STATUTORY RULE S.
1939. No.
REGULATIONS UNDER THE AIR NAVIGATION ACT
1920-1936.*
T THE GOVERNOR-GENERAL in and over the Commonwealth
k, 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
day of
, 1939.
Governor-General.
By His Excellency's Command,
for an on behalf/of the Minister of State for Civil Aviation.
AMENDMENTS OE THE AIR NAVIGATION REGULATIONS
1. The Air Navigation Regulations are amended—
(a) by omitting the word " Board " (wherever occurring, except
in regulations 5, 7 to 16 (inclusive), 22, 44, 114, 115, 117,
119 and 136, and except in rule 42 in the First Schedule)
and inserting in its stead the - word "Director-General ";
and
(5) by omitting the word " Secretary " (wherever occurring,
except in regulations 5, 11, 15, 114, 117 and 136) and
inserting in its stead the word "Director-General ".
2. Regulation 3 of the Air Navigation Regulations is amended by
omitting the words " Civil Aviation Board " and inserting in their
stead the words " The Director-General of Civil Aviation ".
3. Regulation 5 of the Air Navigation Regulations is amended
(a) by omitting the word " Board " (first, second and third
occurring) and inserting in its stead the word " DirectorGeneral "; and
(5) by omitting the definition of " the Board ";
(c) by inserting after the definition of " the Convention " the
following definition:—
" `the Director-General ' means the Director-General
of Civil Aviation and includes any person holding
office as Acting Director-General of Civil
Aviation;";
* No Comm
onwealt Gazette on
,, 1939.
t Statutory Rules 1937, No. 81, as amended by Statutory Rules 1938, No. 10939.—PRICE
6733. - 8/10.1.1 939. — PlucE 3D.
General
amendments.
Parts.
Definitioonwealth
2
(d) by omitting from the definition of "the Minister" the word
" Defence " and inserting in its stead the words " Civil
Aviation "; and
(e) by omitting the definition of " the Secretary ".
4.
Regulation 7 of the Air Navigation Regulations is amended—
(a) by omitting I rom sub-section ( 2. ) the words " The Board
may, by writing signed by the members of the Board, delegate any of its " and inserting in their stead the words
" The _Director-General may, by writing under his hand,
delegate any of his"; and
(t;) by omitting from sub-regulation (3.) the word " Board "
and inserting in its stead the word " Director-General ".
t ilietti on. by
lfir eiCto"Ir- ol
5. Part II. of the Air Navigation Regulations is repealed and
the following Part inserted in its stead:
" PART
DIRECTOR-GENERAL
OF CIVIL AVIATION.
There shall be a Director-General of Civil Aviation who
"
shall, subject to the directions of the Minister, be charged with the
administration of these Regulations, and shall exercise and perform
the powers and functions conferred on the Director-General by these
Regulations.
(2.) The Director-General shall maintain close liaison with the
Air Board in matters of common interest.".
Dhea„r.
A
Cfeviiio
aetrial I Civil
6.
not to
Regulation 22 of the Air Navigation Regulations is amended— Articles
be dropped from
(a) by omitting the word " Board" and inserting in its stead aircraft.
the word " Director-General"; and
(b) by omitting the word " it " and inserting in its stead the
word " he ".
7.
Regulation 44 of the Air _Navigation Regulations is amended—
(a) by omitting the word " Board" (wherever occurring) and
inserting in its stead the word " Director-General";
and
(b) by omitting from paragraph (b) of the proviso the word
" it " and inserting in its stead the word. " he ".
Conditions of
certificates of
airworthiness.
8.
Regulation 114 of the Air Navigation Regulations is amended—
(a) by omitting the word "Board " (wherever occurring) and
inserting in its stead the word " Director-General '';
(b) by omitting from sub-regulation (1.) the word " it " and
inserting in its stead the word " he " ; and
(c) by omitting sub-regulation (7.) and inserting in its stead
the following sub-regulation:—
" (7.) The Director-General shall forthwith forward
notice in writing of his decision to the holder of the licence
or certificate.".
Suspension or
cancellation of
licences and
certificates.
3
9. Regulation 115 of the Air Navigation Regulations is amended—
(a) by omitting the word " Board's " and inserting in its stead
the word " Director-General's "; and
(5) by omitting paragraph (a) and inserting in_ its stead the
following paragraph :" (a) the Director-General or an officer of the
Department of Civil Aviation nominated by
him (who shall act as Chairman) ;".
APPlication for
reference of
snspension or
cancellation to
Appeal Board.
10. Regulation 117 of the Air Navigation Regulations is amended-- Con,ideration of
unestion of
(a) by omitting from sub-regulation (1.) the word " Secretary " suspension or
and inserting in its stead the word " Director-General "; t.A11)`r`,',;:a
(5) by omitting from sub-regulation (3.) the words " Civil
Aviation Board " and inserting in its stead the word
" Director-General "; (c) by omitting from sub-regulation (3.) the words " that
Board " and inserting in their stead the words " the
Director-General "; and
(d) by omitting from sub-regulations (6.) and (7.) the words
" the Board " (wherever occurring) and inserting in
their stead the words " the Director-General ".
11. Regulation 119 of the Air Navigation Regulations is amended-- Liabilit y for
claims arising
(a) by omitting the word " Board " (first occurring.) and can ccllation or
inserting in its stead the word " Director-General "; suspension of
certificates.
and
(b) by omitting, the words "by the Board ".
12. Regulation 136 of the Air Navigation Regulations is amended
(a) by omitting from sub-regulation (1.) the word "Secretary "
and inserting in its stead the word " Director-General ";
and
(5) by omitting from sub-regulation (2.) the words " Secretary
to the Civil Aviation Board " and inserting in their stead
the words "Director-General ".
Proof of
certificates and
Mlattku es in
proceedings.
13. Rule 42 in the First Schedule to the Air _Navigation Regulations First setimuie,
rule A.L:,
is amended—
(a) by omitting from sub-rule (2.) the word " Board " and
inserting in its stead the word " Director-General ";
and
(I)) by omitting from that sub-rule the word " Board's " and
inserting in its stead the word " Director-General's ".
14. Without prejudice to the effect of section 50 of the Acts Continuation of
certificates,
Interpretation Act 19011-1937
licences etc.
(a) all certificates, notices and licences issued under the Air
Navigation Regulations and in force prior to the date of
commencement of these Regulations shall, subject to the
Air Navigation Regulations as amended by these Regulations, continue in force; and
4
(b) anything done, or purporting to have been done, by or in
relation to the Civil Aviation Board, or by the Secretary
to that Board, under the Air Navigation Regulations
prior to the date of commencement of these Regulations,
and any requirement made 4 or purporting to have been
made, or direction or authority given, or purporting to
have been given, by that Board under those Regulations
prior to that date shall have full force and effect.
15. The provisions of regulation 136 of the Air Navigation Regulations, as in force prior to the date of commencement of these Regulations„ shall apply m relation to any certificate, notice or other document
issued, made or given prior to that date and bearing the written,
stamped or printed signature of the person who occupied the position
Secretary to the Civil Aviation Board.
By Authority: L. F. JonNsroN, Commonwealth Government Printer, Canberra.
of