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Commonwealth legislation
This Act has been repealed and is no longer in force. It is retained for historical reference.
Mechanically, these Regulations create a comprehensive rule‑book for civil aviation in Australia: they set requirements for aircraft registration and marking, airworthiness certificates, crew licences (pilots, navigators, radio and ground engineers), aerodrome and public‑transport licensing, operational safety (including lights, signals and radio), accident investigation, record‑keeping and penalties. They incorporate international Convention Annexes and prescribe inspections, fees and time‑limited certificates.
They affect aircraft owners, operators, crew, aerodrome proprietors and manufacturers. The Board and Minister exercise wide discretion; compliance requires recurring certification, inspections, log‑keeping and exposes holders to suspension, fines or licence forfeiture.
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Direct links to the current provisions in Air Navigation Regulations.
Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.
STATUTORY RULES.
1937. No. 81
REGULATIONS UNDER THE AIR NAVIGATION ACT 1920-1936.*
I, THE DEPUTY OF 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 fourth day of August , 1937.
Deputy of the Governor-General.
By His Excellency’s Command,
AIR NAVIGATION REGULATIONS.
Part I.—Preliminary.
Citation.
Commencement.
2.—(1.) These Regulations, except Part VII., shall take effect on and from the date of notification in the Gazette.
(2.) Part VII. of these Regulations shall take effect on and from the first day of October, 1937.
Parts.
Part I.—Preliminary.
Part II.—Civil Aviation Board.
Part III.—Conditions of flight within Australian Territory.
Division 1.—General.
Division 2.—Conditions as to Safety.
Part IV.—Registration and Marking of Australian Aircraft.
Division 1.—Registration of Aircraft.
Division 2.—Marking of Aircraft.
Part V.—Certificates of Airworthiness.
Part VI.—Certificates of Competency and Licences.
Part VII.—Public Transport Services.
Part VIII.—Log-books.
Part IX.—Wireless Telegraph Apparatus and Operators.
Part X.—Investigation of Accidents.
Part XI.—Aerodromes and Air Beacons.
Part XII.—International Airways.
Part XIII.—Suspension or Cancellation of Licences and Certificates.
Part XIV.—Miscellaneous.
* Notified in the Commonwealth Gazette on ,1937.
3557.—Price 2s.
Repeal.
Definitions.
5.—(1.) In these Regulations, unless the contrary intention appears—
“aerial work aircraft” means aircraft used for an industrial or commercial purpose or any lucrative purpose other than transport of the kind specified in this regulation in the definition of “public transport aircraft”;
“aerodrome” means any definite ground or water area used or intended to be used, either wholly or in part, for the landing or departure of aircraft, and includes the landing area, neutral zone, and building area included within such ground or water area;
“aerodyne” means an aircraft whose support in flight is mainly secured by aerodynamic reactions;
“aeroplane” means a mechanically-driven aerodyne supported in flight by aerodynamic reactions on wings remaining fixed in course of the same condition of flight; “aerostat” means an aircraft whose support in flight is mainly secured by its buoyancy in air;
“aircraft” means any machine which can support itself in the atmosphere from the reactions of the air upon it, and includes balloons, whether fixed or free, airships, gyroplanes, aeroplane, and, except in Parts IV. and V., gliders and kites;
“airship” means a mechanically-driven aerostat with means of directional control;
“amphibian” means an aeroplane capable normally of taking off from and alighting on either land or water;
“approved” means approved by the Board;
“Australian territory” includes the Commonwealth and the Territories, the territorial waters of the Commonwealth and of the Territories, and the air space above such territory and territorial waters;
“authorized” means authorized by the Board;
“balloon” means an aerostat, either captive or free, non-mechanically-driven;
“Contracting State” means any State which is for the time being a party to the Convention;
“glider” means a non-mechanically-driven aerodyne supported in flight by aerodynamic reactions on surfaces remaining fixed under the same condition of flight;
“kite” means a glider normally moored to the ground;
“licensed” means licensed under these Regulations;
“major damage” in relation to an aircraft means—
(a) the fracture or distortion of any structurally important member of the airframe or controls;
(b) the fracture or bending of an airscrew; or
(c) the failure of any functionally important part of an engine or of its essential accessories;
“military aircraft” means naval, military or air force aircraft, and includes any aircraft commanded by a person in the naval, military or air force service who is detailed to command the aircraft;
“Notices to Airmen” means notices sent by the Board from time to time to persons who hold licences issued under these Regulations;
“operating crew,” in relation to any aircraft, includes every person acting as commander, pilot, navigator, radio operator or flight engineer, and also includes the stewards and stewardesses of the aircraft;
“passenger” means any person carried for hire or reward in any aircraft, and includes any person actually carried in a public transport aircraft, other than members of the operating crew, licensed ground engineers and persons authorized to inspect aircraft or investigate matters connected with the operation thereof;
“private aircraft” means aircraft used for purposes other than those specified in this regulation in the definitions of “aerial work aircraft” and “public transport aircraft”; “prohibited area” means any area declared by the Minister, by notice in the Gazette, to be a prohibited area for the purposes of these Regulations;
“proprietor of an aerodrome” includes any person responsible for the management of an aerodrome;
“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 an air transport undertaking;
“public transport service” means a service for the carriage of persons or goods for hire or reward;
“registered” means registered under these Regulations;
“seaplane” means an aeroplane capable normally of taking off from and alighting on water;
“serious injury” means an injury sustained by any person which is certified to be serious by a duly qualified medical practitioner;
“the Board” means the Civil Aviation Board constituted under these Regulations;
“the Convention” means the Convention relating to the Regulation of Aerial Navigation signed in Paris on the thirteenth day of October, One thousand nine hundred and nineteen, and includes any amendments of the Convention made under article thirty-four thereof;
“the Minister” means the Minister of State for Defence, and includes any Minister or member of the Executive Council for the time being acting for or on behalf of such Minister;
“the Secretary” means the Secretary to the Board, and includes any officer authorised for the time being to perform the duties of the Secretary;
“wireless telegraph apparatus” includes any apparatus for transmitting or receiving telegraphic or telephonic messages by means of electricity without a continuous metallic connexion between the transmitter and the receiver.
(2.) For the purposes of these Regulations—
(a) an aircraft shall be deemed to possess the nationality of the Contracting State on the register of which it is entered; and
(b) an aircraft registered in pursuance of these Regulations shall be deemed to be an Australian aircraft.
Application of Regulations.
6.—(1.) The provisions of these Regulations, other than these contained in the First Schedule, shall apply to—
(a) international air navigation within Australian territory,
(b) air navigation in relation to trade and commerce with other countries and among the States,
(c) air navigation within the Territories,
and to aircraft engaged in such navigation and aerodromes open to public use by such aircraft.
(2.) The rules contained in the First Schedule to these Regulations shall apply to—
(a) all air navigation within Australian territory,
(b) all aircraft engaged in such navigation, and
(c) all aerodromes in Australian territory which are open to public use,
and shall apply to Australian aircraft when engaged in air navigation outside Australian territory.
(3.) Notwithstanding the preceding provisions of this regulation—
(a) these Regulations shall not apply to Australian military aircraft or Royal Australian Air Force aerodromes, and
(b) Parts IV., V., VI., VIII. and XIII. of these Regulations shall not apply to foreign aircraft.
Delegation by Minister or the Board.
7.—(1.) The Minister may, by writing under his hand, delegate any of his powers or functions under these Regulations (except this power of delegation) in relation to any matter or class of matters, so that the delegated powers or functions may be exercised by the delegate with respect to the matter or class of matters specified in the instrument of delegation.
(2.) The Board may by writing signed by the members of the Board, delegate any of its powers or functions under these Regulations (except this power of delegation) in relation to any matter or class of matters, or in relation to any part of the Commonwealth or of a Territory, so that the delegated powers or functions may be exercised by the delegate with respect to the matter or class of matters, or the part of the Commonwealth or Territory, specified in the instrument of delegation.
(3.) Every delegation under this regulation shall be revocable at will, and no delegation shall prevent the exercise of any power or function by the Minister or the Board, as the case may be.
Part II.—Civil Aviation Board.
Constitution of Civil Aviation Board.
The Controller-General of Civil Aviation;
The Controller of Operations, Civil Aviation;
The Controller of Ground Organization, Civil Aviation;
and a Finance Member appointed by the Minister.
Powers and functions of the Board.
9.—(1.) The Board shall, subject to the directions of the Minister, be charged with the administration of these Regulations, and shall exercise and perform such powers and functions as are conferred on the Board by these Regulations.
(2.) The Board shall maintain case liaison with the Air Board in matters of common interest.
Chairman of the Board.
10.—(1.) The Controller-General of Civil Aviation shall be the Chairman of the Board.
(2.) The Minister may appoint a member of the Board as Deputy Chairman and, in the event of the absence of the Chairman from any meeting, that member shall act as Chairman.
Secretary to the Board.
Meetings of the Board.
12.—(1.) Tire meetings of the Board shall be held at such times and places as the Board determines, and meetings of the Board may be summoned at any time by the Minister or by the Chairman, or, in the absence of the Chairman, by the Deputy Chairman.
(2.) At all meetings of the Board, three members of the Board shall form a quorum.
Attendance of technical advisers.
Distribution of duties to members of Board.
14.—(1.) The Minister may, from time to time, assign duties to each member of the Board.
(2.) In assigning duties to members, the Minister shall have regard to the following principles:—
(a) Matters relating to civil aviation policy, the administration of Commonwealth civil aviation legislation, international conventions relating to air navigation, and the development of new air transport services and other civil aviation activities shall be assigned to the Controller-General of Civil Aviation;
(b) Matters relating to air transport services and aero clubs, the control of aviation activities (including the licensing of persons to act as members of the operating crew of aircraft, the issue of certificates of airworthiness and the inspection of aircraft), liaison with the Air Force on matters of common interest, and wireless and meteorological facilities shall be assigned to the Controller of Operations, Civil Aviation;
(c) Matters relating to the selection, acquisition and maintenance of landing grounds and buildings and the execution and supply of works and services in connexion therewith the lighting of air routes and the preparation of route maps shall be assigned to the Controller of Ground Organization, Civil Aviation;
(d) Financial matters, including the control of, and accounting for, expenditure, the preparation of estimates of receipts and expenditure for the information of Parliament, and the review of proposals for new expenditure shall be assigned to the Finance Member.
(3.) Any member to whom duties are assigned under this regulation may determine all matters which fall within the duties so assigned and are declared by the Board to be matters of routine.
Decisions of the Board or members thereof.
15.—(1.) The decisions of the Board, and the decisions of individual members on important subjects, shall be signed by the Secretary to the Board and shall be promulgated in such manner as the Board directs.
(2.) A copy of every decision and recommendation made by the Board at any meeting shall be sent, immediately after the meeting, to the Minister and to the Secretary to the Department of Defence.
Consideration of matters by the Minister.
(a) any matters for which the approval of the Minister is required by legislation;
(b) any matters in respect of which the members of the Board are divided in opinion, or which, for any other reason, the Board considers it desirable to refer to the Minister; and
(c) such other matters as the Minister directs.
Part III.—Conditions of Flight within Australian Territory.
Division 1.—General.
General conditions of flying.
17.—(1.) An aircraft to which these Regulations apply shall not fly within Australian territory unless—
(a) it is registered and has a nationality mark and registration mark painted on or affixed to it in accordance with the requirements of Annex A to the Convention;
(b) it is certified as airworthy in accordance with the conditions set forth in Annex B to the Convention, and complies with the conditions of its certificate of airworthiness;
(c) it complies with the conditions contained in Annex E to the Convention in respect of the number and description of and the holding of certificates of competency and licences by, the operating crew;
(d) it carries the documents specified in regulation 18 of these Regulations; and
(e) it complies with the rules contained in the First Schedule to these Regulations:
Provided that—
(i) paragraphs (a), (b) and (d) of this sub-regulation shall not apply to aircraft flown, in accordance with the permission and directions of the Board, for the purpose of experiment or test only, within 3 miles of a licensed aerodrome or an approved aerodrome; and
(ii) paragraph (c) of this sub-regulation, in so far as it relates to the licensing of the pilot, shall not apply within 3 miles of a licensed aerodrome or an approved aerodrome, in the case of a person making practice flights necessary for the purpose of qualifying for the issue or renewal of a pilot’s licence or undergoing official tests for tha
This is an opening excerpt, not the complete document.