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Statutory Rules 1982 No. 2701

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I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Air Navigation Act 1920.

Dated 13 October 1982.

N. M. STEPHEN

Governor-General

By His Excellency’s Command,

WAL FIFE

Minister of State for Aviation

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Commencement

1. These Regulations shall come into operation on 1 February 1983.

2. Before regulation 191 of the Air Navigation Regulations the following regulation is inserted in Division 1 of Part XIII:

Interpretation

“190A. In this Division, unless the contrary intention appears, ‘licence’ means a licence of a type specified in the table in sub-regulation 198A (1).”.

Repeal of regulation 196

3. Regulation 196 of the Air Navigation Regulations is repealed.

Limitation on use of charter licences or cargo charter licences

4. Regulation 197 of the Air Navigation Regulations is amended—

(a) by omitting sub-regulation (1);

(b) by inserting in sub-regulation (2) “or cargo charter” after “charter”; and

(c) by omitting from sub-regulation (2) “charter operations” and substituting “operations of the kind to which that licence relates”.

5. Regulation 198 of the Air Navigation Regulations is repealed and the following regulations are substituted:

Licence required in relation to commercial operations

“198. An aircraft shall not be used by a person in commercial operations except—

(a) under the authority of, and in accordance with, a licence issued to the person by the Secretary; or

(b) where the Secretary has, under regulation 203, exempted the person from the necessity of obtaining a licence authorizing those operations in accordance with an approval given by the Secretary under that regulation.

Authority conferred by licences

“198A. (1) Subject to the Act and these Regulations and to the other laws of the Commonwealth, a licence of the type specified in column 2 of an item in the following table authorizes, in accordance with the provisions of the licence, the conduct of commercial operations of the kind described in column 3 of that item:

Column 1 Item No.	Column 2 Type of licence	Column 3 Description of operations
1	Aerial work licence	Aerial work operations
2	Charter licence	Charter operations
3	Cargo charter licence	Charter operations that do not include the carriage of passengers
4	Supplementary airline licence	Regular public transport operations, being operations in which aircraft other than high-capacity aircraft are employed
5	Cargo supplementary airline licence	Regular public transport operations that do not include the transport of members of the public, being operations in which aircraft other than high-capacity aircraft are employed
6	Airline licence	Regular public transport operations
7	Cargo airline licence	Regular public transport operations that do not include the transport of members of the public

“(2) A reference in the table in sub-regulation (1) to high-capacity aircraft shall be read as a reference to aircraft—

(a) the maximum seating capacity of which exceeds the seating capacity for the time being declared by the Minister, by notice published in the Gazette, to be the relevant seating capacity for the purpose of this paragraph; or

(b) the maximum payload of which exceeds the payload for the time being declared by the Minister, by notice published in the Gazette, to be the relevant payload for the purposes of this paragraph.”.

Conditions for issue of licences

6. Regulation 199 of the Air Navigation Regulations is amended—

(a) by omitting from sub-regulation (1) “an aerial work, charter or airline licence” and substituting “a licence”;

(b) by omitting from sub-regulation (2) “an aerial work, charter or airline licence, as the case requires,” and substituting “the appropriate licence for the operation of the service”;

(c) by inserting in sub-regulation (2A) “, cargo airline, supplementary airline or cargo supplementary airline” after “airline”;

(d) by omitting from sub-regulation (3) “an aerial work, charter or airline licence, as the case requires,” and substituting “the appropriate licence for the operation of the service”; and

(e) by omitting from sub-regulation (4) “an aerial work, charter or airline licence” and substituting “a licence”.

Repeal of regulation 200B

7. Regulation 200B of the Air Navigation Regulations is repealed.

Arrangements under which a service may be operated by a person other than a licensee

8. Regulation 201 of the Air Navigation Regulations is amended by omitting “an aerial work, charter or airline licence” and substituting “a licence”.

Exemption from necessity to obtain a licence in certain cases

9. Regulation 203 of the Air Navigation Regulations is amended—

(a) by inserting in sub-regulation (1) “or cargo charter” after “charter”; and

(b) by omitting from sub-regulation (1) “an airline licence” and substituting “a licence authorizing the operation of the service”.

10. Regulation 204 of the Air Navigation Regulations is repealed and the following regulations are substituted:

Restriction of advertising of commercial operations

“204. A person shall not give any public notice, by newspaper advertisement, broadcast statement or any other means of public announcement, to the effect that a person is willing to undertake any commercial operations unless the last-mentioned person has obtained, or has, under regulation 203, been exempted from the necessity of obtaining, a licence authorizing the conduct of those operations.

Advertising, &c., of supplementary airline services

“205. Where, in a public notice of the kind referred to in regulation 204 or in a passenger ticket, reference is made to the flight number in respect of a regular public transport service, being a service consisting of operations for the transport of members of the public, that reference shall—

(a) if the service is operated under the authority of a supplementary airline licence—include as a suffix the letter ‘S’; or

(b) if the service is a service in relation to which an exemption and approval have been granted under regulation 203—include as a suffix the letter ‘E’,

displayed in a form that is not less prominent than that of any other letter or figure forming part of that reference.”.

Schedule

11. The Schedule to the Air Navigation Regulations is amended—

(a) by omitting from item 34 “charter licence” and substituting “supplementary airline licence, cargo supplementary airline licence, charter licence, cargo charter licence”;

(b) by omitting from item 36 “Airlines Agreements Act 1952” and substituting “Airlines Agreement Act 1981”; and

“36A Issue or renewal of a cargo airline licence to an operator of regular public transport operations (being operations of one or more of the following categories, namely, intrastate operations, interstate operations and operations within, to or from a Territory)—in respect of each category of operations authorized by the licence 250.00”.

Formal amendments

12. The Air Navigation Regulations (except regulation 196, sub-regulation 197 (1), and regulation 198) are amended by omitting “Director-General” (wherever occurring) and substituting “Secretary”.

Transitional

13. (1) For the purposes of the Air Navigation Regulations as amended, a licence authorizing aerial work operations, charter operations or regular public transport operations issued to a person under Division 1 of Part XIII of the Air Navigation Regulations as previously in force, being a licence that was in force immediately before the commencement of these Regulations—

(a) shall be deemed—

(i) to be a licence authorizing those operations issued, under Division 1 of Part XIII of the Air Navigation Regulations as amended, to the person on the commencement of these Regulations; and

(ii) if the licence was, immediately before the commencement of these Regulations, subject to any conditions—to have been so issued subject to those conditions; and

(b) shall, unless previously revoked, remain in force until the expiration of the period for which the licence would, but for these Regulations, have remained in force.

(2) Where, under regulation 203 of the Air Navigation Regulations as previously in force, the Secretary—

(a) had exempted a person from the necessity of obtaining an airline licence in relation to the operation of a regular public transport service; and

(b) had approved of the operation of that service for a period that ends on a date (in this sub-regulation referred to as the “expiry date”) after the commencement of these Regulations,

then, for the purposes of the Air Navigation Regulations as amended—

(c) the Secretary shall be deemed to have, on the commencement of these Regulations, under regulation 203 of the Air Navigation Regulations as amended—

(i) exempted the person from the necessity of obtaining a licence authorizing the operation of the service; and

(ii) approved of the operation of the service for a period ending on the expiry date subject to the person complying during that period with any direction given or issued under the Air Navigation Regulations as amended to persons holding a supplementary airline licence; and

(d) if the Secretary had, under section 203 of the Air Navigation Regulations as previously in force, approved of the operation of the service subject to any conditions, those conditions shall, on the commencement of these Regulations, cease to apply in relation to the operation of the service.

(3) In this regulation—

(a) a reference to the Air Navigation Regulations as amended shall be read as a reference to the Air Navigation Regulations as amended by these Regulations; and

(b) a reference to the Air Navigation Regulations as previously in force shall be read as a reference to the Air Navigation Regulations as in force immediately before the commencement of these Regulations.

NOTES

1. Notified in the Commonwealth of Australia Gazette on 20 October 1982.

2. Statutory Rules 1947 No. 112 as amended by 1947 No. 162; 1948 No. 69; 1949 Nos. 6 and 70; 1950 No. 69; 1952 Nos. 30, 46 and 87; 1953 No. 44; 1954 Nos. 26, 32 and 119; 1955 No. 29; 1956 No. 16; 1957 No. 12; 1958 No. 77; 1960 Nos. 21, 96 and 99; 1961 No. 102; 1964 Nos. 61 and 128; 1965 No. 33; 1966 No. 5; 1967 No. 65; 1969 No. 4; 1970 Nos. 21 and 214; 1971 No. 31; 1972 No. 166; 1973 Nos. 182 and 247; 1974 Nos. 36, 54 and 96; 1975 No. 32; 1976 Nos. 67, 77, 111 and 124; 1977 No. 124; 1978 No. 140; 1980 Nos. 67, 106, 136, 187, 204, 247 and 269; 1981 Nos. 32, 77, 253 and 308.