Statutory Rules
1980 No. 269
REGULATIONS UNDER THE AIR NAVIGATION ACT 19201
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 Act 1920.
Dated this third day of September 1980.
ZELMAN COWEN
Governor-General
By His Excellency’s Command,
RALPH J. HUNT
Minister of State for Transport
_______________
AMENDMENTS OF THE AIR NAVIGATION REGULATIONS2
Heading to Part XVI
1. The heading to Part XVI of the Air Navigation Regulations is omitted and the following heading substituted:
“PART XVI—ACCIDENT AND INCIDENT INQUIRY”.
2. Regulation 270 of the Air Navigation Regulations is repealed and the following regulation substituted:
Interpretation
“270. In this Part, unless the contrary intention appears—
‘accident’ in relation to an aircraft, means an occurrence associated with the operation of the aircraft which takes place between the time any person boards the aircraft with the intention of flight until such time as all such persons have disembarked in which—
(a) any person suffers death or serious injury as a result of being in or upon the aircraft or by direct contact with the aircraft or anything attached to the aircraft, except when the injuries are from natural causes, are self-inflicted or inflicted by other persons, or when the injuries are to stowaways hiding outside the area normally available to the passengers and crew;
(b) the aircraft incurs damage or structural failure that adversely affects the structure strength, performance or flight characteristics of the aircraft and would normally require major repair or replacement of the affected component; or
(c) the aircraft is missing or inaccessible;
‘recorder’ means a recorder installed (whether in an aircraft or elsewhere) for the purpose of assisting in the investigation of an accident or incident in relation to an aircraft;
‘incident’, in relation to an aircraft, means an occurrence, other than an accident, associated with the operation of the aircraft that affects or could affect the safety of the operation of the aircraft;
‘State of manufacture’, in relation to an aircraft, means the country responsible for the certification as to the airworthiness of the prototype of the aircraft or, where there is more than one such country, each of those countries;
“State of registry’, in relation to an aircraft, means the country in whose register of aircraft the aircraft is entered;
‘State of the operator’, in relation to an aircraft, means the country in which the operator of the aircraft has his principal place of business or, if the operator has no place of business, the country in which he has his permanent residence.”.
Particulars to be reported
3. Regulation 272 of the Air Navigation Regulations is amended—
(a) by inserting in paragraph (a) of sub-regulation (1) “model,” after “type,”;
(b) by omitting paragraphs (f) and (g) of sub-regulation (1) and substituting the following paragraphs:
“(f) the position of the aircraft with reference to some easily defined geographical point and the latitude and longitude of that position;
(g) the number of persons aboard the aircraft and where, by reason of the accident, a person has died or has been seriously injured—
(i) the number of members of the crew (if any) who have died or become seriously injured and, if the information is available, the names of those members;
(ii) the number of passengers (if any) who have died or become seriously injured and, if the information is available, the names of those passengers; and
(iii) the number of other persons (if any) who have died or become seriously injured and, if the information is available, the names of those persons;”;
(c) by omitting from paragraph (h) of sub-regulation (1) “and” (second occurring); and
(d) by adding at the end thereof the following word and paragraph:
“; and (j) the physical characteristics of the area in which the accident occurred.”.
Contracting State to be notified of accident
4. Regulation 273 of the Air Navigation Regulations is amended—
(a) by omitting sub-regulation (1) and substituting the following sub-regulation:
“(1) The Secretary shall forward to another Contracting State that is, in relation to the aircraft to which the accident has occurred—
(a) the State of registry of the aircraft;
(b) the State of the operator of the aircraft; or
(c) if the aircraft is registered in a Contracting State other than Australia—the State of manufacture of the aircraft,
a notification containing the particulars supplied in the report (or reports) furnished in accordance with this Division and indicating the nature of the investigation or inquiry that is being conducted into the circumstances surrounding the accident.”; and
(b) by omitting from sub-regulation (2) “Director-General” and “country of registration” and substituting “Secretary” and “relevant Contracting State” respectively.
Incidents to be reported
5. Regulation 274 of the Air Navigation Regulations is amended—
(a) by omitting sub-regulation (1) and substituting the following sub-regulation:
“(1) Where an incident occurs—
(a) to an Australian aircraft; or
(b) to any other aircraft in Australian territory,
the pilot in command, the owner, the operator and the hirer (if any) shall each be responsible for ensuring that a written notification of the incident is furnished to the Secretary within 48 hours of the occurrence.”; and
(b) by omitting from sub-regulation (3) “Director-General” and substituting “Secretary”.
Aircraft, &c., of Contracting State to remain undisturbed on request
6. Regulation 276 of the Air Navigation Regulations is amended—
(a) by omitting sub-regulation (1) and substituting the following sub-regulations:
“(1) Where—
(a) a Contracting State, other than Australia, is the State of registry or the State of the operator of an aircraft to which an accident has occurred in Australian territory; and
(b) the Secretary receives from that State a request that the aircraft, its contents, and any other evidence remain undisturbed until such time as an inspection has been carried out by an accredited representative appointed by that State,
the Secretary shall, subject to sub-regulation (2), take such steps as are reasonably necessary and practicable to comply with the request, including the facilitation of access to the aircraft, contents or evidence, as the case may be.
“(1A) Where—
(a) a Contracting State, other than Australia, is the State of manufacture of an aircraft to which an accident has occurred in Australian territory; and
(b) the Secretary receives from that State a request that the aircraft remain undisturbed until such time as an inspection of the aircraft has been carried out by an accredited representative appointed by that State,
the Secretary shall, subject to sub-regulation (2), comply with that request so far as that compliance is reasonably practicable in all the circumstances having regard to—
(c) the proper conduct of the investigation into the circumstances surrounding the accident; and
(d) the avoidance of undue delay in returning the aircraft to normal service.”; and
(b) by omitting from sub-regulation (2) “Director-General” and substituting “Secretary”.
Release of aircraft, &c., from custody of Secretary
7. Regulation 277 of the Air Navigation Regulations is amended by omitting “Director-General” and “country of registration” and substituting “Secretary” and “State of registry” respectively.
8. Regulation 278 of the Air Navigation Regulations is repealed and the following regulation substituted:
Authorization of investigation
“278. The Secretary may authorize, either generally or specially, one or more investigators to conduct an investigation into the circumstances surrounding an accident or incident occurring to an aircraft in Australian territory.”.
Heading to Division 4
9. The heading to Division 4 of Part XVI of the Air Navigation Regulations is omitted and the following heading substituted:
“Division 4—Accident and Incident Investigation”.
10. After regulation 277 of the Air Navigation Regulations the following regulation is inserted in Division 4 of Part XVI:
Interpretation
“277A. A reference in this Division to a document shall be read as including a reference to a record made by a recorder.”.
Publication of report, &c.
11. Regulation 283 of the Air Navigation Regulations is amended—
(a) by omitting sub-regulation (1) and substituting the following sub-regulation:
“(1) A report or other document furnished to the Secretary that relates to an accident or incident that is, or has been, the subject of an investigation shall not be made public without the approval in writing of the Secretary.”; and
(b) by omitting from sub-regulation (2) “Director-General” and substituting “Secretary”.
Heading to Division 5
12. The heading to Division 5 of Part XVI of the Air Navigation Regulations is omitted and the following heading substituted:
“Division 5—Accidents and Incidents in Australian Territory to Aircraft of Contracting States other than Australia”.
13. Regulation 284 of the Air Navigation Regulations is repealed and the following regulations substituted:
Powers of accredited representatives of Contracting States
“284.(1) Where—
(a) a Contracting State other than Australia is, in relation to an aircraft to which an accident has occurred in Australian territory, a relevant Contracting State; and
(b) that State appoints an accredited representative (whether or not the State appoints an adviser to assist the accredited representative) to participate in an investigation conducted into the circumstances surrounding the accident,
the accredited representative so appointed—
(c) may participate in such an investigation and in an inquiry into the accident conducted by a Board of Accident Inquiry appointed under regulation 287;
(d) may examine witnesses at the investigation or inquiry; and
(e) shall be given access to any information and evidence relevant to such an investigation or inquiry.
“(2) In sub-regulation (1), ‘relevant Contracting State’, in relation to an aircraft to which an accident has occurred in Australian territory, means—
(a) a Contracting State that is the State of registry of the aircraft;
(b) a Contracting State that is the State of the operator of the aircraft;
(c) where the Secretary has requested the State of manufacture of the aircraft (being a Contracting State) to participate in an investigation and an inquiry (if any) into the accident—the State of manufacture of the aircraft; or
(d) a Contracting State that, upon the request of the investigator conducting the investigation into the circumstances surrounding the accident, provides information, facilities or experts to the investigator.
Delegation of conduct of investigation
“284A. (1) Where an accident occurs in Australian territory to an aircraft, being an aircraft in relation to which the State of registry or the State of the operator is a Contracting State other than Australia, the Secretary may delegate the whole or any part of the conduct of an investigation into the circumstances surrounding the accident to an investigator appointed by the State of registry or the State of the operator.
“(2) An investigator referred to in sub-regulation (1) has, in relation to an investigation referred to in that sub-regulation, the powers and duties of an investigator authorized under regulation 278 to conduct an investigation.
“(3) Where—
(a) the Secretary, under sub-regulation (1), delegates the whole or any part of the conduct of an investigation into the circumstances surrounding an accident; and
(b) an investigator had earlier been authorized under regulation 278 to conduct an investigation in relation to that accident,
that investigator shall not, to the extent to which the conduct of the investigation is so delegated, be responsible for the conduct of the investigation.
Secretary may authorize participation by certain experts in investigation
“284B. Where—
(a) an accident occurs in Australian territory to an aircraft;
(b) by reason of that accident, citizens of a Contracting State, other than Australia or a Contracting State that is a relevant Contracting State in relation to the aircraft for the purposes of regulation 284, have died; and
(c) the Contracting State whose citizens have died requests permission to appoint an expert to participate in the investigation,
the Secretary may authorize an expert so appointed by that Contracting State—
(d) to visit the scene of the accident;
(e) to have access to factual information relevant to the investigation; and
(f) to provide assistance and information relating to the identification of the citizens of that State who have died.
Minister to forward report to certain Contracting States
“284C.(1) Where an accident occurs in Australian territory to an aircraft registered in a Contracting State other than Australia and an investigation into the circumstances surrounding the accident is conducted by an investigator authorized under regulation 278, the Minister shall, as soon as practicable after the conclusion of the investigation, forward a copy of the report referred to in regulation 282 that relates to the accident to each of the following countries that is a Contracting State other than Australia:
(a) the State of registry of the aircraft;
(b) the State of the operator of the aircraft;
(c) the State of manufacture of the aircraft;
(d) if a Contracting State provided information, facilities or experts in relation to the investigation—that Contracting State;
(e) if a citizen of a Contracting State has died by reason of the accident and that State has participated in the investigation—that Contracting State.
“(2) Where, in respect of an accident referred to in sub-regulation (1), an inquiry into the accident is conducted by a Board of Accident Inquiry appointed under regulation 287, the Minister shall forward a copy of the report referred to in regulation 293 relating to the accident to each of the Contracting States to which a report of the investigation is required to be forwarded under sub-regulation (1).
Provision of information to Contracting State that conducts investigation in Australia
"284D. Where—
(a) an accident or incident occurs in Australian territory to an aircraft; and
(b) an investigator appointed by a Contracting State, other than Australia, conducts an investigation into the circumstances surrounding the accident or incident,
the Secretary shall, upon the request of the Contracting State, furnish the Contracting State with any factual information that is available to him and is relevant to the investigation.
Further investigation into accident
“284E.(1) Where, after an investigation conducted into the circumstances surrounding an accident to an aircraft in Australian territory has been concluded, new and significant information in relation to the accident becomes available, the Secretary shall—
(a) if the investigation was conducted by Australia—direct one or more investigators to conduct a further investigation into the circumstances surrounding the accident; or
(b) if the investigation was conducted by an investigator appointed by a Contracting State other than Australia—consent to one or more investigators appointed by that Contracting State conducting a further investigation into the circumstances surrounding the accident.
“(2) An investigator referred to in sub-regulation (1) has, in relation to a further investigation referred to in that sub-regulation, the powers and duties of an investigator authorized under regulation 278 to conduct an investigation.”.
14. Regulation 285 of the Air Navigation Regulations is repealed and the following regulation substituted:
Investigation of accidents and incidents to Australian aircraft outside Australian territory
“285. (1) Where, in the territory of a Contracting State other than Australia, an accident occurs to an aircraft in relation to which Australia is the State of registry, the State of the operator or the State of manufacture, the Minister, after receiving notification of the accident from the Contracting State, may—
(a) in a case in which Australia is the State of registry or the State of the operator—
(i) except where sub-paragraph (ii) applies—appoint an accredited representative to participate in the investigation instituted by the Contracting State into the circumstances surrounding the accident; or
(ii) if the Contracting State has delegated the whole or any part of the conduct of the investigation to Australia—appoint an investigator to conduct the whole or any part of the investigation so delegated; and
(b) in a case in which Australia is the State of manufacture and the Contracting State that conducts the investigation requests Australia to participate in the investigation—appoint an accredited representative to participate in the investigation.
“(2) Where an accident occurs to an aircraft, not being an aircraft in relation to which sub‑regulation (1) applies, and Australia has, at the request of the Contracting State that conducts the investigation into the circumstances surrounding the accident, provided information, facilities or experts to that State in relation to the investigation, the Minister may appoint an accredited representative to participate in the investigation.
“(3) Where the Minister has appointed, under sub-regulation (1), an accredited representative to participate in an investigation conducted into the circumstances surrounding an accident, the Minister may appoint advisers to assist the accredited representative so appointed.
“(4) Where an accident occurs to an Australian aircraft in the territory of a country that is not a Contracting State or the location of an accident that occurs to an Australian aircraft outside Australian territory cannot definitely be established as being in the territory of a Contracting State, the Minister—
(a) shall appoint an investigator to institute and conduct an investigation into the circumstances surrounding the accident; or
(b) shall, with the consent of another Contracting State, delegate the whole or any part of the conduct of the investigation to an investigator appointed by that Contracting State.
“(5) Where an incident occurs outside Australian territory to an Australian aircraft, the Minister may authorize an investigator to conduct an investigation into the circumstances surrounding the incident.
“(6) Where an investigator referred to in this regulation conducts in Australian territory the whole or a part of an investigation referred to in this regulation, the investigator has, in relation to the whole or the part, as the case may be, of the investigation conducted in Australian territory, the powers and duties of an investigator authorized under regulation 278 to conduct an investigation.".
15. Regulation 286 of the Air Navigation Regulations is repealed and the following regulation substituted:
Provision of information to Contracting State that conducts investigation
"286.(1) Where—
(a) an accident or incident occurs outside Australian territory to an aircraft; and
(b) a Contracting State, other than Australia, conducts an investigation into the circumstances surrounding the accident or incident,
the Secretary shall, upon the request of the Contracting State, furnish the Contracting State with any information that is available to him and is relevant to the investigation.
“(2) Where a request referred to in sub-regulation (1) is received from a Contracting State that is conducting an investigation into the circumstances surrounding an accident or incident, the Secretary may authorize an investigator to conduct an investigation in Australian territory into the circumstances surrounding the accident or incident.
“(3) An investigator referred to in sub-regulation (2) has, in relation to an investigation referred to in that sub-regulation, the powers and duties of an investigator authorized under regulation 278 to conduct an investigation.”.
Minister to appoint Board of Accident Inquiry to inquire into accident
16. Regulation 287 of the Air Navigation Regulations is amended by omitting sub‑regulation (2).
17. Regulation 295 of the Air Navigation Regulations is repealed and the following regulation substituted:
Publication of report
“295. A report or other document furnished to the Minister by the Chairman of the Board of Accident Inquiry shall not be made public without the approval in writing of the Minister.”.
18. The following provisions of the Air Navigation Regulations are amended by omitting “Director-General” (wherever occurring) and substituting “Secretary”:
Regulations 271, 275 (1) and (3), 282.
Transitional
19. (1) In this regulation, “commencing day” means the date of commencement of these Regulations.
(2) Where an authorization given under regulation 278 of the Air Navigation Regulations was in force immediately before the commencing day, that authorization has effect on and after the commencing day as if it had been given under regulation 278 of the Air Navigation Regulations as amended by these Regulations.
(3) Where, under the Air Navigation Regulations as in force immediately before the commencing day—
(a) an investigation had been commenced into any matter connected with an accident or incident occurring to an aircraft in Australian territory; and
(b) the investigation had not been concluded before the commencing day,
the Air Navigation Regulations as amended by these Regulations have effect on and after the commencing day in respect of anything done for the purposes of the investigation before the commencing day as if these Regulations had come into operation before the commencement of the investigation and the investigation had been an investigation into the circumstances surrounding the accident or incident authorized under the Air Navigation Regulations as amended by these Regulations.
NOTES
1. Notified in the Commonwealth of Australia Gazette on 11 September 1980.
2. Statutory Rules 1947 No. 112 as amended to date. For previous amendments see Note 2 to Statutory Rules 1980 No. 67 and see also Statutory Rules 1980 Nos. 67, 106, 136, 187, 204 and 247.