Part 1 Preliminary
1 Name of Regulations [see Note 1]
These Regulations are the Air Navigation Regulations 1947.
2 Commencement
These Regulations shall come into operation on the tenth day of August, 1947.
3 Definitions for regulations
(1) In these Regulations, unless the contrary intention appears:
agreement means the Air Transit Agreement or another agreement or arrangement referred to in paragraph 13 (3) (b) of the Act.
airline means the operator of a regular public transport service.
approved means approved by the Secretary.
approved timetable means:
(a) a timetable approved under paragraph 21 (1) (a) or (b); or
(b) if a timetable referred to in paragraph (a) is varied under subregulation 22 (1) or (3) — the timetable as varied.
authorized means authorized by the Secretary or by a person, or a person included in a class of persons, appointed by the Secretary to give the authority concerned.
authorized person, for the purposes of a provision in which that expression occurs, means:
(a) a person appointed under regulation 7 to be an authorized person for the purposes of that first‑mentioned provision; or
(b) a person included in a class of persons appointed under regulation 7 to be authorized persons for the purposes of that first‑mentioned provision.
cargo means property carried on board an aircraft other than stores, baggage or carry‑on luggage.
carry‑on luggage means an article or possession of an aircraft passenger or crew member that is intended to be accessible to the passenger or crew member while the aircraft is in flight.
code sharing has the same meaning as in section 4 of the International Air Services Commission Act 1992.
Commonwealth aircraft means an aircraft, other than a military aircraft, that is in the possession or under the control of the Commonwealth or an authority of the Commonwealth or is being used wholly or principally for a purpose of the Commonwealth.
constable has the same meaning as in the Crimes Act 1914.
Director means the holder, from time to time, of the office of Director of Air Safety Investigation in the Department.
foreign aircraft means an aircraft registered:
(a) in a Contracting State or in a foreign country other than a Contracting State; or
(b) under a joint registration plan or an international registration plan.
foreign country, in relation to an airline, means any country:
(a) in which the airline is incorporated; or
(b) in which the airline has its place of business; or
(c) in which any aircraft belonging to the airline is registered; or
(d) the government of which directly or indirectly controls the airline; or
(e) of which the airline is a designated airline for the purposes of the relevant agreement.
grant, in relation to a licence, means grant of the licence, either by way of initial issue or by renewal from time to time.
holder, in relation to a licence granted or issued under these Regulations, means a person to whom the licence has been granted or issued.
infringement notice means a notice issued under regulation 133.
infringement notice offence means an offence that is declared by a provision of these Regulations to be an infringement notice offence.
International Air Services Commission means the body established under section 6 of the International Air Services Commission Act 1992.
licensed means licensed under these Regulations.
licensed international airline means an airline holding a licence referred to in section 12 of the Act.
private aircraft means an aircraft employed in private operations.
private operation means an operation of an aircraft that is not:
(a) a regular public transport operation; or
(b) a charter operation.
public transport service means a service for the carriage of persons or cargo for hire or reward.
registered means registered under the Civil Aviation Regulations 1988.
relevant agreement, in relation to a particular scheduled international air service, means an agreement that governs the service.
relevant authority, in relation to a licence holder and a scheduled international air service operated by the licence holder, means the government or an authority of a foreign country that:
(a) has regulatory oversight of the licence holder; and
(b) is a signatory to the relevant agreement.
State includes the Northern Territory.
stores, in relation to an aircraft, means items properly for use, sale or consumption on board the aircraft in flight.
tariff means:
(a) the price for the carriage of passengers, baggage or cargo, other than mail; and
(b) the conditions governing the availability of the price.
Territory does not include the Northern Territory.
the Act means the Air Navigation Act 1920.
the Convention means the Chicago Convention, as amended by the Protocols referred to in subsection 3A (2) of the Act and includes any Annex to the Convention relating to international standards and recommended practices (being an Annex adopted in accordance with the Convention) and the Air Transit Agreement.
the Council means the Council of the International Civil Aviation Organization.
timetable, in relation to a scheduled international air service, includes:
(a) the route of the service; and
(b) the times of departure from, and arrival at, each terminal and intermediate stopping place on the route; and
(c) the frequency of the service; and
(d) the capacity on all or part of the route of the service concerned; and
(e) the type of aircraft operating on all or part of the route of the service concerned.
(2) Unless the contrary intention appears, any reference in these Regulations to the classification of a particular aircraft shall be read as a reference to the classification of the aircraft, according to function, as a private aircraft, charter aircraft or regular public transport aircraft, as the case may be, and any reference to a division of aircraft into classes shall have a corresponding meaning.
(3) Any reference in these Regulations to the owner of an aircraft, shall, where under a contract of hire or charter agreement the control, maintenance and operation of the aircraft is vested in the hirer, be read as a reference to the hirer.
(4) For the purposes of these Regulations, any reference to endorsement in a licence or other document shall be read as a reference to endorsement on the document, and matter shall be deemed to be endorsed on a document if it is written on any part of the document.
4 References in documents to renumbered provisions
A reference in a document (including an identification card) to a provision of these Regulations by the number it had immediately before 29 March 1999 is a reference to the provision by its number after renumbering.
5 What is a weapon?
For the purposes of paragraph (b) of the definition of weapon in subsection 3 (1) of the Act, except for the purposes of screening and clearing items of checked baggage, a thing described in column 2 of an item in Schedule 1 is a weapon.
6 Application of Regulations
(1) Subject to these Regulations, these Regulations apply to and in relation 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;
(d) air navigation to or from the Territories;
(e) air navigation in which a Commonwealth aircraft is engaged;
(f) on and after such date as is fixed by the Minister for the purposes of this paragraph by notice in the Gazette, all air navigation within Australian territory of a kind not specified in paragraph (a), (b), (c), (d) or (e) of this subregulation.
(2) Except where otherwise prescribed, the provisions of these Regulations shall apply to and in relation to Australian aircraft engaged in air navigation outside Australian territory.
(3) Subject to these Regulations, these Regulations do not apply to or in relation to State aircraft or to an airport under the control of any part of the Defence Force.
Part 2 Administration and organization
7 Authorised persons and officers
(1) The Secretary may, by instrument in writing:
(a) appoint a person to be an authorized person for the purposes of a provision of these Regulations in which the expression authorized person occurs; or
(b) appoint persons included in a class of persons to be authorized persons for the purposes of a provision of these Regulations in which the expression authorized person occurs; or
(c) authorise an officer of the Department to exercise a power under these Regulations.
(2) An appointment under subregulation (1) may be made subject to such conditions as are specified in the instrument of appointment.
8 Delegation
(1) The Minister may delegate to an officer of the Department or a member of the staff of the Authority, by writing signed by him or her, any of the functions or powers of the Minister under these Regulations, other than this power of delegation.
(2) The Secretary may delegate to an officer of the Department or a member of the staff of the Authority, by writing signed by him or her, any of the functions or powers of the Secretary under these Regulations, other than this power of delegation.
Part 3 Airports and facilities and services
9 Establishment of airports and air route and airway facilities
(1) The Minister may:
(a) establish, provide, maintain and operate airports; and
(b) alter, abolish, remove or add to any airport so established or provided.
(2) Airports established or provided in pursuance of this regulation shall be under the control and management of the Secretary who may, subject to these Regulations, determine the conditions of the use thereof.
(3) The Minister may determine whether any airport established in pursuance of this regulation shall be open to public use.
10 Use of airports etc
The Secretary may, in relation to any airport:
(a) established or provided under this Part;
(b) licensed or authorized under the Civil Aviation Regulations 1988; or
(c) to which an arrangement under section 20 of the Civil Aviation Act 1988 applies;
issue such directions as the Secretary considers necessary to ensure compliance with the standards, recommended practices and procedures adopted from time to time in pursuance of the Convention.
11 Protection of certain rights
Nothing in these Regulations shall be construed as conferring on any aircraft, as against the owner of any land or any person interested therein, the right to alight on that land, or as prejudicing the rights or remedies of any person in respect of any injury to persons or property caused by the aircraft.
Part 4 Statistical returns
12 Statistical returns
(1) The holder of the certificate of registration of an aircraft under the Civil Aviation Regulations 1988, or the operator of an aircraft, must give to the Secretary, or to an authorised officer, statistical returns or other information that the Secretary requests:
(a) relating to:
(i) the aircraft; or
(ii) passengers or goods carried on the aircraft; or
(iii) work performed using the aircraft; or
(iv) flights made by the aircraft; and
(b) that the holder or the operator:
(i) has in his, her or its possession; or
(ii) is reasonably able to obtain.
(2) An airline, or the owner of an aircraft engaged in a public transport service, which uses any airport maintained and operated by the Minister in pursuance of regulation 9 shall furnish to the Secretary, or to an authorized officer, such traffic reports, cost statistics and financial statements, showing, amongst other things, all receipts and the sources thereof as the Secretary from time to time requires.
(3) The Secretary or any other person shall not divulge or communicate any information furnished under subregulation (1) or (2) that discloses particulars of the business or financial dealings or position of any person or organization whose name or title is stated in or can be inferred from the information divulged or communicated, except:
(a) in the course of duty to another person performing duties under these Regulations;
(b) with the consent of the person who has given the Secretary the information; or
(c) under subregulation (4).
(4) In accordance with Article 67 of the Convention, the Secretary shall transmit to the Council of the International Civil Aviation Organization such of the particulars supplied in accordance with subregulation (2) as relate to the international operations of Australian airlines engaged in such operations.
(5) The operator of an aircraft must give to the Secretary, or to an authorised officer, the statistical returns or other information that:
(a) the Secretary requests about items detected during screening; and
(b) the operator:
(i) has in his, her or its possession; or
(ii) is reasonably able to obtain.
(6) An airport operator must give to the Secretary, or to an authorised officer, the statistical returns or other information that:
(a) the Secretary requests about aviation security at the airport; and
(b) the operator:
(i) has in his, her or its possession; or
(ii) is reasonably able to obtain.
(7) A person who is required to give information under this regulation to the Secretary or an authorised officer must not give false or misleading information to the Secretary or authorised officer for the purposes of the provision.
Penalty: 10 penalty units.
(8) A person who is required to give information under this regulation to the Secretary or an authorised officer must give the information:
(a) within the period set out in the request for the information; or
(b) if a period is not set out in the request — within a reasonable period after the person receives the request.
Penalty for a contravention of this subregulation: 1 penalty unit.
Part 5 Conditions of flight
Division 1 General
13 Ticket to be produced on demand
A passenger on an aircraft arriving in, or departing from, Australian territory shall, on demand by an authorized person, produce his ticket for inspection by the authorized person.
14 Carriage and use of photographic apparatus
(1) The Minister may, by order published in the Gazette, prohibit the carriage or use of cameras or other photographic apparatus or material in aircraft, or in aircraft included in a specified class of aircraft, while flying over Australian territory or an area of Australian territory specified by reference to its boundaries:
(a) either absolutely; or
(b) unless the camera or other photographic apparatus or material is so carried that passengers do not have access to it during flight.
(2) A person shall not have in his possession, carry or use a camera or other photographic apparatus or material in contravention of an order issued under subregulation (1).
(3) The pilot in command of an aircraft shall ensure that a camera or other photographic apparatus or material is not carried or used in contravention of an order issued under subregulation (1).
Part 6 Air service operations
Division 1 Licensing of scheduled international air services
15 Purpose
This Division is made for the purposes of section 13 of the Act.
16 Applying for a licence
(1) A person (the applicant) may apply in writing to the Secretary for the granting of a licence in relation to a scheduled international air service (an international airline licence).
(2) Except as provided in subregulation (4) and regulation 16A, the application must include the following:
(a) the applicant’s name and address;
(b) the applicant’s contact telephone number in Australia;
(c) if the applicant is a corporation:
(i) if it is incorporated in Australia — its ACN number; and
(ii) if it is not incorporated in Australia — its business registration details; and
(iii) evidence of the place at which it was incorporated, or has its corporate headquarters; and
(iv) evidence of its corporate existence; and
(v) if paragraph (d) does not apply to the applicant — evidence of its ownership and control arrangements;
(d) if the applicant is an airline of a foreign country and is subject to principal place of business arrangements under a relevant agreement operating between the country and Australia — evidence of one or more of the following:
(i) substantial operations and capital investment in facilities of the corporation in the foreign country;
(ii) payment of tax by the corporation in the foreign country;
(iii) registration of the corporation’s aircraft in the foreign country;
(iv) a substantial proportion of the corporation’s employees being citizens of the foreign country;
(e) evidence of insurance coverage for the scheduled international air service in relation to the following:
(i) passenger liability;
(ii) third party liability;
(iii) cargo and baggage liability;
(iv) injury and loss as a result of active hostilities or civil unrest;
(f) a copy of the relevant Air Operator’s Certificate for the scheduled international air service that has been issued under Division 2 of Part III of the Civil Aviation Act 1988;
(g) evidence of the relevant transport security program for the scheduled international air service approved under Part 2 of the Aviation Transport Security Act 2004;
(h) if the applicant is an Australian carrier under section 4 of the International Air Services Commission Act 1992 —details of the applicant’s capacity, as allocated by the International Air Services Commission;
(i) details of the scheduled international air services that are to be covered by the licence, including the type of aircraft to be used for each service;
(j) any other information relating to the application that the Secretary, in writing, requests.
(3) Each person proposing to engage in a code sharing service must make an application under this regulation in relation to that service.
(4) However, if the applicant is applying for an international airline licence only in relation to a code sharing service, the following apply to the applicant:
(a) the application does not need to include the information in paragraphs (2) (f) and (g);
(b) the application must include details of the international airline the applicant intends to operate a code sharing service with.
(5) If the Secretary makes a request to the applicant for information under paragraph (2) (j), the Secretary may refuse to make a decision on the application until the applicant provides the requested information.
16A Existing licences
An applicant is not required to include in the application the information in paragraphs 16 (2) (c) to (i) if:
(a) at the time of the commencement of this regulation the applicant:
(i) holds an international airline licence; and
(ii) has held the licence continuously for two years or less; and
(b) the applicant gives the Secretary a compliance declaration in the form published under regulation 18F.
17 Matters to be taken into account
In making a decision on the application, the Secretary may take into account:
(a) anything in the application or in any other document submitted by the applicant to the Secretary; and
(b) any other matter the Secretary considers relevant.
17A Granting a licence
(1) The Secretary must make a decision on the application.
(2) The Secretary may grant an international airline licence to an applicant for the operation of a scheduled international air service specified on the licence.
(3) If the Secretary grants a licence, the Secretary must do so in the approved form.
(4) The Secretary may approve a form for the purpose of subregulation (3).
(5) If the Secretary decides to grant the licence, the Secretary may do so subject to conditions.
18 Refusal to grant a licence
If the Secretary decides not to grant an applicant an international airline licence, the Secretary must give the applicant notice in writing about the decision within 14 days after making the decision.
18A Duration of licence
(1) A licence granted under regulation 17A commences on the day specified in the licence.
(2) The licence continues in force until suspended or cancelled under regulation 18E or at the request of the licence holder.
18B Licence conditions
(1) The following conditions apply to an international airline licence:
(a) the licence holder must continue to maintain a contact telephone number in Australia;
(b) the licence holder must provide to the Secretary a compliance declaration form in accordance with regulation 18G;
(c) if the Secretary gives the licence holder a written notice under subregulation 18G (3) or otherwise requests in writing, the licence holder must provide the following documents to the Secretary:
(i) if the licence holder is a corporation — current evidence of its corporate existence;
(ii) current evidence of the insurance coverage mentioned in paragraph 16 (2) (e);
(iii) a copy of the Air Operator’s Certificate mentioned in paragraph 16 (2) (f);
(iv) current evidence of the transport security program mentioned in paragraph 16 (2) (g);
(d) the licence holder must comply with the following:
(i) the Act;
(ii) these Regulations;
(iii) the Air Navigation (Aircraft Noise) Regulations 1984;
(iv) the Civil Aviation Act 1988;
(v) the Regulations made under the Civil Aviation Act 1988;
(vi) the Aviation Transport Security Act 2004;
(vii) the Regulations made under the Aviation Transport Security Act 2004;
(viii) the Civil Aviation (Carriers’ Liability) Act 1959;
(ix) the Regulations made under the Civil Aviation (Carriers’ Liability) Act 1959;
(x) if the licence holder is Qantas — the Qantas Sale Act 1992.
(2) In addition to the conditions mentioned in subregulation (1) and any condition the Secretary imposes on the licence at the time of granting the licence, the Secretary may, after granting the licence, impose on the licence holder a further condition, whether or not the licence holder has breached any existing condition of the licence.
(3) If the Secretary imposes a further condition under subregulation (2), the Secretary must give the licence holder notice of the proposed variation of the licence in accordance with regulation 18D.
18C Variation, suspension and cancellation of a licence
The Secretary may vary, suspend or cancel an international airline licence on any of the following grounds:
(a) if the licence holder requests, in writing, that the licence be varied, suspended or cancelled;
(b) if the licence holder breaches a condition of its licence;
(c) if, in the Secretary’s opinion:
(i) the licence holder is likely to breach a condition of its licence; and
(ii) the likely breach is reasonably expected to affect the safety or security of air navigation in Australia;
(d) if, in the Secretary’s opinion:
(i) adequate provision has not been made by the relevant authority to ensure that the licence holder substantially conforms to and complies with the standards, practices and procedures set out in the Chicago Convention and the Annexes to that Convention; and
(ii) the lack of provision is reasonably expected to affect the safety or security of air navigation in Australia;
(e) if the licence holder does not operate a scheduled international air service in accordance with the approved timetable or in accordance with a condition subject to which the timetable is approved;
(f) if, in the Secretary’s opinion, it is necessary or desirable to do so for the purpose of preserving or promoting fair competition in international air transport services;
(g) if the licence holder, or relevant authority in relation to the licence holder, has contravened the relevant agreement;
(h) if there has been a substantial change in any of the matters to which the Secretary has had regard under subregulation 21 (2);
(i) if it is in the public interest to vary, suspend or cancel the licence.
18D Notice of proposed action
(1) Subject to subregulation (4), before taking action to vary, suspend or cancel the licence, the Secretary must give the licence holder notice in writing of the proposed variation, suspension or cancellation and a statement setting out the reason for the proposed action.
(2) The licence holder must be given 35 days after the day the notice is given to respond to the notice.
(3) The Secretary must consider any response from the licence holder before making a decision to vary, suspend or cancel the licence.
(4) Subregulations (1), (2) and (3) do not apply if the Secretary is satisfied that there is a need to take urgent action because the ground for variation, suspension or cancellation of the licence holder’s licence represents a risk to public safety or security.
18E Decision on variation, suspension or cancellation
(1) Having taken any action required under regulation 18D, the Secretary may do 1 or more of the following:
(a) vary the licence by imposing a further condition on the licence under subregulation 18B (2);
(b) suspend the licence;
(c) cancel the licence.
(2) If:
(a) the Secretary takes an action mentioned in paragraph (1) (a) or (b) (the first breach); and
(b) the Secretary later becomes satisfied that:
(i) the licence holder is not complying with the condition varying the licence; or
(ii) the licence holder is not complying with the terms of the suspension; or
(iii) some other ground for taking action under regulation 18C exists in relation to the licence holder;
the Secretary may cancel the licence even if the period for fulfilling the condition, or the period of the suspension, for the first breach has not ended.
(3) If the Secretary suspends the licence under paragraph (1) (b), the Secretary must give the licence holder notice in writing of the suspension, the date that the suspension takes effect, and the period of the suspension.
(4) The period of a suspension for any particular breach, or on a particular ground, must not be more than 6 months in total.
(5) If the Secretary cancels the licence under paragraph (1) (c), the Secretary must give the licence holder notice in writing of the cancellation and the date from which the cancellation takes effect.
(6) A date under this regulation must not be a date before the date the notice is given.
(7) A notice under this regulation must also include a statement setting out the reason that the licence was varied, suspended or cancelled, as the case may be.
18F Secretary to publish compliance declaration form
(1) In respect of a particular period, the Secretary must make available a compliance declaration form containing questions about compliance with licence conditions during that period.
(2) The form must be made available electronically.
(3) The form must specify the period to which the form relates.
18G Licence holder must lodge compliance declaration
(1) A licence holder must complete a compliance declaration form made available under subregulation 18F (1) for each scheduling period.
(2) The licence holder must give the Secretary the form:
(a) not less than 35 days before the commencement of the scheduling period; or
(b) within a lesser period (if any) allowed by the Secretary.
(3) The Secretary may, by written notice, require the licence holder to verify any information stated in the declaration.
(4) For this regulation, scheduling period means a period in relation to which a licence holder applies to the Secretary for approval of a proposed timetable under regulation 20.
Division 2 Tariffs
19 Submitting tariffs for approval
(1) The holder of an international airline licence issued under this Part may submit a tariff to the Secretary for approval.
(2) The Secretary may, by notice in writing, direct the holder of an international airline licence to submit its tariff, or part of its tariff, to the Secretary for approval.
(3) A notice under subregulation (2):
(a) must state a period, not shorter than 14 days, within which the licence holder must submit its tariff to the Secretary for approval; and
(b) may state a form in which the tariff must be submitted.
(4) If the Secretary gives a direction to a licence holder under subregulation (2), the licence holder must comply with the direction.
19A Approval of tariffs
(1) If a licence holder submits a tariff to the Secretary under regulation 19, the Secretary may:
(a) approve the tariff; or
(b) approve the tariff subject to conditions; or
(c) refuse to approve the tariff.
(2) In making a decision under subregulation (1), the Secretary must take into account:
(a) the public interest; and
(b) any relevant agreement or arrangement relating to or including international air services; and
(c) the need for public air transport services to operate on a satisfactory economic basis in an environment where there is due regard for the interests of consumers of those services.
(3) If the Secretary makes a decision under subregulation (1) about a tariff, the Secretary must give to the licence holder who submitted the tariff a notice setting out:
(a) the decision; and
(b) reasons for the decision.
(4) If the Secretary does not make a decision under subregulation (1) about a tariff within 7 days after the tariff is submitted to the Secretary under regulation 19, the tariff is taken to have been approved under paragraph (1) (a) at the end of that period.
19B Additional information
(1) The Secretary may, in writing, ask a licence holder who has submitted a tariff under regulation 19 to give the Secretary additional information to assist the Secretary to make a decision under regulation 19A.
(2) If the Secretary makes a request under subregulation (1) in relation to a tariff, the period mentioned in subregulation 19A (4) in relation to the tariff is suspended from the day when the request is made until the end of the day when the Secretary receives the information.
19C Application of tariffs
(1) If the Secretary refuses to approve a tariff under subregulation 19A (1) (c), the licence holder who submitted the tariff must not apply the tariff or allow the tariff to be applied.
(2) If the Secretary approves a tariff subject to conditions under subregulation 19A (1) (b), the licence holder who submitted the tariff must not apply the tariff or allow the tariff to be applied unless the conditions are met.
Division 3 Timetables
20 Approval of timetables — applications
(1) A licensed international airline must apply to the Secretary for approval of a proposed timetable for each of its scheduled international air services to or from Australian territory.
(2) An application under subregulation (1) must:
(a) if the Secretary directs, be in an approved form; and
(b) specify:
(i) the date on which the airline proposes to start operating the service; and
(ii) if known, the date on which the airline proposes to stop operating the service; and
(c) include, in relation to the service, details of the matters referred to in the definition of timetable in regulation 3.
(3) An application must be lodged with the Secretary:
(a) not less than 35 days before the date on which the licensed international airline proposes to start operating the service; or
(b) within any lesser period allowed by the Secretary.
(4) If further information is necessary to enable the Secretary to determine an application:
(a) the Secretary may, by notice in writing, require the licensed international airline to provide it; and
(b) the Secretary is not bound to consider the application further, or to determine it, until he or she receives the information.
21 Approval of timetables
(1) If the Secretary receives an application under regulation 20, the Secretary may:
(a) approve the timetable to which the application relates in accordance with the application; or
(b) approve the timetable:
(i) with specified variations; or
(ii) subject to specified conditions; or
(c) reject the timetable.
(2) When exercising his or her powers under this regulation the Secretary may have regard to:
(a) the relevant agreement; and
(b) the matters referred to in the definition of timetable in regulation 3; and
(c) the likely type, proportion or amount of traffic, or the origin or destination of traffic, that may be carried on all or part of the route of the service concerned; and
(d) any approved timetable of:
(i) the same licensed international airline; or
(ii) another airline from the same country as the applicant; or
(iii) an airline of a country in which a terminal or intermediate stopping place on the route of the service to which the application relates is situated; and
(e) whether, in the opinion of the Secretary, the airline, or the government or an authority of a foreign country in relation to the airline:
(i) has impeded or limited an Australian airline in, or prevented an Australian airline from, providing an international air service; or
(ii) has engaged in unfair, discriminatory or restrictive practices in relation to an international air service provided by an Australian airline; or
(iii) has denied an Australian airline fair and equal opportunity in the provision of an international air service; and
(f) whether, in the opinion of the Secretary, the airline, or the government or an authority of a foreign country in relation to the airline, has contravened the relevant agreement; and
(g) the public interest; and
(h) any other relevant matter.
(3) An approval under subregulation (1) has effect for the period, not exceeding 12 months, specified by the Secretary in the approval.
(4) The Secretary must, if practicable, notify a licensed international airline that has applied for approval of a timetable, before the date on which the airline proposes to
start operating the service, of his or her decision under subregulation (1).
(5) Notification under subregulation (4) must:
(a) be in writing; and
(b) if the timetable is approved — state the period for which the timetable is approved; and
(c) if the timetable is approved subject to variations — state the details of, and the reasons for, the variations; and
(d) if the timetable is approved subject to conditions — state the details of, and the reasons for imposing, the conditions; and
(e) if the timetable is rejected — state the reasons for the rejection.
22 Variation, suspension and cancellation of approved timetables
(1) The Secretary may vary, suspend or cancel an approved timetable, or vary, suspend or remove a condition in relation to an approved timetable, or impose a further condition in relation to an approved timetable, if:
(a) the airline operates a service otherwise than in accordance with the approved timetable, or otherwise than in accordance with a condition subject to which the timetable is approved; or
(b) the airline fails to operate a service in accordance with the approved timetable or in accordance with a condition subject to which the timetable is approved; or
(c) in the opinion of the Secretary, the airline, or the government or an authority of a foreign country in relation to the airline:
(i) has impeded or limited an Australian airline in, or prevented an Australian airline from, providing a scheduled international air service; or
(ii) has engaged in unfair, discriminatory or restrictive practices in relation to a scheduled international air service provided by an Australian airline; or
(iii) has denied an Australian airline fair and equal opportunity in the provision of a scheduled international air service; or
(d) in the opinion of the Secretary, the airline, or the government or an authority of a foreign country in relation to the airline, has contravened the relevant agreement; or
(e) there has been a substantial change in any of the matters to which the Secretary has had regard under subregulation 21 (2); or
(f) it is in the public interest to vary, suspend or cancel the timetable or to vary, suspend or remove the condition, or impose a further condition in relation to the approved timetable, as the case may be.
(2) A licensed international airline may apply to the Secretary for a variation of an approved timetable, or the variation or removal of a condition imposed by the Secretary in relation to an approved timetable, in relation to a scheduled international air service that it operates.
(3) If the Secretary receives an application under subregulation (2), the Secretary may, having regard to the matters referred to in subregulation (1):
(a) vary the approved timetable to which the application relates in accordance with the application; or
(b) vary the approved timetable with alterations, or subject to conditions, determined by the Secretary; or
(c) vary or remove a condition imposed by the Secretary in relation to the approved timetable; or
(d) refuse to vary the timetable, or vary or remove the condition, as the case requires.
(4) If the Secretary varies, suspends or cancels an approved timetable or varies, suspends or cancels or removes a condition imposed by the Secretary in relation to an approved timetable, or imposes a further condition in relation to an approved timetable, he or she must, as soon as practicable, notify the airline concerned in writing of:
(a) the reasons for his or her decision; and
(b) in the case of a variation:
(i) the details of the variation; and
(ii) the date of its effect; and
(c) in the case of a suspension — the duration of the suspension; and
(d) in the case of a removal or cancellation — the date of its effect.
23 Conditions that may be imposed in relation to timetables
(1) Without limiting the conditions that may be imposed under regulation 21 or 22 in relation to a timetable, a condition may relate to:
(a) the proportion or amount of:
(i) traffic; or
(ii) a type of traffic;
that may be carried on all or part of the route of the service concerned; or
(b) whether advertising is permitted, the manner of advertising, or the content of advertisements, in Australia, by or on behalf of the licensed international airline, in relation to:
(i) the service concerned; or
(ii) any service operated by the airline to, from or through any point situated on the route of the service concerned.
(2) For the purposes of subregulation (1):
traffic includes a passenger or an item of mail or cargo.
type of traffic includes traffic identified by reference to its earliest origin or intended ultimate destination, whether or not that origin or destination is on the route of the service concerned.
Division 3A Offences relating to timetables and advertising
24 Offences relating to timetables
(1) A licensed international airline must not operate a scheduled international air service to or from Australian territory unless the service is operated in accordance with:
(a) an approved timetable; and
(b) any conditions imposed by the Secretary in relation to the approved timetable.
Penalty: 50 penalty units.
(2) A licensed international airline or any other person must not advertise that it operates, or that it will operate, a scheduled international air service to or from Australian territory unless the operation of the service is, or would be in accordance with:
(a) an approved timetable; and
(b) any conditions imposed by the Secretary in relation to the approved timetable.
Penalty: 50 penalty units.
(3) In spite of subregulation (2), a licensed international airline or any other person may advertise that it intends to operate a scheduled international air service to or from Australian territory if:
(a) an application for approval of a timetable is lodged with the Secretary; and
(b) the Secretary has not decided whether to approve the timetable; and
(c) the advertised service will be operated in accordance with the proposed timetable; and
(d) the advertisement states that the operation of the service is subject to Government approval.
24AA Restriction on advertising a service
A person commits an offence if the person:
(a) advertises that the person operates, or will operate, a scheduled international air service to or from Australian territory; and
(b) at the time of advertising, does not hold an international airline licence for the operation of the service; and
(c) does not state in the advertisement that the operation of the service is subject to government approval.
Penalty: 50 penalty units.
24A Restriction on advertising non‑scheduled flights
(1) A person must not, unless subregulation (2) is satisfied, advertise or make a public announcement to the effect that the person is willing to:
(a) sell seats on a non‑scheduled flight; or
(b) make capacity available on a non‑scheduled flight.
Penalty: 10 penalty units.
(2) This subregulation is satisfied if:
(a) the Secretary has:
(i) granted permission for the flight under section 15D of the Act; or
(ii) determined, under subsection 15A (3) or 17 (1B) of the Act, that permission for the flight is not required; or
(b) the advertisement or public announcement states that the operation of the non‑scheduled flight is subject to Government approval.
Note Non‑scheduled flight is defined in section 3 of the Act.
Division 4 General provisions relating to the operation of aircraft
25 Smoking in aircraft
(1) A person shall not smoke anywhere in a prescribed aircraft.
Penalty: $500.
(2) The operator of a prescribed aircraft shall ensure that provision is made in the aircraft whereby a notice indicating that smoking is prohibited is displayed at all times while passengers are on board.
Penalty: $2,500.
(3) A failure by the operator of a prescribed aircraft to comply with the requirements of subregulation (2) does not affect the operation of subregulation (1) in relation to any person on board that aircraft.
(4) Subregulations (1), (2) and (3) apply in relation to air navigation generally.
(5) The notice required by subregulation (2) must be:
(a) legible; and
(b) displayed in a conspicuous place in the aircraft.
(6) In this regulation:
Australian international carriage has the meaning given by subsection 27 (2) of the Act.
open‑use charter aircraft means an aircraft that is engaged in a charter operation, except:
(a) an aircraft that is engaged in an operation for the purpose of a service described in paragraph (c) of the definition of charter operation in subsection 3 (1) of the Act; or
(b) an aircraft that is chartered for the purpose of an operation for which tickets are not available for purchase by the general public.
prescribed aircraft means an aircraft that:
(a) is a regular public transport aircraft, or an open‑use charter aircraft; and
(b) is engaged in:
(i) the carriage of passengers between airports in Australian territory; or
(ii) Australian international carriage (except the carriage of freight only).
26 Carriage of examiners
(1) The Secretary may, for the purposes of aviation security, authorize officers of the Department to undertake examinations, inspections or checks of the ground organisation provided by the operator of an aircraft for use by aircraft.
(2) The operator of an aircraft must allow an authorised officer to travel, without charge, on a flight of the aircraft if the authorised officer gives the operator notice, at least 7 days before the flight is to occur, that the officer wants to travel on the flight.
(3) The operator of an aircraft must allow an authorised officer to travel, without charge, on a flight of the aircraft if:
(a) the authorised officer gives the operator notice, less than 7 days before the flight is to occur, that the officer wants to travel on the flight; and
(b) the carriage of the authorised officer would not require the disembarkation of a passenger, or the unloading of cargo, from the aircraft.
(4) The operator of an aircraft must allow an authorised officer to travel, without charge, on a flight of the aircraft if:
(a) the authorised officer gives the operator notice, less than 7 days before the flight is to occur, that the officer wants to travel on the flight; and
(b) if the carriage of the authorised officer requires the disembarkation of a passenger, or the unloading of cargo, from the aircraft — the authorised officer advises the operator that the circumstances requiring the officer to travel on the aircraft justify the disembarkation or the unloading.
(5) If an operator:
(a) allows an authorised officer to travel on a flight in compliance with subregulation (2) or (4); and
(b) loses revenue by allowing the officer to travel on the flight;
the Secretary must pay the operator an amount that is equal to the amount of the loss.
Part 8 Implementation of certain international obligations
120A Aircraft flying to or from Afghanistan — prohibition
(1) An Australian aircraft must not travel to or from Afghanistan without the express approval of the Secretary.
(2) An aircraft that has come from, or whose destination is, Afghanistan must not fly over, land in or take off from, Australia without the express approval of the Secretary.
(3) When deciding whether to give approval under subregulation (1) or (2), the Secretary must take into account Australia’s relations with other countries and its obligations under international law.
Part 9 Penal provisions and prosecutions
Division 1 Penal provisions
121 Offences in general
(1) A person who contravenes or fails to comply with a provision of these Regulations is guilty of an offence.
(2) The owner, the operator and the hirer (not being the Crown), and the pilot in command and any other pilot, of an aircraft that flies in contravention of, or fails to comply with, a provision of these Regulations is guilty of an offence.
(3) Any reference in subregulation (1) or (2) to a contravention of, or failure to comply with, a provision of these Regulations shall be read as including a reference to a contravention or failure to comply with any direction (including any condition or requirement set out in a direction) or instruction given or issued under these Regulations, including any condition or direction subject to which an airport may be used or any condition subject to which a licence is granted or rendered valid under these Regulations.
(4) Notwithstanding subregulations (1), (2) and (3), a person shall not be convicted of an offence against this regulation by reason only of a contravention of, or a failure to comply with, a direction, or a condition or requirement set out in a direction, under these Regulations if:
(a) the direction is of a kind that, by virtue of these Regulations, does not have effect in relation to a person until it has been served by post on the person or has otherwise been brought to his attention; and
(b) at the time of the alleged contravention or failure to comply, the direction had not been served by post on the first‑mentioned person and had not otherwise been brought to his attention.
(5) An offence, not being an offence for which a penalty is prescribed otherwise than by this regulation, may be prosecuted either summarily or upon indictment, but an offender is not liable to be prosecuted more than once in respect of the same offence.
(6) The penalty for an offence to which subregulation (5) applies is:
(a) if the offence is prosecuted summarily — a fine not exceeding $2,500 or imprisonment for a term not exceeding 6 months, or both; or
(b) if the offence is prosecuted upon indictment — a fine not exceeding $5,000 or imprisonment for a term not exceeding 2 years, or both.
(7) A person who attempts to commit an offence against these Regulations is guilty of an offence and is punishable as if the attempted offence had been committed.
(8) Any provision of these Regulations by which an offence is created shall be read subject to the provisions of section 23 of the Act.
122 Offences in relation to licences
(2) A person shall not purport to give a licence or to issue a document, for the purposes of these Regulations, unless he or she is authorized under these Regulations to do so.
123 False statements
A person shall not make, either orally or in writing, a statement that is false or misleading in a material particular in or in connexion with:
(a) an application for the grant, issue, renewal or endorsement of a licence or approval under the Act or these Regulations; or
(b) a return, report, notice, form or other document furnished in accordance with the Act or these Regulations.
125 Power of Court to order returns etc to be furnished
Where any person is convicted of an offence under these Regulations for failure to furnish any return or to comply with a notice to surrender a document, the Court before which he is convicted may, in addition to imposing any pecuniary or other penalty, order the defendant to furnish the return or surrender the document, as the case may be.
126 Detention of aircraft
(1) Where it appears to the Secretary that any aircraft is intended or likely to be flown in such circumstances that the flight would involve an offence against the Act or these Regulations or be a cause of danger to persons in the aircraft or to persons or property on the ground, he may take such action by way of detention of the aircraft or such other action as is necessary for the purpose of causing the circumstances relating to the flight to be investigated or the aircraft to be inspected.
(2) If an aircraft is detained under subregulation (1), it must not be used until the Secretary so approves.
(3) The Secretary must not approve the use of an aircraft under subregulation (2) unless the Secretary is satisfied that the Act and these Regulations are being complied with.
127 Aircraft parking areas
(1) The Secretary may designate a part of an airport established under regulation 9 to be an area for the parking of aircraft of a specified kind by means of signs, notices or markers placed about the area:
(a) that identify that area;
(b) that specify the kind of aircraft that may be parked in the area; and
(c) that specify the conditions (if any) subject to which aircraft of that kind may be parked in that area.
(2) Where an aircraft has been left standing at such an airport in contravention of the Civil Aviation Regulations 1988, the Secretary may, by notice in writing served on a person who is a relevant person in relation to the aircraft, direct that person:
(a) to remove the aircraft from the airport; or
(b) except in the case of a contravention of subregulation (7), to remove the aircraft to an area specified by the Secretary in the notice;
within such time as is specified in the notice.
(3) A notice under subregulation (2) may be served:
(a) by leaving it with or tendering it to a relevant person;
(b) by posting it to a relevant person in a prepaid registered letter; or
(c) if a relevant person cannot be found or his or her address is not known, by affixing it to the aircraft to which it relates.
(4) A relevant person shall comply with the directions contained in a notice served on him or her under this regulation.
(5) Where a relevant person fails to comply with the directions contained in a notice served on the person under this regulation, the Secretary may authorize an officer, with such assistance (if any) as the officer requires, to carry out the directions contained in the notice.
(6) Where an aircraft is left standing in contravention of this regulation for more than one day, the owner, operator and hirer are guilty of a separate contravention for each day on which the aircraft is so left standing.
(7) An aircraft that is not certified as airworthy shall not, without the permission in writing of the Secretary, be left standing for a period exceeding 12 weeks in an area that the Secretary has, under subregulation (1), designated to be an area for the parking of aircraft of a kind to which that aircraft belongs.
(8) In this regulation, relevant person, in relation to an aircraft means:
(a) the owner, operator, hirer or pilot in command of the aircraft; or
(b) a person apparently in charge of the aircraft at the time of the service of the notice on him or her.
128 Posters, signs and advertisements within an airport
(1) A person shall not paint, place or affix any sign (other than a sign referred to in regulation 31), poster or advertisement upon any building or other property within the precincts of an airport established under regulation 9 except in accordance with the permission in writing of the Secretary.
Penalty: $200.
(2) Where a poster, sign or advertisement has been painted, placed or affixed upon any building or other property in contravention of subregulation (1), the Secretary may, by notice in writing served upon the occupier of the building or other property, direct the occupier to remove or obliterate the poster, sign or advertisement within such time as is specified in the notice.
(3) An occupier shall comply with the directions contained in a notice served upon him under this regulation.
Penalty: $200.
(4) Where an occupier fails to comply with the directions contained in a notice served upon him under this regulation, the Secretary may authorize an officer, with such assistance (if any) as he requires, to enter the building or property and to carry out the directions contained in the notice.
(5) A reference in this regulation to the occupier of a building or other property shall, if, in a particular case, there is no occupier of a building or other property, be read as a reference to the tenant of the building or other property.
129 Prohibition of entry etc on prohibited area
(1) A person shall not, without lawful authority or excuse:
(a) enter or remain within a prohibited area in an airport;
(b) bring or leave any property on a prohibited area within an airport;
(c) operate any vehicle on a prohibited area within an airport;
(d) bring any animal or bird on to a prohibited area within an airport; or
(e) permit any animal or bird under his possession or control to trespass on a prohibited area within an airport.
(2) Where:
(a) a person contravenes paragraph (1) (a), (b), (c) or (d); or
(b) any property, vehicle, animal or bird is found in contravention of paragraph (1) (b), (c), (d) or (e);
any authorized person may apprehend and remove that person, property, vehicle, animal or bird, as the case may be, without being deemed guilty of any act of trespass.
(3) In this regulation:
authorized person means an officer or employee of the Department, a member of the Defence Force, a constable, the proprietor of an airport or any person authorized by him or the pilot in command of an aircraft.
prohibited area, in relation to an airport, means any part of the airport upon which is posted a notice relating to that part of the airport, being a notice to the effect that trespassing upon that part of the airport is prohibited and purporting to have been posted with the authority of the Secretary.
Division 2 Prosecutions
130 Time for commencing prosecutions
(1) A prosecution in respect of any offence against these Regulations may be commenced at any time within one year after the commission of the offence.
(2) For the purposes of subregulation (1), time shall be deemed not to run during any period after the commission of an offence and before the institution of proceedings in respect thereof for which the defendant is outside Australian territory.
Division 3 Infringement notices
131 Purpose and effect of Division
(1) The purpose of this Division is to create a system of infringement notices for certain offences against these Regulations as an alternative to prosecution.
(2) This Division does not:
(a) require an infringement notice to be issued to a person for an offence; or
(b) affect the liability of a person to be prosecuted for an offence if an infringement notice is not issued to the person for the offence; or
(c) prevent the issue of 2 or more infringement notices to a person for an offence; or
(d) affect the liability of a person to be prosecuted for an offence if the person does not comply with an infringement notice for the offence; or
(e) limit or otherwise affect the penalty that may be imposed by a court on a person convicted of an offence.
(3) If 2 or more infringement notices are issued to a person for the same offence, the person’s liability to be prosecuted for the offence ceases if the person pays the infringement notice penalty for any of the notices.
132 Meaning of penalty for Division 3
In this Division:
penalty, for an infringement notice offence, means the penalty for the offence if an infringement notice is issued for the offence.
Note If an offence created by a provision of these Regulations is an infringement notice offence, another provision will say so, and specify the applicable fixed penalty.
133 Authorised person may give infringement notice
If an authorised person has reason to believe that a person has committed an infringement notice offence, the authorised person may issue a notice (called an infringement notice) to the person for the offence.
134 Contents of infringement notice
(1) An infringement notice issued by an authorised person for an offence must:
(a) be identified by a unique number; and
(b) give the name of the authorised person who issued it; and
(c) state its date of issue; and
(d) state the full name, or the surname and initials, and the address of the person to whom it is issued; and
(e) give brief details of the offence, including:
(i) the date and time of the offence; and
(ii) where the offence happened; and
(iii) the provision of these Regulations contravened; and
(f) state the penalty for the offence payable under the notice; and
(g) state the place where, and any method by which, the penalty may be paid; and
(h) tell the person to whom it is issued where, and to whom, the person should apply to be allowed more time to pay the penalty; and
(i) be signed by the authorised person who issued it; and
(j) tell the person to whom it is issued that the person may pay the penalty specified in the notice by posting or delivering the payment to the place of payment specified in the notice; and
(k) if there is another way to pay the penalty — tell the person to whom it is issued what that way is; and
(l) tell the person to whom it is issued that if the person pays the penalty within 28 days after the day when the notice is served on the person (or any longer time allowed in writing by an authorised officer) — unless the infringement notice is subsequently withdrawn and any penalty paid refunded:
(i) any liability of the person for the offence will be discharged; and
(ii) the person will not be prosecuted in a court for the offence; and
(iii) the person will not be taken to have been convicted of the offence; and
(m) tell the person to whom it is issued that if the person is prosecuted in court and found guilty of the offence, the person may be convicted of the offence and ordered to pay a penalty and costs, and be subject to any other order that the court makes; and
(n) tell the person to whom it is issued the greatest penalty that a court could impose for the offence.
(2) An infringement notice may contain any other information that the authorised person who issues it thinks necessary.
135 Service of infringement notices
(1) An infringement notice must be served on the person to whom it is issued.
(2) An infringement notice may be served on an individual:
(a) by giving it to the individual; or
(b) by leaving it at, or by sending it by post, telex, facsimile or similar facility to, the address of the place of residence or business (the relevant place) of the individual last known to the authorised person issuing it; or
(c) by giving it, at the relevant place, to someone who:
(i) lives or is employed, or apparently lives or is employed, there; and
(ii) is, or the authorised person has reason to believe is, over 16 years.
(3) An infringement notice may be served on a corporation:
(a) by leaving it at, or by sending it by post, telex, facsimile or similar facility to, the address of the head office, a registered office or a principal office of the corporation; or
(b) by giving it, at an office mentioned in paragraph (a), to someone who is, or the authorised person has reason to believe is, an officer or employee of the corporation.
136 Time for payment of penalty
The penalty mentioned in an infringement notice must be paid:
(a) within 28 days after the day on which the notice is served on the person to whom it is issued; or
(b) if the person applies for a further period of time in which to pay the penalty, and that application is granted — within the further period allowed; or
(c) if the person applies for a further period of time in which to pay the penalty, and the application is refused — within 7 days after the notice of the refusal is served on the person; or
(d) if the person applies for the notice to be withdrawn, and the application is refused — within 28 days after the notice of the refusal is served on the person.
137 Extension of time to pay penalty
(1) The person to whom an infringement notice is issued (the recipient) may apply, in writing, to an authorised person for a further period of 28 days or less in which to pay the penalty mentioned in the notice.
(2) The authorised person must:
(a) grant or refuse a further period; and
(b) tell the recipient in writing of the decision and, if the decision is a refusal, the reasons for it.
(3) Notice of the decision may be served on the recipient in any way in which the infringement notice could have been served on the recipient.
138 Effect of payment of infringement notice penalty
If an infringement notice is not withdrawn, and the person to whom it is issued for an offence pays the penalty stated in the notice:
(a) any liability of the person for the offence is discharged; and
(b) the person may not be prosecuted in a court for the offence; and
(c) the person is not taken to have been convicted of the offence.
139 Withdrawal of infringement notice
(1) With or without an application under subregulation (2), the Secretary may withdraw an infringement notice.
(2) Before the end of 28 days after receiving an infringement notice, a person may apply, in writing, to the Secretary for the infringement notice to be withdrawn.
(3) The Secretary must:
(a) withdraw or refuse to withdraw the notice; and
(b) tell the applicant in writing of the decision and, if the decision is a refusal, the reasons for it.
(4) Before withdrawing or refusing to withdraw a notice, the Secretary must consider:
(a) whether the person has been convicted previously of an offence against these Regulations; and
(b) the circumstances of the offence stated in the notice; and
(c) whether the person has previously paid a penalty under an infringement notice issued to the person for an offence of the same type as the offence mentioned in the notice; and
(d) any other matter the Secretary considers relevant to the particular case.
140 Notice of withdrawal of infringement notices
(1) Notice of the withdrawal of an infringement notice may be served on a person in any way in which the infringement notice could have been served on that person.
(2) A notice withdrawing an infringement notice served on a person for an offence must:
(a) include the following information:
(i) the full name, or surname and initials, and address of the person;
(ii) the number of the infringement notice;
(iii) the date of issue of the infringement notice; and
(b) state that the notice is withdrawn; and
(c) if the Secretary intends to prosecute the person in a court for the offence — state that the person may be prosecuted in a court for the offence.
141 Refund of penalty
If an infringement notice is withdrawn after the penalty has been paid, the Commonwealth must refund the amount of the penalty to the person who paid it.
Part 10 Evidence
142 Evidence
(1) The Director may certify, in writing, that:
(a) a notification, report, or written report, under a provision of section 19BA of the Act has not been received by the Director; or
(b) a written notice under a provision of section 19BC of the Act has not been received by the Director.
(2) The Secretary may certify, in writing, that:
(a) a licence, or other document, required to be surrendered to the Secretary under regulation 145 has not been so surrendered; or
(b) a copy of the text of the Convention, or of an Annex to the Convention, that is annexed to the certificate is a true copy; or
(c) a copy of a licence, notice, approval or other document that:
(i) has been published, given or issued, as the case may be, under the Act or these Regulations; and
(ii) is annexed to the certificate;
is a true copy.
(3) The Secretary, in a certificate under paragraph (2) (c), may certify that the document of which the document annexed to the certificate is certified to be a true copy was, on a specified date or between specified dates, posted to:
(a) the defendant in a prosecution for an offence against the Act or these Regulations or in any proceedings for the recovery of moneys under the Act or these Regulations; or
(b) the applicant or other specified person in any review, investigation or inquiry conducted or made under these Regulations.
(4) The Secretary, or the officer having custody of the appropriate records of the Department, may, by writing under his hand, certify that, during a specified period or on a specified date:
(a) a person was or was not licensed;
(b) an airport was or was not established or provided, was or was not altered, abolished, removed, added to or altered in character or was or was not being provided, maintained or operated in a specified manner, in accordance with regulation 9;
(c) a notice or approval required under the Act or these Regulations had or had not been issued under the Act or these Regulations;
(d) a licence issued under these Regulations was or was not suspended, cancelled or endorsed with a specified endorsement;
(e) an aircraft operator had or had not submitted:
(i) a proposed aviation security program under section 22Q of the Act; or
(ii) a revised program under section 22U of the Act; or
(iii) a variation of an approved program under section 22V of the Act; or
(f) an approved aviation security program was or was not in force under section 22S of the Act; or
(g) an airport operator had or had not submitted:
(i) a proposed airport security program under section 22ZC of the Act; or
(ii) a revised program under section 22ZG of the Act; or
(iii) a variation of an approved program under section 22ZH of the Act; or
(h) an approved airport security program was or was not in force under section 22ZE of the Act.
(5) In all courts and in any review, investigation or inquiry conducted or made under these Regulations, a certificate purporting to have been given under this regulation:
(a) shall, unless the contrary is proved, be deemed to be a certificate given by a person empowered by this regulation to give the certificate; and
(b) is evidence of the facts stated in the certificate, and, in the case of a certificate certifying that a document was posted to the defendant in a prosecution for an offence against the Act or these Regulations or in any proceedings for the recovery of moneys payable under the Act or these Regulations or an applicant or a specified person in any review, investigation or inquiry conducted or made under these Regulations, is evidence that the document was received by the defendant, applicant or specified person on or about the time at which it would have been received in the ordinary course of post.
Part 11 Miscellaneous
143 Application for licences etc
Every application for the issue or renewal of a licence or other document under the Act or these Regulations shall be made in the approved form to the Secretary, and shall be accompanied by the fee or payment required in connexion therewith and by notification of the applicant’s place of abode, his place of business and the address to which any communication to him under the Act or these Regulations may be sent.
144 Change of address
Where the holder of a licence under these Regulations changes his place of abode or business or the address notified in accordance with regulation 143, he shall forthwith furnish to the Secretary notice in writing of the change.
145 Surrender of documents
(1) The holder of a licence or other document issued under the Act or these Regulations, or a person having the custody of a licence or other document issued under the Act or these Regulations, shall, if the Secretary by notice in writing so requires, surrender the licence or document to the Secretary within such time as is specified in the notice.
(2) A person shall not, with intent to evade the requirements of this regulation, destroy, mutilate or deface any document which he is required to surrender to the Secretary.
146 Production of licences etc
(1) Any person required under these Regulations to be the holder of a licence shall, on demand by an authorized person, produce his licence for inspection by the authorized person.
(2) The owner or pilot in command of any aircraft shall, on demand, produce or cause to be produced for inspection by an authorized person, if the aircraft carries passengers or cargo, the list of names of the passengers or the bills of lading and the manifest, as the case may be.
147 Access of authorised person to airports, aircraft etc
An authorized person shall, at all reasonable times, have access to any place to which access is necessary for the purpose of carrying out any powers and functions vested in him in pursuance of the Act or these Regulations, and, in particular:
(a) shall have access at all times to any licensed airport or place authorized for use as an airport for the purpose of inspecting the airport or place;
(b) shall, at all reasonable times, have access to any aircraft for the purpose of inspecting the aircraft.
148 Exemption of aircraft and spare parts from seizure on patent claims
(1) The lawful entry into Australian territory, or the lawful transit across Australian territory, with or without landings, of an aircraft in relation to which this regulation applies shall not entail:
(a) the seizure or detention of the aircraft;
(b) the bringing of proceedings against the owner or operator of the aircraft; or
(c) any other interference with the aircraft;
by or on behalf of the Commonwealth or any person in Australian territory, on the ground that the construction, mechanism, parts, accessories or operation of the aircraft is or are an infringement of Letters Patent granted in Australian territory.
(2) The importation into, and storage in, Australian territory of spare parts and spare equipment for an aircraft in relation to which this regulation applies and the use and installation of those spare parts and spare equipment shall not entail:
(a) the seizure or detention of the aircraft or of the spare parts or spare equipment;
(b) the bringing of proceedings against the owner or operator of the aircraft or against the owner of the spare parts or spare equipment; or
(c) any other interference with the aircraft, or with the spare parts or spare equipment;
by or on behalf of the Commonwealth or any person in Australian territory, on the ground that the spare parts or the spare equipment or their installation are or is an infringement of Letters Patent granted in Australian territory.
(3) Subregulation (2) shall not apply in relation to spare parts or spare equipment which are sold or distributed in Australian territory or are exported from Australian territory for sale or distribution.
(4) This regulation shall apply in relation to aircraft registered in a country or territory in respect of which there is for the time being in force a declaration, made by the Minister and published in the Gazette, that the provisions of this regulation shall apply in relation to aircraft registered in that country or territory, being a country or territory:
(a) which is a party to the International Convention for the Protection of Industrial Property; or
(b) in which there are in force laws protecting inventions made by Australian citizens.
149 Fees and charges
(1) The fee or charge specified or referred to in column 3 of an item in Schedule 2 is payable in respect of the matter specified opposite thereto in column 2 of that item, at the time an application in relation to that matter is made, by or on behalf of the person who makes the application.
(2) Notwithstanding anything contained in these Regulations, a person is not entitled to the grant, issue, variation or renewal of a permission or approval being a matter in respect of which a fee or charge is payable under subregulation (1), until that fee or charge has been paid.
(3) Where:
(a) a person has paid, under subregulation (1), an amount as a fee or charge upon making an application in relation to a matter specified in column 2 of Schedule 2; and
(b) a permission or approval was not granted, issued, endorsed, validated, varied or renewed, or a group of three letters was not reserved as a result of the application, or the person did not take the examination in respect of which the amount was paid;
the person is entitled to have refunded to him or her an amount equal to the amount so paid less an amount equal to the expenses (if any) incurred by the Commonwealth in relation to the matter in respect of which the application was made.
(4) In this regulation and in Schedule 2, unless the contrary intention appears:
Australian operator means an operator that is a person who is an Australian.
international operation means an operation that involves departure from a point outside Australia, or arrival at a point outside Australia.
person who is an Australian means an Australian citizen, a corporation established by a law of the Commonwealth, a State or a Territory, or a corporation the whole or a majority of the shares in which are owned or controlled by the Commonwealth or by Australian citizens.
150 Exemption from jury service
(1) A person regularly employed by an airline in the capacity of operating crew is exempt from serving as a juror where summoned so to serve under the law of a Territory of the Commonwealth.
(2) A person exempted from jury service under subregulation (1) shall, when summoned to serve as a juror under the law of a Territory of the Commonwealth, comply with any requirement of the law of that Territory relating to the removal of his name from the jury list.