Statutory Rules 1986 No. 3571

Air Navigation Regulations2 (Amendment)

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 3 December 1986.

N. M. STEPHEN

Governor-General

By His Excellency’s Command,

Peter Morris

Minister of State for Aviation

Principal Regulations

1. In these Regulations, “Principal Regulations” means the Air Navigation Regulations.

Refusal to grant licence or certificate

2. Regulation 255 of the Principal Regulations is amended by omitting sub-regulation (2) and substituting the following sub-regulations:

“(2) Where the Secretary makes a decision refusing to grant a licence or certificate as referred to in sub-regulation (1), the Secretary shall, by notice in writing, inform the applicant of the making of that decision and of the grounds for the decision.

“(3) A notice referred to in sub-regulation (2) shall include a statement to the effect that, subject to the Administrative Appeals Tribunal Act 1975, application may be made to the Administrative Appeals Tribunal for review of the decision to which the notice relates by or on behalf of a person whose interests are affected by the decision.

“(4) A failure to comply with the requirements of sub-regulation (3) in relation to a decision shall not be taken to affect the validity of the decision.”.

(S.R. 314/86)—Cat. No.       10/21.11.1986

Variation, suspension or cancellation of licence or certificate

3. Regulation 258 of the Principal Regulations is amended by omitting sub-regulation (2) and substituting the following sub-regulations:

“(2) A notice referred to in sub-regulation (1) in relation to a decision to vary, suspend or cancel a licence or certificate shall—

(a) set out the grounds for the decision; and

(b) include a statement to the effect that, subject to the Administrative Appeals Tribunal Act 1975, application may be made to the Administrative Appeals Tribunal for review of the decision to which the notice relates by or on behalf of a person whose interests are affected by the decision.

“(2a) A failure to comply with the requirements of sub-regulation (2) in relation to the furnishing of a statement referred to in that sub-regulation relating to a decision shall not be taken to affect the validity of the decision.”.

NOTES

1. Notified in the Commonwealth of Australia Gazette on 9 December 1986.

2. Statutory Rules 1947 No. 112 as amended to date. For previous amendments see Note 2 to Statutory Rules 1986 No. 141 and see also Statutory Rules 1986 Nos. 141 and 284.

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