Air Navigation Regulations (Amendment)

Legislation au C1946L00051 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1946. No. 51.

 

REGULATIONS 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 Regulations under the Air Navigation Act 1920-1936.

Dated this sixth day of March, 1946.

HENRY

Governor-General.

By His Royal Highness’s Command,

NORMAN J. O. MAKIN

for Minister of State for Civil Aviation.

__________

Amendments of the Air Navigation Regulations.†

Definitions.

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

(a) by omitting the definition of “public transport aircraft” and inserting in its stead the following definition:—

“‘public transport aircraft’ means all aircraft used for carrying persons or things for a remuneration of no matter what nature, or even without remuneration if the transport is effected by a person engaged in the business of carrying persons or things for hire or reward;”; and

(b) by inserting, after the definition of “registered”, the following definition:—

“‘regular public transport service’ means a public transport service which is operated on two or more occasions within any period of four weeks between any two places;”.

2. Regulation 79 of the Air Navigation Regulations is repealed and the following regulation inserted in its stead:—

Licensing of public transport aircraft.

“79.—(1.) Except as provided in the next succeeding sub-regulation, aircraft shall not be used by any person in the operation of a regular public transport service except under the authority of, and in accordance with, a licence (in these Regulations referred to as ‘an air-line licence’) issued to that person by the Director-General.

* Notified in the Commonwealth Gazette on 7th March, 1946.

† Statutory Rules 1937, No. 81, as amended by Statutory Rules 1938, No. 104; 1939, Nos. 2 and 122; 1940, Nos. 25, 155 and 162; and 1941, No. 16.

780.—Price 3d.


“(2.) The Director-General may, if he considers the particular circumstances of the case so warrant, exempt a person who proposes to operate a service which would constitute a regular public transport service from the necessity of obtaining an air-line licence and may approve of the operation of the service subject to such conditions as the Director-General considers necessary.

“(3.) An applicant for an air-line licence or an applicant for exemption under the last preceding sub-regulation shall furnish such information in relation to the proposed service as the Director-General requires.

“(4.) Where the proposed service is an interstate service, the Director-General shall, if satisfied as to the safety of the proposed service, issue an air-line licence, subject 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.

“(5.) Where the proposed service is other than an interstate service the Director-General may issue an air-line licence upon such conditions, in addition to compliance with these Regulations, as the Director General considers necessary or may refuse to issue a licence.

“(6.) Subject to Part XIII. of these Regulations, an air-line licence shall remain in force for a period of one year from the date of issue, and may, from time to time, be renewed by the Director-General for a further period not exceeding one year.

“(7.) In any proceedings for an offence against this regulation, it shall be prima facie evidence that an aircraft was used in the operation of a regular public transport service if it is proved—

(a) that an announcement was made by public notice, newspaper advertisement or broadcast statement, to the effect that it was proposed to operate a service for the carriage of persons or goods by air for hire or reward or to the like effect; and

(b) that the service was subsequently in operation on two or more occasions within any period of four weeks between any two places, and that the aircraft was used in that service.

“(8.) In this regulation, ‘interstate service’ means a service having scheduled stopping places in two or more States of the Commonwealth.”.

Carriage of wireless apparatus on aircraft.

3. Regulation 89 of the Air Navigation Regulations is amended by omitting sub-regulation (3a.).

________________

By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.

Overview

The Statutory Rules of 1946, No. 51, made under the Air Navigation Act 1920-1936, address the need for updated regulations concerning the licensing of aircraft used in regular public transport services and the carriage of wireless apparatus on aircraft. Enacted by the Governor-General, acting on the advice of the Federal Executive Council, these regulations were intended to refine the existing framework for air navigation safety and service standards. The policy objective is to ensure the safety and regulation of air transport services, particularly focusing on the licensing of aircraft used for public transport services and the operational standards for wireless apparatus on aircraft. This legislative instrument reflects a response to the evolving needs of the aviation industry and the necessity to maintain stringent safety and operational standards in the post-war era.

Scope and Application

The Statutory Rules 1946, No. 51, issued under the Air Navigation Act 1920-1936, delineate specific regulations governing the use of aircraft in the operation of public transport services, which include both interstate and intrastate services. These regulations apply to any person or entity intending to operate such services, necessitating the acquisition of an air-line licence from the Director-General, with certain exemptions possible under specific conditions. The Act operates within the national jurisdiction of Australia, ensuring that all air transport services adhere to safety standards and regulatory compliance. Notably, the Act does not specify exclusions or thresholds for its application but allows the Director-General to set conditions for licensing, including the capacity to exempt certain services under particular circumstances. Subordinate instruments may extend or modify these regulations, allowing for further adjustments to the licensing and operational requirements as deemed necessary by the Director-General.

Key Provisions

The principal operative sections of the Statutory Rules 1946 No. 51, which amends the Air Navigation Regulations under the Air Navigation Act 1920-1936, include significant changes to the definition of "public transport aircraft" and the introduction of a new definition for "regular public transport service" (Regulation 1). It also modifies the licensing requirements for public transport aircraft by introducing "air-line licences" for regular public transport services and allows for exemptions under specific conditions (Regulation 79). Furthermore, it removes the requirement for carrying wireless apparatus on aircraft (Regulation 89). These Regulations impose several obligations and requirements on the parties involved. Firstly, any person intending to operate a regular public transport service must obtain an air-line licence from the Director-General unless exempted (Regulation 79(1)-(2)). Applicants for such a licence or exemption must provide the necessary information as required by the Director-General (Regulation 79(3)). For interstate services, the Director-General must issue an air-line licence if satisfied with the safety of the proposed service, subject to additional conditions (Regulation 79(4)). For other services, the Director-General may issue a licence with conditions or refuse it (Regulation 79(5)). Air-line licences are initially valid for one year and can be renewed for additional periods not exceeding one year (Regulation 79(6)). Additionally, the Regulations clarify the circumstances under which an aircraft is considered to be operating a regular public transport service, which is relevant in legal proceedings (Regulation 79(7)). The Regulations also require that any announcements regarding the operation of a public transport service must be made as specified (Regulation 79(7)). Failure to comply with these Regulations can lead to various civil and criminal consequences. Under Regulation 79, using an aircraft for a regular public transport service without the required licence or exemption constitutes an offence. If it is proven that such an announcement was made and the service was subsequently operated, it shall be prima facie evidence of the offence (Regulation 79(7)). The specific penalties for these offences are not detailed within these Regulations but would be determined under the broader legal framework of the Air Navigation Act 1920-1936. The omission of the requirement to carry wireless apparatus on aircraft (Regulation 89) also removes a previous compliance requirement, potentially reducing obligations for aircraft operators.

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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.