Statutory Rules
1976 No. 77
REGULATIONS UNDER THE AIR NAVIGATION ACT 1920-1974.*
I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Executive Council, hereby make the following Regulations under the Air Navigation Act 1920-1974.
Dated this fourth day of March, 1976.
JOHN R. KERR
Governor-General.
By His Excellency’s Command,
PETER NIXON
Minister of State for Transport.
————
Amendments of the Air Navigation Regulations†
Commencement.
1. These Regulations shall come into operation on the date on which section 5 of the Air Navigation Act 1974 comes into operation.
Interpretation.
2. Regulation 5 of the Air Navigation Regulations is amended—
(a) by omitting from sub-regulation (1) the definition of “ aircraft ”; and
(b) by omitting from sub-regulation (1) the definition of “ military aircraft ” and substituting the following definition:—
“ ‘ military aircraft ’ means aircraft of any part of the Defence Force (including any aircraft that is being constructed for any part of the Defence Force), other than any aircraft that is registered under these Regulations as an Australian aircraft;”.
* Notified in the Australian Government Gazette on 16 March 1976.
† 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; 1960, Nos. 21, 96 and 99; 1961, No. 102; 1964, Nos. 61 and 128; 1965, No. 33; 1966, No. 5; 1967, No. 65; 1969, No. 4; 1970, Nos. 21 and 214; 1971, No. 31; 1972, No. 166; 1973, Nos. 182 and 247; 1974, Nos. 36, 54 and 96; 1975, No. 32; and 1976, No. 67.
Overview
The Air Navigation Regulations 1976 were enacted to provide detailed regulations under the Air Navigation Act 1920-1974, thereby ensuring the safe and efficient management of air navigation in Australia. This legislative instrument was introduced to address the need for specific and updated regulatory measures to govern the complexities of modern air navigation, including the operation and control of aircraft within Australian airspace. The Regulations were made by the Governor-General of the Commonwealth of Australia, acting on the advice of the Executive Council, and aim to provide clarity and enforce standards in line with the overarching objectives of the Air Navigation Act. The primary objective of these Regulations is to define and regulate the conduct of air navigation services, including the roles and responsibilities of various entities involved in aviation.
Scope and Application
The Regulations under the Air Navigation Act 1920-1974 apply to the regulation of aircraft and their operations within Australia, specifically focusing on the definition and classification of military aircraft. These Regulations amend the existing Air Navigation Regulations to redefine the term "military aircraft" to include any aircraft of any part of the Defence Force, excluding those registered as Australian aircraft under the regulations. The scope of these Regulations is national, extending across the entire Commonwealth of Australia and impacting any person or entity involved in the operation or classification of aircraft, particularly those related to the Defence Force. The Regulations come into effect on the date specified in the Air Navigation Act 1974, ensuring a synchronised implementation across the Commonwealth. Subordinate instruments may further extend or restrict the application of these Regulations, as deemed necessary by the relevant authorities.
Key Provisions
The key operative sections of these Regulations amend the existing Air Navigation Regulations by altering the definition of "military aircraft" to exclude those aircraft registered under the Regulations as Australian aircraft. This amendment means that the term "military aircraft" now specifically refers to aircraft belonging to any part of the Defence Force, including those under construction, excluding any aircraft that is registered as an Australian aircraft under these Regulations. These Regulations come into operation on the date specified in section 5 of the Air Navigation Act 1974.
The primary obligations imposed by these Regulations are on the definition of terms within the Air Navigation Act. By amending the definition of "military aircraft", these Regulations ensure clarity in the scope of aircraft governed by the Act, distinguishing between Defence Force aircraft and those registered as Australian aircraft. This amendment helps in accurately applying the regulatory framework to the appropriate category of aircraft, thereby enhancing the precision and effectiveness of air navigation regulations.
Any breach of the provisions set out in these Regulations could potentially lead to civil or criminal consequences, depending on the context and the specific provisions of the Air Navigation Act 1920-1974 that the Regulations support. While the Regulations themselves do not specify maximum penalties, the broader Act provides a framework within which penalties for non-compliance can be determined. This includes fines and other sanctions that could be imposed for violations of air navigation rules and regulations. The exact penalties would be in line with the severity of the breach and the specific provisions of the Air Navigation Act.