflecting an evolving understanding of aviation needs at the time.
Scope and Application
The Regulations under the Air Navigation Act 1920, made by the Governor-General in Council and effective from March 2, 1931, pertain to the administration and oversight of air navigation within Australia, including its territories and adjacent territorial waters. These regulations apply to various aspects of air navigation, including the registration of aircraft, the issuance and renewal of pilot licences, and the certification of airworthiness. They are applicable to both the Commonwealth and the Territories of Australia, thereby extending their reach nationally. These amendments, while they refine and expand the scope of existing regulations, do not introduce new exclusions or exemptions but rather adjust specific provisions to enhance clarity and operational efficiency within the framework of the Air Navigation Act 1920.
Key Provisions
The Air Navigation Regulations 1931, as amended by Statutory Rules 1921, No. 33, contain several significant changes to the original regulations. Regulation 6 has been altered to replace "Provided further that paragraph (a)" with "Provided further that paragraph (c)" (section 1). Regulation 7 has been amended to include the Territories and their adjacent territorial waters within the scope of the regulations (section 2). A new sub-regulation has been added to Regulation 16, stipulating that a certificate of registration shall remain in force for no more than twelve months and may be renewed by the Minister upon payment of the prescribed fee (section 3). Regulation 19 has been amended to include renewal in the scope of the regulation (section 4). Regulation 25 has been altered by removing the exclusion of the pilot of the aircraft from its provisions (section 5). Regulation 27 has been updated to refer to the certificates mentioned in sub-regulation (2) of regulation 25 instead of certificates of airworthiness of aircraft (section 6). Regulation 31 now includes practical tests in addition to examinations (section 7). Regulation 36 has been repealed and replaced with new provisions specifying the term of licences, with male pilots having a licence term of six months and female pilots having a term of four months, while all other licences remain in force for twelve months (section 8). Regulation 37 has been amended to clarify that it applies to the issue or renewal of any licence under this Part (section 9).
These amendments impose certain obligations and requirements on the parties or entities governed by the Act. Firstly, the amendments extend the regulatory scope to include the Territories and their adjacent territorial waters, as well as modifying the term and renewal conditions for certificates of registration and licences. The Minister of State for Defence is now responsible for renewing certificates of registration upon payment of the prescribed fee, and licences are subject to specific term limits based on the gender of the pilot. Additionally, the inclusion of practical tests in Regulation 31 suggests an increased emphasis on practical evaluation of competency alongside theoretical examinations. These amendments ensure that the regulatory framework remains up to date and reflective of current operational needs and safety standards.
Breaches of the amended regulations may result in various consequences, including civil and criminal penalties. While the specific penalties are not detailed in the text, it is reasonable to infer that non-compliance with these regulations could lead to fines, imprisonment, or other sanctions as prescribed under the Air Navigation Act 1920 or any related legislation. For example, operating an aircraft without a valid certificate of registration or licence could result in significant penalties, and failure to comply with the new term limits for licences might also attract enforcement actions. The exact penalties would depend on the nature and severity of the breach, as well as any additional provisions in the Air Navigation Act 1920.