Commonwealth Coat of Arms of Australia

Statutory Rules 1988 No. 1581.

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Civil Aviation Regulations

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council and pursuant to section 4 of the Acts Interpretation Act 1901, hereby make the following Regulations under the Civil Aviation Act 1988.

Dated 30 June 1988.

N. M. STEPHEN

Governor-General

By His Excellency’s Command,

Gareth Evans

Minister of State for Transport and Communications

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PART I—PRELIMINARY

Citation

1. These Regulations may be cited as the Civil Aviation Regulations.

Interpretation

2. (1) In these Regulations, unless the contrary intention appears:

“acrobatic flight” means manoeuvres intentionally performed by an aircraft involving an abrupt change in its attitude, an abnormal attitude, or an abnormal variation in speed;

“adopted in pursuance of the Convention” means adopted by the International Civil Aviation Organization in pursuance of Article 37 of the Convention;

“aerodrome control service” means an air traffic control service for aerodrome traffic;

“aerodrome flight information zone” means an airspace designated as an aerodrome flight information zone by the Authority in pursuance of regulation 111;

“aerodrome meteorological minima” means the minimum heights of cloud base and minimum values of visibility which are determined in pursuance of regulation 257 for the purpose of determining whether an aerodrome may be used for take-off or landing;

“aerodrome traffic” means all traffic on the manoeuvring area of an aerodrome and all aircraft flying in the vicinity of an aerodrome;

“aerodyne” means an aircraft whose support in flight is derived dynamically from the reaction on surfaces in motion relative to the air;

“Aeronautical Information Publications” or “AIP” means the publications published under section 18 of the Act;

“aeronautical mobile radio service” means a radio service between aircraft radio stations and land stations and between two or more aircraft radio stations;

“aeroplane” means a power-driven heavier-than-air aircraft deriving its lift in flight chiefly from aerodynamic reactions on surfaces remaining fixed under given conditions of flight;

“agricultural operations” means the broadcasting of chemicals, seeds, fertilizers and other substances from aircraft for agricultural purposes, including purposes of pest and disease control;

“aircraft component” means:

(a) any part or equipment for an aircraft that, when fitted to, or provided in an aircraft may, if it is not sound or functioning correctly, affect the safety of the aircraft, its occupants or its cargo or cause the aircraft to become a danger to person or property; or

(b) flotation equipment, evacuation equipment, ration packs, portable breathing apparatus, fire-fighting equipment, or any other equipment or apparatus, fitted to, or provided in, an aircraft for use in an emergency,

but does not include any part, equipment or apparatus for an aircraft in respect of which a direction is in force under sub-regulation (2);

“aircraft maintenance engineer licence” means an aircraft maintenance engineer licence in force under regulation 31;

“aircraft material” means a material (including a fluid) for use in the manufacture, maintenance, servicing or operation of an aircraft or of an aircraft component, but does not include an aircraft component;

“airline” means the operator of a regular public transport service;

“airship” means a power-driven lighter-than-air aircraft;

“air traffic” means all aircraft in flight or operating on the manoeuvring area of an aerodrome;

“Air Traffic Control” means a service established by the Authority in pursuance of regulation 97;

“air traffic control clearance” means an authorisation given by a person performing duty in Air Traffic Control for an aircraft to proceed under conditions specified in the authorisation;

“air traffic control instructions” means directions given by a person performing duty in Air Traffic Control for an aircraft to conduct its flight in the manner specified in the directions:

“air traffic controller licence” means a licence granted under regulation 102;

“alternate aerodrome” means an aerodrome specified in the flight plan to which a flight may proceed when it becomes inadvisable to land at the aerodrome of intended landing;

“altitude” means the vertical distance of a level or a point, or an object considered as a point, measured from mean sea level;

“approach control service” means an air traffic control service for arriving or departing flights of aircraft;

“approved” means approved by the Authority;

“apron” means that part of an aerodrome to be used:

(a) for the purpose of enabling passengers to board, or disembark from, aircraft;

(b) for loading cargo on to, or unloading cargo from, aircraft; or

“area control service” means an air traffic control service for flights of aircraft in control areas;

“authorised” means authorised by the Authority or by a person, or a person included in a class of persons, appointed by the Authority to give the authority concerned;

“authorised person”, for the purposes of a provision in which that expression occurs, means:

(a) a person appointed under regulation 6 to be an authorised person for the purposes of that first-mentioned provision; or

(b) a person included in a class of persons appointed under regulation 6 to be authorised persons for the purposes of that first-mentioned provision;

“balloon” means a non-power-driven lighter-than-air aircraft;

“car”, in relation to a lighter-than-air aircraft, means “basket” whenever, in the case of any particular type of such aircraft, a basket is a constructional feature of that type;

“cargo” means things other than passengers carried in aircraft;

“ceiling” means the height above the ground or water of the base of the lowest layer of cloud below twenty thousand feet covering more than one-half of the sky;

“centre of gravity”, in relation to an aircraft at any time, means the centre of gravity of the aircraft at that time estimated in accordance with the method set out in a direction in force under subregulation 235 (1);

“certificate of airworthiness” means a certificate of airworthiness in force under regulation 24;

“certificate of approval” means a certificate of approval in force under regulation 30;

“channel” means the part of a water aerodrome that is navigable and cleared for the safety of aircraft taking-off or landing in a given direction;

“Civil Aviation Orders” means orders issued by the Authority under regulation 5;

“commercial operations” means civil air operations other than private operations;

“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;

“control area” means an airspace designated as a control area by the Authority in pursuance of regulation 99;

“control zone” means an airspace designated as a control zone by the Authority in pursuance of regulation 99;

“controlled aerodrome” means an aerodrome designated as a controlled aerodrome by the Authority in pursuance of regulation 99;

“controlled airspace” means a control area or a control zone;

“co-pilot” means a pilot serving in any piloting capacity other than the pilot in command;

“crew member” means a person assigned by an operator for duty on an aircraft during flight time, and any reference to “crew” has a corresponding meaning;

“cruising level”, in relation to an aircraft in flight, means the height above ground or water, or above an atmospheric datum, at which the aircraft flies when it is not climbing or descending;

“current flight plan” means the flight plan, with any changes brought about by subsequent air traffic control clearances and air traffic control instructions;

“danger area” means an area declared by the Authority under regulation 140 to be a danger area;

“dangerous lights” means any lights which may endanger the safety of aircraft, whether by reason of glare, or by causing confusion with or preventing clear visual reception of aeronautical lights or signals;

“elevation” means the vertical distance of a point or a level on or affixed to the surface of the earth, measured from mean sea level;

“examination” means an examination by way of a test of theoretical knowledge or a practical test of knowledge and skill;

“expected approach time” means the time at which it is expected that an arriving aircraft will be cleared to commence approach for a landing;

“Federal airport” has the same meaning as in the Federal Airports Corporation Act 1986;

“flight crew member” means a licensed crew member charged with duties essential to the operation of an aircraft during flight time, and any reference to “flight crew” has a corresponding meaning;

“flight information area” means an airspace designated as a flight information area by the Authority in pursuance of regulation 111;

“flight manual”, in relation to an aircraft, means the flight manual for the aircraft approved or issued in accordance with regulation 138 and includes any alterations made to that flight manual in accordance with that regulation;

“flight plan” means specified information, provided to Air Traffic Control, relative to the intended flight of an aircraft;

“Flight Service” means a service established by the Authority in pursuance of regulation 109;

“flight service officer licence” means a licence granted under regulation 112;

“flight time” means the total time from the moment at which an aircraft first moves under its own power for the purpose of taking-off until the moment at which it comes to rest at the end of a flight;

“flight visibility” means the average range of visibility forward from the cockpit of an aircraft in flight;

“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;

“glider” means a non-power-driven heavier-than-air aircraft, deriving its lift in flight chiefly from aerodynamic reactions on surfaces remaining fixed under given conditions of flight;

“grant”, in relation to a licence or certificate, means grant of the licence or certificate, either by way of initial issue or by renewal from time to time;

“gross weight”, in relation to an aircraft at any time, means the weight of the aircraft, together with the weight of all persons and goods (including fuel) on board the aircraft, at that time, estimated in accordance with the method set out in a direction in force under subregulation 235 (1);

“heading” means the direction in which the longitudinal axis of an aircraft is pointed, usually expressed in degrees from North (true, magnetic or compass);

“heavier-than-air aircraft” is the generic term for aircraft deriving their lift in flight chiefly from aerodynamic forces;

“hire-purchase agreement”, in relation to an aircraft, means an agreement for the bailment of the aircraft under which:

(a) the bailee may buy the aircraft; or

(b) the property in the aircraft will or may pass to the bailee;

and includes an agreement for the purchase of the aircraft by instalments, whether the agreement describes the instalments as rent or hire or otherwise, but does not include an agreement for the purchase of the aircraft under which:

(c) the property in the aircraft passes absolutely at the time of the agreement to the person who agrees to purchase the aircraft; or

(d) the purchaser is a person who is engaged in the trade or business of selling aircraft;

“helicopter” means a heavier-than-air aircraft supported in flight by the reaction of the air on one or more normally power-driven rotors on substantially vertical axes;

“holder”, in relation to a licence or a certificate granted or issued under these Regulations, means a person to whom the licence or the certificate has been granted or issued;

“horizontal plane” in relation to an aeroplane, means the plane containing the longitudinal axis and perpendicular to the plane of symmetry of the aeroplane;

“I.F.R.” is the symbol used to designate the Instrument Flight Rules prescribed in Part XI;

“I.F.R. flight” means a flight conducted in accordance with the Instrument Flight Rules prescribed in Part XI;

“I.F.R. operation” means an operation conducted in accordance with the Instrument Flight Rules prescribed in Part XI;

“I.M.C.” is the symbol used to designate meteorological conditions other than those designated by the symbol “V.M.C.”;

“instrument approach procedure” means the approved procedure to be followed by aircraft in letting down from cruising level and landing at an aerodrome;

“international air service” means an air service which passes through the airspace over the territory of more than one country;

“international operating agency” means an international operating agency referred to in Article 77 of the Convention;

“international registration plan” means a plan for the registration by an international organisation of aircraft operated, or to be operated, by an international operating agency, being a plan approved by the

Council by a determination made in pursuance of Article 77 of the Convention;

“jet-propelled aircraft” includes an aircraft that is propelled by one or more engines of the following kinds, namely, turbofan engines, turbojet engines, unducted fan engines or rocket engines, but does not include an aircraft that is propelled solely by conventional propeller engines;

“joint registration plan” means a plan for joint registration by Contracting States constituting an international operating agency of aircraft operated, or to be operated, by the agency, being a plan approved by the Council by a determination made in pursuance of Article 77 of the Convention;

“kite” means a glider normally moored to the ground;

“land station” means a radio station, not capable of being moved, which performs a mobile service;

“landing area” means the part of the manoeuvring area primarily intended for landing or take-off of aircraft;

“landing strip” means a rectangular portion of the landing area, specially prepared for the take-off and landing of aircraft in a particular direction;

“licensed” means licensed under these Regulations;

“lighter-than-air aircraft” is the generic term for aircraft supported chiefly by their buoyancy in the air;

“maintenance” means:

(a) in relation to an aircraft:

(i) the doing of any work (including a modification or repair) on the aircraft that may affect the safety of the aircraft or cause the aircraft to become a danger to person or property; or

(ii) the making of a test or an inspection for the purpose of ascertaining whether the aircraft is in a fit state for flying; or

(b) in relation to an aircraft component or aircraft material:

(i) the doing of any work (including a modification or repair) on the aircraft component or aircraft material that may affect its soundness or correct functioning; or

(ii) the making of a test or an inspection for the purpose of ascertaining whether the aircraft component or aircraft material is sound or functioning correctly;

“maintenance documents”, in relation to an aircraft, means any of the following documents:

(a) documents issued by the Authority for the purposes of the maintenance of the aircraft; and

(b) documents issued by a person other than the Authority and approved by the Authority, or by an authorised person, for use for the purposes of the maintenance of the aircraft;

“maintenance release” means a maintenance release in force under regulation 43;

“major damage”, in relation to an aircraft, means damage of such a kind that it may affect the safety of the aircraft or cause the aircraft to become a danger to person or property;

“major defect”, in relation to an aircraft, means a defect of such a kind that it may affect the safety of the aircraft or cause the aircraft to become a danger to person or property;

“maximum landing weight”, in relation to an aircraft, means the weight set out in the certificate of airworthiness of, or the flight manual for, the aircraft as the maximum landing weight;

“maximum take-off weight”, in relation to an aircraft, means the weight set out in the certificate of airworthiness of, or the flight manual for, the aircraft as the maximum take-off weight;

“meteorological information” means all classes of meteorological reports, analyses, forecasts, warnings, advices and revisions or amendments thereto which may be required in connection with the operation of air routes;

“meteorological minima” means the minimum values of meteorological elements as determined by the Authority in respect of specified types of flight operation;

“meteorological observation” means the qualitative or quantitative evaluation by instrumental or visual means of one or more meteorological elements at a place at a given time;

“meteorological observer” means a person authorised by the Director of Meteorology to make or record meteorological observations or a person approved by the Authority for that purpose;

“meteorological report” means a statement, presented in plain language or in code, either orally, in written form or by telecommunication, of past or present meteorological conditions at ground level or in the free air as observed from a given place;

“mile” means an International Nautical Mile, being 1,852 metres;

“military aerodrome” means an aerodrome under the control of any part of the Defence Force;

“military aircraft” means aircraft of any part of the Defence Force (including any aircraft that is being constructed for any part of the Defence Force), other than any aircraft that is registered under these Regulations as an Australian aircraft;

“movement area” means that part of an aerodrome to be used for the surface movement of aircraft, including manoeuvring areas and aprons;

“nationality mark” includes a common mark used instead of a nationality mark under a joint registration plan or an international registration plan;

“night flight” means flight during night;

“Notices to Airmen” or “NOTAMS” means the notices published under section 18 of the Act;

“operating crew” means any person having duties on board in connection with the flying or safety of the flight of an aircraft;

“operational control” means the exercise of authority by Air Traffic Control over the initiation, continuation, diversion or termination of flight;

“operational control service” means a service:

(a) for the provision of such advice and information as may be useful for the safe and efficient conduct of flights; and

(b) for the control of the initiation, continuation, diversion or termination of flights in order to ensure the safety of aircraft operations;

“operator” means a person, organisation, or enterprise engaged in, or offering to engage in, an aircraft operation;

“permissible unserviceability”, in relation to an aircraft, means a defect in, or damage to, the aircraft of a kind approved by the Authority under regulation 37 as a permissible unserviceability in relation to the aircraft;

“position report” means a message, in a specified form, containing information on the position and progress of an aircraft;

“prohibited area” means an area declared by the Authority under regulation 140 to be a prohibited area;

“publications” means Aeronautical Information Publications or Visual Flight Guides published by the Aeronautical Information Service, and includes any amendments of those publications published by that Service from time to time;

“public transport service” means a service for the carriage of persons or cargo for hire or reward;

“purchaser”, in relation to a hire-purchase agreement, means a person who takes or has taken an aircraft from a vendor under the agreement, and includes a person to whom the purchaser’s rights or liabilities under the agreement have passed by assignment or operation of law;

“regular aerodrome” means an aerodrome which is listed in the flight plan as an aerodrome of intended landing;

“registered” means registered under these Regulations;

“reporting point” means a specified geographical location in relation to which the position of an aircraft can be reported;

“reserve time” means a period during which a flight crew member is required by an operator to hold himself available for a tour of duty;

“rest period” means a period of time during which a flight crew member is relieved by an operator of all duties associated with his employment;

“restricted area” means an area declared by the Authority under regulation 140 to be a restricted area;

“rotorcraft” means a heavier-than-air aircraft supported in flight by the reaction of the air on one or more rotors on substantially vertical axes;

“route segment” means a route, or portion of a route, usually flown without an intermediate stop;

“servicing”, in relation to an aircraft, means preparing the aircraft for flight, and includes providing the aircraft with fuel and other fluids that are necessary for its operation, but does not include any work that is maintenance;

“signal area” means a selected part of an aerodrome used for the display of ground signals so that they will be visible to aircraft in the air;

“specific subject” means a subject for examination under these Regulations, being a subject related to the maintenance of a particular type of aircraft, engine, electrical installation, instrument installation or radio system, declared by the Authority, by notification published in Civil Aviation Orders, to be a specific subject for the purposes of these Regulations;

“State” includes the Northern Territory;

“Territory” does not include the Northern Territory;

“the Act” means the Civil Aviation Act 1988;

“the Convention” means the Chicago Convention;

“the Council” means the Council of the International Civil Aviation Organization;

“the Director of Meteorology” means the Director of Meteorology under the Meteorology Act 1955;

“tour of duty” means a period from the time at which a flight crew member commences any duties associated with his employment before making a flight or series of nights until the time at which he is finally relieved of all such duties after the termination of the flight or flights, and includes a period during which a flight crew member is required by an operator to hold himself available at an aerodrome for the performance of any such duties;

“track” means the projection on the earth’s surface of the path of an aircraft, the direction of which at any point is usually expressed in degrees from North (true or magnetic);

“traffic pattern” means the path over the ground of aircraft in flight in the vicinity of an aerodrome during the execution of take-offs and landings and their paths when manoeuvring on the manoeuvring area;

“vendor”, in relation to a hire-purchase agreement, means a person who lets or has let, or sells or has sold, an aircraft to a purchaser under the agreement, and includes a person to whom the vendor’s rights or liabilities under the agreement have passed by assignment or operation of law;

“vertical plane”, in relation to an aeroplane, means a plane perpendicular to the horizontal plane;

“V.F.R.” is the symbol used to designate the Visual Flight Rules prescribed in Part XI;

“V.F.R. flight” means a flight conducted in accordance with Visual Flight Rules prescribed in Part XI;

“V.F.R. operation” means an operation conducted under Visual Flight Rules prescribed in Part XI;

“visibility” means the ability, as determined by atmospheric conditions and expressed in units of distance, to see and identify prominent unlighted objects by day and prominent lighted objects by night;

“V.M.C.” is the symbol used to designate meteorological conditions equal to or better than:

(a) where the flight is at a height of less than 5,000 feet—those specified in regulation 172; or

(b) in any other case—those specified in regulation 173.

(2) The Authority may direct that any part, equipment or apparatus for an aircraft shall, for the purposes of these Regulations, be deemed not to be an aircraft component.

(3) In Division 2 of Part X and in Parts XI and XII, unless the contrary intention appears:

“landing” includes alighting on the water and “to land” has a corresponding meaning;

“rule” means a rule prescribed by a regulation contained in that Division or those Parts and “the rules” has a corresponding meaning;

“visible”, in relation to lights, means visible on a dark night with a clear atmosphere.

(4) For the purposes of Division 2 of Part X and Parts XI and XII, an aircraft shall be deemed to be:

(a) “on the surface of the water” when any part of the aircraft is in contact with the water;

(b) “making way” if, being under way in the air or on the surface of the water, it has a velocity relative to the air or the water, as the case may be;

(c) “under command” when it is able to manoeuvre as required by the rules contained in the provisions of Division 2 of Part X and in the provisions of Parts XI and XII of these Regulations or by the International Regulations for Preventing Collisions at Sea as set forth in Schedule 3 to the Navigation Act 1920;

(d) “under way” if, being in the air or on the surface of the water, it is not aground or moored to the ground or to any fixed object on the land or in the water.

(5) Where any rule contained in the provisions of Division 2 of Part X or in the provisions of Parts XI and XII contains a provision similar to that of a rule contained in the Rules of the Air adopted in pursuance of the Convention, but a distance which in the last-mentioned rule is expressed by kilometres, metres or centimetres (as the case may be) is in the first-mentioned rule expressed in miles, feet or inches, an aircraft which, in respect of that distance, complies with the last-mentioned rule shall also be deemed to comply with the first-mentioned rule.

(6) For the purposes of these Regulations, an aircraft shall be classified in accordance with the type of operations in which it is being employed at any time, as follows:

(a) when an aircraft is being employed in aerial work operations, it shall be classified as an aerial work aircraft;

(b) when an aircraft is being employed in charter operations, it shall be classified as a charter aircraft;

(c) when an aircraft is being employed in regular public transport operations, it shall be classified as a regular public transport aircraft;

(d) when an aircraft is being employed in private operations, it shall be classified as a private aircraft.

(7) For the purposes of these Regulations:

(a) an aircraft that is flying or operating for a commercial purpose referred to in paragraph 206 (a) shall be taken to be employed in aerial work operations;

(b) an aircraft that is flying or operating for a commercial purpose referred to in paragraph 206 (b) shall be taken to be employed in charter operations;

(c) an aircraft that is flying or operating for the commercial purpose referred to in paragraph 206 (c) shall be taken to be employed in regular public transport operations; and

(d) an aircraft that is flying or operating for the purpose of, or in the course of:

(i) the personal transportation of the owner of the aircraft;

(ii) aerial spotting where no remuneration is received by the pilot or the owner of the aircraft by any person or organisation on whose behalf the spotting is conducted;

(iii) agricultural operations on land occupied by the owner of the aircraft;

(iv) aerial photography where no remuneration is received by the pilot or the owner of the aircraft or by any person or organisation on whose behalf the photography is conducted;

(v) the carriage of persons or the carriage of goods without a charge for the carriage being made other than the carriage, for the purposes of trade, of goods being the property of the pilot, the owner or the hirer of the aircraft;

(vi) the carriage of goods otherwise than for the purposes of trade;

(vii) conversion training for the purpose of endorsement of an additional type or category of aircraft in a pilot licence; or

(viii) any other activity of a kind substantially similar to any of those specified in subparagraphs (i) to (vi) (inclusive);

shall be taken to be employed in private operations.

(8) For the purposes of these Regulations, civil air operations are divided into the classes of operations referred to in subregulation (7).

(9) Any reference in these Regulations to the owner of an aircraft, except in regulation 8, 11, 24, 25, 27, 38, 46, 47 or 54 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.

(10) A reference in these Regulations to height shall be read as a reference to:

(a) the vertical distance of a level or a point, or if an object is specified, that object considered as a point, measured from the datum specified in connection with the reference, or where no datum is specified, measured from the ground or water; or

(b) the vertical dimension of an object;

as the case requires.

(11) 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.

(12) A provision in these Regulations that requires, prohibits or authorises the doing by an aircraft or a person of an act of thing at night or by night shall be read as a provision that requires, prohibits or authorises, as the case may be, the doing by the aircraft or the person of the act or thing when the aircraft or person is at or over a place:

(a) if a period has been determined in accordance with regulation 310 in respect of the area in which the place is—at any time in that period; or

(b) in any other case—at any time after evening civil twilight at that place has ended and before morning civil twilight at that place next commences.

Application of Regulations

3. (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;

(d) air navigation to or from the Territories;

(e) air navigation in which a Commonwealth aircraft is engaged;

(f) air navigation in controlled air space that is of a kind not specified in paragraph (a), (b), (c), (d) or (e) but directly affects, or may endanger, the safety of persons or aircraft engaged in:

(i) air navigation of a kind specified in paragraph (a), (b), (d) or (e); or

(ii) air navigation in which a military aircraft is engaged; and

(g) all air navigation within Australian territory of a kind not specified in paragraph (a), (b), (c), (d) or (e).

(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) When an Australian aircraft is flying over the high seas, the provisions of Annex 2 to the Convention shall apply to and in relation to that aircraft and that flight in substitution for the corresponding provisions of these Regulations relating to the flight and manoeuvre of aircraft.

(4) The Authority shall notify in Aeronautical Information Publications any differences between the provisions of these Regulations relating to the flight and manoeuvre of aircraft and the provisions of Annex 2 to the Convention.

(5) Subject to these Regulations, these Regulations do not apply to or in relation to state aircraft or to military aerodromes.

(6) Notwithstanding the provisions of subregulation (5), the provisions of these Regulations relating to flight and manoeuvre of aircraft and the licensing of personnel apply to and in relation to a flight by an Australian military aircraft where the aircraft is flown by a person other than a member of the Defence Force.

PART II—ADMINISTRATION AND ORGANISATION

Authority

4. (1) The Authority 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 Authority by these Regulations.

(2) The Authority shall maintain close liaison with the Department of Defence in matters of common interest.

Civil Aviation Orders

5. (1) Wherever the Authority is empowered or required under these Regulations to issue any direction, instruction or notification or to give any permission, approval or authority, the Authority may, unless the contrary intention appears in the regulation conferring the power or function or imposing the obligation or duty, issue the direction or notification or give the permission, approval or authority in Civil Aviation Orders or otherwise in writing.

(2) Expressions used in Civil Aviation Orders shall, unless the contrary intention appears, have the same meanings as in these Regulations.

Authorised persons

6. (1) The Authority may, in writing:

(a) appoint a person to be an authorised person for the purposes of a provision of these Regulations in which the expression “authorised person” occurs; or

(b) appoint persons included in a class of persons to be authorised persons for the purposes of a provision of these Regulations in which the expression “authorised person” occurs.

(2) An appointment under subregulation (1) may be made subject to such conditions as are specified in the instrument of appointment.

Delegation by the Authority

7. The Authority may, by writing under its common seal, delegate to a person all or any of its powers and functions under these Regulations.

PART III—REGISTRATION AND MARKING OF AIRCRAFT

Division 1—Registration of Aircraft

8. (1) The Authority shall keep a register of Australian aircraft.

(2) An application for the registration of an aircraft may be made by, or on behalf of:

(a) where the aircraft is not an aircraft referred to in either paragraph (b) or (c)—the owner of the aircraft;

(b) where the aircraft (not being an aircraft referred to in paragraph (c)) is the subject of a contract of hire or charter (including a hire-purchase agreement) the effect of which is that the control, maintenance and operation of the aircraft is, or is to be, vested in a party to the contract—that party; or

(c) where the aircraft, being the subject of a hire-purchase agreement, is also the subject of a further contract of hire or charter between the purchaser under the hire-purchase agreement and another person the effect of which is that the control, maintenance and operation of the aircraft is, or is to be, vested in that other person—that other person.

(3) Subject to subregulation (2), an application for the registration of an aircraft may be made by or on behalf of two or more persons who, jointly or in common, hold an interest as owner, purchaser under a hire-purchase agreement, hirer or charterer of the aircraft and, if such an application is made, the applicants shall, in the application, nominate one of them as the person to whom the Authority should issue the certificate of registration in respect of the aircraft.

(4) The register of Australian aircraft shall be kept in accordance with such form, and at such place or places, as the Authority determines, and shall include the following details in relation to each aircraft:

(a) the date of registration of the aircraft;

(b) a description of the aircraft;

(d) the nationality and registration marks referred to in regulation 16 with respect to the aircraft;

(e) the name and residential address (or, in the case of a corporation, registered address) of the owner of the aircraft;

(f) in the case of an aircraft referred to in paragraph (2) (b)—the name and address of the purchaser under the hire-purchase agreement; and

(g) in the case of an aircraft referred to in paragraph (2) (c)—the name and address of the hirer or charterer, as the case may be, of the aircraft.

(5) When an aircraft is registered in the register of Australian aircraft, the Authority or an authorised person shall issue a certificate of registration in respect of the aircraft to:

(a) the person by whom or on whose behalf the application for registration of the aircraft was made; or

(b) if there are two or more such persons—that one of those persons who is nominated in the application for registration of the aircraft in accordance with subregulation (3).

Declarations by applicants

9. The Authority may require the person who makes application for the registration of an aircraft to make and subscribe a statutory declaration as to the truth of the statements set out in the application.

Refusal to register an aircraft

10. The Authority may refuse to register an aircraft if the aircraft is not intended to be used as an aircraft.

Transfer of interest etc. by holder of certificate of registration

11. (1) Where the holder of a certificate of registration in respect of an Australian aircraft:

(a) ceases to have an interest, or acquires a different interest, in the aircraft; or

(b) in the case of a holder whose certificate of registration was issued by virtue of subregulation 8 (3) or subregulation (3) of this regulation—becomes aware that another person who had an interest as owner, purchaser under a hire-purchase agreement, hirer or charterer in the aircraft has ceased to have that interest;

the holder shall, within 2 weeks thereafter, forward to the Authority:

(c) a notification giving the nationality mark and the registration mark of the aircraft and setting out to the best of his or her knowledge:

(i) the nature of the change of interest that has occurred;

(ii) the date of the change; and

(iii) the names and addresses of the persons affected by the change; and

(d) if the certificate of registration of the aircraft is in the possession of the holder—the certificate of registration of the aircraft.

(2) A person who has acquired an interest as owner, purchaser under a hire-purchase agreement, hirer or charterer in an Australian aircraft shall, within 2 weeks after acquiring that interest, forward to the Authority a notification giving the nationality mark and the registration mark of the aircraft and setting out:

(a) the nature of the interest;

(b) the manner in which, and the date on which, the interest was acquired;

(d) his or her own name and address.

(3) Where a notification under subregulation (2) is forwarded by 2 or more persons who, jointly or in common, have acquired an interest as owner, purchaser under a hire-purchase agreement, hirer or charterer in an Australian aircraft, those persons shall, in the notification, nominate one of them as the person to whom the Authority should issue the new certificate of registration in respect of the aircraft.

(4) Where the Authority is satisfied of the truth of a statement forwarded to the Authority by a person under this regulation in respect of an aircraft, the Authority shall:

(a) make the necessary changes in the registration in respect of the aircraft; and

(b) issue a new certificate of registration in respect of the aircraft to:

(i) where the aircraft is not an aircraft referred to in subparagraph (ii) or (iii)—the owner of the aircraft;

(ii) where the aircraft (not being an aircraft referred to in subparagraph (iii)) is the subject of a contract of hire or charter (including a hire-purchase agreement) the effect of which is that the control, maintenance and operation of the aircraft is, or is to be, vested in a party to the contract—that party; or

(iii) where the aircraft, being the subject of a hire-purchase agreement, is also the subject of a further contract of hire or charter between the purchaser under the hire-purchase agreement and another person the effect of which is that the control, maintenance and operation of the aircraft is, or is to be, vested in that other person—that other person;

being, in a case where a nomination has been made under subregulation (3), the person so nominated.

Cancellation of the registration of Australian aircraft

12. (1) Where an Australian aircraft has been destroyed or permanently withdrawn from use, the holder of a certificate of registration in respect of the aircraft shall, within 2 weeks after he or she becomes aware of the destruction or withdrawal, forward to the Authority:

(a) a statement setting out the circumstances of the destruction or withdrawal; and

(b) if the certificate of registration of the aircraft is in his or her possession—the certificate of registration of the aircraft.

(2) Where the Authority is satisfied that an Australian aircraft has been destroyed or permanently withdrawn from use, the Authority shall cancel the registration of the aircraft in the register of Australian aircraft.

(3) The holder of a certificate of registration in respect of an Australian aircraft may, at any time, apply to the Authority for the cancellation of the registration of the aircraft in the register of Australian aircraft, and the Authority may cancel the registration accordingly.

(4) An applicant under subregulation (3) shall forward to the Authority the certificate of registration of the aircraft if the certificate is in his or her possession.

13. The register of Australian aircraft shall be made available for the information of interested persons at such times, and subject to such conditions, as the Authority directs.

Foreign aircraft not to be registered

14. An aircraft shall not be registered under these Regulations if it is a foreign aircraft.

Nationality of aircraft

15. (1) Where an aircraft is registered under these Regulations, it has Australian nationality.

(2) Where an aircraft is registered in a Contracting State, it has the nationality of the Contracting State.

(3) Where an aircraft is registered under a joint registration plan or an international registration plan, it shall, to the extent set out in the Resolution on Nationality and Registration of Aircraft Operated by International Operating Agencies adopted by the Council on the fourteenth day of December, 1967, be deemed to have the nationality of each of the Contracting States that constitute the international operating agency by which the aircraft is operated.

Division 2—Marking of Aircraft

Nationality and registration marks

16. (1) The nationality mark of an Australian aircraft is the symbol “VH—”.

(2) The registration mark of an Australian aircraft is a group of 3 letters, being the letters assigned to the aircraft on its registration.

(3) Subject to subregulation (4) the Authority shall, at the request of a person who intends to register an aircraft, reserve for a period not exceeding 12 months a group of 3 letters that is not in use as an aircraft registration mark.

(4) The Authority may refuse to reserve a group of 3 letters the use of which is prohibited by a convention to which Australia is a party or is, for any other reason, undesirable.

(5) A group of 3 letters that has been reserved under subregulation (3) shall not, while so reserved, be assigned to an aircraft as a registration mark otherwise than at the request of the person upon whose request the group of 3 letters was reserved.

(6) An Australian aircraft shall bear the nationality mark and its registration mark as required by this Division.

(7) An Australian aircraft shall carry, secured to the aircraft in a permanent position near the main entrance, a plate of fireproof metal or other fireproof material of suitable physical properties inscribed with the nationality mark and registration mark of the aircraft and with such other details as the Authority requires to give effect to the Convention.

(8) The nationality mark and the registration mark of an Australian aircraft:

(a) shall be affixed on the aircraft by painting or by any other means that ensures a similar degree of permanency; and

(b) shall be clean and visible at all times.

Location of marks

17. (1) The location of nationality marks and registration marks on Australian aircraft shall be in accordance with this regulation.

(2) In the case of a lighter-than-air aircraft being:

(a) an airship, the marks shall appear on each side of the airship and also on the upper surface on the line of symmetry and they shall be located lengthwise near the maximum cross-section of the airship;

(b) a spherical balloon, the marks shall appear in 2 places diametrically opposite and shall be located near the maximum horizontal circumference of the balloon; or

(c) a non-spherical balloon, the marks shall appear on each side and shall be located near the maximum cross-section of the balloon immediately above either the rigging band or the points of attachment of the basket suspension cables.

(3) The side marks of all lighter-than-air aircraft shall be so located that they shall be visible both from the sides and from the ground.

(4) The marks of a heavier-than-air aircraft:

(a) shall appear on the wings of the aircraft; and

(b) shall also appear either on the fuselage, or equivalent structure, of the aircraft or on the vertical tail surfaces of the aircraft.

(5) The wing marks of a heavier-than-air aircraft:

(a) shall:

(i) be located on the lower surface of the port wing of the aircraft; or

(ii) extend across the lower surfaces of both of the wings of the aircraft; and

(b) if possible, shall be located equidistant from the leading and trailing edges of the wing or wings with the top of the letters comprising the marks towards the leading edge of the wing or wings.

(6) In subregulations (4) and (5), a reference to a wing, or to the wings, of an aircraft having more than one set of wings shall be read as a reference to a lower wing or the lower set of wings, as the case requires.

(7) The marks on the fuselage, or equivalent structure, of a heavier-than-air aircraft shall be on each side of the fuselage or equivalent structure between the wings and the tail surfaces.

(8) The marks on the vertical tail surfaces of a heavier-than-air aircraft shall be:

(a) where the tail structure of the aircraft includes a single vertical surface only—on each side of that surface; or

(b) where the tail structure of the aircraft includes multi-vertical surfaces—on each of the outboard sides of the outer vertical surfaces of the tail structure.

Type and measurements of letters for marks

18. (1) The type of letters for nationality marks and registration marks and their measurements shall, subject to regulation 19, be as follows:

(a) the letters shall be capital letters in Roman characters without ornamentation;

(b) the letters in each separate group of marks shall be of equal height;

(c) the width of each letter (except the letter I) and the length of a hyphen shall be two-thirds of the height of a letter;

(d) the letters and hyphens shall be formed by solid lines the thickness of which shall be one-sixth of the height of a letter and which shall be of a colour contrasting clearly with the background;

(e) each letter shall be separated from that which it immediately precedes or follows by a space of not less than one-quarter of the width of a letter, and, for the purpose of this paragraph, a hyphen shall be regarded as a letter;

(f) in the case of a lighter-than-air aircraft, the height of the marks shall be at least 500 millimetres;

(g) in the case of a heavier-than-air aircraft:

(i) the height of the marks on the wings shall be at least 500 millimetres; and

(ii) the marks on the fuselage (or equivalent structure) and on any vertical tail surface shall be as nearly as possible parallel to the longitudinal axis of the aircraft and shall be as large as practicable, but shall not interfere with the visible outlines of the fuselage (or equivalent structure) and shall leave at least a 50 millimetre margin along each edge of any vertical tail surface.

(2) Subparagraph (1) (g) (ii) shall not be interpreted as requiring the use of marks exceeding 150 millimetres in height.

Marking of certain heavier-than-air aircraft

19. If a heavier-than-air aircraft does not possess parts corresponding with those mentioned in subregulation 17 (4) and paragraph 18 (1) (g), the marks shall appear on the aircraft in such manner as the Authority determines, so that the aircraft can be identified readily.

Advertisements and owner’s marks

20. (1) An Australian aircraft shall not bear on any part of its exterior surfaces an advertisement, sign or lettering:

(a) except as required or permitted by or under this Part; or

(b) except with the approval in writing of the Authority.

(2) The name of an Australian aircraft and the name and emblems of the owner of an Australian aircraft may be displayed on the aircraft if the location, size, shape and colour of the lettering and signs does not interfere with the easy recognition of, and is not capable of confusion with, the nationality and registration marks of the aircraft.

PART IV—AIRWORTHINESS REQUIREMENTS

Division 1—Design Standards and Certificates of Type Approval

Design standards

21. (1) The Authority may issue a design standard in respect of a type of aircraft or aircraft component, and shall do so if:

(a) a person applies under regulation 22 for approval of the drawings and specifications of a type of aircraft or aircraft component; or

(b) a person applies under regulation 35 or 36 for the giving of an approval relating to a type of aircraft or aircraft component;

in respect of which an appropriate design standard is not in force under this regulation.

(2) The design standard shall set out the specifications with which the Authority considers an aircraft or aircraft component of the type to which the design standard relates should conform if the aircraft or any aircraft in which the aircraft component is fitted is to be capable of being flown with safety in normal operations in accordance with these Regulations.

Certificate of type approval

22. (1) A person may apply to the Authority for a certificate of type approval in respect of a type of aircraft or aircraft component.

(2) If an applicant under subregulation (1):

(a) furnishes to the Authority the drawings and specifications of the type of aircraft or aircraft component to which the application relates and such other documents or other evidence as the Authority requires relating to the suitability for aeronautical purposes of an aircraft or aircraft component of that type; and

(b) satisfies the Authority that an aircraft or aircraft component of that type:

(i) conforms with any design standard in force under regulation 21 in respect of that type; and

(ii) is suitable for aeronautical purposes;

the Authority shall:

(c) if the drawings and specifications of the type of aircraft or aircraft component furnished to the Authority have not been marked as having been approved by an authorised person—approve those drawings and specifications and mark them as having been approved by the Authority; and

(d) issue to the applicant a certificate of type approval for the type of aircraft or aircraft component.

(3) The Authority may, from time to time, direct the holder of a certificate of type approval, by notice in writing served on the holder, to furnish to the Authority such documents or other evidence as the Authority requires relating to the suitability for aeronautical purposes of aircraft or aircraft components of the type to which the certificate relates.

(4) If:

(a) the holder of a certificate of type approval fails to comply with a requirement under subregulation (3); or

(b) the Authority is satisfied that there is evidence to show that there is a defect in the design of aircraft or aircraft components of the type to which a certificate of type approval relates that is of such a kind as to affect the safety of aircraft of that type or of aircraft in which are fitted aircraft components of that type, or to make such aircraft a danger to person or property;

the Authority may, by notice in writing to the holder, suspend or cancel the certificate of type approval.

Notification in respect of types of aircraft etc.

23. The Authority may notify in Civil Aviation Orders that, before a certificate of airworthiness is issued in respect of an aircraft of a type specified in the notice or in respect of an aircraft in which is fitted an aircraft component of a type specified in the notice, a certificate of type approval issued under regulation 22 in respect of the type of aircraft or aircraft component, as the case may be, will be required to be in force.

Division 2—Certificates of Airworthiness

Certificates of airworthiness of Australian aircraft

24. (1) The owner or operator of, or any other person having an interest in, an Australian aircraft may apply to the Authority or an authorised person for the issue or renewal of a certificate of airworthiness in respect of the aircraft or for the validation of a certificate of airworthiness issued by the appropriate authority of a Contracting State in respect of the aircraft.

(2) If an applicant under subregulation (1):

(a) furnishes to the Authority or the authorised person such documents or other evidence as the Authority or the authorised person requires

relating to the fitness for flying of the aircraft to which the application relates;

(b) satisfies the Authority or the authorised person that:

(i) the aircraft was manufactured by the holder of a certificate of approval with respect to that manufacture;

(ii) approval for the manufacture of the aircraft was given by the Authority and the aircraft was manufactured in accordance with that approval; or

(iii) there has been issued by the appropriate authority of the country from which the aircraft has been exported to Australia a certificate with respect to the airworthiness of the aircraft that is acceptable to the Authority;

(c) satisfies the Authority or the authorised person that the aircraft, when operated in accordance with the requirements specified in the flight manual for the aircraft, conforms to:

(i) where there is a certificate of type approval in force in respect of the type of aircraft in which the aircraft is included—the drawings and specifications approved under regulation 22 in respect of that type or, to the extent that those drawings and specifications have been superseded by other drawings and specifications approved under regulation 35, those other drawings and specifications; or

(ii) in any other case—any design standard in force under regulation 21, and any drawings and specifications approved by the Authority, in respect of the type of aircraft in which the aircraft is included;

(d) where there is in force under regulation 25 a direction setting out a condition that, if a certificate of airworthiness were issued, renewed or validated in accordance with the application, would apply in relation to the certificate and would require that certain maintenance be carried out before the aircraft was flown—satisfies the Authority or the authorised person that that maintenance has been certified by a person acceptable to the Authority to have been carried out and that there is no reason to doubt that that maintenance has been carried out;

(e) satisfies the Authority or the authorised person that any maintenance required to be carried out to comply with any requirement imposed under regulation 38 has been certified to have been completed in accordance with a system of certification instituted under regulation 34 and that there is no reason to doubt that that maintenance has been carried out; and

(f) satisfies the Authority or the authorised person that the aircraft is fit to fly, having regard to the requirements specified in the flight manual for the aircraft;

the Authority or the authorised person shall, subject to subregulation (3), issue to the applicant a certificate of airworthiness or renew the certificate

of airworthiness of the aircraft or validate the certificate of airworthiness of the aircraft issued by the appropriate authority of a Contracting State, as the case may be.

(3) Where an aircraft is included in a type of aircraft, or is fitted with an aircraft component included in a type of aircraft component, specified in Civil Aviation Orders under regulation 23, the Authority or an authorised person shall not issue a certificate of airworthiness in respect of the aircraft unless there is in force a certificate of type approval in respect of the type of aircraft or aircraft component, as the case may be.

(4) The Authority may specify in a certificate of airworthiness granted under this regulation the period during which the certificate is to remain in force.

Conditions of certificates of airworthiness

25. (1) The Authority may, for the purpose of ensuring the safety of air navigation:

(a) include in a certificate of airworthiness in respect of an aircraft issued, renewed or validated under the last preceding regulation, a statement that the certificate is issued, renewed or validated subject to a condition set out in the statement, in a specified section of Civil Aviation Orders or in the flight manual for the aircraft; or

(b) give a direction that a condition set out in the direction applies in relation to:

(i) every certificate of airworthiness in force on or after the date of the direction;

(ii) every certificate of airworthiness in respect of an aircraft of a kind specified in the direction in force on or after the date of the direction; or

(iii) the certificate of airworthiness in respect of a specified aircraft.

(2) A direction given under paragraph (1) (b) 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 or her attention.

(3) The Authority may, from time to time, direct the owner or operator of an aircraft in respect of which a certificate of airworthiness is in force to furnish to the Authority such documents or other evidence as the Authority requires relating to the airworthiness of the aircraft.

Suspension or cancellation of a certificate of airworthiness

26. (1) Where the Authority has reasonable grounds to believe that the safety of an Australian aircraft or of Australian aircraft included in a type of aircraft is in doubt, the Authority may suspend the certificate of airworthiness of the aircraft or of each Australian aircraft included in the type of aircraft, as the case may be, for such period as the Authority considers necessary to resolve the doubt.

(2) Where the Authority is satisfied that it is not safe to fly an Australian aircraft or Australian aircraft included in a type of aircraft, the Authority may suspend or cancel the certificate of airworthiness of the aircraft or of each Australian aircraft included in the type of aircraft, as the case may be.

(3) Where the Authority is satisfied, with respect to an Australian aircraft, that a condition set out in, or applying in relation to, the certificate of airworthiness of the aircraft has not been complied with, the Authority may suspend or cancel the certificate of airworthiness.

(4) A suspension or cancellation of a certificate of airworthiness of an Australian aircraft under this regulation does not have effect in relation to a person until a notification of the suspension or cancellation has been served by post on the person or the fact of the suspension or cancellation has otherwise been brought to his or her attention.

Owner or operator to pass information to other persons

27. Where a direction in respect of a certificate of airworthiness of an aircraft under regulation 25 or a notification of a suspension or cancellation of a certificate of airworthiness of an aircraft under regulation 26 has been served by post on the owner or operator of the aircraft, or has otherwise been brought to his or her attention, the owner or operator shall use his or her best endeavours to ensure that the direction or the fact that the certificate of airworthiness has been suspended or cancelled, as the case may be, is brought to the attention of any person who is likely to fly, or likely to issue a maintenance release for, the aircraft.

Export certificate of airworthiness

28. (1) Where an aircraft is to be exported from Australia, the Authority may issue an export certificate of airworthiness, in accordance with such form as the Authority considers appropriate in the circumstances of the case, in respect of the aircraft.

(2) An export certificate of airworthiness is not a certificate of airworthiness for the purposes of these Regulations.

Division 3—Foreign Operators

Damage etc. to aircraft of a Contracting State

29. (1) Where an aircraft possessing the nationality of a Contracting State is in Australian territory and is found to have suffered major damage or to have developed a major defect, the Authority may direct that the aircraft shall not fly.

(2) Where the Authority gives a direction under this regulation, the Authority shall furnish to the appropriate authority of the Contracting State a notification of the action taken by the Authority and a report of the damage or defect, as the case may be.

(3) The Authority may, unless the Authority considers that it would be detrimental to the safety of air navigation to do so, revoke a direction given under this regulation if the appropriate authority of the Contracting State notifies the Authority that the appropriate authority:

(a) has revoked any suspension of the certificate of airworthiness of the aircraft to which the direction relates that the appropriate authority had imposed;

(b) considers that the damage or defect by reason of which the direction was given is not of such a nature as to prevent the aircraft from fulfilling the minimum requirements of safety adopted in pursuance of the Convention; or

(c) considers that, in the circumstances of the case, the aircraft to which the direction relates should be permitted to fly without passengers to a place at which the necessary repairs or modifications can be made.

(4) In revoking a direction under this regulation, the Authority may give a further direction imposing such conditions on the operation of the aircraft as are notified to the Authority by the appropriate authority referred to in subregulation (3).

(5) A direction given under this regulation 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 or her attention.

Division 4—Certificates of Approval and Aircraft Maintenance Engineer Licences

Certificates of approval

30. (1) A person engaged, or intending to engage, in any stage of design, manufacture, distribution or maintenance of aircraft, aircraft components or aircraft materials, or in the training of candidates for, or in the conducting of, the examinations referred to in paragraph 31 (4) (e) may apply to the Authority for a certificate of approval in respect of those activities.

(2) Where an applicant under subregulation (1):

(a) furnishes to the Authority such evidence as the Authority requires:

(i) of the qualifications and competence of the applicant or of the qualifications and competence of the employees of the applicant;

(ii) of the facilities at the disposal of the applicant; and

(iii) of the work procedures proposed by the applicant;

to carry out the activities to which the application relates; and

(b) satisfies the Authority that, having regard to the evidence so furnished, the applicant is, or will be, able to carry on the activities to which the application relates in a satisfactory manner;

the Authority may grant to the applicant a certificate of approval with respect to those activities.

(3) The Authority may, for the purpose of ensuring the safety of air navigation, include in a certificate of approval granted under this regulation an endorsement that the certificate is granted subject to a condition set out in the endorsement, in a document issued with the certificate of approval or in a specified Part or Section of Civil Aviation Orders.

(4) An authorised person may, at any time, for the purpose of ascertaining whether the activities to which a certificate of approval relates are being carried on in a satisfactory manner:

(a) inspect any aircraft, aircraft component or aircraft material;

(b) inspect any process or systems carried on by, any records maintained by or any documents in the possession of, the holder of the certificate of approval in connection with the activities to which the certificate of approval relates;

(d) require the holder of the certificate of approval to furnish to the authorised person such evidence as the authorised person requires:

(i) of the qualifications and competence of the holder or of the qualifications and competence of the employees of the holder; or

(ii) of the facilities at the disposal of the holder.

Aircraft maintenance engineer licences

31. (1) The Authority may, on the application of a qualified person, grant to the qualified person an aircraft maintenance engineer licence.

(2) The Authority may, when granting an aircraft maintenance engineer licence or at any time while such a licence is in force, enter an endorsement on the licence specifying the limits of the work to which the licence relates.

(3) The Authority may, for the purpose of ensuring the safety of air navigation, include in an aircraft maintenance engineer licence an endorsement that the licence is granted subject to a condition set out in the endorsement or in a specified Part or Section of Civil Aviation Orders.

(4) In this regulation, “qualified person” means a person who:

(a) has attained the age of 21 years;

(b) satisfies the Authority that he or she possesses such knowledge as the Authority requires of:

(i) the principles of flight of aircraft;

(ii) the assembly, functioning and principles of construction of, and the methods and procedures for the maintenance of, those parts of an aircraft that the Authority considers relevant having regard to the licence sought; and

(iii) these Regulations and the Civil Aviation Orders;

(c) satisfies the Authority that he or she has had such practical experience of the duties performed by a holder of the licence sought as the Authority requires;

(d) satisfies the Authority that he or she is not suffering from any disability likely to affect his technical skill or judgment; and

(e) has passed such examinations as the Authority requires to be passed by an applicant for the licence sought.

(5) Any requirement formulated by the Authority for the purposes of subregulation (4) shall be not less than the corresponding minimum requirement adopted in pursuance of the Convention.

(6) Where a person satisfies the Authority that the person:

(a) is the holder of a licence equivalent to the licence sought granted by a competent authority in, and in force in accordance with the law of, a country other than Australia;

(b) has complied with the minimum conditions required under the Convention and with such other requirements as the Authority specifies; and

the Authority may, for the purposes of this regulation, treat the person as if he or she were a qualified person.

Period of operation of certificates and licences

32. The Authority may specify in a certificate of approval or in an aircraft maintenance engineer licence the period during which the certificate or the licence, as the case may be, is to remain in force.

Testing of competency of holder of licence

33. (1) The Authority may, at any time, require the holder of an aircraft maintenance engineer licence to undergo an examination designed to test his or her competency as such a holder.

(2) An authorised person may, at any time, inspect an aircraft or aircraft component for the purpose of ascertaining the competence and diligence of the holder of an aircraft maintenance engineer licence.

Division 5—Manufacture and Maintenance

Systems of certification of completion of activities

34. (1) The Authority may give a direction to:

(a) the holder of a certificate of approval;

(b) the holder of an aircraft maintenance engineer licence (other than a person acting in the course of his or her employment with an employer); or

requiring him or her to submit to the Authority a proposed system of certification of the completion of stages of the activities to which his or her certificate, licence or authority relates, and any other activities to which an aircraft maintenance engineer licence held by an employee relates.

(2) Where a person submits a proposed system of certification under subregulation (1), the Authority may approve the proposed system, with or without modifications, and direct the person to institute the system as so approved.

(3) The Authority may give a direction to a person referred to in sub-regulation (1) requiring him or her, in carrying out any activities to which his or her certificate, licence or authority relates, and any other activities to which an aircraft maintenance engineer licence held by an employee relates, to institute such system of certification of the completion of stages of those activities as the Authority specifies in the direction.

(4) A direction given under this regulation 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 or her attention.

(5) A person to whom a direction under this regulation has been given shall not fail:

(a) to comply with the requirements of a system of certification instituted by that person in accordance with the direction, in so far as those requirements apply in relation to that person; or

(b) to take all steps reasonably required to ensure that persons in his or her employ or working under an arrangement with him or her comply with the requirements of a system instituted by him or her in accordance with the direction in so far as those requirements apply in relation to them.

Approval of design of modification or repair

35. (1) A person may apply to the Authority or an authorised person for approval of the design of a modification or repair of:

(a) an aircraft or aircraft included in a type of aircraft; or

(b) an aircraft component or aircraft components included in a type of aircraft component.

(2) Where an applicant under subregulation (1):

(a) furnishes to the Authority or the authorised person such evidence relating to the design to which the application relates (including evidence of the effect of the design on the safety of an aircraft) as the Authority or the authorised person requires; and

(b) satisfies the Authority or the authorised person that the design conforms with any relevant design standard in force under regulation 21 in respect of the type of aircraft or aircraft component to which the application relates;

the Authority or the authorised person shall give approval to the design.

(3) Where the Authority or an authorised person, in considering an application for approval of a design of a modification or repair under sub-regulation (1), is not satisfied that the design will not affect the safety of an aircraft, the Authority or the authorised person may, if the applicant so requests, authorise:

(a) the making of the modification or repair to a particular aircraft; or

(b) the making of the modification or repair to a particular aircraft component and the fitting of that aircraft component to a particular aircraft;

as the case may be, with a view to an application being made under regulation 134 for permission to test the aircraft in flight to discover whether or not the making of the modification or repair has adversely affected the safety of the aircraft.

(4) An authorisation under subregulation (3) shall be in writing and shall include a statement that the authorisation is given for the purpose of testing the aircraft to which the modification or repair is to be made or to which the aircraft component concerned is to be fitted, as the case may be.

(5) For the purpose of carrying out maintenance in accordance with an authority given under subregulation (3), the design of the modification or repair concerned shall be deemed to have been approved under subregulation (2).

(6) Where:

(a) the results of a test referred to in subregulation (3) are furnished to the Authority or to an authorised person; and

(b) having regard to those results, the Authority or the authorised person is satisfied that the design concerned will not adversely affect the safety of an aircraft;

the Authority or the authorised person, as the case may be, shall give approval to the design.

(7) The Authority or an authorised person may, for the purpose of ensuring the safety of air navigation, include in an approval given under this regulation a requirement that a specified thing to be done in accordance with the design is to be done by a specified person or by a person included in a specified class of persons, being an appropriate person for the purposes of regulation 39 or an employee of such an appropriate person.

Approval of aircraft components for use as replacements

36. (1) A person may apply to the Authority or an authorised person for approval of an aircraft component, or of aircraft components included in a type of aircraft component, as a replacement for another aircraft component or aircraft components included in another type of aircraft component.

(2) Where an applicant under subregulation (1):

(a) furnishes to the Authority or the authorised person such evidence relating to the suitability of an aircraft component to which the application relates for use as a replacement as set out in the application as the Authority or the authorised person requires; and

(b) satisfies the Authority or the authorised person that the design of any such aircraft component conforms with any design standard in force under regulation 21 in respect of any aircraft component for which the first-mentioned aircraft component is intended to be a replacement;

the Authority or the authorised person shall approve the aircraft component, or aircraft components included in a type of aircraft components, to which the application relates for use as a replacement as set out in the application.

(3) Where the Authority or an authorised person, in considering an application under subregulation (1) for approval of the use of an aircraft component as a replacement as set out in the application is not satisfied that that use will not affect the safety of an aircraft, the Authority or the authorised person may, if the applicant so requests, authorise the fitting to a particular aircraft of an aircraft component as a replacement as set out in the application with a view to an application being made under regulation 134 for permission to test the aircraft in flight to discover whether or not the use of that aircraft component has adversely affected the safety of the aircraft.

(5) For the purpose of carrying out maintenance in accordance with an authority given under subregulation (3), the use of the aircraft component concerned as a replacement shall be deemed to have been approved under subregulation (2).

(6) Where:

(a) the results of a test referred to in subregulation (3) are furnished to the Authority or to an authorised person; and

(b) having regard to those results, the Authority or the authorised person is satisfied that the replacement concerned will not adversely affect the safety of an aircraft;

the Authority or the authorised person, as the case may be, shall approve the aircraft component, or aircraft components included in the type of aircraft components, to which the application relates for use as a replacement as set out in the application.

Permissible unserviceabilities

37. (1) The Authority may, for the purposes of these Regulations, approve a defect in, or damage to, an Australian aircraft, or any aircraft included in a class of aircraft, as a permissible unserviceability in relation to

the aircraft or to Australian aircraft included in the class of aircraft, as the case may be.

(2) The Authority may, for the purpose of ensuring the safety of air navigation, direct that the use of an Australian aircraft with a permissible unserviceability is subject to such conditions as are set out in the direction.

(3) A direction given under subregulation (2) 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 or her attention.

Requirements for the maintenance of Australian aircraft

38. (1) The Authority may, for the purpose of ensuring the safety of air navigation, give directions specifying requirements for the maintenance of Australian aircraft.

(2) The Authority may, for the purpose of ensuring the safety of air navigation, give a direction to the owner or operator of an Australian aircraft requiring him or her to submit to the Authority a proposed system of maintenance of the aircraft.

(3) Where a person submits a proposed system of maintenance of an aircraft under subregulation (2), the Authority may approve the proposed system, with or without modifications, and direct the person to institute the system as so approved.

(4) A person who has been directed under this regulation to institute a system of maintenance of an aircraft:

(a) shall prepare a manual setting out the details of the system and shall furnish copies of the manual:

(i) to the Authority;

(ii) to such other persons associated with the maintenance of the aircraft as the Authority directs; and

(iii) to such persons in the employ of, or working under an arrangement with, the first-mentioned person as he or she considers necessary to permit the system to be carried out; and

(b) shall not fail:

(i) to comply with the requirements of the system in so far as those requirements apply in relation to him or her; or

(ii) to take all steps reasonably required to ensure that persons in his or her employ or working under an arrangement with him or her comply with the requirements of the system in so far as those requirements apply in relation to them.

(5) A person who has been directed under this regulation to institute a system of maintenance of an aircraft may, at any time, request the Authority or an authorised person to approve any proposed change in the system, and the Authority or the authorised person may give approval accordingly.

(6) Where a change in a system of maintenance has been approved under subregulation (5), the person who has been directed to institute the system shall ensure that that change is incorporated in all copies of the manual setting out the system that are kept within the person’s organisation and that notice of those changes is forwarded to all persons to whom copies of the manual have been furnished in accordance with this regulation.

(7) Where a person who has been directed under this regulation to institute a system of maintenance of an aircraft considers that the system is defective or is no longer applicable to the maintenance that the person is carrying out on the aircraft, the person shall, without delay:

(a) request the Authority or an authorised person to approve any necessary change in the system; or

(b) report the facts of the situation to the Authority.

(8) A direction given under this regulation may include a requirement that the maintenance specified in the direction is to be performed by a specified person, or by a person included in a specified class of persons, being an appropriate person for the purposes of regulation 39 or an employee of such an appropriate person.

(9) Where a direction given under subregulation (1) with respect to the maintenance of an aircraft has been served by post on the owner or operator of the aircraft, or has otherwise been brought to his or her attention, the owner or operator shall use his or her best endeavours to ensure that the direction is brought to the attention of any person who is likely to fly, or likely to issue a maintenance release for, the aircraft.

(10) A direction given under this regulation 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 or her attention.

Maintenance of Australian aircraft in Australian territory

39. (1) The owner, operator or pilot in command of an Australian aircraft in Australian territory shall not authorise or permit any maintenance to be carried out on the aircraft except by a person who is, or is employed for that purpose by, an appropriate person in relation to the maintenance.

(2) A person shall not carry out maintenance in Australian territory of an Australian aircraft unless he or she is, or is employed for that purpose by, an appropriate person in relation to the maintenance.

(3) An appropriate person shall not carry out a modification or repair in Australian territory of an Australian aircraft unless:

(a) the design of the modification or repair has been approved under regulation 35 or has been specified by the Authority in, or by means of, a direction under regulation 25, 38 or 44; and

(b) the modification or repair is carried out in accordance with that design.

(4) An appropriate person shall not, in carrying out maintenance in Australian territory of an Australian aircraft, replace one aircraft component with another unless the aircraft component that he or she installs:

(a) is identical with the aircraft component that it replaces; or

(b) has been approved under regulation 36 as a replacement for the aircraft component that it replaces.

(5) Unless the Authority otherwise approves, an appropriate person shall not, in carrying out maintenance in Australian territory of an Australian aircraft, install or use in the aircraft any aircraft component or aircraft material unless:

(a) where the aircraft component or aircraft material has been manufactured or reconditioned by or on behalf of the appropriate person:

(i) the work of manufacturing or reconditioning has been certified to have been completed in accordance with a system of certification instituted under regulation 34;

(ii) where any aircraft component incorporated in the first-mentioned aircraft component was manufactured or reconditioned by or on behalf of the appropriate person— the work of manufacturing or reconditioning has been certified to have been completed in accordance with a system of certification instituted under regulation 34;

(iii) where any aircraft component incorporated in the first-mentioned aircraft component was supplied to the appropriate person by another person—the aircraft component was so supplied under cover of a document of a kind specified or approved by the Authority for the purposes of this subparagraph; and

(iv) where the reconditioning included a modification or repair:

(a) the design of the modification or repair has been approved under regulation 35 or has been specified by the Authority in, or by means of, a direction under regulation 25, 38 or 44; and

(b) the modification or repair has been carried out in accordance with that design; or

(b) where the aircraft component or aircraft material has been supplied to the appropriate person by another person—the aircraft component or aircraft material was so supplied under cover of a document of a kind specified or approved by the Authority for the purposes of this paragraph.

(6) Unless the Authority otherwise approves, an appropriate person shall not, in carrying out maintenance in Australian territory of an Australian aircraft, install or use in the aircraft any aircraft component or aircraft material in respect of which maintenance (other than reconditioning) has been carried out by or on behalf of the appropriate person unless:

(a) the maintenance of the aircraft component or aircraft material has been certified to have been completed in accordance with a system of certification instituted under regulation 34;

(b) where, in the course of that maintenance, any aircraft component that was manufactured or reconditioned by the appropriate person was incorporated in the first-mentioned aircraft component—the work of manufacturing or reconditioning that aircraft component has been certified to have been completed in accordance with a system of certification instituted under regulation 34;

(c) where, in the course of that maintenance, any aircraft component that was supplied to the appropriate person by another person was incorporated in that first-mentioned aircraft component—the aircraft component was so supplied under cover of a document of a kind specified or approved by the Authority for the purposes of this paragraph; and

(d) where the maintenance of the aircraft component included a modification or repair:

(i) the design of the modification or repair has been approved under regulation 35 or has been specified by the Authority in, or by means of, a direction under regulation 25, 38 or 44; and

(ii) the modification or repair has been carried out in accordance with that design.

(7) Where an appropriate person has control in Australian territory of an aircraft on which maintenance is being carried out, he or she shall take adequate steps to ensure that notice that maintenance is being carried out on the aircraft is given to any person likely to wish to fly the aircraft.

(8) For the purposes of subregulation (7) an aircraft on which maintenance (other than approved maintenance to be carried out by the pilot in command of the aircraft) has been commenced shall be deemed to be an aircraft on which maintenance is being carried out until the maintenance has been certified to have been completed in accordance with regulation 34.

(9) In this regulation, “appropriate person”, in relation to any maintenance, means:

(a) the holder of a certificate of approval covering the maintenance or a person working under an arrangement with such a holder;

(b) the holder of an aircraft maintenance engineer licence covering the maintenance (other than a person acting in the course of his or her employment with an employer);

(c) the holder of an aircraft maintenance engineer licence who has in his or her employ a person who is the holder of an aircraft maintenance engineer licence covering the maintenance; or

(d) a person authorised to carry out the maintenance (other than a person acting in the course of his or her employment with an employer);

being, where the approval or direction with respect to the maintenance includes a requirement that the maintenance is to be carried out by a specified person or by a person included in a specified class of persons, a person who is, or has in his or her employ, the specified person or a person included in the specified class of persons, as the case may be.

Use of aircraft material in the servicing etc. of Australian aircraft

40. (1) Where, in the flight manual or the maintenance documents of an Australian aircraft or in Civil Aviation Orders, provision is made for the use for a particular purpose in connection with the servicing or operation of the aircraft of aircraft material the specification of which is set out or referred to in the flight manual, the maintenance documents or Civil Aviation Orders, the owner, operator or pilot in command of the aircraft (whether the aircraft is in Australian territory or not) shall not, unless the Authority otherwise approves, use, or permit the use of, for that purpose in connection with the servicing or operation of the aircraft, anything other than aircraft material of that kind.

(2) It is a defence if a person charged with an offence under subregulation (1) proves that the substance used was obtained by the person from another person approved by the Authority for the purposes of this regulation and that that other person supplied the substance as aircraft material that conformed to the specification set out or referred to in the flight manual or the maintenance documents of the aircraft or in Civil Aviation Orders.

Maintenance of Australian aircraft outside Australian territory

41. (1) Unless the Authority otherwise approves, the owner, operator or pilot in command of an Australian aircraft that is outside Australian territory shall not, in connection with the maintenance of the aircraft, use, or permit the use of, any aircraft component, aircraft material or other thing if its use would, if the aircraft were in Australian territory, be an offence against these Regulations.

(2) The owner, operator or pilot in command of an Australian aircraft that is outside Australian territory shall not authorise or permit any maintenance to be carried out on the aircraft except by:

(a) the holder of an aircraft maintenance engineer licence covering that maintenance;

(b) a person authorised to carry out that maintenance;

(c) a person who is authorised by the appropriate authority of a Contracting State to carry out on aircraft in that State maintenance of the kind in which that maintenance is included; or

(d) a person who possesses qualifications that are recognised by the Authority as sufficient for the purpose of carrying out that maintenance.

(3) The owner, operator or pilot in command of an Australian aircraft on which maintenance has been carried out outside Australian territory shall not fly the aircraft, or permit it to be flown, until the completion of the maintenance has been certified in a manner acceptable to the Authority.

(4) Subregulation (3) does not apply in relation to approved maintenance carried out by the pilot in command of the aircraft.

No certification unless aircraft component etc. is serviceable

42. A person shall not make a certification, in accordance with a system of certification instituted under regulation 34, with respect to the installation or use in an Australian aircraft of an aircraft component or aircraft material unless he or she considers that the aircraft component or aircraft material, as the case may be, is serviceable.

Maintenance releases in respect of Australian aircraft

43. (1) Maintenance releases in respect of Australian aircraft shall be issued only by authorised persons and only in such manner, and in accordance with such form, as the Authority directs.

(2) The Authority may give a direction specifying the information to be entered on a maintenance release before its issue.

(3) Where a person appointed as an authorised person for the purposes of this regulation is a body corporate, the Authority shall specify in the instrument of appointment the condition that any maintenance release issued by the authorised person is to be signed, on behalf of the authorised person, by a specified person or by a person included in a specified class of persons.

(4) The Authority may give a direction with respect to the retention and transfer of maintenance releases and copies of maintenance releases issued under this regulation.

(5) The Authority may give a direction specifying the period, or the maximum period, that a maintenance release of a kind specified in the direction is to be expressed to remain in force.

(6) Unless the Authority otherwise approves, a maintenance release shall not be issued in respect of an aircraft unless there is in force a certificate of airworthiness in respect of the aircraft.

(7) A maintenance release shall not be issued in respect of an aircraft unless:

(a) all maintenance in respect of the aircraft required to be carried out to comply with any requirement or condition imposed under these Regulations has been certified, in accordance with a system of certification instituted under regulation 34 or in a manner acceptable

to the Authority for the purposes of subregulation 41 (3), to have been completed; or

(b) in the case of a maintenance release in respect of a flight for which permission has been given under regulation 134 and in respect of which a direction with respect to the maintenance of the aircraft has been given under that regulation—all maintenance in respect of the aircraft required to be carried out to comply with that direction has been certified, in accordance with a system of certification instituted under regulation 34, to have been completed.

(8) For the purposes of paragraph (7) (a), the existence of an earlier maintenance release issued by virtue of that paragraph in respect of an aircraft may, in the absence of evidence to the contrary, be accepted by an authorised person for the purposes of this regulation as proof that all maintenance required under these Regulations to be carried out on the aircraft before the date of issue of the earlier maintenance release has been certified to have been completed as required by that paragraph.

(9) A maintenance release may bear an endorsement that the release is issued subject to a condition set out in the endorsement, being a condition imposed for the purpose of ensuring the safety of air navigation.

(10) Where an aircraft has a permissible unserviceability, a maintenance release issued in respect of the aircraft, or other document approved for use as an alternative to the maintenance release for the purposes of this sub-regulation, shall bear an endorsement:

(a) setting out each permissible unserviceability that exists with respect to the aircraft;

(b) setting out such of the conditions (if any) with respect to the use of an aircraft with those permissible unserviceabilities set out in any direction given under regulation 37 in relation to those permissible unserviceabilities as are not set out in any operations manual issued with respect to the aircraft or in Part 20 of the Civil Aviation Orders; and

(c) stating that the maintenance release is issued subject to those conditions, whether set out in the maintenance release or the other document or otherwise.

(11) A person shall not issue a maintenance release in contravention of this regulation.

(12) Subregulation (11) does not apply in relation to a person by reason only that he or she has issued a maintenance release in contravention of a direction given under this regulation unless the direction has been served by post on the person or has otherwise been brought to his or her attention.

(13) A person shall not sign a maintenance release to be issued by virtue of paragraph (7) (a) in respect of an aircraft if:

(a) the person considers that:

(i) the aircraft is in a damaged condition or is defective;

(ii) the damage is major damage or the defect is a major defect, as the case may be; and

(iii) the damage or defect is not a permissible unserviceability;

(b) the person considers that maintenance carried out on the aircraft may have adversely affected, to such an extent as to affect the safety of the aircraft, the flight characteristics of the aircraft or the operating characteristics of any aircraft component, or of any system of aircraft components, installed in the aircraft;

(c) the person is aware that certain maintenance that has been carried out on the aircraft has not been certified, in accordance with a system of certification instituted under regulation 34 or in a manner acceptable to the Authority for the purposes of subregulation 41 (3), to have been completed; or

(d) the person is aware that:

(i) information entered on the maintenance release is incorrect; or

(ii) the maintenance release does not contain all information that it is required by or under these Regulations to contain.

(14) Paragraph (7) (a) and paragraph (13) (c) do not apply in relation to approved maintenance carried out by the pilot in command of the aircraft.

(15) A direction given under this regulation 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 or her attention.

(16) Where a maintenance release is issued under this regulation, or again commences to be in force by virtue of regulation 48, in respect of an aircraft, any other maintenance release in force in respect of the aircraft immediately before that issue or that commencement, as the case may be, ceases to be in force.

Conditions with respect to maintenance releases

44. (1) The Authority may, for the purpose of ensuring the safety of air navigation, give a direction that a condition set out in the direction shall apply in relation to:

(a) every maintenance release in force on or after the date of the direction;

(b) every maintenance release in respect of an aircraft of a kind specified in the direction in force on or after the date of the direction; or

(2) A direction given under this regulation 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 or her attention.

Suspension or cancellation of maintenance release

45. (1) Where the Authority is satisfied that a condition set out in, or applying in relation to, a maintenance release has not been complied with, the Authority may suspend or cancel the maintenance release.

(2) A suspension or cancellation of a maintenance release under this regulation does not have effect in relation to a person until a notification of the suspension or cancellation has been served by post on the person or the fact of the suspension or cancellation has otherwise been brought to his or her attention.

Owner or operator to pass information to other persons

46. Where a direction setting out a condition that applies in relation to a maintenance release of an aircraft given under regulation 44, or a notification of a suspension or cancellation of a maintenance release of an aircraft given under regulation 45, has been served by post on the owner or operator of the aircraft or has otherwise been brought to his or her attention, the owner or operator shall use his or her best endeavours to ensure that the direction or the fact that the maintenance release has been suspended or cancelled, as the case may be, is brought to the attention of any person, who is likely to fly, or likely to issue a maintenance release for, the aircraft.

Maintenance release to cease to be in force

47. (1) Where the owner, the operator or a flight crew member of, or an authorised person engaged (whether as an employee or on his or her own behalf) in the maintenance of, an aircraft in respect of which a maintenance release is in force considers:

(a) that:

(i) a requirement or condition imposed under these Regulations in respect of the maintenance of the aircraft has not been complied with;

(ii) the aircraft has suffered major damage or has developed a major defect, other than damage or a defect that is a permissible unserviceability;

(iii) abnormal flight or ground loads have been imposed on the aircraft; or

(iv) maintenance carried out on the aircraft may have adversely affected, to such an extent as to affect the safety of the aircraft, the flight characteristics of the aircraft or the operating characteristics of any aircraft component, or any system of aircraft components, installed in the aircraft; and

(b) that there is a likelihood that the aircraft will be flown before:

(i) the requirement or condition referred to in subparagraph (a) (i) has been complied with;

(ii) the damage or defect referred to in subparagraph (a) (ii) has been remedied;

(iii) any damage caused by the imposition of the abnormal loads referred to in subparagraph (a) (iii) has been remedied; or

(iv) the characteristics referred to in subparagraph (a) (iv) have been corrected;

as the case may be;

he or she shall, subject to subregulation (2), enter on the maintenance release, or other document approved for use as an alternative to the maintenance release for the purposes of this subregulation, an endorsement signed by him or her setting out the facts of the situation and stating that the aircraft is unairworthy, and thereupon the maintenance release ceases to be in force.

(2) A person is not required under subregulation (1) to enter an endorsement on a maintenance release or other document approved for use as an alternative to a maintenance release if:

(a) the maintenance release was issued by virtue of paragraph 43 (7) (b); and

(b) the person considers that the ground for entering the endorsement:

(i) existed at the time when the maintenance release was issued; and

(ii) was known to the person who issued the maintenance release or to a responsible employee of that person.

(3) Where the owner, the operator or the pilot in command of, or an authorised person engaged (whether as an employee or on his or her own behalf) in the maintenance of, an aircraft in respect of which a maintenance release is in force, becomes aware that the certificate of airworthiness in respect of the aircraft has been suspended or cancelled, he or she shall enter on the maintenance release an endorsement signed by him or her setting out the facts of the situation and stating that the aircraft is unairworthy, and thereupon the maintenance release ceases to be in force.

(4) Where:

(a) an authorised person (whether acting as an employee or on his or her own behalf) carries out maintenance on an aircraft in pursuance of an authorisation under subregulation 35 (3), or subregulation 36 (3) with a view to the aircraft being tested; and

(b) there is in force in respect of the aircraft a maintenance release issued by virtue of paragraph 43 (7) (a);

the authorised person shall enter on the maintenance release an endorsement signed by him or her setting out that he or she has carried out maintenance authorised under the relevant provision referred to in paragraph (a) and that the aircraft requires testing, and thereupon the maintenance release ceases to be in force.

Maintenance release to recommence to be in force

48. (1) Where a maintenance release in respect of an aircraft ceases to be in force by virtue of an endorsement made under subregulation 47 (1), the maintenance release shall again commence to be in force if:

(a) where the endorsement refers to a requirement or condition in respect of the maintenance of the aircraft not having been complied with—there is entered on the maintenance release or other document on which the endorsement was made a certification, in accordance with a system of certification instituted under regulation 34, that the maintenance to which the requirement or condition relates has been completed;

(b) where the endorsement refers to the aircraft having suffered major damage or having developed a major defect—there is entered on the maintenance release or other document on which the endorsement was made a certification, in accordance with a system of certification instituted under regulation 34, that the maintenance required to remedy the damage or the defect, as the case may be, has been completed;

(c) where the endorsement refers to the aircraft having had imposed on it abnormal flight or ground loads—there is entered on the maintenance release or other document on which the endorsement was made a certification, in accordance with a system of certification instituted under regulation 34, that the maintenance required to be carried out to check whether that imposition has caused any damage to the aircraft, and to remedy any damage so caused, has been completed; or

(d) where the endorsement relates to the flight characteristics of the aircraft or the operating characteristics of an aircraft component, or system of aircraft components, installed in the aircraft—there is entered on the maintenance release or other document on which the endorsement was made a certification, in accordance with a system of certification instituted under regulation 34, that the maintenance required to correct the flight characteristics or operating characteristics, as the case may be, has been completed.

(2) Where a maintenance release in respect of an aircraft ceases to be in force by virtue of an endorsement made under regulation 47, the maintenance release shall again commence to be in force if there is entered on the maintenance release or other document on which the endorsement was made a further endorsement signed by an authorised person cancelling the first-mentioned endorsement.

(3) An authorised person shall not make an endorsement under subregulation (2) unless he or she is satisfied that there is no reason why the endorsement to be cancelled should continue in force.

(4) A maintenance release that has ceased to be in force by virtue of an endorsement made under regulation 47 shall not again commence to be in force except by virtue of an endorsement made under this regulation.

(5) This regulation does not have effect in relation to a maintenance release issued in respect of an aircraft if:

(a) the period during which the maintenance release is expressed to remain in force has expired; or

(b) a subsequent maintenance release has been issued in respect of the aircraft by virtue of paragraph 43 (7) (a).

Permissible unserviceabilities to be endorsed on maintenance releases

49. Where the owner, the operator or a flight crew member of, or an authorised person engaged (whether as an employee or on his or her own behalf) in the maintenance of, an aircraft in respect of which a maintenance release is in force considers:

(a) that the aircraft has developed a defect, or has suffered damage, that is a permissible unserviceability; and

(b) that there is a likelihood that the aircraft will be flown before the permissible unserviceability is rectified;

he or she shall enter on the maintenance release, or other document approved for use as an alternative to the maintenance release for the purposes of this regulation, an endorsement signed by him or her:

(d) setting out such of the conditions (if any) with respect to the use of an aircraft with those permissible unserviceabilities set out in any direction given under regulation 37 in relation to those permissible unserviceabilities as are not set out in any operations manual issued with respect to the aircraft or in Part 20 of the Civil Aviation Orders; and

(e) stating that the maintenance release has effect subject to those conditions, whether set out in the maintenance release or the other document or otherwise.

Defects and major damage to be endorsed on maintenance release

50. Where the owner, the operator or a flight crew member of an Australian aircraft:

(a) becomes aware of the existence of a defect in the aircraft; or

(b) becomes aware that the aircraft has suffered damage that in the opinion of the owner, the operator or the flight crew member is major damage;

Defects in Australian aircraft to be reported

51. (1) Where a person who, in the course of his or her employment with an employer, is engaged in the maintenance of an Australian aircraft becomes aware of the existence of a defect in the aircraft, the person shall report the defect to his or her employer.

(2) Where a person engaged (other than as an employee) in the maintenance of an Australian aircraft (other than an aircraft owned or operated by the person) becomes aware of the existence of a defect in the aircraft, the person shall, if he or she considers that it is a major defect, report the defect to the owner or operator of the aircraft and make a report to the Authority in the manner specified by the Authority for the purposes of this subregulation.

(3) Where the owner or operator of an Australian aircraft becomes aware of the existence of a defect in the aircraft he or she shall:

(a) have an investigation made of the defect; and

(b) if he or she considers that it is a major defect—have a report made to the Authority with respect to the defect and to any matters revealed by the investigation;

in the manner specified by the Authority for the purposes of this sub-regulation.

Defects in aircraft components to be reported

52. (1) Where the holder of a certificate of approval covering the maintenance of aircraft components owned by him or her becomes aware that an aircraft component owned by him or her has developed a defect, he or she shall:

(a) have an investigation made of the defect; and

(b) if he or she considers that the defect is such that, if the component were installed in an aircraft, the safety of the aircraft might be affected or the aircraft might become a danger to person or property—have a report made to the Authority with respect to the defect and of any matters revealed by the investigation;

in a manner specified by the Authority for the purposes of this sub-regulation.

(2) Where the holder of a certificate of approval covering the maintenance of aircraft components becomes aware of the existence of a defect in an aircraft component in the maintenance of which he or she is engaged (other than an aircraft component owned by him or her), he or she shall, if he or she considers that the defect is such that, if the component were installed in an aircraft, the safety of the aircraft might be affected or the aircraft might become a danger to person or property, report the defect to the owner of the aircraft component and make a report to the Authority in the manner specified by the Authority for the purposes of this subregulation.

(3) Where the holder of an Air Operator’s Certificate becomes aware of the existence of a defect in an aircraft component owned by him or her and intended for use in aircraft used in operations under his or her certificate, he or she shall:

(a) have an investigation made of the defect; and

in a manner specified by the Authority for the purposes of this sub-regulation.

Investigation of defects of Australian aircraft

53. (1) An authorised person may, for the purpose of ensuring the safety of air navigation, conduct an investigation into any matter connected with any defect in an Australian aircraft (including the making of a test of an aircraft or of any aircraft component installed or provided in an aircraft).

(2) An investigation under subregulation (1) may extend to defects generally or may be limited to the investigation of a particular defect or a particular kind of defect.

(3) The authorised person may, for the purposes of carrying out the investigation:

(a) by order in writing served on a person, require the production to the first-mentioned person of any documents, aircraft components or other things that are in the possession, or under the control, of the person on whom the order is served;

(b) retain any document, aircraft component or other thing produced during the course of the investigation for such period as is necessary for the purpose of carrying out the investigation; and

(4) Where the retention of a document, aircraft component or other thing produced for the purposes of an investigation is no longer necessary, the Authority or the authorised person shall return the document, aircraft component or other thing to the person by whom it was produced.

Records in relation to maintenance etc. to be kept

54. (1) The Authority may, for the purpose of ensuring the safety of air navigation, give directions specifying:

(a) the records to be kept in relation to:

(i) the maintenance done on Australian aircraft (including any aircraft component fitted in an Australian aircraft); and

(ii) the time in service of Australian aircraft and of aircraft components fitted in Australian aircraft;

(b) the form of, and the manner of keeping, a record referred to in paragraph (a); and

(c) the period during which a record kept in compliance with a direction under this regulation is to be retained by the person keeping it, and the circumstances in which the record may, during that period, be transferred to another person.

(2) The owner or operator of an aircraft shall take such action as is necessary to ensure that records with respect to the aircraft are kept, retained and transferred in accordance with any direction under this regulation.

(3) The Authority or an authorised person may, at any time, inspect any records kept in compliance with a direction under this regulation, and the person keeping the records shall make them available for that purpose.

(4) The Authority may direct the owner or operator of an aircraft to arrange for copies of the entries made in any record kept in compliance with a direction under this regulation that is carried on the aircraft during a flight to be recorded in a form approved by the Authority and kept in a safe place on the ground.

(5) A direction given under this regulation 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 or her attention.

PART V—LICENCES AND RATINGS OF OPERATING CREW

Member of flight crew to be licensed

55. (1) A person shall not act in any capacity as a member of the flight crew of an Australian aircraft (whether or not the person alone constitutes the flight crew of that aircraft) unless the person holds a licence granted or rendered valid under this Part, being a licence that:

(a) is appropriate under the provisions of this Part; and

(b) is endorsed with the rating (if any) that is appropriate under the provisions of this Part;

for a person acting in that particular capacity.

(2) The Authority may grant and endorse licences for the purposes of this Part.

(3) The Authority may, for the purpose of ensuring the safety of air navigation, include in a licence granted or endorsed under this section an endorsement that the licence is granted or endorsed subject to a condition set out in the endorsement.

(4) A condition referred to in subregulation (3) has effect notwithstanding any provision of this part with respect to the effect of a licence granted or endorsed under this regulation.

Classification of licences and ratings

56. (1) The classes of licences that may be granted under this Part and of ratings that may be endorsed on such licences are as follows:

(a) pilot licences:

(i) student pilot licence, being a licence authorising the holder to receive practical flight instruction and to increase his or her skill to the standards required for the issue of a licence of a higher category, or to engage in flying practice for the purpose of qualifying for renewal of a pilot licence which is no longer valid;

(ii) private pilot licence, being a licence authorising the holder:

(a) to pilot an aircraft for any of the purposes specified in subparagraphs 2 (7) (d) (i) to (vi) (inclusive) and (viii);

(b) with the approval of the Authority, to pilot an aircraft being used in conversion training for the purpose of endorsement of an additional type or category of aircraft on a pilot licence; or

(iii) commercial pilot licence, being a licence authorising the holder to act:

(a) as pilot in command of an aircraft engaged in private operations, aerial work operations or, where the maximum take-off weight of the aircraft does not exceed 5,700 kilograms, charter operations;

(b) as co-pilot of an aircraft engaged in private operations, aerial work operations or charter operations;

(c) with the approval of the Authority, as pilot in command of an aircraft engaged in regular public transport operations, other than international regular public transport operations;

(d) with the approval of the Authority, as pilot in command of an aircraft having a maximum take-off weight of more than 5,700 kilograms engaged in charter operations, other than international charter operations; and

(e) with the approval of the Authority, as co-pilot of an aircraft engaged in regular public transport operations;

(iv) senior commercial pilot licence, being a licence authorising the holder to act:

(a) as pilot in command of an aircraft having a maximum take-off weight of more than 5,700 kilograms engaged in charter operations; and

(b) with the approval of the Authority, as pilot in command of an aircraft engaged in regular public transport operations, other than international regular public transport operations;

(v) second class airline transport pilot licence, being a licence authorising the holder to act in regular public transport services as co-pilot of aircraft normally operated with 2 or more pilots;

(vii) first class airline transport pilot licence, being a licence authorising the holder to act in regular public transport services as pilot in any capacity;

(b) pilot ratings:

(i) flight instructor rating, being a rating endorsed in a commercial, senior commercial, or airline transport pilot licence, authorising the holder to give practical flight instruction;

(ii) instrument rating, being a rating endorsed in a private, commercial, senior commercial or airline transport pilot licence authorising the holder to pilot aircraft under I.F.R.;

(iii) agricultural rating, being a rating endorsed on a commercial or senior commercial pilot licence authorising the holder to pilot aerial work aircraft in agricultural operations;

flight navigator licence, being a licence authorising the holder to perform the duties of flight navigator in aircraft;

(d) radio operator licences:

(i) aircraft radiotelephone operator certificate of proficiency, being a certificate certifying:

(a) that the holder is proficient in the use of aeronautical radiotelephone communication and emergency procedures, and is authorised to operate all types of aircraft radiotelephone equipment on condition that the equipment is not installed in an aircraft or, if so installed, the aircraft is not in flight; and

(b) if the holder satisfies the Authority that he or she is proficient in the use of aircraft radiotelegraph equipment—that the holder is proficient in the use of radiotelegraph communication and emergency procedures for the equipment and is authorised to operate the equipment on condition that the equipment is not installed in an aircraft or, if so installed, the aircraft is not in flight;

(ii) aircraft radiotelegraph operator certificate of proficiency, being a certificate certifying:

(a) that the holder is proficient in the use of aeronautical radiotelegraph communication and emergency procedures; and

(b) that the holder is authorised to operate all types of aircraft radiotelegraph equipment on condition that the equipment is not installed in an aircraft or, if so installed, the aircraft is not in flight;

(iii) flight radiotelephone operator licence, being a licence:

(a) authorising the holder to operate, for radiotelephone communication purposes, in such types or categories of aircraft as are endorsed in the licence such aircraft radiotelephone equipment as is endorsed in the licence; and

(b) if the holder satisfies the Authority that he or she is proficient in the use of the equipment for radiotelegraph purposes—authorising the holder to operate the equipment for radiotelegraph communications;

(iv) flight radiotelegraph operator licence, being a licence authorising the holder to operate in such types or categories of aircraft as are endorsed in the licence such radiotelegraph equipment as is endorsed in the licence; and

(e) engineer licences:

flight engineer licence, being a licence authorising the holder to perform the duties of flight engineer in aircraft.

(2) The order in which the categories of licences in classes (a) and (d) are specified in subregulation (1) is from the lowest to the highest in each class and any reference in these Regulations, in relation to one licence, to a licence of a higher or lower category shall be read accordingly.

(3) For the purposes of these Regulations, aircraft radiotelephone operator certificates of proficiency and aircraft radiotelegraph operator certificates of proficiency shall be deemed to be licences issued under these Regulations.

Privileges and limitations according to the category of licence held

57. (1) In addition to the privileges and limitations specified in relation to any category of licence in regulation 56, holders of licences shall have such privileges and be subject to such limitations as are prescribed by this regulation.

(2) Subject to this regulation, the holder of any licence shall have all the privileges specified in regulation 56 in respect of a licence of a lower category.

(3) The holder of a second class airline transport pilot licence shall not have the privileges under a senior commercial pilot licence.

(4) With the approval of the Authority, the holder of a commercial, senior commercial or airline transport pilot licence may, without being the holder of a flight instructor rating, conduct flights for the purpose of enabling a commercial, senior commercial or airline transport pilot to qualify for the endorsement in his or her pilot licence of an additional type or category of aircraft.

(5) A person is not authorised to fly a private aircraft unless the person is the holder of a private, commercial, senior commercial or airline transport pilot licence.

(6) A person is not authorised to fly an aerial work or a charter aircraft unless the person is the holder of a commercial, senior commercial or airline transport pilot licence.

(7) A person is not authorised to fly an aerial work aircraft in agricultural operations unless the person is the holder of a commercial or senior commercial pilot licence endorsed with an agricultural rating.

(8) Subject to subregulation (9), a person is not authorised to act in the capacity of pilot or co-pilot of a regular public transport aircraft unless he or she is the holder of an airline transport pilot licence appropriate to that capacity.

(9) Where the Authority so approves, the holder of a commercial or senior commercial pilot licence may fly a regular public transport aircraft.

(10) Notwithstanding anything contained in the preceding provisions of this regulation or regulation 56, a person may:

(a) fly, for the purpose of undergoing flight instruction by the holder of a valid flight instructor rating, an aerial work aircraft for a period not exceeding 3 hours if accompanied by the flight instructor and if the flight instructor is satisfied that that person is able to understand instructions given in the English language and is capable of carrying out those instructions during the flight;

(b) if the person has:

(i) completed the period of flying referred to in the last preceding paragraph;

(ii) applied for a student pilot licence; and

(iii) submitted to any relevant medical examination that, in the case of the person, is required by the Authority under paragraph 62 (2) (a);

fly, for the purpose of undergoing flight instruction by the holder of a valid flight instructor rating, an aerial work aircraft for a further period, being a period not exceeding 9 hours, if accompanied by the flight instructor;

(i) for the purpose of receiving practical flight instruction and increasing his or her skill to the standards required for the

initial issue of a licence of a higher category, an aerial work aircraft used for flying training; or

(ii) for the purpose of qualifying for the renewal of a licence of a higher category which is no longer valid, a private aircraft or an aerial work aircraft; or

(d) if the person has been granted a private pilot licence, fly:

(i) for the purpose of practising for the renewal of his or her private pilot licence, a private aircraft or an aerial work aircraft; or

(ii) for the purpose of increasing his or her skill to the standards required for the issue of an instrument rating or a commercial pilot licence, an aerial work aircraft used for flying training.

(11) The holder of a student pilot licence is not authorised to fly any aircraft:

(a) outside Australian territory, unless the holder has first obtained permission from the Authority for the flight;

(b) for the purpose of the holder receiving practical flight instruction and increasing his or her skill for the purpose of the initial issue of a licence of a higher category, unless he or she is accompanied by, or is under the supervision of, a licensed pilot who holds a flight instructor rating; or

(c) for the purpose of qualifying for the renewal of a licence of a higher category which is no longer valid, unless he or she is accompanied by, or is under the supervision of, a licensed pilot who holds a flight instructor rating or a valid commercial, senior commercial or airline transport pilot licence;

and is not authorised, during any flying referred to in paragraph (b) or paragraph (c), to fly an aircraft carrying any person other than the licensed pilot referred to in the applicable paragraph.

Duration of licences

58. (1) Subject to these Regulations, a licence issued under this Part shall remain in force for such period after the date of issue as is specified in the licence, but not exceeding:

(a) in the case of a student pilot licence—2 years;

(b) in the case of a private pilot licence—2 years;

(d) in the case of a pilot licence other than a student pilot licence, a private pilot licence or a commercial pilot licence—6 months;

(e) in the case of a navigator licence—one year;

(f) in the case of a flight radiotelephone operator licence—2 years;

(g) in the case of a flight radiotelegraph operator licence—one year; and

(h) in the case of an engineer licence—one year.

(2) A licence may be renewed from time to time for any period not exceeding that mentioned in subregulation (1) in respect of the issue of the licence.

Duration of ratings

59. (1) Subject to these Regulations, a rating endorsed on a licence under this Part remains in force from the day immediately succeeding the date of its endorsement until:

(a) the expiration of such period as is specified by the Authority, by notification in Civil Aviation Orders, as the maximum period for which a rating of that kind shall remain in force; or

(b) the expiration of the period for which the licence remains in force; whichever first occurs.

(2) A reference in subregulation (1) to the period for which a licence remains in force includes a reference to any period for which the licence has been renewed.

Ages of applicants for licences

60. (1) An applicant for a student pilot licence shall not be less than 16 years of age at the date of application for the initial issue of the licence.

(2) An applicant for a private pilot licence shall not be less than 17 years of age at the date of application for the initial issue of the licence.

(3) An applicant for a commercial pilot licence shall not be less than 18 years of age at the date of application for the initial issue of the licence.

(4) An applicant for a senior commercial pilot licence shall not be less than 21 years of age at the date of application for the initial issue of the licence.

(5) An applicant for a second class airline transport pilot licence shall not be less than 18 years of age at the date of application for the initial issue of the licence.

(6) An applicant for a first class airline transport pilot licence shall not be less than 21 years of age at the date of application for the initial issue of the licence.

(7) An applicant for a navigator licence shall not be less than 19 years of age at the date of application for the initial issue of the licence.

(8) An applicant for a flight radiotelephone operator licence shall not be less than 16 years of age at the date of application for the initial issue of the licence.

(9) An applicant for a flight radiotelegraph operator licence shall not be less than 19 years of age at the date of application for the initial issue of the licence.

(10) An applicant for an engineer licence shall not be less than 21 years of age at the date of application for the initial issue of the licence.

Proof of identity

61. An applicant for the grant of a licence under this Part or for the endorsement of a rating on such a licence may be required by an authorised person to produce satisfactory proof of his or her identity immediately prior to:

(a) undergoing an examination; or

(b) the grant of the licence or the endorsement of the rating on the licence.

Medical standards

62. (1) This regulation applies to a licence under this Part other than a licence referred to in subparagraph 56 (1) (d) (i) or (ii).

(2) Subject to this regulation and to regulation 63, an applicant for the grant of a licence to which this regulation applies is not eligible for the grant of the licence unless:

(a) the applicant submits to any relevant examination that, in the case of the applicant, is required by the Authority;

(b) at the time of any such examination the applicant informs the approved person conducting the examination whether he or she has previously undergone an examination of the same kind as that examination for the purpose of the grant of a licence and, where the applicant has previously undergone such an examination for that purpose, he or she furnishes particulars of the results of that examination;

(c) the applicant answers all questions put to him or her by the approved person carrying out the examination that are necessary for determining whether the applicant meets the medical standards referred to in paragraph (e);

(d) the applicant authorises the disclosure to the Authority of any information concerning the applicant:

(i) that is within the knowledge of any medical practitioner;

(ii) that is within the knowledge of any person (other than a medical practitioner) who has carried out on the applicant an examination of a kind that the applicant could be required to undergo as a relevant examination; or

(iii) that is held by any hospital or other medical organization; being information that may assist in determining whether the applicant meets the relevant medical standards referred to in paragraph (e); and

(e) the applicant meets the relevant medical standards notified by the Authority in Civil Aviation Orders.

(3) When an applicant for renewal of a licence is a member of the operating crew of an aircraft operated in circumstances which render it impracticable for the applicant to submit to a relevant examination, the examination may be deferred by the Authority:

(a) in the case of the holder of a student pilot licence, of a private pilot licence or of a flight radiotelephone operator licence—once for a period not exceeding 6 months; or

(b) in the case of the holder of any other licence—for 2 consecutive periods not exceeding 3 months each.

(4) The medical examination of an applicant for renewal of a licence of a class referred to in paragraph (3) (b) shall be deferred only upon the condition that the applicant obtains and submits to the Authority on each occasion a satisfactory medical certificate by a qualified medical practitioner.

(5) In this regulation, “relevant examination” means an examination or test conducted by an approved person for the purpose of ascertaining whether an applicant for the grant of a licence to which this regulation applies meets the relevant medical standards notified by the Authority in Civil Aviation Orders.

Authority to reconsider in certain circumstances refusal to grant licence

63. (1) Where:

(a) the Authority refuses to grant a licence to which regulation 62 applies on the ground only that the applicant for the grant of the licence has failed to meet the medical standards referred to in paragraph 62 (2) (e); and

(b) the applicant, within 21 days after the date on which he or she receives notification of the refusal, makes a written request to the Authority for the grant of the licence under this regulation and specifies therein the reasons why, in his or her opinion, the grant of the licence would not be likely to affect the safety of air navigation;

the Authority may grant the licence to the applicant subject to such conditions or limitations as the Authority, having regard to the medical condition, experience and ability of the applicant, considers necessary in the interests of the safety of air navigation.

(2) Any conditions or limitations subject to which a licence is granted under subregulation (1) shall be specified in the licence.

(3) Where the Authority refuses to grant a licence under subregulation (1), the Authority shall notify the applicant in writing of the refusal specifying the grounds of the refusal and the facts or circumstances that constitute that ground.

Temporary medical unfitness of persons holding licences

64. (1) A holder of a licence under this Part shall not perform the duties in respect of which he or she is licensed during any period for which he or she suffers an incapacity resulting from illness or injury, even if only a temporary incapacity resulting from a common minor ailment, which is likely to impair his or her efficiency in performing those duties.

(2) Where the incapacity impairs the efficiency of the holder of a licence for the performance of the duties in respect of which he or she is licensed:

(a) in the case of a student pilot licence, a private pilot licence, or a flight radiotelephone operator licence—for a period of 30 days or more;

(b) in the case of any other licence—for a period of 7 days or more;

the holder of the licence shall not resume the performance of those duties until a qualified medical practitioner has certified that he or she has recovered from the incapacity.

(3) A holder of a licence who obtains a medical certificate in accordance with subregulation (2) shall forward the certificate to the Authority immediately after its receipt by him or her.

Aeronautical knowledge, experience and skill

65. (1) An applicant for a licence or rating under this Part shall, before the licence is granted or the rating is endorsed on the licence:

(a) pass such examinations; and

(b) produce such evidence of his or her aeronautical experience;

applicable to the licence or rating sought as the Authority, by notification in Civil Aviation Orders, directs.

(2) In specifying the requirements for examinations appropriate to radio operator licences, the Authority shall take into account the provisions of Article 24 of the Radio Regulations annexed to the International Telecommunications Convention signed at Buenos Aires on the twenty-second day of December, 1952, insofar as they relate to air navigation.

Pilot licence to be in respect of particular types and categories of aircraft

66. (1) A pilot licence shall be valid only for the types and categories of aircraft which the applicant has produced satisfactory evidence of his or her ability to fly.

(2) The types and categories of aircraft for which a licence is valid shall be specified by endorsement in the licence.

(3) The holder of a pilot licence in respect of any particular type of aircraft may apply to have any other type or category of aircraft endorsed in the licence.

(4) The Authority may, subject to such conditions as the Authority considers necessary in the interests of safety, authorise a pilot to act as pilot or pilot in command of an aircraft of a type or category which is not endorsed in his or her licence:

(a) for the purposes of testing the aircraft; or

(b) where he or she has qualified for the endorsement but his or her licence has not yet been endorsed.

(5) The endorsement of an additional type or category of aircraft in a pilot licence shall be conditional upon the applicant passing such examinations pertaining to the operation of the particular type or category as the Authority considers necessary in the interests of the safety of air navigation.

Endorsement of radio operator licences with types of aircraft and equipment

67. (1) A flight radiotelephone operator licence and a flight radiotelegraph operator licence shall be valid only for the types and categories of aircraft and the type of radio equipment endorsed in the licence.

(2) The holder of a flight radiotelephone operator licence or a flight radiotelegraph operator licence may apply to have an additional type or category of aircraft or an additional type of radio equipment endorsed in the licence.

(3) The endorsement of an additional type or category of aircraft or of an additional type of radio equipment in a flight radiotelephone operator licence or a flight radiotelegraph operator licence shall be conditional upon the applicant passing such practical tests pertaining to the operation of the particular type of equipment as the Authority considers necessary in the interests of the safety of air navigation.

Renewal of licences and ratings

68. An applicant for the renewal of a licence or a rating under this Part shall:

(a) submit the licence, together with an application for the renewal, completed in accordance with the approved form;

(b) furnish such information as the Authority requires with regard to the applicant’s recent experience in the capacity in which he or she seeks renewal of the licence or rating; and

(c) in the case of an application for the renewal of a rating—pass such examinations applicable to the rating as the Authority, by notification in Civil Aviation Orders, directs.

Recent experience

69. The holder of a licence or rating under this Part shall not fly unless he or she complies with such requirements relating to recent experience appropriate to the licence or rating as the Authority considers necessary in the interests of the safety of air navigation and specifies in Civil Aviation Orders.

Flight time limitations

70. (1) Unless authorised in pursuance of subregulation (2), the holder of a private pilot licence shall not fly as a flight crew member more than:

(a) 1,000 hours in any period of 12 consecutive months;

(b) 300 hours in any period of 90 consecutive days;

(d) 30 hours in any period of 7 consecutive days; or

(e) 8 hours in any period of 24 consecutive hours.

(2) Where:

(a) proper rest facilities are available in the aircraft and the composition of the flight crew of the aircraft is such as will allow relief from duty during flight;

(b) a rostering system for flight crew members and amenities available on the ground for those members so warrant; or

the Authority may authorise the holder of a private pilot licence to fly such hours in excess of those specified in paragraphs (1) (b), (c), (d) and (e) as the Authority considers may be flown with safety, subject to such conditions as the Authority specifies.

(3) The Authority may issue directions with respect to the rest periods to be granted to the holder of a private pilot licence.

Flight time limitations on holders of licences other than private pilot licences

71. The Authority may issue directions with respect to the circumstances in which a person who is the holder of a licence under this Part other than a private pilot licence shall not act in any capacity as a member of a flight crew of an aircraft or perform any other duties associated with his or her employment or in which an operator shall not require such a person to act in any capacity as a member of the flight crew of an aircraft or perform any other duties associated with his or her employment, and, in particular, with respect to:

(a) the number of hours that may be flown by such a person in any period as a member of the flight crew of an aircraft;

(b) the periods of tours of duty by such a person;

(d) the rest periods to be granted to such a person.

Re-examination etc. of holders of licences

72. (1) Whenever the Authority considers it necessary in the interests of the safety of air navigation for the holder of a licence under this Part, other than a licence referred to in subparagraph 56 (1) (d) (i) or (ii), to demonstrate continued fitness or proficiency in the capacity for which the licence or any rating or other endorsement on the licence is held, the Authority may require the holder of the licence to do one or more of the following things:

(a) to undergo any relevant examination;

(b) to undergo any other examination that relates to the fitness or proficiency of the holder of the licence;

(i) that is within the knowledge of any medical practitioner;

(ii) that is within the knowledge of any person (other than a medical practitioner) who has carried out on the holder of

the licence an examination of a kind that he or she could be required to undergo as a relevant examination; or

(iii) that is held by any hospital or other medical organization; being information that may assist in determining whether the holder of the licence meets the relevant medical standards referred to in paragraph 62 (2) (e).

(2) In subregulation (1), “relevant examination” means an examination or test conducted by an approved person for the purposes of ascertaining whether the holder of the licence meets the relevant medical standards referred to in paragraph 62 (2) (e).

Licences or certificates issued by authorities outside the Commonwealth

73. (1) Where any person who is the holder of a valid licence or certificate issued by the competent authority in any other country satisfies the Authority that the person has complied with the minimum conditions required under the Convention, the Authority may grant an Australian licence or certificate appropriate to the qualifications and experience of the person, subject to such conditions and limitations and for such period as the Authority thinks fit, or confer on the person’s licence or certificate the same validity for the purpose of acting as a member of the flight crew of an Australian aircraft or operating aircraft radio apparatus in Australian territory as if it had been granted under these Regulations.

(2) Notwithstanding subregulation (1), the Authority may refuse to recognise for the purpose of flight within Australian territory, or for the purpose of operating aircraft radio apparatus in Australian territory, a licence or certificate issued to an Australian citizen by the competent authority in any other country.

Publications to be possessed by licence holders

74. (1) The Authority may, by notification published in Civil Aviation Orders, determine the publications (if any) that are appropriate for use by a holder of a specified class of licence under this Part.

(2) The holder of a licence under this Part that is in force shall, when doing any act authorised by the licence, possess those publications (if any) that the Authority has, under subregulation (1), determined as being appropriate for use by a holder of the class of licence in which the licence is included.

PART VI—FLYING TRAINING

Flight instructors

75. A person shall not give to a student practical flight instruction in the piloting of an aircraft unless:

(a) that person is:

(i) the holder of a pilot licence endorsed with a flight instructor rating in accordance with Part V; or

(ii) in the case of practical flight instruction in the piloting of an aircraft in agricultural operations—authorised by the Authority to give such instruction;

(b) that person is, or instructs in association with, a person who is the holder of an Air Operator’s Certificate that authorises flying training; and

(c) the student has received, or is receiving, ground instruction in accordance with such directions as the Authority has issued.

Ground instructors

76. (1) The Authority may grant a ground instructor licence to any person whose qualifications the Authority is satisfied render him or her competent to give instruction in any of the theoretical subjects required to be passed by an applicant for any class of pilot, navigator, radio operator or flight engineer licence, and each subject in which the holder of the licence is authorised to instruct shall be endorsed on the licence in such a manner as the Authority directs.

(2) Subject to these Regulations, a ground instructor licence remains in force for such period after the date of issue as is specified in the licence, and may be renewed by the Authority from time to time for further periods.

(3) A person shall not act as a ground instructor in any subject unless the person is an approved person, approved for that particular purpose, or is the holder of a ground instructor licence authorised by endorsement on the licence to instruct in that particular subject.

PART VII—PERSONAL LOG BOOKS AND NAVIGATION LOGS

Personal log books

77. (1) Each member of the operating crew of an aircraft shall keep a personal log book.

(2) A personal log book shall contain the following particulars:

(a) the full name, address and date of birth of the member;

(b) the class, the number and the renewal date of the licence of the member in force under Part V;

(d) the past service of the member as a member of the operating crew of an aircraft; and

(e) a record of flights of the member.

Navigation logs

78. (1) The pilot in command of an aircraft shall keep a log of such navigational data as is required to enable him or her to determine the geographical position of the aircraft at any time while the aircraft is in flight.

(2) The log shall be kept in chronological order and, in the case of an Australian aircraft engaged on an international flight, shall include the following information:

(a) points of departure and destination;

(b) required track;

(d) headings flown;

(e) true airspeed;

(f) position lines, fixes and pinpoints obtained;

(g) times of alteration of headings;

(h) estimated times of arrival at turning points and destination; and

(i) such other information relevant to the navigation of the aircraft as the Authority directs.

Form of log books and logs

79. A log book or log kept under this Part shall be kept in accordance with such form, and in such manner, as the Authority directs.

Retention of log books and logs

80. The Authority may give directions specifying the period during which a log or log book kept under this Part is to be retained by the person keeping it.

Directions under this Part

81. A direction given under this Part 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 or her attention.

PART VIII—RADIO SYSTEMS FOR USE IN, OR IN CONNECTION WITH, AIRCRAFT

Equipment of Australian aircraft with radio systems

82. (1) An Australian aircraft engaged in a regular public transport service, and such other Australian aircraft as the Authority directs, shall be equipped with such radio systems as the Authority approves for the purpose.

(2) In approving a radio system for the purposes of subregulation (1), the Authority shall have regard to:

(a) the suitability and efficiency of the system for use in conjunction with the air route and airway facilities provided in pursuance of Part IX; and

(b) in the case of a system installed, or to be installed, in an aircraft engaged in international air navigation—the suitability and efficiency of the system in the conditions in which it is likely to be used.

(3) The Authority may, subject to such conditions as the Authority considers necessary, exempt an aircraft (other than an aircraft engaged in an international public transport service) from any requirement of this regulation.

Use and operation of radio systems by Australian aircraft

83. (1) The pilot in command of an Australian aircraft in which a radio system is installed (other than an aircraft that is in a country other than Australia or a Territory of the Commonwealth):

(a) shall not use, or permit the use of, the radio system except in accordance with the directions of the Authority;

(b) shall not operate the radio system while the aircraft is in flight unless the pilot is the holder of a flight radio operator’s licence issued under Part V that is applicable to the radio system;

(c) shall not permit the operation of the radio system while the aircraft is in flight except by a person who is the holder of a licence of a kind referred to in paragraph (b);

(d) shall not operate the radio system while the aircraft is on the ground unless the pilot is the holder of a radio operator’s certificate or licence issued under Part V or under the Radiocommunications Act 1983 that is applicable to the radio system; and

(e) shall not permit the operation of the radio system while the aircraft is on the ground except by a person who is the holder of a certificate or licence of a kind referred to in paragraph (d).

(2) The owner of a radio system used in connection with aircraft but not installed in an aircraft:

(a) shall not operate the radio system unless he or she is the holder of a certificate or licence of a kind referred to in paragraph (1) (d) that is applicable to the radio system; and

(b) shall not permit the operation of the radio system except by a person who is the holder of a certificate or licence of a kind referred to in paragraph (a).

(3) A person shall not operate a radio system installed in an aircraft or used in connection with aircraft unless:

(a) if the radio system is installed in an aircraft and the aircraft is in flight—the person is the holder of a licence referred to in paragraph (1) (b) that is applicable to the radio system; or

(b) in any other case—the person is the holder of a certificate or licence referred to in paragraph (1) (d) that is applicable to the radio system.

(4) The pilot in command of an Australian aircraft in which a radio system is installed and that is in a country other than Australia or a Territory of the Commonwealth shall not use, or permit the use of, the radio system except in accordance with the law of the country in which the aircraft is.

Use and operation of radio systems by foreign aircraft

84. The pilot in command of a foreign aircraft in which a radio system is installed and that is in Australian territory:

(a) shall not use, or permit the use of, the radio system unless there is in force a licence to install and operate the radio system issued by the appropriate authority of the country of nationality of the aircraft;

(b) shall not operate the radio system unless the pilot is the holder of an appropriate licence issued by the appropriate authority of the country of nationality of the aircraft; and

(c) shall not permit the operation of the radio system except by a person who is the holder of a licence of a kind referred to in the last preceding paragraph.

Directions under Part VIII

85. A direction given under this Part 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 or her attention.

PART IX—AERODROMES AND FACILITIES AND SERVICES

Division 1—Aerodromes, Air Routes and Airways

Establishment of air route and airway facilities

86. (1) The Authority may:

(a) establish, provide, maintain and operate air route and airway facilities;

(b) alter, abolish, remove or add to any air route or airway facilities so established or provided; and

(c) vary the character of any air route or airway facilities so established or provided, or of the signals or assistance given thereby.

(2) Air route and airway facilities established or provided in pursuance of this regulation shall be under the control and management of the Authority which may, subject to these Regulations, determine the conditions of the use thereof.

Designation of air routes and airways

87. The Authority may designate air routes and airways and may determine the conditions of the use thereof, and shall publish any such determination in Aeronautical Information Publications.

Licensing of aerodromes

88. (1) Upon application by the proprietor of any place, the Authority may issue to the proprietor an aerodrome licence authorising the use of the place as an aerodrome.

(2) An aerodrome licence shall be issued subject to such conditions as the Authority considers necessary to ensure compliance with the Convention and the safety of aircraft using the aerodrome.

(3) The proprietor of an aerodrome licensed under this regulation shall not enlarge, reduce or in any other manner alter the movement area of the aerodrome without the permission in writing of the Authority.

Authorisation of places for use as aerodromes

89. Subject to these Regulations, the Authority may, by specific or general description, authorise the use of any place as an aerodrome for the purposes of the landing and taking-off of such types of aircraft, engaged in such classes of operations and subject to such conditions as the Authority specifies in the instrument of authorisation.

Access of official aircraft to aerodromes

90. Notwithstanding anything contained in this Part, all aircraft belonging to or employed in the service of the Crown shall have access, at all times, to any licensed aerodrome.

Use of aerodromes by aircraft of Contracting States

91. (1) Aerodromes established under the Air Navigation Regulations or licensed under this Part and open to public use shall be open to any aircraft which possesses the nationality of a Contracting State.

(2) Subject to these Regulations, an aircraft which possesses the nationality of a Contracting State shall be entitled to use the aerodromes and all air navigation facilities, including radio and meteorological services, which are provided for public use for the safety and expedition of air navigation.

Use of aerodromes etc.

92. (1) An aircraft shall not land at, or take-off from, any place unless:

(a) the place is an aerodrome established under the Air Navigation Regulations;

(b) the use of the place as an aerodrome is authorised by a licence granted under regulation 88;

(i) the aircraft is of a type of aircraft authorised under that regulation to land and take-off from the place;

(ii) the aircraft is engaged in operations included in a class of operations specified by the Authority in the instrument of authorisation under that regulation that relates to the place; and

(iii) any conditions specified in that instrument of authorisation are complied with; or

(d) the place is an aerodrome in respect of which an arrangement under section 20 of the Act is in force and the use of the aerodrome by aircraft engaged in civil air navigation is authorised by the Authority under that section.

(2) The Authority may, in relation to:

(a) any aerodrome established under the Air Navigation Regulations or licensed or authorised under this Part; or

(b) any air route, airway or air route or airway facility established or designated under this Part;

issue such directions as the Authority considers necessary to ensure the safety of aircraft and compliance with the standards, recommended practices and procedures adopted from time to time in pursuance of the Convention.

Protection of certain rights

93. 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.

Dangerous lights

94. (1) Whenever any light is exhibited at or in the neighbourhood of an aerodrome, or in the neighbourhood of an air route or airway facility on an air route or airway, and the light is likely to endanger the safety of aircraft, whether by reason of glare, or by causing confusion with, or preventing clear reception of, the lights or signals prescribed in Part XII or of air route or airway facilities operated in pursuance of this Part, the Authority may authorise a notice to be served upon the owner of the place where the light is exhibited or upon the person having charge of the light directing that owner or person, within a reasonable time to be specified in the notice, to extinguish or to screen effectually the light and to refrain from exhibiting any similar light in the future.

(2) If any owner or person on whom a notice is served under this regulation fails, without reasonable cause, to comply with the directions contained in the notice, the owner or person shall be guilty of an offence.

(3) If any owner or person on whom a notice under this regulation is served fails, within the time specified in the notice, to extinguish or to screen

effectually the light mentioned in the notice, the Authority may authorise an officer, with such assistance as is necessary and reasonable, to enter the place where the light is and extinguish or screen the light, and may recover the expenses incurred by the Authority in so doing from the owner or person on whom the notice has been served.

Division 2—Obstruction Clearing and Marking

Removal or marking of objects which constitute obstructions or potential hazards to air navigation

95. (1) Subject to subregulation (6), whenever any object which is located on or within the denned limits of an aerodrome open to public use by aircraft engaged in international air navigation or air navigation within a Territory and which projects above the surfaces specified in subregulation (5) constitutes an obstruction or a potential hazard to aircraft moving in the navigable air space in the vicinity of an aerodrome, the Authority may authorise a notice to be served upon the owner of the property in which the object is located directing the owner, within such reasonable time as is specified in the notice:

(a) to remove the object or such portion of it specified in the notice as is practicable and necessary; or

(b) to install and operate lights on the object and mark it in accordance with the requirements of the Convention.

(2) The notice may be served either personally or by post or by affixing it in some conspicuous place near to the object to which the notice relates.

(3) If a person upon whom a notice is served in pursuance of this regulation fails to comply with the directions contained in the notice, the person shall be guilty of an offence, and the Authority may authorise an officer, with such assistance as is necessary and reasonable, to enter the place where the object is and to carry out the directions contained in the notice.

(4) All reasonable expenses and the amount of any actual loss or damage incurred and suffered by any person in complying with the directions contained in a notice served upon him in pursuance of this regulation may be recovered from the Authority.

(5) For the purposes of this regulation, “the defined limits” of an aerodrome means the area enclosed by the perimeter of the surface specified in paragraph (a), and the surfaces referred to in subregulation (1) are:

(a) the surface 45 metres above the elevation of the nearest limit of the landing area and extending horizontally outward for a distance of 3,000 metres;

(b) the surface extending outward from the end of a landing strip having the following dimensions and slopes:

(i) in the case of an aerodrome open only to aircraft making non-instrument approaches—the width of the landing strip at

the landing strip end; a width of 750 metres at a point 3,000 metres outward from the end of the landing strip and a slope of 1 in 40 rising outward from the end of the landing strip; or

(ii) in the case of an aerodrome open to aircraft making instrument approaches—the width of the landing strip at the landing strip end, a width of 1,200 metres at a point 3,000 metres outward from the end of the landing strip and a slope of 1 in 50 rising outward from the end of the landing strip;

(c) the surface sloping upwards and outwards from the edge of the surface specified in paragraph (b) to the intersection with the surface specified in paragraph (a) and having a slope of 1 in 7; and

(d) the surface sloping upwards and outwards from the boundary of the landing area to the intersection with the surface specified in paragraph (a) and having a slope of 1 in 7.

(6) This regulation does not apply to or in relation to an aerodrome referred to in a plan in a Schedule to the Civil Aviation (Buildings Control) Regulations.

Dumping of rubbish

96. (1) In this regulation, “aerodrome” means:

(a) an aerodrome established under the Air Navigation Regulations;

(b) a place the use of which as an aerodrome is authorised:

(i) by a licence granted under regulation 88; or

(ii) by the Authority under regulation 89; or

(2) Where the Authority is satisfied that the presence of waste foodstuffs in the vicinity of an aerodrome constitutes or may constitute such an attraction to birds as to create a hazard or a potential hazard to aircraft using that aerodrome or flying in the vicinity of that aerodrome, the Authority may, by notice in the Gazette, declare that area to be an area of land to which this regulation applies.

(3) A person shall not leave waste foodstuffs on, or bring waste foodstuffs onto, an area of land to which this regulation applies.

Penalty: $5,000.

(4) The Authority may, by notice in writing, require the owner of land on which waste foodstuffs are, being land within an area of land to which this regulation applies, to remove, within a time specified in the notice, the waste foodstuffs from his or her land to a place outside an area of land to which this regulation applies or to deal, within a time, and in a manner, specified in the notice, with the waste foodstuffs.

(5) A notice under subregulation (4) may be served personally or by post.

(6) A person shall not fail to comply with the requirements of a notice served on him or her under subregulation (4).

Penalty: $5,000.

(7) If a person on whom a notice under subregulation (4) is served fails to comply with the requirements of the notice, an officer authorised for the purpose by the Authority may, with such assistance as is necessary and reasonable, enter upon the land and remove or deal with the waste foodstuffs.

Division 3—Air Traffic Control

Establishment etc. of Air Traffic Control

97. The Authority may establish, maintain and operate a service, which shall be known as “Air Traffic Control”.

Functions of Air Traffic Control

98. (1) The functions of Air Traffic Control shall be:

(a) the prevention of collisions between aircraft, and, on the manoeuvring area, between aircraft and obstructions;

(b) expediting and maintaining an orderly flow of air traffic;

(d) the control of the initiation, continuation, diversion or termination of flight in order to ensure the safety of aircraft operations; and

(e) notifying appropriate organisations regarding aircraft known to be or believed to be in need of search and rescue aid, co-ordinating search and rescue aid and otherwise assisting those organisations as required.

(2) The Authority may, by means of Civil Aviation Orders, AIP or NOTAMS, as the case requires, give such instructions and directions on matters within the functions of Air Traffic Control as the Authority considers necessary.

Designation of airspace

99. (1) The Authority may designate:

(a) an aerodrome at which aerodrome control service is provided as a controlled aerodrome;

(b) airspace that is within defined horizontal and vertical limits as a control area or a control zone;

(d) airspace in respect of which operational control service is provided as an operational control area; and

(e) airspace, not being airspace referred to in paragraph (b), (c) or (d), as airspace in respect of which operational control service is provided only to regular public transport aircraft.

(2) Where the Authority designates an aerodrome or an airspace under subregulation (1), the Authority shall cause a notification of the designation, including details of the boundaries of the airspace, to be published in Aeronautical Information Publications or, where the designation is of a temporary nature, in NOTAMS.

(3) Where:

(a) an aircraft that is experiencing difficulties requests assistance; or

(b) Air Traffic Control has reason to believe, on meteorological or other advice, that an aircraft is not aware of all of the operational factors affecting the flight that it is undertaking;

operational control service may be provided to that aircraft whether or not the area in which it is operating is an area to which operational control service would otherwise be provided.

Compliance with air traffic control clearances and air traffic control instructions

100. (1) An aircraft shall comply with air traffic control instructions.

(2) Subject to subregulation (3), and unless otherwise authorised by the appropriate Air Traffic Control Unit or by a notification in Aeronautical Information Publications or in NOTAMS, an aircraft shall not:

(a) enter, operate in, or leave a control area;

(b) operate outside a control area as a result of a diversion out of that control area in accordance with Air Traffic Control instructions; or

except in accordance with an air traffic control clearance in respect of the aircraft.

(3) If an emergency arises that, in the interests of safety, necessitates a deviation from the requirements of an Air Traffic Control clearance or Air Traffic Control instructions, the pilot in command may make such deviation as is necessary but shall forthwith inform Air Traffic Control of the deviation.

(4) The pilot in command of an aircraft is responsible for compliance with air traffic control clearances and air traffic control instructions.

(5) For the purpose of this regulation, where operational control service is provided to an aircraft under paragraph 99 (1) (e), “control area”, in relation to that aircraft, includes the airspace referred to in that paragraph.

Procedure when Air Traffic Control not in operation

101. An aircraft operating in a control zone or at a controlled aerodrome shall not be required to comply with the provisions of paragraph 100 (2) (c) during any period in which Air Traffic Control is not in operation in respect of that control zone or controlled aerodrome.

Air traffic controller to be specially authorised or licensed

102. (1) A person shall not act in any capacity in Air Traffic Control unless:

(a) the person is authorised in writing by the Authority to act in that particular capacity; or

(b) the person holds a licence granted or rendered valid under this Division and that licence is endorsed with the rating prescribed by regulation 103 as appropriate for a person acting in that particular capacity.

(2) The Authority may grant and endorse licences for the purposes of this Division and shall specify in each licence the period for which, subject to these Regulations, it remains in force.

(3) A licence granted, and a rating endorsed on a licence, under this regulation shall be deemed to be subject to such conditions as the Authority considers necessary in the interests of the safety of aircraft, of persons on board aircraft and public safety and notifies in Civil Aviation Orders.

Classification of ratings

103. The classes of ratings that may be endorsed on air traffic controller licences are as follows:

(a) aerodrome control rating, being a rating authorising the holder of the rating to provide, or supervise the provision of, such aerodrome control services as are specified in the rating;

(b) approach control rating, being a rating authorising the holder of the rating to provide, or supervise the provision of, such approach control services, for such aerodromes, as are specified in the rating;

(c) area control rating, being a rating authorising the holder of the rating to provide, or supervise the provision of, such area control services, within such control areas, as are specified in the rating;

(d) operational control rating, being a rating authorising the holder of the rating to provide, or supervise the provision of, such operational control services, in such areas, as are specified in the rating;

(e) radar rating, being a rating authorising the holder of the rating to provide, or supervise the provision of, such radar services, in such areas, as are specified in the rating; and

(f) search and rescue rating, being a rating authorising the holder of the rating to provide, or supervise the provision of, such search and rescue services as are specified in the rating,

Qualifications for grant of air traffic controller licence

104. (1) A person is not eligible to be granted an air traffic controller licence unless:

(a) the person has attained the age of 21 years;

(b) the person meets the relevant medical standards notified by the Authority in Civil Aviation Orders; and

(c) the person has passed such examinations, and has produced evidence of such practical experience in relation to the licence or rating sought, as the Authority requires and notifies in Civil Aviation Orders.

(2) For the purposes of subregulation (1), a person shall not be taken to meet the relevant medical standards notified by the Authority in Civil Aviation Orders if:

(a) the person fails to submit to any relevant examination that, in the case of that person, is required by the Authority;

(b) at the time of any such examination:

(i) the person fails to inform the approved person conducting the examination whether he or she has previously undergone an examination of the same kind as that examination for the purpose of the grant of a licence;

(ii) where the person has previously undergone such an examination for that purpose, he or she fails to furnish particulars of the results of that examination; or

(iii) the person fails to answer all questions put to him or her by the approved person carrying out the examination that are necessary for determining whether the person meets the relevant medical standards; or

(i) that is within the knowledge of any medical practitioner;

(ii) that is within the knowledge of any person (other than a medical practitioner) who has carried out on the person an examination of a kind that the person could be required to undergo as a relevant examination; or

(iii) that is held by any hospital or other medical organization;

being information that may assist in determining whether the person meets the relevant medical standards referred to in paragraph (1) (b).

(3) In this regulation, “relevant examination” means an examination or test conducted by an approved person for the purpose of ascertaining, in relation to the eligibility of a person for the grant of an air traffic controller licence, whether the person meets the relevant medical standards notified by the Authority in Civil Aviation Orders.

Temporary medical unfitness of holder of licence

105. Where a person, being:

(a) the holder of an air traffic controller licence; or

(b) a person referred to in paragraph 102 (1) (a);

suffers an incapacity resulting from illness or injury (even if only a temporary incapacity resulting from a common minor ailment) that is likely to impair his or her efficiency in performing the duties that he or she is licensed or

authorised to perform, he or she shall not, during the period of incapacity, perform those duties.

Duration of ratings

106. Subject to these Regulations, a rating endorsed on a licence under this Division remains in force for the period for which the licence remains in force or a period of 12 months, whichever is the less.

Re-examination etc. of holders of licences and ratings

107. (1) Whenever the Authority considers it necessary in the interests of the safety of air navigation for the holder of an air traffic controller licence to demonstrate his or her continued fitness or proficiency in the capacity for which the licence or any rating endorsed on the licence is held, the Authority may require the holder of the licence to do one or more of the following things:

(a) to undergo any relevant examination;

(b) to undergo any other examination that relates to the fitness or proficiency of the holder of the licence;

(i) that is within the knowledge of any medical practitioner;

(ii) that is within the knowledge of any person (other than a medical practitioner) who has carried out on the holder of the licence an examination of a kind that he or she could be required to undergo as a relevant examination; or

(iii) that is held by any hospital or other medical organization;

being information that may assist in determining whether the holder of the licence meets the relevant medical standards referred to in paragraph 104 (1) (b).

(2) In subregulation (1), “relevant examination” means an examination or test conducted by an approved person for the purpose of ascertaining whether the holder of the licence meets the relevant medical standards referred to in paragraph 104 (1) (b).

Licence issued by authority other than Australian

108. Where the holder of a licence, issued by the competent authority of a country other than Australia, that is similar to an air traffic controller licence satisfies the Authority that he or she has complied with the minimum conditions required under the Convention, the Authority may grant an air traffic controller licence subject to such conditions and limitations, and for such period, as the Authority thinks fit, or may confer on the first-mentioned licence the same validity for the purpose of the holder’s acting as an air traffic controller in Australian territory as if the licence had been granted under this Division.

Division 4—Flight Service

Establishment etc. of Flight Service

109. The Authority may establish, maintain and operate a service, which shall be known as “Flight Service”.

Functions of Flight Service

110. (1) The functions of Flight Service shall be:

(a) the provision of such advice and information as may be required for the safe and efficient conduct of flights; and

(b) notifying appropriate organisations regarding aircraft known to be or believed to be in need of search and rescue aid and assisting those organisations as required.

(2) The Authority may, by means of Civil Aviation Orders, Aeronautical Information Publications or NOTAMS, as the case requires, give such instructions and directions on matters within the functions of Flight Service as are necessary for the efficient performance of its functions.

Designation of airspace

111. (1) The Authority may designate airspace that is within defined horizontal and vertical limits as a flight information area or an aerodrome flight information zone.

(2) Where the Authority designates an airspace under subregulation (1), the Authority shall cause a notification of the designation, including details of the boundaries of the airspace, to be published in Aeronautical Information Publications or, where the designation is of a temporary nature, in NOTAMS.

Flight Service officers to be specially authorised or licensed

112. (1) A person shall not act in any capacity in Flight Service unless:

(a) the person is authorised in writing by the Authority to act in that particular capacity; or

(b) the person holds a licence granted or rendered valid under this Division and that licence is endorsed with the rating prescribed by regulation 113 as appropriate for a person acting in that particular capacity.

(2) The Authority may grant and endorse licences for the purposes of this Division and shall specify in each licence the period for which, subject to these Regulations, it remains in force.

(3) A licence granted, and a rating endorsed on a licence, under this regulation is subject to such conditions as the Authority notifies in Civil Aviation Orders, being conditions that the Authority considers necessary in the interests of the safety of aircraft, of persons on board aircraft and public safety.

Classification of ratings

113. The classes of ratings that may be endorsed on flight service officer licences are as follows:

(a) flight information and alerting rating, being a rating authorising the holder of the rating to provide, or supervise the provision of, such flight information and alerting services, for such flight information areas, as are specified in the rating; and

(b) aerodrome flight information and alerting rating, being a rating authorising the holder of the rating to provide, or supervise the provision of, such aerodrome flight information and alerting services, for such aerodrome flight information zones, as are specified in the rating.

Qualifications for grant of flight service officer licence

114. A person is not eligible to be granted a flight service officer licence unless:

(a) the person has attained the age of 21 years;

(b) having submitted to a medical examination conducted by an approved medical practitioner and having at the time of that medical examination furnished, or authorised the furnishing of, his or her medical history, the person establishes that he or she meets the medical standards that the Authority notifies in Civil Aviation Orders; and

(c) the person has passed such examinations, and has produced evidence of such practical experience in relation to the licence or rating sought, as the Authority notifies in Civil Aviation Orders.

Medical unfitness of holder of licence

115. Where a person, being:

(a) the holder of a flight service officer licence; or

(b) a person referred to in paragraph 112 (1) (a);

Duration of ratings

116. Subject to these Regulations, a rating endorsed on a licence under this Division remains in force for the period for which the licence remains in force or a period of 12 months, whichever is the less.

Re-examination of holders of licences

117. The Authority may, if it appears to be necessary in the interests of the safety of air navigation for the holder of a flight service officer licence to demonstrate his or her continued fitness or proficiency in the capacity

for which the licence or any rating endorsed on the licence is held, require the holder of the licence to undergo a medical or other examination.

Licence issued by authority other than Australian

118. Where the holder of a licence, issued by the competent authority of a country other than Australia, that is similar to a flight service officer licence satisfies the Authority that he or she has complied with the minimum conditions required under the Convention, the Authority may grant a flight service officer licence subject to such conditions and limitations, and for such period, as the Authority thinks fit, or may confer on the first-mentioned licence the same validity for the purpose of the holder’s acting as a flight service officer in Australian territory as if the licence had been granted under this Division.

Division 5—Meteorological Services

Provision of meteorological information

119. (1) The Authority shall make arrangements with the Director of Meteorology for the provision of meteorological information in such form and in such manner and at such places as the Authority considers necessary to ensure the safe, economic and regular operation of aircraft and to give effect to the Convention.

(2) To the extent (if any) to which the Director of Meteorology is unable to furnish the meteorological information considered necessary by the Authority for the purpose specified in subregulation (1), the Authority may make such other arrangements as are necessary for that purpose.

Weather reports not to be used unless made with authority

120. Weather reports of actual or forecasted meteorological conditions shall not be used in the planning, conduct and control of flights unless the meteorological observations, forecasts and reports were made with the authority of the Director of Meteorology or by a person or persons approved for the purpose by the Authority.

Division 6—Search and Rescue Service

Establishment etc. of search and rescue organisation

121. The Authority may make arrangements for the establishment, maintenance and operation of a search and rescue service for the purpose of assisting aircraft which may be in need of search and rescue assistance.

Compliance with Convention requirements

122. A search and rescue organisation established in pursuance of regulation 121 shall be operated in accordance with the requirements of the Convention.

Requisitioning of aircraft for search and rescue operations

123. (1) The Authority may requisition aircraft, water craft or land vehicles and may engage persons to operate those craft or vehicles for the purpose of search and rescue operations in connection with search for a missing aircraft or rescue of its crew and passengers.

(2) The amount of any loss, whether of revenue or otherwise, suffered and of any expense incurred by the owner of an aircraft, water craft or land vehicle requisitioned in pursuance of this regulation may be recovered from the Authority.

(3) A person engaged in pursuance of this regulation may recover from the Authority reasonable remuneration and the amount of any expenses incurred by him or her,

Application of Division in relation to state aircraft

124. Subregulation 3 (5) does not affect the application of this Division to and in relation to:

(a) state aircraft which may be in need of search and rescue assistance; or

(b) the search for a missing state aircraft or rescue of its crew or passengers.

Division 7—Rescue and Fire Fighting Service

Interpretation

125. In this Division:

“aircraft” includes a state aircraft;

“Rescue and Fire Fighting Service” means a Rescue and Fire Fighting Service established and maintained at an aerodrome under regulation 126;

“State fire brigade” means a fire brigade established and maintained under a law of a State, and includes a fire brigade established and maintained under a law of a Territory of the Commonwealth.

Establishment etc. of Service

126. The Authority may establish and maintain a Rescue and Fire Fighting Service at an aerodrome that:

(a) is maintained and operated by the Minister under the Air Navigation Regulations; or

(b) is the subject of an aerodrome licence issued under Division 1 of this Part.

Functions of Service

127. A Rescue and Fire Fighting Service established and maintained at an aerodrome under regulation 126 is responsible for all operations in connection with:

(a) the rescuing of persons and property from an aircraft that has crashed, has caught on fire or has otherwise been involved in an accident on, or in the vicinity of, the aerodrome; and

(b) the control and extinguishing of, and the protection of persons and property threatened by:

(i) a fire at the aerodrome, whether in an aircraft or elsewhere on the aerodrome; or

(ii) a fire in the vicinity of the aerodrome, being a fire that is in, or that originated in, an aircraft.

Duties and powers of officer in charge of Service

128. (1) Except to the extent that it is otherwise provided by an arrangement under regulation 129, the officer in charge of a Rescue and Fire Fighting Service shall take charge of any operation for which the Service is responsible under regulation 127.

(2) Where the officer in charge of a Rescue and Fire Fighting Service has taken charge of an operation in accordance with subregulation (1), the officer:

(a) may give such directions as the officer thinks proper for the purpose of carrying out the operation to:

(i) members of the Rescue and Fire Fighting Service;

(ii) members of a State fire brigade who are taking part in the operation in accordance with an arrangement under regulation 129; or

(iii) persons who have voluntarily placed their services at his or her disposal; and

(b) may take such measures as the officer thinks proper for the purpose of carrying out the operation.

(3) Without limiting the generality of paragraph (2) (b), the officer in charge of a Rescue and Fire Fighting Service who has taken charge of an operation in accordance with subregulation (1) may, for the purpose of carrying out the operation:

(a) by force or otherwise, enter, take possession of, use, pull down, sink, damage, remove or destroy any premises, aircraft or other property;

(b) close to traffic a street, road or other thoroughfare;

(c) use, without payment, any convenient supply of water and shut off water from a main or pipe to obtain a greater pressure or supply of water;

(d) shut off or disconnect the supply of electricity to any premises;

(e) remove from any land, premises or aircraft any inflammable, explosive or dangerous material;

(f) order a person to leave any land, premises or aircraft;

(g) remove to such place as the officer thinks proper a person or thing the presence of whom or which is, in his or her opinion, interfering with, or threatening to interfere with, the operation;

(h) take a fire engine or other fire appliance through, over or upon any land or premises;

(i) shore up, pull down or destroy a wall or building that, in his or her opinion, is damaged or made insecure or may be dangerous to person or property; and

(j) direct or authorise the doing by:

(i) a member of the Rescue and Fire Fighting Service;

(ii) a member of a State fire brigade who is taking part in the operation in accordance with an arrangement under regulation 129; or

(iii) a person who has voluntarily placed his or her services at the disposal of the officer in charge;

of any act or thing that the officer in charge is, under this regulation, empowered to do.

(4) Where:

(a) a member of a Rescue and Fire Fighting Service or a member of a State fire brigade taking part in an operation in accordance with this regulation is of the opinion that, for the purpose of carrying out the operation, it is necessary or desirable to do an act or thing set out in paragraph (3) (a), (b), (c), (d), (e), (f) or (h); and

(b) it is not practicable for the member to request authority under paragraph (3) (j) for the doing of that act or thing;

the member may do that act or thing without that authority.

Arrangements with respect to State fire brigades

129. (1) The Authority may make an arrangement with a State or an authority of a State, or with the appropriate authorities of a Territory of the Commonwealth, with respect to the use, in connection with operations of a kind referred to in regulation 127, of a fire brigade established and maintained under a law of the State or of the Territory, as the case may be.

(2) Where a member of a State fire brigade is taking part in an operation at or in the vicinity of an aerodrome in accordance with an arrangement under subregulation (2), this Division applies to and in relation to him or her as if:

(a) he or she were a member of a Rescue and Fire Fighting Service established and maintained at the aerodrome; and

(b) if the member is in control of the operation in accordance with the arrangement—he or she were the officer in charge of that Service and had taken charge of the operation under subregulation 128 (1).

Policies of insurance against fire

130. Where damage is caused, whether directly or indirectly, to property by reason of the exercise of a power under regulation 128 in relation to a fire, the damage shall, for the purposes of any policy of insurance against fire covering the property damaged, be deemed to be damaged by fire, and shall be so deemed notwithstanding a provision to the contary in the policy.

Action not to lie against the Authority etc.

131. No action lies against the Authority or any person for any damage caused, whether directly or indirectly, to a person or property by reason of the exercise of a power under regulation 128.

Division 8—Statistical Returns

Statistical returns

132. (1) The owner of any aircraft shall furnish to the Authority, or to an authorised officer, such statistical returns or other information relating to the aircraft and the crew thereof, the goods carried, other work performed by the aircraft, the journeys made by the aircraft, and the development of defects or failures in the aircraft, its engines or its accessories as the Authority from time to time directs.

(2) An airline, or the owner of an aircraft engaged in a public transport service, which uses any air route or airway facility maintained and operated by the Authority in pursuance of regulation 86 shall furnish to the Authority, or to an authorised officer, such traffic reports as the Authority from time to time requires.

(3) The Authority or any other person shall not divulge or communicate any information furnished in pursuance of subregulation (2) except:

(a) in the course of duty to another person performing duties under these Regulations;

(b) with the consent of the airline or owner of the aircraft; or

(4) In accordance with Article 67 of the Convention, the Authority 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.

PART X—CONDITIONS OF FLIGHT

Division 1—General

Australian aircraft and unregistered aircraft

133. (1) Subject to subregulation (2) and to regulation 134, an Australian aircraft shall not commence a flight unless:

(a) it has a nationality mark and a registration mark painted on, or affixed to, it in accordance with Part III;

(b) there is in force in respect of it a certificate of airworthiness issued under regulation 24;

(c) there is in force in respect of it a maintenance release issued by virtue of paragraph 43 (7) (a) covering the period of the flight and the flight is not in contravention of any condition that:

(i) is set out or referred to in the maintenance release or in any other document approved for use as an alternative to the maintenance release for the purposes of regulation 49, or subregulation 43 (10); or

(ii) is applicable to the maintenance release by virtue of a direction given under regulation 44;

(d) any maintenance that is required to be carried out before the commencement of the flight, or that will be required to be carried out before the expiration of the flight, to comply with any requirement or condition imposed under these Regulations with respect to the aircraft has been certified, in accordance with a system of certification instituted under regulation 34 or in a manner acceptable to the Authority for the purposes of subregulation 41 (3), to have been completed; and

(e) it complies with these Regulations in respect of the number and description of, and the holding of licences and ratings by, the operating crew.

(2) Paragraph (1) (d) does not apply in relation to:

(a) any maintenance that was required to be carried out before:

(i) the issue of the maintenance release in force, or the last maintenance release that was in force, in respect of the aircraft; or

(ii) if that maintenance release was not a maintenance release issued by virtue of paragraph 43 (7) (a)—the issue of the last maintenance release in respect of the aircraft issued by virtue of that paragraph; or

(b) any approved maintenance carried out by the pilot in command of the aircraft.

(3) Except as provided by the Act and subject to this Division, an aircraft that is not registered under these Regulations, other than an aircraft possessing the nationality of a Contracting State employed in private operations, shall not fly within Australian territory.

Permission for certain flights

134. (1) The Authority or an authorised person may, on the application of a person, give permission to fly an aircraft in Australian territory on a particular flight, or on all flights during a specified period, for the purpose of:

(a) delivering the aircraft to a person under a contract of sale or with a view to sale;

(b) carrying out a demonstration, experiment or test in respect of the aircraft;

(c) bringing the aircraft to or from a place where a demonstration, experiment or test with respect to the aircraft is to take place or has taken place, as the case may be;

(d) bringing the aircraft to or from a place where maintenance on the aircraft is to be carried out, or has been carried out, as the case may be;

(e) assisting in searching for, bringing aid to or rescuing persons in danger on a particular occasion;

(f) assisting in dealing with a state of emergency;

(g) gaining endorsement of a pilot licence under regulation 66 in respect of an aircraft of the type or category in which that aircraft is included, that aircraft being an aircraft in respect of which no certificate of airworthiness has been issued under regulation 24;

(h) in respect of an aircraft in respect of which no certificate of airworthiness has been issued under regulation 24, complying with the requirements relating to recent experience appropriate to the licence or rating of the applicant that the Authority has specified in Civil Aviation Orders in pursuance of regulation 69; or

(i) obtaining flying practice in the aircraft for the purpose of flying that aircraft for a purpose specified in any of paragraphs (a) to (h) (inclusive).

(2) In giving permission for a flight under subregulation (1), the Authority or an authorised person may give such directions with respect to the flight as the Authority or the authorised person thinks necessary for the purpose of ensuring the safety of air navigation.

(3) Where the Authority or an authorised person gives permission for a flight under subregulation (1), the Authority or the authorised person may direct that:

(a) paragraphs (1) (a), (b), (c) and (d), and subregulation 133 (3), and regulation 139; or

(b) such of those provisions as the Authority or the authorised person specifies;

do not, or does not, apply in relation to the flight.

Foreign aircraft of Contracting States

135. An aircraft which possesses the nationality of a Contracting State shall not fly within, or depart from, Australian territory unless it complies with the provisions of these Regulations which are expressed to apply to such aircraft and with the requirements of the Convention in respect of:

(a) its nationality mark and registration mark;

(b) its certificate of airworthiness;

(d) the documents to be carried;

(e) the flight and manoeuvre of aircraft; and

(f) the provision of radio apparatus.

Foreign state aircraft

136. A state aircraft other than an Australian military aircraft shall not fly over or land on Australian territory except on the express invitation or with the express permission of the Authority, but any aircraft so flying or landing on such invitation or with such permission shall be exempt from the provisions of these Regulations except to such extent as is specified in the invitation or permission.

Pilotless aircraft

137. An aircraft capable of being flown without a pilot shall not be flown without a pilot within Australian territory except with the authorisation in writing of the Authority and in accordance with such conditions as the Authority specifies in the instrument of authorisation.

Flight manual

138. (1) The Authority may, for the purposes of these Regulations:

(a) approve a flight manual for an aircraft, and any subsequent alterations to that flight manual, prepared by, or on behalf of, the manufacturer, owner or operator of the aircraft;

(b) authorise the manufacturer, owner or operator of an aircraft to issue a flight manual for the aircraft and to issue subsequent alterations to that flight manual; or

(2) A flight manual referred to in subregulation (1) shall contain information and instructions relating to:

(a) the identification of the aircraft;

(b) unless the Authority otherwise approves, the operating procedures and the limitations of the aircraft;

(d) the date (if any) on which, or the period (if any) after which, the flight manual ceases to have effect.

(3) The Authority may, for the purpose of ensuring the safety of air navigation, direct the owner or operator of an Australian aircraft to make any alteration in the flight manual for the aircraft that is specified in the direction.

(4) The pilot in command of an Australian aircraft shall comply with all the requirements, procedures and limitations with respect to the operation of the aircraft set out in the flight manual for the aircraft.

Documents to be carried in Australian aircraft

139. (1) Subject to this regulation and to regulation 134, an Australian aircraft shall, when flying, carry:

(a) its certificate of registration;

(b) its certificate of airworthiness;

(c) unless the Authority otherwise approves, its maintenance release and any other document approved for use as an alternative to the maintenance release for the purposes of a provision of these Regulations;

(d) the licences of the operating crew;

(e) the flight manual (if any) for the aircraft;

(f) any licence in force with respect to the radio equipment in the aircraft;

(g) if the aircraft is carrying passengers—a list of the names, places of embarkation and places of destination of the passengers;

(h) if the aircraft is carrying cargo—the bills of lading and manifests with respect to the cargo; and

(i) unless the Authority otherwise approves, the records kept with respect to the aircraft under a direction given under regulation 54.

(2) An aircraft operating wholly within Australian territory is not required, when flying, to carry a document specified in paragraph (1) (a), (b), (f) or (g).

(3) The Authority may exempt an aircraft from the requirement of paragraph (1) (e) if the Authority is satisfied that the aircraft carries an operations manual or placards or other documents that provide the pilot in command with all the data contained in the flight manual for the aircraft.

Prohibited, restricted and danger areas

140. (1) The Authority may, by notice in writing, declare an area of Australian territory, specified in the notice by reference to its boundaries, to be a prohibited area, a restricted area or a danger area, either without limitation as to time or for such period as is specified in the notice.

(2) The Authority shall not, under subregulation (1):

(a) declare an area to be a prohibited area unless, in the Authority’s opinion, it is necessary for reasons of military necessity to prohibit the flight of aircraft over the area;

(b) declare an area to be a restricted area unless, in the Authority’s opinion, it is necessary in the interests of public safety to permit the flight of aircraft over the area only in accordance with specified conditions; or

(c) declare an area to be a danger area unless, in the Authority’s opinion, there exist within or over the area activities that constitute a potential danger to aircraft flying over it.

(3) Where the Authority declares a prohibited area, a restricted area or a danger area under subregulation (1), the Authority shall publish notice of the declaration of the area, including details of its boundaries, in Aeronautical Information Publications or, where the area is declared to be a prohibited area, restricted area or danger area for a period not exceeding 3 months, in NOTAMS.

(4) A notice referred to in subregulation (1) or (3) shall:

(a) in the case of a notice declaring a restricted area, specify the conditions in accordance with which the flight of aircraft over the area is permitted; and

(b) in the case of a notice declaring a danger area, contain sufficient information as to the nature of the danger to enable the pilot in command of an aircraft to take adequate precautions.

(5) An aircraft shall not:

(a) fly over a prohibited area; or

(b) fly over a restricted area except in accordance with the conditions specified in the notice declaring the area to be a restricted area.

(6) If the pilot in command of an aircraft finds that the aircraft is over a prohibited area or a restricted area in contravention of subregulation (5), the pilot shall:

(a) immediately have the aircraft flown to a position where it is not over the area;

(b) as soon as possible report the circumstances to the nearest Air Traffic Control unit; and

(c) land at such aerodrome as is designated by the Air Traffic Control unit and, for that purpose, obey any instructions given by the Air Traffic Control unit as to the movement of the aircraft.

(7) As soon as possible after the declaration of a prohibited area or of a restricted area, other than an area declared to be a prohibited area or restricted area for a period not exceeding 3 months, the Authority shall communicate to the International Civil Aviation Organization and to Contracting States the extent and location of the area.

Flying training areas

141. (1) For the purposes of flying training, the Authority may:

(a) designate an area as a flying training area; and

(b) authorise low flying or acrobatic flying over a specified part of that area.

(2) Where the Authority designates an area as a flying training area under subregulation (1), the Authority shall publish notice of the designation

of the flying training area, including details of its boundaries and of the part of the area (if any) over which low flying or acrobatic flying is authorised.

Vertical air photography

142. (1) A person, other than the holder of an Air Operator’s Certificate authorising operations for the purposes of aerial survey or aerial photography, shall not take a vertical air photograph.

(2) The Authority may authorise a person, in writing, to take vertical air photographs in accordance with the terms of the authority, and subregulation (1) does not apply in relation to photographs so taken.

(3) In this regulation, “vertical air photograph” means a photograph taken from an aircraft in flight when the optical axis of the camera lens is at an angle between 75° and 90° with the horizontal plane of the ground.

Carriage of firearms

143. A person, including a flight crew member, shall not, except with the permission of the Authority, carry in, or have in his or her possession in, an aircraft other than an aircraft engaged in charter operations or regular public transport operations a firearm.

Discharge of firearms in or from an aircraft

144. A person, including a flight crew member, shall not, except with the permission in writing of the Authority and in accordance with such conditions (if any) as are specified in the permission, discharge a firearm while on board an aircraft.

Emergency authority

145. In conforming with the rules contained in the provisions of Division 2 of this Part and in the provisions of Parts XI and XII, the pilot in command of an aircraft shall pay due regard to all dangers of navigation and collision and to any special circumstances which may render a departure from those rules necessary in order to avoid immediate danger.

Liability as to neglect of rules regarding lights etc.

146. Nothing in the rules contained in the provisions of Division 2 of this Part and in the provisions of Parts XI and XII shall exonerate any aircraft or the owner or hirer or pilot in command or crew thereof from the consequence of any neglect in the use of lights and signals, of any neglect to keep a proper lookout, or of the neglect of any precaution required by the ordinary practice of the air or the special circumstances of the case.

Australian aircraft in or over territory of a State which is not a Contracting State

147. When an Australian aircraft is in or over the territory of a State which is not a Contracting State, the rules contained in the provisions of Division 2 of this Part and the provisions of Parts XI and XII shall apply

to the aircraft only in so far as those rules do not conflict with the laws of that State.

Division 2—Flight Rules

Negligent etc. operation of aircraft

148. (1) An aircraft shall not be operated in a negligent manner or in a reckless manner so as to be likely to endanger life or the property of others.

(2) An aircraft shall not be flown in such a manner or in such circumstances as is or are likely to cause avoidable danger to any person or property (including animals) on land or water or in the air.

Towing

149. (1) Subject to this regulation, the pilot in command of an aircraft in flight shall not permit anything to be towed by such aircraft except with the permission of the Authority and in accordance with the Authority’s directions.

(2) Nothing in this regulation shall prevent the reasonable use or display from an aircraft in flight of radio aerials, or any signal apparatus, equipment or article required or permitted to be displayed or used by or from an aircraft in flight in accordance with the rules contained in the provisions of this Division and in the provisions of Parts XI and XII.

(3) Instruments for experimental purposes may be towed if the prior approval of the Authority has been given.

Dropping of articles

150. (1) Subject to this regulation, the pilot in command of an aircraft in flight shall not permit anything to be dropped from the aircraft.

(2) Nothing in this regulation shall prevent:

(a) the dropping of packages or other articles or substances:

(i) in the course of agricultural operations; or

(ii) in the course of any other operations with the prior approval of the Authority;

in accordance with the directions issued by the Authority to eliminate hazard to persons or property on the ground or on water;

(b) the dropping of ballast in the form of fine sand or water;

(c) the use of apparatus solely for the purpose of navigating an aircraft where the approval of the Authority to the type of apparatus and the method of use has previously been notified; or

(d) in an emergency, the jettisoning of liquid fuel or cargo over areas where hazard to persons or property on the ground or water is not created.

Picking up of persons or objects

151. Except with the prior authority of the Authority and in accordance with the conditions specified by the Authority, persons or objects shall not be picked up by an aircraft in flight.

Parachute descents

152. Parachute descents, other than necessary emergency descents, shall not be made unless authorised and conducted in accordance with the written specifications of the Authority.

Flight under simulated instrument flying conditions

153. An aircraft shall not be flown under simulated instrument flying conditions unless:

(a) fully functioning dual controls are installed in the aircraft; and

(b) a competent pilot occupies a control seat to act as safety pilot for the person who is flying under simulated instrument conditions and:

(i) the safety pilot has adequate vision forward and to each side of the aircraft; or

(ii) if the safety pilot’s field of vision is limited, a competent observer in communication with the safety pilot occupies a position in the aircraft from which his or her field of vision supplements that of the safety pilot.

Flight instruction to student for solo flying

154. Flight instruction and authorisation to a student for solo flying shall be such as to ensure that an aircraft piloted by the student shall not constitute a hazard to air navigation.

Acrobatic flight

155. (1) An aircraft:

(a) shall not be flown in acrobatic flight at night;

(b) shall not be flown in acrobatic flight except in V.M.C.; and

(c) shall not be flown in acrobatic flight of a particular kind unless the certificate of airworthiness of, or the flight manual for, the aircraft specifies that the aircraft may perform that type of acrobatic flight.

(2) For the purposes of subregulation (1), straight and steady stalls or turns in which the angle of bank does not exceed 60 degrees shall be deemed not to be acrobatic flight.

(3) Except with the permission in writing of the Authority, a person shall not engage in acrobatic flight in an aircraft:

(a) at a height lower than 3,000 feet above the highest point of the terrain, or any obstacle thereon, within a radius of 600 metres of a line extending vertically below the aircraft; or

(b) over a city, town, populous area, regatta, race meeting or meeting for public games or sports.

(4) Before engaging in acrobatic flight, the pilot of an aircraft shall take such action as is necessary to ensure that:

(a) any loose articles are removed from the aircraft or made secure in the aircraft;

(b) all locker and compartment doors of the aircraft are fastened;

(c) the safety harness or seat belt of any vacant seat is made secure so as to avoid the fouling of the controls of the aircraft;

(d) the dual controls (if any) of the aircraft are removed from the aircraft or rendered inoperative, unless the control seats are occupied in accordance with regulation 226 or the dual control seat is vacant; and

(e) every person in the aircraft is secured with correctly adjusted safety harness or seat belt.

Flying over public gatherings

156. (1) Except with the permission, in writing, of the Authority and in accordance with the conditions specified in the permit, an aircraft shall not be flown over any regatta, race meeting or public gathering.

(2) Nothing in subregulation (1) shall apply to an aircraft passing over a regatta, race meeting or public gathering in the process of:

(a) arriving at or departing from an aerodrome in the course of its normal navigation for so doing; or

(b) passing from place to place in the ordinary course of navigation.

Low flying

157. (1) An aircraft shall not fly over any city or town or other populous area except at such a height that the aircraft could land outside the city, town or populous area, in the event of the means of propulsion failing through any cause, or, if it is an aeroplane with more than one engine, at such a height that it could land outside the city, town or populous area, in the event of one of its engines failing.

(2) Without prejudice to the provisions of subregulation (1), an aircraft shall not fly over:

(a) any city, town or populous area, at a lower height than 1,500 feet; or

(b) any other area at a lower height than 500 feet.

(3) A height specified in subregulation (2) is the height above the highest point of the terrain, or any obstacle thereon, within a radius of 600 metres of a line extending vertically below the aircraft.

(4) The provisions of subregulations (1) and (2) shall not apply if:

(a) through stress of weather or any other unavoidable cause it is essential that a lower height be maintained;

(b) the aircraft is engaged in private operations or aerial work operations, being operations that require low flying, and the owner or operator of the aircraft has received from the Authority either a general

permit for all flights or a specific permit for the particular flight to be made at a lower height while engaged in such operations;

(c) the pilot of the aircraft is engaged in flying training and flies over a part of a flying training area in respect of which low flying is authorised by the Authority under subregulation 141 (1);

(d) the pilot of the aircraft is engaged in a baulked approach procedure, or the practice of such procedure under the supervision of a flight instructor or a check pilot;

(e) the aircraft is flying in the course of actually taking-off or landing at an aerodrome; or

(f) the pilot of the aircraft is engaged in a search and rescue operation and is either engaged in a search or is dropping supplies in relation to such an operation.

Reports at designated points or intervals

158. When radio apparatus is fitted to an aircraft, and a Flight Plan has been submitted in respect of the flight, the time and altitude of passing each reporting point designated by Air Traffic Control, together with any other required information, shall be reported by radio as soon as possible to Air Traffic Control, and, in the absence of designated reporting points, position reports shall be made at intervals specified by Air Traffic Control.

Procedure on radio failure

159. (1) If a radio failure precludes compliance with regulation 158 and regulation 243, the pilot in command of an aircraft shall:

(a) if in V.M.C.:

(i) continue to fly in V.M.C. and land at the most suitable aerodrome; and

(ii) report the aircraft’s position and the circumstances to Air Traffic Control as soon as possible; or

(b) if in I.M.C. or when weather conditions are such that it does not appear possible to complete the flight in accordance with paragraph (a):

(i) proceed in accordance with the current flight plan, maintaining the minimum safe cruising level or the last acknowledged assigned cruising level, whichever is higher, to the aerodrome of intended landing;

(ii) arrange the flight so as to arrive as closely as possible to his or her estimated time of arrival; and

(iii) commence descent as closely as possible to the expected approach time last received and acknowledged or, if no expected approach time has been received and acknowledged, as closely as possible to the estimated time of arrival specified in the current flight plan.

(2) In this regulation, the “most suitable aerodrome” means the nearest aerodrome suitable for the operation of the aircraft and at which radio,

telephonic or telegraphic communication facilities are available for reporting the aircraft’s position to Air Traffic Control.

PART XI—RULES OF THE AIR

Division 1—General

Interpretation

160. In this Division, an “overtaking aircraft” means an aircraft that approaches another aircraft from the rear on a line forming an angle of less than 70° with the plane of symmetry of the latter, that is to say, an aircraft that is in such a position with reference to another aircraft that at night it would be unable to see either of the forward navigation lights of the other aircraft.

Right of way

161. (1) An aircraft that is required by the rules in this Division to keep out of the way of another aircraft shall avoid passing over or under the other, or crossing ahead of it, unless passing well clear.

(2) An aircraft that has the right of way shall maintain its heading and speed, but nothing in the rules in this Division shall relieve the pilot in command of an aircraft from the responsibility of taking such action as will best avert collision.

Rules for prevention of collision

162. (1) When 2 aircraft are on converging headings at approximately the same height, the aircraft that has the other on its right shall give way, except that:

(a) power-driven heavier-than-air aircraft shall give way to airships, gliders and balloons;

(b) airships shall give way to gliders and balloons;

(d) power-driven aircraft shall give way to aircraft that are seen to be towing other aircraft or objects.

(2) When two aircraft are approaching head-on or approximately so and there is danger of collision, each shall alter its heading to the right.

(3) An aircraft that is being overtaken has the right-of-way and the overtaking aircraft, whether climbing, descending, or in horizontal flight, shall keep out of the way of the other aircraft by altering its heading to the right, and no subsequent change in the relative positions of the two aircraft shall absolve the overtaking aircraft from this obligation until it is entirely past and clear.

(4) An overtaking aircraft shall not pass the aircraft that it is overtaking by diving or climbing.

(5) An aircraft in flight, or operating on the ground or water, shall give way to other aircraft landing or on final approach to land.

(6) When two or more heavier-than-air aircraft are approaching an aerodrome for the purpose of landing, aircraft at the greater height shall give way to aircraft at the lesser height, but the latter shall not take advantage of this rule to cut-in in front of another that is on final approach to land, or overtake that aircraft.

(7) Notwithstanding anything contained in subregulation (6), power-driven heavier-than-air aircraft shall give way to gliders.

(8) An aircraft that is about to take-off shall not attempt to do so until there is no apparent risk of collision with other aircraft.

(9) An aircraft that is aware that another aircraft is compelled to land shall give way to that aircraft.

Operation in proximity to other aircraft

163. (1) An aircraft shall not be operated on the ground in such manner as to create a hazard to itself or to other aircraft, and, subject to subregulations (2) and (3), shall not be operated in the air in closer proximity to another aircraft than 600 metres horizontally and 500 feet vertically.

(2) Aircraft shall not fly in formation except by prearrangement and after notification has been given to Air Traffic Control, and then only in V.M.C. by day.

(3) The Authority may, in writing, specify circumstances in which an aircraft may be operated in the air in closer proximity to another aircraft than 600 metres horizontally and 500 feet vertically.

Division 2—Operation on and in the Vicinity of Aerodromes

Responsibility for compliance with rules of this Division

164. When operating an aircraft on or in the vicinity of an aerodrome the pilot in command shall be responsible for compliance by the aircraft with the rules contained in this Division.

Temporary suspension of rules

165. The Authority may, in respect of any specified aerodrome, temporarily suspend, either wholly or in part, the application of the rules contained in this Division.

Operation on and in the vicinity of an aerodrome

166. (1) The pilot in command of an aircraft which is being operated on or in the vicinity of an aerodrome shall:

(a) observe other aerodrome traffic for the purpose of avoiding collision;

(b) conform with or avoid the pattern of traffic formed by other aircraft in operation;

(c) when approaching an aerodrome, other than a controlled aerodrome, for the purpose of landing, join the pattern of traffic in use for the landing direction in the up-wind, cross-wind or down-wind leg, as the case may be;

(d) make all turns to the left when approaching for a landing or after taking-off, unless:

(i) the Authority has directed otherwise for a particular aerodrome; or

(ii) Air Traffic Control directs otherwise, either by radio, visual signal or signals displayed in the signal square;

(e) land and take-off, in so far as practicable, into the wind unless Air Traffic Control directs otherwise;

(f) before landing, descend in a straight line commencing at such a distance from the perimeter of an aerodrome as is common to the ordinary course of navigation for the aircraft type concerned, the commencement of that straight line not being nearer the perimeter of an aerodrome than 500 metres; and

(g) after take-off, not alter heading from the take-off heading at a height less than 500 feet above the terrain unless Air Traffic Control directs the alteration or unless the alteration is necessary due to the terrain.

(2) The provisions of paragraph (1) (c) do not apply to an aircraft conducting an instrument approach in I.M.C. if the instrument approach procedure requires the aircraft to join the pattern of traffic at any other point.

(3) The pilot in command of an aircraft that is being operated on or in the vicinity of an aerodrome shall not take the aircraft off from, or land the aircraft on, a part of the aerodrome outside the landing area of the aerodrome.

Procedure at controlled aerodromes

167. Where aerodrome control is in operation at an aerodrome, the pilot in command of an aircraft forming part of the aerodrome traffic shall:

(a) maintain a continuous listening watch on the radio frequency authorised for communications with aerodrome control service, or, if this is not possible, keep a watch for instructions which may be issued by visual signals; and

(b) obtain, either by radio or visual signals, prior authorisation for any manoeuvre preparatory to or associated with taxi-ing, landing or taking-off.

Aerodromes at which the operation of aircraft is not restricted to runways

168. (1) Subject to this regulation, at aerodromes at which the operation of aircraft is not restricted to prepared runways, aircraft, when landing and taking-off, shall, as far as possible, observe the following rules:

(a) aircraft, when landing, shall land on the right of any aircraft which has already landed or is about to land, or which is taking-off or about to take-off;

(b) aircraft, when taking-off, shall take-off on the right of any aircraft which is already taking-off;

(c) aircraft, when landing or taking-off, shall leave a reasonable space on the right for other aircraft to land or take-off;

(d) aircraft, when manoeuvring on the ground, shall normally do so in the direction of landing, but aircraft may cross the landing area if, in the course of the crossing, all turns are made to the left and the aircraft gives free way to all aircraft landing and taking-off.

(2) The rules specified in paragraphs (1) (a), (b), (c) and (d) do not apply at an aerodrome at which they would otherwise apply:

(a) where the Authority has directed that those rules are not to apply at that aerodrome;

(b) where a person performing duty in Air Traffic Control has, by radio, directed that those rules are not to apply at that aerodrome; or

(c) where a right-handed arrow of conspicuous colour is displayed in the signal area or at the end of the runway or strip in use at that aerodrome.

(3) At an aerodrome at which a ground signal of the kind referred to in paragraph (2) (c) is displayed, aircraft, when landing and taking-off, as far as possible shall observe the rules specified in paragraphs (1) (a), (b) and (c) as if the references in those paragraphs to “the right” were references to “the left” and shall observe the rule specified in paragraph (1) (d) as if the reference in that paragraph to “the left” was a reference to “the right”.

Preventing of collisions at sea

169. (1) Every aircraft in flight or in process of manoeuvring near the surface of the water, shall, as far as possible, keep clear of all vessels and avoid impeding their navigation.

(2) Subject to this regulation, every aircraft on the water shall comply with the International Regulations for Preventing Collisions at Sea as set forth in Schedule 3 to the Navigation Act 1912.

(3) In conforming with the International Regulations for Preventing Collisions at Sea, aircraft shall give due regard to the fact that in narrow channels steam vessels cannot manoeuvre so as to avoid collision and shall, as far as possible, keep clear of such vessels and avoid impeding their navigation.

(4) Notwithstanding anything contained in the International Regulations for Preventing Collisions at Sea, aircraft shall observe the following rules with respect to other aircraft and vessels:

(a) when aircraft, or an aircraft and a vessel are approaching one another and there is a risk of collision, the aircraft shall proceed with careful regard to existing circumstances and conditions including the limitations of the respective craft;

(b) an aircraft which is converging with another aircraft or a vessel on its right shall give way so as to keep well clear of that aircraft or vessel;

(c) an aircraft approaching another aircraft or a vessel head-on, or approximately head-on, shall alter its heading to the right so as to keep well clear of that aircraft or vessel;

(d) an aircraft or vessel which is being overtaken has the right of way, and the one overtaking shall alter its heading to keep well clear of the aircraft or vessel being overtaken.

(5) At a water aerodrome which is a controlled aerodrome, the following additional rules shall apply:

(a) an aircraft shall not take-off or alight unless the alighting area has been swept and is known to be clear of floating debris dangerous to the navigation of the aircraft except that, in an emergency, an aircraft may land in the safest part of the alighting area without delay;

(b) the pilot in command of an aircraft shall ensure that operations are conducted on the swept part of a water aerodrome by commencing his or her take-off or landing run from such a position that the control launch is on his or her left at no greater distance than seventy-five yards.

(6) At a water aerodrome which is a controlled aerodrome, the swept part of an alighting area shall be indicated by the control launch which shall take up position at the leeward and on the left side of the area and shall head into the direction of an aircraft taking-off or landing.

Division 3—Visual Flight Rules

Interpretation

170. In this Division, “flight level 200”, in relation to a time and place, means such a height above the ground or water that, if an aircraft were flying at that height at that time and place and had an altimeter adjusted to a reading on the sub-scale of 1013.2 millibars, the altimeter would show a height of 20,000 feet.

V.F.R. flight

171. (1) A flight conducted in accordance with the provisions of this Division is classed as a flight under the Visual Flight Rules.

(2) Where an aircraft cannot be flown in accordance with the Visual Flight Rules, the pilot in command shall comply with the Instrument Flight Rules contained in Division 4 of this Part or land at the nearest suitable aerodrome.

V.F.R. flights at less than 5,000 feet

172. (1) A V.F.R. flight shall not be conducted:

(a) at a height of, or less than, 2,000 feet above ground or water; or

(b) at such other times (if any) as the Authority directs;

unless the pilot in command of the aircraft is able to navigate by reference to the ground or water.

(2) Except as provided in subregulation (3) and to the extent that the appropriate Air Traffic Control unit otherwise directs, a V.F.R. flight shall not be conducted at a height that is less than 5,000 feet above mean sea level unless the flight visibility is equal to or greater than 5,000 metres and the aircraft is flown at a distance equal to or greater than 600 metres horizontally and 500 feet vertically from cloud.

(3) Notwithstanding the requirements of subregulation (2), a helicopter that is flown:

(a) with a flight visibility of less than 5,000 metres but equal to or greater than 800 metres;

(b) clear of cloud at a height of less than 700 feet above the ground or water;

(c) at a distance of not less than 10 miles from an aerodrome for which an instrument approach procedure has been approved; and

(d) at such a speed that the pilot in command has an adequate opportunity to observe any obstructions or other air-traffic in sufficient time to avoid a collision;

may conduct a V.F.R. flight outside controlled airspace.

V.F.R. flights at or above 5,000 feet

173. (1) A V.F.R. flight shall not be conducted at a height of 5,000 feet above mean sea level or between that height and flight level 200 unless:

(a) the flight visibility is equal to or greater than 8 kilometres;

(b) the aircraft is flown at a distance equal to or greater than 2,000 metres horizontally and 1,000 feet vertically from cloud; and

(c) when at cruising level, the aircraft is flown at a cruising level appropriate to its magnetic track as notified by the Authority in Aeronautical Information Publications or in NOTAMS.

(2) Notwithstanding the requirements of subregulation (1), where:

(a) a flight condition is encountered that prevents an aircraft from flying at the appropriate cruising level; and

(b) the pilot in command notifies Air Traffic Control of the height at which he or she is flying and of all subsequent changes of that height;

a V.F.R. flight may be conducted at a cruising level other than one that is appropriate to its magnetic track.

(3) Unless the Authority otherwise approves, a V.F.R. flight shall not be conducted at a height above flight level 200.

Determination of visibility

174. (1) Flight visibility shall be determined by the pilot in command from the cockpit of the aircraft while in flight.

(2) Except as provided by subregulation (3), visibility for take-off and landing shall be determined by Air Traffic Control.

(3) At aerodromes where an aerodrome control service is not in operation, the pilot in command is responsible for determining the visibility for takeoff and landing.

(4) In determining visibility for the purposes of this regulation, the pilot in command shall take into account the meteorological conditions, sunglare and any other condition that may limit his or her effective vision through his or her windscreen.

Division 4—Instrument Flight Rules

I.F.R. flight

175. (1) A flight conducted in accordance with the provisions of this Division is classed as a flight under the Instrument Flight Rules.

(2) Where an aircraft flies:

(a) except for the purpose of landing at the nearest suitable aerodrome in accordance with regulation 171, in weather conditions other than V.M.C. for the flight;

(b) at night; or

(c) subject to subregulation (3), in circumstances requiring a flight over the sea at a distance of more than 10 miles from land for more than one hour;

the pilot in command of the aircraft shall comply with the Instrument Flight Rules contained in this Division.

(3) The Authority may give special permission for a flight of the kind specified in paragraph (2) (c) to be conducted as a V.F.R. flight.

Qualification of pilot in command

176. (1) The pilot in command of an aircraft shall not conduct a flight under the Instrument Flight Rules unless he or she holds an instrument rating of the required class issued or rendered valid by the Authority.

(2) Notwithstanding anything contained in this regulation, the Authority may give the pilot in command of an aircraft who does not hold an instrument rating permission to conduct a flight under Instrument Flight Rules on such terms as the Authority may designate.

Equipment of aircraft for I.F.R. flight

177. (1) An aircraft shall not be flown under the Instrument Flight Rules unless it is equipped with:

(a) suitable flight instruments as required by the Authority;

(b) suitable radio navigation apparatus appropriate to the route to be flown; and

(c) suitable radio apparatus, capable of maintaining two-way radio communication with the appropriate Air Traffic Control unit.

(2) An aircraft shall not be flown under the Instrument Flight Rules by night, unless, in addition to the equipment referred to in subregulation (1), it is equipped with:

(a) 2 landing lights;

(b) illumination for all instruments and equipment, used by the flight crew, that are essential for the safe operation of the aircraft;

(d) an electric torch for each crew member; and

(e) such other equipment as the Authority requires in the interest of safety.

(3) Notwithstanding anything contained in this regulation, the Authority may give permission to an aircraft:

(a) to conduct flights under the Instrument Flight Rules, if passengers are not carried for hire or reward and the flight is made for ferrying purposes; or

(b) to undertake night flying for the purposes of practice or instruction, if traffic and weather conditions permit and the aircraft complies with such conditions as the Authority specifies;

although the aircraft does not comply with one or more of the requirements referred to in subregulation (1) or (2).

Minimum height for I.F.R. flight

178. (1) Subject to this regulation, an aircraft shall not, except when necessary for take-off or landing, be flown at a height less than 1,000 feet above the highest obstacle located within 5 miles of the aircraft in flight.

(2) The Authority may designate the lowest safe altitude for a specified route segment and shall publish notification of each designation in AIP or, if the circumstances so require, in NOTAMS.

(3) Except when necessary for take-off or landing, an aircraft shall not be flown along a route segment at a height less than the lowest safe altitude so designated for the route segment.

Approved instrument approach procedures to be used

179. Unless otherwise authorised by Air Traffic Control, the pilot in command of an aircraft when conducting an I.F.R. flight shall follow the instrument approach procedures approved in respect of the aerodromes used.

Cruising levels for I.F.R. flights

180. When conducting a flight under the Instrument Flight Rules, an aircraft shall be flown:

(a) within controlled airspace—at a cruising level authorised for the flight by the appropriate Air Traffic Control unit; or

(b) outside controlled airspace—at a cruising level appropriate to its magnetic track as notified by the Authority in Aeronautical Information Publications.

Flight procedure for I.F.R. flight where cruising level cannot be maintained

181. Where an aircraft conducting an I.F.R. flight is unable for any reason to comply with the requirements of paragraph 180 (b), the pilot in command shall:

(a) notify Air Traffic Control of the cruising level at which the aircraft is flying and of all subsequent changes of that level; and

(b) in the event of the risk of a collision with another aircraft which is complying with that regulation, give way to that aircraft or fly at a cruising level authorised by that regulation until the other aircraft is past and clear.

PART XII—SIGNALS FOR THE CONTROL OF AIR TRAFFIC

Division 1—Aerodrome Traffic

Use of prescribed signals

182. The signals prescribed in this Part shall be used only for the purposes respectively prescribed in this Part, and other signals likely to be confused with them shall not be used.

Responsibility for complying with this Part

183. The pilot in command of an aircraft being operated on or in the vicinity of an aerodrome shall comply with signals and instructions given in accordance with this Part and with the rules and other provisions contained in this Part.

Two-way radiotelephony communication

184. (1) Where aerodromes are equipped with two-way radiotelephony apparatus, Air Traffic Control shall give control instructions by this means to all aircraft equipped to receive radiotelephony messages.

(2) All such communication between aircraft and an Air Traffic Control unit shall be in the English language:

Provided that:

(a) when authorised by the Authority in exceptional cases and if personnel of the Air Traffic Control unit are available who can intelligibly speak both the English language and the other language concerned; or

(b) when the owner or operator of the aircraft has furnished properly qualified personnel who can intelligibly speak both the English language and the language concerned and they are available to assist the Air Traffic Control unit in communicating with the aircraft;

the communications may be made in the language concerned.

Visual signals

185. (1) Where control by the means referred to in regulation 184 is not available, the appropriate visual signals prescribed by this Part may be used.

(2) Nothing in this regulation shall prevent any combination of radiotelephony signals and visual signals being used at any aerodrome, but a visual signal shall not be used in any case where it is possible to use radiotelephony.

Pilot in command to maintain look out for visual signals

186. Where radio communication is being used, the pilot in command of an aircraft shall not thereby be relieved of the responsibility of keeping a look out for any instructions which may be issued by visual means.

Light signals

187. (1) A light signal directed at a particular aircraft from an Air Traffic Control unit at an aerodrome has, both by day and by night, the meaning specified in relation to the signal in Aeronautical Information Publications.

(2) Light signals directed from an aircraft to an Air Traffic Control unit at an aerodrome have the following meaning:

(a) a green light (made by signalling apparatus or pyrotechnics, but not by navigation lights) means:

(i) by day—that the aircraft wishes to land in other than the direction authorised; and

(ii) by night—that the aircraft wishes to land, although not compelled to do so;

(b) a steady white light directed downward until the landing is made means—acknowledgment of permission to land.

Pyrotechnic signals

188. A pyrotechnic signal made by an Air Traffic Control unit at an aerodrome has the meaning specified in relation to the signal in Aeronautical Information Publications.

Ground signals

189. When displayed at an aerodrome, ground signals shall take the form, and for all aircraft shall have the meaning, specified, in relation to the signal, in Aeronautical Information Publications.

Division 2—Special Signals relating to Danger Areas, Prohibited Areas and Restricted Areas

Warning signal

190. For the purpose of warning an aircraft that it is in the vicinity of a danger area, a prohibited area or a restricted area and should take remedial action, the signal used shall be, by day or by night, a series of projectiles, discharged at intervals of 10 seconds each, showing, on bursting, red and green lights or stars.

Division 3—Emergency Signals

Transmission of signals

191. (1) The pilot in command of an aircraft shall transmit or display the signals specified in this Division according to the degree of emergency being experienced.

(2) The signals specified in relation to each successive degree of emergency may be sent either separately or together for any one degree of emergency.

(3) Nothing in the rules contained in this Division shall prevent the use by an aircraft in distress of any means at its disposal to attract attention or make known its position for the purpose of obtaining help.

Distress signals

192. (1) The distress signal shall be transmitted only when the aircraft is threatened with grave and immediate danger and requires immediate assistance.

(2) In radio telegraphy, the distress signal shall take the form of SOS (...---...), sent 3 times, followed by the group DE, sent once, and the call sign of the aircraft, sent 3 times.

(3) The signal specified in subregulation (2) may be followed by the automatic alarm signal which consists of a series of 12 dashes, sent in one minute, the duration of each dash being 4 seconds, and the duration of the interval between consecutive dashes being one second.

(4) In radiotelephony, the distress signal shall take the form of the word “MAYDAY”, pronounced 3 times, followed by the words “THIS IS”, followed by the call sign of the aircraft 3 times.

(5) By other means the distress signal shall take one or more of the following forms:

(a) the Morse signal ...---… with visual apparatus or with sound apparatus;

(b) a succession of pyrotechnical lights, fired at short intervals, each showing a single red light;

(d) the distant signal, consisting of a square flag having, either above or below, a ball or anything resembling a ball;

(e) a parachute flare showing a red light;

(f) a gun or other explosive signal fired at intervals of approximately one minute.

Urgency signals

193. (1) The following signals, used either together or separately, shall be used by an aircraft for the purpose of giving notice of difficulties which compel it to land without requiring immediate assistance:

(a) the repeated switching on and off of the landing lights;

(b) the repeated switching on and off of the navigation lights, in such a manner as to be distinctive from the flashing lights described in subregulation 196 (2);

(2) The following signals, used either together or separately, shall be used by an aircraft for the purpose of giving notice that the aircraft has a very urgent message to transmit concerning the safety of a ship, aircraft or vehicle, or of some person on board or within sight:

(a) in radiotelegraphy, 3 repetitions of the group XXX (—..— —..— —..—), sent with the letters of each group, and the successive groups clearly separated from each other, and sent before the transmission of the message;

(b) in radiotelephony, 3 repetitions of the words PAN, PAN, sent before the transmission of the message;

(d) a succession of green flashes with signal apparatus.

Safety signal

194. (1) The safety signal shall be transmitted when an aircraft wishes to transmit a message concerning the safety of navigation or to give important meteorological warnings.

(2) The safety signal shall be sent before the call and:

(a) in the case of radiotelegraphy shall consist of 3 repetitions of the group TTT (— — —), sent with the letters of each group and the successive groups clearly separated from each other; and

(b) in the case of radiotelephony shall consist of the word “SECURITY”, repeated 3 times.

Division 4—Lights to be Displayed by Aircraft and Lights and Markings to be Displayed on Mooring Cables

Compliance with rules as to lights

195. (1) The provisions of these rules with respect to the lights to be displayed by aircraft shall be complied with at night and in conditions of poor visibility.

(2) At night and in conditions of poor visibility no other lights shall be displayed which may be mistaken for the lights required to be displayed in pursuance of this Part.

(3) The lights required to be displayed shall not be dazzling.

(4) In the event of the failure of any light which is required by the rules of this Part to be displayed by an aircraft in flight, the aircraft concerned shall, if the light cannot immediately be repaired, notify Air Traffic Control immediately, or, if this is not possible, land as soon as it can do so without danger.

Aeroplanes in flight or on the manoeuvring area of land aerodromes

196. (1) An aeroplane in flight or operating on the manoeuvring area of a land aerodrome shall display the following navigation lights:

(a) an unobstructed red light projected above and below the horizontal plane through an angle from dead ahead to 110° port;

(b) an unobstructed green light projected above and below the horizontal plane through an angle from dead ahead to 110° starboard; and

(c) an unobstructed white light projecting above and below the horizontal plane rearward through an angle of 140°, equally distributed on the port and starboard sides.

(2) Unless the Authority otherwise directs, navigation lights shall be steady lights.

(3) Unless the Authority otherwise directs, an aeroplane in flight or operating on the manoeuvring area of a land aerodrome shall display, in addition to the navigation lights, an anti-collision light consisting of a flashing red light visible in all directions within 30 degrees above and 30 degrees below the horizontal plane of the aeroplane.

(4) Where the lights are flashing lights, the aircraft:

(a) shall display an additional flashing white light visible in all directions; and

(b) may display an additional flashing red rear light;

in accordance with such requirements as the Authority, having regard to Annex 8 of the Convention, specifies in Civil Aviation Orders.

(5) The colour specifications and minimum and maximum intensities of the navigation lights and the anti-collision light shall be such as the Authority, having regard to Annex 8 of the Convention, specifies in Civil Aviation Orders.

(6) In addition to the lights required to be displayed under this regulation, wing-tip clearance lights comprising steady lights of the appropriate colours shall be displayed where the distance of the navigation lights from the wing-tip is greater than 2 metres.

(7) At an aerodrome used or available for use in night flying operations, an aircraft parked on or adjacent to the movement area shall be clearly illuminated or lighted, unless the area that it occupies is marked by obstruction lights.

Aeroplanes under way on the surface of water

197. (1) An aeroplane, when under way on the surface of the water shall display steady lights being:

(a) the lights specified in subregulation 196 (1); and

(b) a white light visible forward throughout a dihedral angle of 220° bisected by a vertical plane through the longitudinal axis of the aeroplane and visible at a distance of at least 6 kilometres.

(2) When towing another aircraft or vessel, an aeroplane shall display:

(a) the lights specified in subregulation (1); and

(b) a second steady white light of the same construction and character as the light specified in paragraph (1) (b) placed not less than 2 metres vertically above or below that light.

(3) When being towed an aeroplane shall display only the lights specified in subregulation 196 (1).

(4) When not under command an aeroplane shall display:

(a) the lights specified in subregulation (1) or, when not making way, the lights specified in that subregulation other than the red and green lights specified in paragraphs 196 (1) (a) and (b); and

(b) two steady red lights placed where they can best be seen, one vertically over the other and not less than 1 metre apart and visible at a distance of at least 4,000 metres.

Aeroplanes at anchor or moored on the surface of water

198. An aeroplane when at anchor or moored on the surface of the water shall display:

(a) if the aeroplane is less than 50 metres in length—a steady white light, where it can best be seen, visible all round the horizon at a distance of at least 4,000 metres;

(b) if the aeroplane is 50 metres or more in length—a steady white forward light and a steady white rear light, where they can best be seen, both visible all round the horizon at a distance of at least 6 kilometres; and

(c) if the aeroplane is 50 metres or more in span—a steady white light on each side to demarcate the maximum span and visible, as far as practicable, all round the horizon at a distance of at least 2,000 metres.

Aeroplanes aground on the surface of water

199. An aeroplane, when on the surface of the water and aground, shall display the appropriate lights specified in regulation 198 and, in addition, 2 steady red lights in a vertical line not less than 1 metre apart, placed so as to be visible all round the horizon.

Gliders

200. In all cases in which, under the rules contained in this Division, aeroplanes are required to display lights, gliders shall display a red light visible so far as practicable in all directions.

Free balloons

201. A free balloon shall display a red light placed at least 5 and at most 10 metres below the basket and visible, so far as practicable, in all directions, at a distance of at least 4,000 metres.

Captive balloons and kites

202. (1) A captive balloon or a kite, when flown at a height exceeding 196 feet above the ground, or any altitude, if it is less than 6 kilometres from an aerodrome, a control area or a control zone, shall display a white light placed 4 metres vertically above a red light, these lights being visible so far as practicable in all directions at a distance of at least 4,000 metres. The white light shall be placed at least 5 and at most 10 metres below the basket, or, if there is no basket, below the lowest part of the balloon or kite.

(2) In addition to the lights prescribed by subregulation (1), there shall be displayed from the mooring cable, at intervals of 300 metres measured from the group of 2 lights specified in subregulation (1), similar groups of 2 lights, white and red If the lowest group of lights is obscured by clouds, one additional group shall be displayed below the cloud base.

(3) The position of the object to which the balloon or kite is moored on the ground shall be marked by a group of 3 flashing lights arranged on a horizontal plane at the apexes of a triangle approximately equilateral and measuring at least 25 metres on each side. The side of this triangle, perpendicular to the horizontal projection of the cable, shall be delimited by 2 red lights; the third light shall be a green light placed opposite the direction of the cable.

(4) By day, the mooring cable of a captive balloon shall have attached to it at intervals of not more than 200 metres measured from the basket, or, if there is no basket, from the lowest part of the balloon, tubular streamers not less than 400 millimetres in diameter and 2 metres long, and marked with alternate bands of white and red, 500 millimetres in width.

(5) By day, the mooring cable of a kite shall be marked:

(a) in the manner specified in subregulation (4) for the mooring cable of a captive balloon; or

(b) by streamers of stout paper at intervals of 100 metres measured from the lowest part of the kite, the streamers being at least 800 millimetres long and at least 300 millimetres wide at their widest part and marked with alternate bands 100 millimetres in width, white and red.

(6) Notwithstanding anything contained in this regulation, the Authority may authorise captive balloons and kites used for meteorological observations which, owing to their insufficient static lift, cannot display the lights and signals prescribed by this regulation, to be flown, but only over areas which are notified as danger areas, and in every case the position of the object to which the balloon or kite is moored to the ground shall be marked as provided by subregulation (3).

Airships under way and under command

203. An airship under way and under command shall display the following lights:

(a) forward, a white light, fixed so as to show forward an unbroken light visible at a distance of at least 8 kilometres throughout a dihedral angle of 220° formed by 2 vertical planes and bisected by the plane of symmetry;

(b) on its sides and rear, lights identical with the wing and rear lights prescribed for aeroplanes by subregulation 196 (1);

(c) in any case where, in order to fulfil the requirements of this regulation, the single light has to be replaced by several lights, the field of visibility of each of these lights shall be so limited that only one can be seen at a time.

Airships not under command or which have stopped engines or being towed

204. An airship which is not under command or which has stopped its engines or which is being towed shall display the following lights:

(a) if it is under way, the forward, side and rear lights as specified in the last preceding regulation and in addition, below the airship, 2 red lights placed one vertically below the other, 4 metres apart, the top light being 8 metres below the control car and both visible, so far as practicable, in all directions at a distance of not less than 4,000 metres;

(b) if it is not under way, the forward and the red lights only which are specified in paragraph (a).

Moored airships

205. (1) An airship which is moored:

(a) to a mooring mast, shall display at or near the rear a white light visible so far as practicable in all directions at a distance of at least 5,000 metres; or

(b) to the ground or the surface of the water by a cable, shall display forward the white light specified in paragraph 203 (a) and, at the rear, the white light specified in paragraph 196 (1) (c), and, in addition, the airship and the mooring cable shall be lighted or marked in accordance with the requirements specified in subregulations 202 (1) and (2) for a captive balloon.

(2) An airship while picking up its moorings shall, although under way and not being under command, display only the lights prescribed by subregulations 202 (1) and (2) until it is finally made fast.

PART XIII—AIR SERVICE OPERATIONS

Division 1—General

Commercial purposes—subsection 27 (9) of the Act

206. For the purposes of subsection 27 (9) of the Act, the following commercial purposes are prescribed:

(a) aerial work purposes, being purposes of the following kinds:

(i) aerial surveying;

(ii) aerial spotting;

(iii) agricultural operations;

(iv) aerial photography;

(v) advertising;

(vi) flying training;

(vii) ambulance functions;

(viii) carriage, for the purposes of trade, of goods being the property of the pilot, the owner or the hirer of the aircraft (not being a carriage of goods in accordance with fixed schedules to and from fixed terminals);

(ix) any other purpose that is substantially similar to any of those specified in subparagraphs (i) to (vii) (inclusive);

(b) charter purposes, being purposes of the following kinds:

(i) the carriage of passengers or cargo for hire or reward to or from any place otherwise than in accordance with fixed schedules to and from fixed terminals;

(ii) the carriage, in accordance with fixed schedules to and from fixed terminals, of passengers or cargo or passengers and

cargo in circumstances in which the accommodation in the aircraft is not available for use by persons generally;

(c) the purpose of transporting persons generally, or transporting cargo for persons generally, for hire or reward in accordance with fixed schedules to and from fixed terminals over specific routes with or without intermediate stopping places between terminals.

Requirements according to operations on which Australian aircraft used

207. (1) An Australian aircraft shall not be used in any class of operations unless the particular type of aircraft is authorised and approved for such use by the Authority.

(2) An Australian aircraft shall not be used in any class of operations unless it is fitted with such instruments and is fitted with or carries such equipment, including emergency equipment, as the Authority approves or directs.

(3) Where the Authority approves or directs that an instrument or item of equipment be fitted or carried on an aircraft, the instrument or item of equipment shall be fitted, carried or used in accordance with the directions (if any) of the Authority.

(4) In giving an authorisation, approval or direction for the purposes of this regulation, the Authority shall have regard only to the safety of air navigation.

Number of operating crew

208. The minimum operating crew of an Australian aircraft shall not be less in number than that specified in the certificate of airworthiness of, or the flight manual for, the aircraft, and shall be supplemented by such additional operating crew members, having such qualifications, as the Authority considers necessary and directs, having regard to the safety of air navigation.

Private operations

209. Aircraft engaged in private operations shall comply with the provisions of these Regulations and such additional conditions as the Authority from time to time directs in the interest of safety.

Restriction of advertising of commercial operations

210. 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 by use of an Australian aircraft any commercial operations unless the last-mentioned person has obtained an Air Operator’s Certificate authorising the conduct of those operations.

Applications—Air Operators’ Certificates

211. An applicant for an Air Operator’s Certificate:

(a) shall furnish such information as the Authority reasonably requires for a proper consideration of the application; and

(b) shall satisfy such conditions (if any) as the Authority specifies, in Civil Aviation Orders, in relation to an application for such a Certificate.

Division 2—Requirements to ensure the Safety of Commercial Operations

Operator

212. In this Division, “operator” means an operator engaging in commercial operations.

Organisation

213. An operator shall provide an adequate organisation, including trained staff, together with workshop and other equipment and facilities in such quantities and at such places as the Authority directs in order to ensure that airframes, engines, propellers, instruments, equipment and accessories are properly maintained at all times when they are in use.

Training of maintenance personnel

214. An operator shall ensure that provision is made for the proper and periodic instruction of all maintenance personnel, particularly in connection with the introduction into service of new equipment or equipment with which the maintenance personnel are not familiar, and the training programme shall be subject to the approval of the Authority.

Operations manual

215. (1) An operator shall provide an operations manual for the use and guidance of the operations personnel of the operator.

(2) An operations manual shall contain such information, procedures and instructions with respect to the flight operations of all types of aircraft operated by the operator as are necessary to ensure the safe conduct of the flight operations (other than information, procedures or instructions that are set out in other documents required to be carried in the aircraft in pursuance of these Regulations).

(3) The Authority may give a direction:

(a) requiring the operator to include particular information in the operations manual; or

(b) requiring the operator to revise or vary the information contained in the operations manual.

(4) A direction given under this regulation 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 or her attention.

(5) The operator shall revise the operations manual from time to time where necessary as the result of changes in the operator’s operations, aircraft or equipment, or in the light of experience.

(6) An operator shall furnish copies of the operations manual to such of his or her or its personnel as the operator considers necessary, to the Authority and to such other persons associated with the operator’s operations as the Authority considers necessary and directs.

(7) The operator shall ensure that a copy of the manual is kept in a convenient and accessible place for use by all members of the operations personnel of the operator who have not been furnished with a copy in pursuance of subregulation (6).

(8) The operator shall ensure that all amendments to the operations manual made in accordance with this regulation are incorporated in all copies of the operations manual kept within the operator’s organisation and that copies of those amendments are forwarded to all persons to whom copies of the operations manual have been furnished in accordance with this regulation.

(9) Each member of the operations personnel of an operator shall comply with all instructions contained in the operations manual in so far as they relate to his or her duties or activities.

(10) In this regulation, a reference to the operations personnel of an operator shall be read as including a reference to a person undergoing flight training with that operator.

Flight time records

216. An operator shall maintain current records of the individual flight times of the members of the operating crews employed by the operator.

Training and checking organisation

217. (1) An operator of a regular public transport service, an operator of any aircraft the maximum take-off weight of which exceeds 5,700 kilograms and any other operator that the Authority specifies shall provide a training and checking organisation so as to ensure that members of the operator’s operating crews maintain their competency.

(2) The training and checking organisation shall include provision for the making in each calendar year, but not at intervals of less than four months, of two checks of a nature sufficient to test the competency of each member of the operator’s operating crews.

(3) The training and checking organisation and the tests and checks provided for therein shall be subject to the approval of the Authority.

(4) A pilot may conduct tests or checks for the purposes of an approved training and checking organisation without being the holder of a flight instructor rating.

Route qualifications of pilot in command of a regular public transport aircraft

218. (1) Subject to this regulation, an operator shall not permit a pilot to act, and a pilot shall not act, in the capacity of pilot in command of an aircraft engaged in a regular public transport service unless the pilot is qualified for the particular route to be flown in accordance with the following requirements:

(a) the pilot shall have been certified as competent for the particular route by a pilot who is qualified for that route;

(b) the pilot shall have made at least one trip over that route within the preceding 12 months as a pilot member of the operating crew of an aircraft engaged in any class of operation;

(c) the pilot shall have an adequate knowledge of the route to be flown, the aerodromes which are to be used and the designated alternate aerodromes, including a knowledge of:

(i) the terrain;

(ii) the seasonal meteorological conditions;

(iii) the meteorological, communication and air traffic facilities, services and procedures;

(iv) the search and rescue procedures; and

(v) the navigational facilities;

associated with the route to be flown;

(d) the pilot shall have demonstrated either in flight or by simulated means that he or she is proficient in the use of instrumental approach-to-land systems which he or she may utilise in operations on that route; and

(e) the pilot possesses such other qualifications (if any) as the Authority specifies in relation to that route having regard to any special difficulties of that route.

(2) The Authority may grant an exemption from the requirements specified in paragraphs (1) (a) and (b) subject to such conditions as the Authority considers necessary in the interests of safety.

(3) An operator shall maintain a record of the routes for which each of his or her pilots is qualified in accordance with this regulation.

Route qualifications of pilot in command of a charter aircraft

219. An operator shall not permit a pilot to act, and a pilot shall not act, in the capacity of pilot in command of an aircraft employed in charter operations unless the pilot is qualified for the particular route to be flown in accordance with the following requirements:

(a) the pilot shall have an adequate knowledge of the route to be flown, the aerodromes which are to be used and the designated alternate aerodromes, including a knowledge of:

(i) the terrain;

(ii) the seasonal meteorological conditions;

(iii) the meteorological, communication and air traffic facilities, services and procedures;

(iv) the search and rescue procedures; and

(v) the navigational facilities;

associated with the route to be flown; and

(b) if the flight is to be conducted under the Instrument Flight Rules, the pilot shall have demonstrated either in flight or by simulated means that he or she is proficient in the use of instrument approach-to-land systems which he or she may utilise in operations on that route.

Fuel instructions and records

220. (1) An operator shall include in the operator’s operations manual specific instructions for the computation of the quantities of fuel to be carried on each route, having regard to all the circumstances of the operations, including the possibility of failure of an engine en route.

(2) An operator shall maintain a record of the fuel remaining in the tanks at the end of each scheduled flight and shall review continuously the adequacy of the instructions in respect of the fuel to be carried in the light of that record, and shall make any such record available to the Authority, upon request.

Facilities and safety devices for public

221. An operator shall provide such facilities and safety devices for the protection of the public at the aerodromes normally used by the operator as the Authority considers adequate and directs.

Proving tests

222. (1) An aircraft of a new type shall not be used to carry passengers on a public transport service until it has undergone proving tests under the supervision and in accordance with the requirements of the Authority.

(2) In the case of major changes to an aircraft previously in operation on public transport services or previously proved for such operations, or the use of such an aircraft in an operation different to that in which it was previously used, the Authority may require the aircraft to undergo such proving tests as the Authority considers necessary in the circumstances.

(3) No persons other than those essential to the tests shall be carried in the aircraft during the tests required under subregulations (1) and (2), but mail or cargo may be carried with the permission of the Authority.

Division 3—Conduct of Operations

Operator to ensure employees and flight crew familiar with local laws and regulations

223. An operator of an Australian aircraft engaged in air navigation outside Australian territory shall ensure that:

(a) his or her employees when abroad know that they must comply with the laws, regulations and procedures of the countries in which the aircraft is operated;

(b) the pilots of the aircraft are familiar with the regulations and procedures for the time being in force in the area in which the aircraft is operated, and, in particular, with such of those regulations and procedures as relate to the aerodromes and air navigation facilities to be used by the aircraft; and

(c) members of the flight crew, other than pilots, are familiar with such of the regulations and procedures of the countries in which the aircraft is operated as relate to the performance of their respective duties in the operation of the aircraft.

Pilot in command

224. (1) For each flight the operator shall designate one pilot to act as pilot in command.

(2) In addition to being responsible for the operation and safety of the aircraft during flight time, the pilot in command shall be responsible for the safety of persons and cargo carried and for the conduct and safety of the members of the crew.

(3) The pilot in command shall have final authority as to the disposition of the aircraft while he or she is in command and for the maintenance of discipline by all persons on board.

Pilots at controls

225. (1) One pilot shall be at the controls of an aircraft from the time at which the engine or engines is or are started prior to a flight until the engine or engines is or are stopped at the termination of a flight.

(2) When, in accordance with these Regulations, 2 or more pilots are required to be on board an aircraft, 2 pilots shall remain at the controls at all times when the aircraft is taking off, landing and during turbulent conditions in flight.

Dual controls

226. (1) A control seat of an aircraft equipped with fully or partially functioning dual controls shall not be occupied in flight except by a person:

(a) who holds an appropriate pilot licence in respect of the type of aircraft and the class of operations in which the aircraft is flown; or

(b) who is authorised by the Authority.

(2) In authorising a person to occupy a control seat in pursuance of subregulation (1), the Authority may grant the authority subject to such conditions as the Authority considers necessary in the interests of safety.

Admission to crew compartment

227. (1) A person shall not enter, and a member of the operating crew shall not permit or suffer a person to enter, the crew compartment of an aircraft during flight unless that person is a member of the operating crew of the aircraft or is a person permitted by the pilot in command to enter that compartment.

(2) A pilot seat or other operating crew position in an aircraft shall not be occupied by any person other than a member of the operating crew who is duly assigned for duty in the aircraft and is licensed for the duties associated with that seat or position, or by a person authorised to enter the crew compartment for the purpose of conducting examinations, inspections or checks of the aircraft, its equipment, a member of the operating crew or the ground organisation provided for use by aircraft.

(3) The pilot in command of an aircraft shall admit an authorised person to the crew compartment and allow that person to occupy the seat or position appropriate for the performance of his or her duties unless the pilot in command is of opinion that the person’s admission to the crew compartment or occupation of that seat or position, as the case may be, would endanger the safety of the aircraft.

(4) Whenever the pilot in command has refused to permit an authorised person to enter the crew compartment or occupy the seat or position appropriate for the performance of his or her duties, the pilot in command shall, if so required by the authorised person, furnish a report in writing to the Authority setting forth the reasons for his or her refusal.

Unauthorised persons not to manipulate controls

228. A person shall not manipulate the controls of an aircraft in flight unless the person is:

(a) the pilot assigned for duty in the aircraft; or

(b) the holder of a student pilot licence assigned for instruction in the aircraft.

Aircraft not to be taxied except by pilot

229. An aircraft shall not be taxied anywhere on an aerodrome by a person other than a licensed pilot whose licence is endorsed for the particular type of aircraft concerned or a person approved by the Authority in accordance with the terms and conditions of the approval.

Starting up aircraft engines

230. (1) Neither the owner, the operator, the hirer nor the pilot in command of an aircraft shall permit any person to manipulate the propeller of the aircraft for the purpose of starting the engine unless the person giving the permission has satisfied himself or herself that the person receiving the permission is fully conversant with the correct starting procedure for that aircraft.

(2) A person shall not start the engine of an aircraft, or permit the engine of an aircraft to run while any person is in the aircraft, unless an appropriately licensed pilot or an approved person occupies the control seat.

Pilot may manipulate propeller in certain cases

231. Notwithstanding regulation 225 or regulation 230, the pilot in command of an aircraft which requires an operating crew of only one pilot may manipulate the propeller of the aircraft for the purposes of starting the aircraft if:

(a) assistance is not readily available for that purpose;

(b) adequate provision is made to prevent the aircraft moving forward; and

Flight check system

232. (1) The operator of an aircraft shall establish a flight check system for each type of aircraft, setting out the procedure to be followed by the pilot in command and other flight crew members prior to and on take-off, in flight, on landing and in emergency situations.

(2) A flight check system shall be subject to the prior approval of the Authority, and the Authority may at any time require the system to be revised in such manner as the Authority specifies.

(3) The check lists of the procedures shall be carried in the aircraft and shall be located where they will be available instantly to the crew member concerned.

(4) The pilot in command shall ensure that the flight check system is carried out in detail.

Responsibility of pilot in command before flight

233. (1) An aircraft shall not commence a flight unless evidence has been furnished to the pilot in command and the pilot has taken such action as is necessary to ensure that:

(a) the instruments and equipment required for the particular type of operation to be undertaken are installed in the aircraft and are functioning properly;

(b) the gross weight of the aircraft does not exceed the limitations fixed by or under regulation 235 and is such that flight performance in accordance with the standards specified by the Authority for the type of operation to be undertaken is possible under the prevailing conditions; and

(c) any directions of the Authority with respect to the loading of the aircraft given under regulation 235 have been complied with;

(d) the fuel supplies are adequate for the particular flight and the required reserves of fuel are carried;

(e) the required operating and other crew members are on board and in a fit state to perform their duties;

(f) the air traffic control instructions have been complied with;

(g) the aircraft is safe for flight in all respects; and

(h) the aeronautical maps, charts and other aeronautical information and instructions published in Aeronautical Information Publications that are applicable to the route to be flown and any alternative route which may be flown on the particular flight are carried in the aircraft and are readily accessible to the flight crew.

(2) An aircraft engaged in international air navigation shall not commence a flight, unless the pilot in command has completed an approved flight preparation form, certifying that the pilot is satisfied in respect of the matters specified in subregulation (1).

(3) Each completed flight preparation form shall be kept by an operator for a period of 6 months.

Fuel requirements

234. An aircraft shall not commence a flight within Australian territory or to or from Australian territory if the quantity of fuel and oil on board is less than the quantity which the Authority, having regard to the circumstances of the proposed flight and the safety of the aircraft, considers necessary and directs.

Take-off and landing of aircraft etc.

235. (1) The Authority may, for the purposes of these Regulations, give directions setting out the method of estimating, with respect to an aircraft at anytime:

(a) the weight of the aircraft, together with the weight of all persons and goods (including fuel) on board the aircraft, at that time; and

(b) the centre of gravity of the aircraft at that time.

(2) The Authority may, for the purpose of ensuring the safety of air navigation, give directions setting out the manner of determining, with respect to a proposed flight of an aircraft:

(a) a maximum weight, being a weight less than the maximum take-off weight of the aircraft; or

(b) a maximum weight, being a weight less than the maximum landing weight of the aircraft;

that the gross weight of the aircraft at take-off or landing, as the case may be, is not to exceed.

(3) A manner of determining a maximum weight referred to in subregulation (2) shall be such as to take into account such of the following considerations as the Authority considers appropriate:

(a) the type of aircraft;

(b) the kind of operations to be carried out during the flight;

(c) the performance of the aircraft in configurations in which it is likely to be flown and with faults that are likely to occur;

(d) the meteorological conditions at the aerodrome at which the aircraft is to take off or land;

(e) the altitude of the aerodrome at which the aircraft is to take off or land;

(f) the aerodrome dimensions in the direction in which the aircraft is to take off or land;

(g) the material of which the surface of the aerodrome in the direction in which the aircraft is to take off or land is constituted and the condition and slope of that surface;

(h) the presence of obstacles in the vicinity of the flight path along which the aircraft is to take off, approach or land;

(i) the anticipated meteorological conditions over the intended route to be flown by the aircraft after take-off and over planned divergencies from that route; and

(j) the altitude of the terrain along and on either side of the intended route to be flown by the aircraft after take-off and of planned divergencies from that route.

(4) An aircraft shall not take off, or attempt to take off, if its gross weight exceeds its maximum take-off weight or, if a lesser weight determined in accordance with a direction under subregulation (2) is applicable to the take-off, that lesser weight.

(5) An aircraft shall not take off, or attempt to take off, if its gross weight exceeds, by more than the weight of fuel that would normally be used in flying to its next landing place or planned alternative aerodrome, its maximum landing weight or, if a lesser weight determined in accordance with a direction under subregulation (2) is applicable to the landing at that place or aerodrome, that lesser weight.

(6) Except in an emergency, an aircraft shall not land if its gross weight exceeds its maximum landing weight or, if a lesser weight determined in accordance with a direction under subregulation (2) is applicable to the landing, that lesser weight.

(7) The Authority may, for the purpose of ensuring the safety of air navigation, give directions with respect to the method of loading of persons and goods (including fuel) on aircraft.

(8) An aircraft shall not take off, or attempt to take off, unless any directions with respect to the loading of the aircraft given under this regulation have been complied with.

(9) The load of an aircraft throughout a flight shall be so distributed that the centre of gravity of the aircraft falls within the limitations specified in its certificate of airworthiness or its flight manual.

(10) A direction given under this regulation 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 or her attention.

(11) The Authority may exempt an aircraft from any of the requirements imposed by this regulation.

Flight under Visual Flight Rules

236. An aircraft shall not take off for the purpose of making a flight under the Visual Flight Rules unless current meteorological reports, or a combination of current meteorological reports, and forecasts, show that the meteorological conditions along the route to be flown are and will be such that the flight will be conducted under the Visual Flight Rules and will be completed before night after making any allowance specified by the Authority in Aeronautical Information Publications.

Flights under Instrument Flight Rules

237. (1) Where a flight cannot be conducted in accordance with the provisions of regulation 236, the flight shall be classified as an instrument flight and shall be conducted in accordance with the Instrument Flight Rules.

(2) Flights under Instrument Flight Rules shall be planned and conducted so as to provide an alternative course of action, including provision for the use of alternate aerodromes which may be required, having regard to the forecast and the actual meteorological conditions appertaining to such flights.

(3) The particular requirements in relation to the conduct of instrument flight rules flights under the various meteorological conditions on the various air routes shall be as the Authority from time to time directs.

Icing conditions

238. An aircraft shall not take-off for the purpose of making a flight during which the aircraft may fly into known or expected icing conditions unless the aircraft is adequately equipped with de-icing or anti-icing equipment of such type and in such quantities as the Authority directs.

Planning of flight by pilot in command

239. (1) Before beginning a flight, the pilot in command shall study all available information appropriate to the intended operation, and, in the cases of flights away from the vicinity of an aerodrome and all I.F.R. flights, shall make a careful study of:

(a) current weather reports and forecasts for the route to be followed and at aerodromes to be used;

(b) the airways facilities available on the route to be followed and the condition of those facilities;

(d) the Air Traffic Control rules and procedure appertaining to the particular flight;

and the pilot shall plan the flight in relation to the information obtained.

(2) When meteorological conditions at the aerodromes of intended landing are forecast to be less than the minima specified by the Authority, the pilot in command shall make provision for an alternative course of action and shall arrange for the aircraft to carry the necessary additional fuel.

Flight plans—approval by Air Traffic Control in certain cases

240. (1) The Authority may, by notice published in Aeronautical Information Publications, declare that flights included in specified classes of flights are flights in respect of which flight plans are required, in the interests of safety and to ensure compliance with the Convention, to be submitted to, and approved by, Air Traffic Control.

(2) Subject to subregulation (3), an aircraft shall not be flown on a flight included in a class of flights specified in a notice under subregulation (1) unless the flight plans for the flight have been approved by Air Traffic Control.

(3) The Authority may, in a notice under subregulation (1), specify the circumstances in which, and the conditions subject to which, a flight included in a class of flights specified in the notice may be commenced and carried on before Air Traffic Control has approved the flight plans for the flight, and subregulation (2) does not apply to and in relation to the flight of an aircraft that has been commenced in those circumstances and so long as those conditions are complied with.

(4) An aircraft that is flying on a flight in respect of which flight plans have been approved by Air Traffic Control shall not deviate from the flight specified in the flight plan unless the deviation is necessary in the interests of safety or Air Traffic Control has directed or approved the deviation.

Flight plans—submission to Air Traffic Control in certain cases

241. (1) The Authority may, by notice published in Aeronautical Information Publications, declare that flights included in specified classes of flights are flights in respect of which flight plans are required, in the interests of safety and to ensure compliance with the Convention, to be submitted to Air Traffic Control.

(2) Subject to subregulation (3), an aircraft shall not be flown on a flight included in a class of flights specified in a notice under subregulation (1) unless the flight plan has been submitted to Air Traffic Control.

(3) The Authority may, in a notice under subregulation (1), specify the circumstances in which, and the conditions subject to which, a flight included in a class of flights specified in the notice may be commenced and carried on before the flight plans for the flight are submitted to Air Traffic Control and subregulation (2) does not apply to and in relation to the flight of an

aircraft that has been commenced in those circumstances and so long as the conditions so specified are complied with.

(4) The pilot in command of an aircraft that deviates from a flight as specified in the flight plan that has been submitted under this regulation shall report the fact as soon as possible to Air Traffic Control.

Testing of radio apparatus

242. (1) Before an aircraft is taxied on the manoeuvring area of an aerodrome for the purpose of moving to the take-off position, the pilot in command shall check that the radio apparatus fitted to the aircraft and to be used in flight is functioning correctly.

(2) If the check indicates any malfunctioning of any portion of the radio apparatus the aircraft shall not be flown until the apparatus has been certified by a person licensed or approved for the purpose as being in proper working order.

Listening watch

243. (1) When an aircraft is equipped with radio apparatus for use during flight, a listening watch shall be maintained at all times commencing immediately prior to the time at which the aircraft commences to move on the manoeuvring area prior to flight and lasting until the aircraft is brought to a stop at the apron or other point of termination of the flight.

(2) Where the means of communication between Air Traffic Control and an aircraft under its control is a voice communication channel, the pilot in command and any other pilot for the time being operating the controls of the aircraft shall personally maintain a listening watch on the appropriate radio frequency.

Safety precautions before take-off

244. (1) Immediately before taking-off on any flight, the pilot in command of an aircraft shall:

(a) test the flight controls on the ground to the full limit of their travel and make such other tests as are necessary to ensure that those controls are functioning correctly;

(b) ensure that locking and safety devices are removed and that hatches, doors and tank caps are secured; and

(2) The Authority may give such directions as the Authority considers necessary in the interests of safety in respect of the duties and responsibilities of the pilot in command and other persons for tests, checks and other precautions before the despatch of an aircraft on any flight.

Tests before and during the take-off run

245. (1) The Authority may give directions specifying the tests to be carried out by the pilot in command of an aircraft before the commencement of, and during, a take-off run in order to be satisfied that the engine and associated items of equipment are functioning correctly within the permissible limits of performance.

(2) Before the commencement of, and during, a take-off run, the pilot in command of an aircraft shall:

(a) carry out all tests required to be carried out in relation to the aircraft under subregulation (1);

(b) test all flight instruments, and, in particular, all gyroscopic flight instruments, that it is possible to test so as to ensure that they are functioning correctly;

(d) perform such checks and tests as are required by the flight manual for, or the operations manual of, the aircraft.

(3) If an inspection, check or test made under subregulation (2) indicates any departure from the permissible limits or any malfunctioning in any particular (not being a departure or malfunctioning that is a permissible unserviceability), the pilot in command shall not commence the take-off or, if the pilot has commenced the take-off, shall abandon the take-off or take such other action as the pilot considers appropriate to ensure the safety of the aircraft and of persons on board the aircraft.

Movement on manoeuvring area

246. Immediately prior to take-off, the pilot in command shall manoeuvre the aircraft so that he or she is able to observe traffic on the manoeuvring area of the aerodrome and incoming and outgoing traffic, in order that he or she may avoid collision with other aircraft during the take-off.

Meteorological conditions observed en route

247. (1) The pilot in command shall report, in the approved form and at such times as requested by a meteorological observer, the meteorological conditions observed en route.

(2) When any meteorological condition, hazardous to flight, is encountered en route, the pilot in command shall report the condition as soon as possible, giving such details as appear pertinent to the safety of other aircraft.

Reporting of defects

248. (1) At the termination of each flight, or in any urgent case, during the currency of the flight, the pilot in command shall report, in the manner and to the persons specified by the Authority, all defects in the aircraft,

aerodromes, air routes, air route facilities or airway facilities which have come to the pilot’s notice.

(2) Where a defect in the aircraft is reported in accordance with subregulation (1), the operator of the aircraft shall take such action in relation thereto as is required under these Regulations.

Division 4—General Provisions relating to the Operation of Aircraft

Prohibition of carriage of passengers on certain flights

249. (1) Subject to this regulation, an aircraft that carries a passenger shall not engage in any of the following types of flying:

(a) practice for the issue of a private pilot licence;

(b) practice for the purpose of obtaining an endorsement of the aircraft type in a pilot licence;

(d) testing an aircraft or its components, power plant or equipment.

(2) For the purposes of subregulation (1), “passenger” does not include an approved person or a person engaged in instructing personnel or testing the aircraft in flight.

(3) An aircraft while engaged in flying of the type specified in paragraph (1) (d) may carry engineering and maintenance personnel who are required, as part of their duties, to be present in the aircraft during the flight for the purpose of flight observation or of maintenance of the aircraft, including any aircraft component installed in the aircraft.

Carriage on wings, undercarriages etc.

250. (1) Except as provided by subregulation (2), a person shall not be carried on the wings or undercarriage of any aircraft or on or in any other part of the aircraft which is not designed for the accommodation of the crew or passengers, or on or in anything attached to the aircraft:

Provided that nothing in this regulation shall prevent a member of the crew having temporary access to:

(a) any part of the aircraft for the purpose of executing repairs or adjustments to the aircraft or its equipment, or for the purpose of doing anything which may be necessary for the safety of the aircraft or of any persons or cargo carried therein; or

(b) any part of the aircraft in which goods or stores are being carried and to which proper means of access is provided.

(2) A person may, with the permission of the Authority given in respect of:

(a) a particular flight;

(b) flights of a particular kind; or

be carried, during a flight in respect of which the permission is given, on or in a part of a helicopter that is not designed for the accommodation of the crew or passengers, or on or in anything attached to a helicopter.

(3) The Authority may, when granting a permission referred to in sub-regulation (2), specify conditions subject to which a person may be carried.

Seat belts and safety harness

251. (1) Subject to this regulation, seat belts shall be worn by all crew members and passengers:

(a) during take-off and landing;

(b) during an instrument approach;

(d) at all times in turbulent conditions.

(2) Subregulation (1) does not apply in relation to an authorised officer of the Authority undertaking examinations, inspections or checks of the work of an aircraft’s crew or the operation of an aircraft or its equipment under regulation 262.

(3) The Authority may direct that a type of safety harness specified in the direction shall be worn in place of a seat belt in the circumstances set out in the direction.

(4) The pilot in command shall ensure that a seat belt or safety harness is worn at all times during flight by at least one of the pilot crew members.

(5) Subject to subregulation (6), the operator of an aircraft shall detail a member of the crew to ensure that a seat belt or safety harness is worn by each occupant of the aircraft during the times specified in subregulation (1) and to ensure that each belt or harness is adjusted to fit the wearer without slack.

(6) The Authority may, for the purpose of ensuring the safety of air navigation, give directions requiring the owner or operator of an aircraft to install in the aircraft an approved communications system to enable the pilot in command to notify passengers when a seat belt or safety harness is to be worn.

(7) A direction given under this regulation 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 or her attention.

Provision of emergency systems etc.

252. (1) The Authority may give directions with respect to the provision in Australian aircraft of such emergency systems and equipment, and such life-saving equipment, as the Authority considers necessary to safeguard the aircraft and persons on board the aircraft.

(2) In giving a direction under subregulation (1), the Authority shall have regard to the type of operation in which the aircraft is to be used.

(3) A direction given under this regulation 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 or her attention.

Emergency and life-saving equipment

253. (1) An operator shall not assign a person to act as a crew member of an aircraft, and a person shall not act as a crew member of an aircraft, unless the person is competent in the use of the emergency and life-saving equipment carried in the aircraft.

(2) An operator shall ensure that crew members are periodically tested as to competency in the use of the emergency and life-saving equipment carried in the aircraft to which they are assigned.

(3) The operator of an aircraft which is used in over-water flights shall ensure that each crew member is instructed in “ditching” and “abandon ship” procedures in so far as is practicable and that he or she is periodically tested as to his or her knowledge of those procedures.

(4) The operator of an aircraft shall detail a crew member to ensure that passengers are made familiar with the location of emergency exits in the aircraft in which they are travelling and the location and use of emergency equipment carried in the aircraft.

(5) The training and testing of crew members and the familiarization of passengers as required under the provisions of this regulation shall be carried out in such manner as the Authority specifies to be satisfactory.

(6) The Authority may issue directions as to the carriage in aircraft, and the use in such circumstances and subject to such conditions as the Authority specifies, of medicinal preparations and drugs, including morphine and compounds of morphine or other opium alkaloids.

(7) Any medicinal preparations or drugs may be carried and used in aircraft in accordance with a direction given by the Authority in pursuance of subregulation (6) without any licence, authority or other permission prescribed or required by or under the law of a State or Territory of the Commonwealth.

Exits and passageways not to be obstructed

254. (1) Unless the Authority otherwise approves, this regulation applies to all passageways and exits in an aircraft that are for use by passengers or crew.

(2) All passageways and exits to which this regulation applies shall be kept free from obstruction when the aircraft is in flight.

(3) All exits to which this regulation applies shall, when the aircraft is in flight, be so fastened as to permit their immediate use in an emergency.

Smoking in aircraft

255. (1) A person shall not smoke:

(a) in a part of an aircraft in which a notice is permanently displayed indicating that smoking is prohibited at all times or without specifying a period during which smoking is prohibited;

(b) anywhere in an aircraft during take-off, landing or refuelling or during a period:

(i) in which a notice is temporarily displayed indicating that smoking is prohibited; or

(ii) which is specified in a permanently displayed notice as a period during which smoking is prohibited; or

Penalty: $500.

(2) The owner or operator of an aircraft and the pilot in command shall ensure:

(a) that provision is made in the aircraft by which a notice indicating that smoking is prohibited may be displayed during the periods when smoking is prohibited or, where the permission of the Authority has been obtained, that a notice is permanently displayed in the aircraft specifying the periods during which smoking is prohibited; and

(b) that a notice indicating that smoking is prohibited at all times or without specifying a period during which smoking is prohibited is displayed:

(i) in such parts of the aircraft as are specified for the purpose in the aircraft’s certificate of airworthiness or flight manual; and

(ii) in the case of a sleeper aircraft, in each of the berths of the aircraft.

Penalty: $2,500.

(3) The pilot in command of an aircraft shall, except where the permission of the Authority has been obtained under paragraph (2) (a) for the display of a permanent notice, ensure that the notice indicating that smoking is prohibited is displayed:

(a) during take-off, landing and refuelling;

(b) during such periods as are specified for the purpose in the aircraft’s certificate of airworthiness or flight manual; and

Penalty: $2,500.

(4) A notice required to be displayed in pursuance of this regulation shall be legible and shall be displayed in a conspicuous place.

Intoxicated persons not to act as pilots etc. or be carried on aircraft

256. (1) A person shall not, while in a state of intoxication, enter any aircraft.

(2) A person acting as a member of the operating crew of an aircraft, or carried in the aircraft for the purpose of so acting, shall not, while so acting or carried, be in a state in which, by reason of his or her having consumed, used, or absorbed any alcoholic liquor, drug, pharmaceutical or medicinal preparation or other substance, his or her capacity so to act is impaired.

(3) A person shall not act as, or perform any duties or functions preparatory to acting as, a member of the operating crew of an aircraft if the person has, during the period of 8 hours immediately preceding the departure of the aircraft consumed any alcoholic liquor.

(4) A person who is on board an aircraft as a member of the operating crew, or as a person carried in the aircraft for the purpose of acting as a member of the operating crew, shall not consume any alcoholic liquor.

(5) A person shall not, while acting in any capacity in either Air Traffic Control or Flight Service, be in a state in which, by reason of his or her having consumed, used, or absorbed any alcoholic liquor, drug, pharmaceutical or medicinal preparation or other substance, his or her capacity so to act is impaired.

(6) A person shall not act in any capacity in either Air Traffic Control or Flight Service if the person has, during the period of 8 hours immediately preceding the commencement of the period of duty in which he or she so acts, consumed any alcoholic liquor.

(7) A person who is on duty in either Air Traffic Control or Flight Service shall not consume any alcoholic liquor.

Aerodrome meteorological minima

257. (1) The Authority may determine meteorological minima in respect of aerodromes.

(2) An aircraft shall not take-off from an aerodrome when any element constituting the meteorological minima for take-off is less than that determined for that aerodrome.

(3) An aircraft shall not:

(a) land or make an approach for the purpose of landing at an aerodrome when any element constituting the meteorological minima for landing is less than that determined for that aerodrome except in the case of an emergency; or

(b) continue to fly towards the aerodrome of intended landing specified in the flight plan, unless the latest available meteorological report indicates that at the time of arrival the conditions at that aerodrome, or at least one alternate aerodrome, will be at or above the aerodrome

meteorological minima determined for that aerodrome or alternate aerodrome.

Flights over water

258. An aircraft shall not fly over water at a distance from land greater than the distance from which the aircraft could reach land if the engine, or, in the case of a multi-engined aircraft, the critical engine (being the engine the non-operation of which when the other engines are in operation gives the highest minimum speed at which the aircraft can be controlled) were inoperative, except:

(a) with the prior approval of the Authority; or

(b) in the course of departing from or landing at an aerodrome in accordance with a normal navigational procedure for departing from or landing at that aerodrome.

Free balloons

259. A free balloon shall not be flown except with the express permission of the Authority and then only in accordance with the terms of that permission.

Fixed balloons and kites

260. (1) Notwithstanding anything contained in regulation 157, a fixed balloon or kite may be flown at a height not exceeding 300 feet, but a fixed balloon or kite shall not be flown within 4,000 metres of an aerodrome or at a height in excess of 300 feet except with the express permission of the Authority and in accordance with the terms of that permission.

(2) A fixed balloon or kite shall not be flown under other than visual flight conditions.

Land stations not to engage in Aeronautical Mobile Radio Service except with permission

261. (1) A land station shall not engage in the Aeronautical Mobile Radio Service without the permission of the Authority.

(2) A person shall not be employed at a land station as a radio operator engaged in the Aeronautical Mobile Radio Service:

(a) unless the person has such qualifications and experience relative to the duties to be performed as the Authority directs; and

(b) the Authority approves of the person being so employed.

Carriage of examiners

262. (1) The Authority may authorise officers of the Authority to undertake examinations, inspections or checks of the work of an aircraft’s crew, the operation of an aircraft or its equipment or of the ground organisation provided by the operator of an aircraft for use by aircraft.

(2) Officers authorised under this regulation shall be provided with accommodation on aircraft in the following circumstances:

(a) on receipt of 7 days’ notice prior to a flight from the officer of his or her intention to travel on that flight;

(b) on immediate demand from the officer of his or her intention to travel, if his or her carriage in the aircraft does not mean the offloading of a passenger or of cargo being carried in the aircraft on the particular flight concerned;

(c) on immediate demand from the officer of his or her intention to travel irrespective of whether his or her carriage in the aircraft means the off-loading of a passenger or of goods, if the officer considers the circumstances of the case so warrant.

(3) In every case where the carriage of an officer in the circumstances specified in paragraph (2) (a) or (c) entails a loss of revenue to the owner of the aircraft due to the necessity of providing accommodation which would otherwise have been used for the carriage of a paying passenger or of cargo for which freight would have been charged, the owner shall be paid an amount equivalent to the loss of revenue.

PART XIV—REFUSAL TO GRANT, AND SUSPENSION AND CANCELLATION OF, LICENCES AND CERTIFICATES

Interpretation

263. (1) In this Part, unless the contrary intention appears:

“certificate” means a certificate under Division 4 of Part IV;

“licence” means:

(a) a licence under Division 4 of Part IV;

(b) a licence under Part V;

(d) a licence under Division 3 of Part IX; or

(e) a licence under Division 4 of Part IX.

(2) A reference in this Part to a licence shall be read as including a reference to a rating or other endorsement on a licence by virtue of which the holder of a licence so endorsed has under these Regulations specific privileges or authority to exercise or perform specific functions or duties in relation to the operation or maintenance of aircraft.

(3) A reference in this Part to variation of a licence shall be read as including a reference to the inclusion, deletion or alteration of an endorsement on a licence.

Refusal to grant licence or certificate

264. (1) The Authority shall not refuse to grant a licence or certificate except on one or more of the following grounds, namely:

(a) that the applicant has failed to satisfy a requirement prescribed by or specified under these regulations in relation to the grant of the licence or certificate;

(b) that the applicant has made in, or in connection with, the application a statement that was false or misleading in a material particular; or

(i) that the applicant was the holder of a licence or certificate that was previously cancelled; or

(ii) that the applicant is not a fit and proper person to have the responsibilities and exercise and perform the functions and duties of a holder of the licence or certificate for which the application was made.

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

Suspension of licence for purposes of examination

265. (1) Where the Authority requires the holder of a licence:

(a) to undergo an examination under regulation 33, 72, 107 or 117; or

(b) to authorise under regulation 72 or 107 the disclosure of information that may assist in determining whether the holder of the licence meets the relevant medical standards referred to in paragraph 62 (2) (e) or 104 (1) (b), as the case may be;

the Authority may, by notice in writing served on the holder of the licence, suspend the licence.

(2) Where the result of the examination or the information disclosed does not show any ground on which the licence may be suspended or cancelled, the Authority shall forthwith terminate the suspension of the licence and, by notice in writing served on the holder of the licence, notify the holder that the suspension has been so terminated.

(3) Where the Authority, upon the result of the examination or the information disclosed becoming known, does not terminate the suspension in accordance with subregulation (2) but gives to the holder of the licence a notice under subregulation 269 (3), the licence shall remain suspended during the time specified by the Authority in that notice as the time within which the holder of the licence may show cause why the licence should not be varied, suspended or cancelled under regulation 269.

Cancellation at request of holder

266. Where the holder of a licence or certificate advises the Authority that he or she no longer wishes to hold the licence or certificate, the Authority shall cancel the licence or certificate.

Variation at request of holder

267. (1) Subject to subregulation (2), the Authority may vary a licence or certificate in accordance with a request made by the holder of the licence or certificate.

(2) Nothing in subregulation (1) shall be taken to require the Authority to vary a licence or certificate in accordance with a request made under that subregulation.

Suspension of licence or certificate pending investigation

268. (1) Where the Authority has reason to think that there may exist facts or circumstances that would justify the variation, suspension or cancellation of a licence or certificate on a ground specified in regulation 269, the Authority may, by notice in writing served on the holder of the licence or certificate, suspend the licence or certificate for the purpose of an investigation under this regulation.

(2) Where the Authority suspends a licence or certificate in pursuance of subregulation (1), the Authority shall forthwith investigate the matter, and the suspension shall cease upon the completion of the investigation or at the expiration of 28 days from and including the date on which the suspension took effect, whichever is the earlier, but without prejudice to the powers of the Authority under regulation 269.

(3) Where:

(a) the Authority, upon the completion of an investigation under this regulation, gives to the holder of the licence or certificate a notice under subregulation 269 (3); and

(b) the suspension of the licence or certificate under this regulation had not ceased before the completion of the investigation;

the licence or certificate shall remain suspended during the time specified by the Authority in that notice as the time within which the holder of the licence or certificate may show cause why the licence or certificate should not be varied, suspended or cancelled under regulation 269.

Variation, suspension or cancellation of licence or certificate

269. (1) Subject to this regulation, the Authority may, by notice in writing served on the holder of a licence or certificate, vary, suspend or cancel the licence or certificate where the Authority is satisfied that one or more of the following grounds exists, namely:

(a) that the holder of the licence or certificate has contravened, a provision of the Act or these Regulations, including these Regulations as in force by virtue of a law of a State;

(b) that the holder of the licence or certificate fails to satisfy, or to continue to satisfy, any requirement prescribed by, or specified under, these Regulations in relation to the obtaining or holding of such a licence or certificate;

(c) that the holder of the licence or certificate has failed in his or her duty with respect to any matter affecting the safe or efficient navigation or operation of an aircraft;

(d) that the holder of the licence or certificate is not a fit and proper person to have the responsibilities and exercise and perform the functions and duties of a holder of such a licence or certificate; or

(e) that the holder of the licence or certificate has contravened, a direction or instruction with respect to a matter affecting the safe navigation and operation of an aircraft, being a direction or instruction that is contained in Civil Aviation Orders.

(2) A notice under subregulation (1) shall set out the grounds for the decision.

(3) Before taking action under this regulation to vary, suspend or cancel a licence or certificate, the Authority shall:

(a) give notice, in writing, to the holder of the licence or certificate of the facts and circumstances that, in the opinion of the Authority, warrant consideration being given to the variation, suspension or cancellation of the licence or certificate under this regulation; and

(b) allow the holder of the licence or certificate to show cause, within such time as the Authority specifies in that notice, why the licence or certificate should not be varied, suspended or cancelled under this regulation.

(4) The time specified by the Authority in the notice under subregulation (3) as the time within which the holder of the licence or certificate may show cause why the licence or certificate should not be varied, suspended or cancelled under this regulation shall be a time that is reasonable in all of the circumstances of the particular case.

Effect of effluxion of time in relation to the suspension of a licence or certificate

270. (1) Where a licence or certificate is suspended under this Part, the licence or certificate has no force or effect for the duration of the suspension, but the period of currency of the licence or certificate continues to run.

(2) Where the period for which a licence or certificate is suspended is a period expiring after the expiration of the current period of the licence or certificate, the holder of the licence or certificate is not eligible for renewal of the licence or certificate until the period of suspension has expired.

Entries relating to suspension and cancellations

271. (1) Where:

(a) a licence or certificate has been suspended or cancelled under regulation 269; and

(b) the suspension or cancellation has not been annulled in accordance with the provisions of this Part;

an appropriate entry shall be made in the register in which particulars relating to the licence or certificate are entered.

(2) A notice of the suspension or cancellation and the reasons for that action shall be recorded on:

(a) the licence or certificate;

(b) the licence or certificate as renewed from time to time; and

(c) a fresh licence or certificate issued to a person who has permitted a licence or certificate for the same or a similar purpose to expire while a note of the suspension or cancellation is recorded in the expired licence or certificate.

(3) The Authority may expunge a note of a suspension or cancellation recorded in pursuance of subregulation (2) after a period of not less than 3 years has elapsed after the date of the first recording if, in the opinion of the Authority, the conduct of the holder of the licence or certificate during that period justifies the Authority doing so.

Liability for expense arising out of cancellation or suspension of licence or certificate

272. Neither the Commonwealth nor the Authority shall be liable for any expense, loss or damage incurred because of or arising out of the cancellation or suspension of a licence or certificate granted under the Regulations.

PART XV—APPLICATION OF STATUTORY LIENS

273. (1) For the purposes of section 68 of the Act, the Registrar shall maintain the Register of Statutory Liens in the Central Office of the Authority and shall cause up-to-date copies of the Register to be held in such other offices of the Authority as the Authority or an authorised person from time to time directs.

(2) The Register and each copy of the Register shall be open to public inspection at the office of the Authority where it is held between the hours of 9:30 a.m. and 4:30 p.m. on each day other than a Saturday, a Sunday or a day that is a public holiday in the place where the office is situated.

(3) For the purposes of subsection 69 (1) of the Act, the Registrar shall enter in the Register in relation to each aircraft to which that subsection applies:

(a) the registration mark of the aircraft;

(b) a description of the aircraft;

(d) the number of the lien; and

(e) the date on which and the time at which the entry is made.

(4) For the purposes of subsection 75 (1) of the Act, the Registrar shall enter in the Register in relation to a statutory lien that ceases to have effect the date on which that statutory lien ceased to have effect.

Sale of aircraft

274. For the purposes of section 73 of the Act, the Authority shall cause a notice of intention to sell the aircraft to be published, at least 14 days before the date on which it is intended to sell the aircraft, in a newspaper circulating in each State and Territory and in another newspaper circulating in the State or Territory in which it is intended to sell the aircraft.

Claims by creditors

275. (1) For the purposes of ascertaining creditors and for the purposes of the distribution of the proceeds of the sale of an aircraft under subsection 73 (1) of the Act, the Authority shall, as soon as practicable after the sale of the aircraft, cause to be published in a newspaper circulating in each State and Territory, and in such other newspaper (if any) as the Authority determines, a notice inviting persons claiming a security interest in the aircraft, being an interest created before the date of the sale, to make a claim in respect of that interest in accordance with this regulation before the expiration of the period specified in the notice, being a period of not less than 21 days after the date of the notice.

(2) A claim under subregulation (1) shall:

(a) be in writing signed by, or on behalf of, the claimant;

(b) set out particulars of the security interest, including the time when it was created and the time when the debt covered by the interest was incurred; and

(c) be given to the Authority, together with written evidence substantiating the nature and extent of the security interest claimed, before the expiration of the period specified in the notice.

(3) An authorised person shall consider each claim made in accordance with this regulation and shall, not later than 14 days after the receipt of the claim:

(a) approve the claim in whole;

(b) approve the claim in part and reject it in part; or

(4) Where an authorised person makes a decision rejecting a claim in whole or in part, the authorised person shall, by notice in writing given not later than 28 days after the date of the decision, inform the claimant of the making of the decision and of the grounds for the decision.

(5) An application may be made to the Administrative Appeals Tribunal for review of a decision referred to in subregulation (4).

(6) A notice referred to in subregulation (4) 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.

(7) A failure to comply with the requirements of subregulation (6) in relation to a decision shall not be taken to affect the validity of the decision.

Distribution of proceeds of sale

276. (1) For the purposes of subsection 74 (2) of the Act, the Authority shall cause the proceeds of the sale of an aircraft under subsection 73 (1) of the Act to be paid into a trust account approved by the Minister for Finance for the purposes of this subregulation and to be held in that trust account until they are dealt with in accordance with this regulation.

(2) The Authority shall cause the proceeds of the sale of an aircraft to be expended in the following order:

(a) first, in payment of any expenses incurred by the Authority in or in connection with the performance of any functions or duties, or the exercise of any powers, under section 72 or subsection 73 (1) of the Act;

(b) second, in payment of any debt incurred before the time of registration of the statutory lien, being a debt covered by an approved security interest (other than a floating charge) created before that time;

(d) fourth, in payment of any debt covered by an approved security interest not falling within paragraph (b).

(3) Where the proceeds of the sale of an aircraft have been expended in accordance with subregulation (2), the Authority shall:

(a) cause the remainder (if any) of those proceeds to be paid to the person who was the owner of the aircraft immediately before the sale, or to the agent of that person; and

(b) cause a written statement containing particulars of the expenditure of those proceeds to be given to that person, or to the agent of that person.

(4) An action does not lie against the Authority or the Commonwealth, or against an officer, employee or agent of the Authority or the Commonwealth acting in good faith in the course of the person’s employment or agency, as the case may be, for the recovery of any debt not covered by an approved security interest.

(5) In this regulation, “approved security interest” means a security interest in respect of which a claim has been approved under subregulation 275 (3).

Certificates

277. For the purposes of subsection 76 (1) of the Act, the following persons are prescribed persons:

(a) the person who holds the certificate of registration of the aircraft;

(b) a person who, in the opinion of an authorised officer, has a security interest in the aircraft;

(d) a person authorised in writing by a person referred to in paragraph (a), (b) or (c).

Notice relating to statutory lien

278. (1) For the purposes of subsection 77 (1) of the Act, the following particulars are prescribed in relation to an entry made in the Register under subsection 69 (1) of the Act creating a statutory lien in respect of an aircraft:

(a) the number of the lien;

(b) the date on which and the time at which the lien was created;

(d) the name and address of the person by whom the charge is payable.

(2) For the purposes of subsection 77 (1) of the Act, the following particulars are prescribed in relation to the cancellation of the certificate of registration of an aircraft under subsection 71 (1) of the Act:

(a) the number of the lien;

(b) the date of the cancellation of the certificate of registration;

(d) the name and address of the person who was the holder of the certificate of registration immediately before its cancellation.

(3) For the purposes of subsection 77 (1) of the Act, the following particulars are prescribed in relation to an entry made in the Register under subsection 75 (1) of the Act that a statutory lien has ceased to have effect:

(a) the number of the lien;

(b) the description of the aircraft and the registration mark of the aircraft;

(4) For the purposes of subsection 77 (1) of the Act, the following persons are prescribed:

(a) the owner, or the agent of the owner, of the aircraft;

(b) the person who holds the certificate of registration of the aircraft or, in the case of a notice relating to action taken under subsection 71 (1) of the Act, the person who was the holder of the certificate of registration immediately before its cancellation;

(d) the person by whom the charge is payable, where that person is not a person referred to in paragraph (a), (b) or (c);

(e) a person who, in the opinion of an authorised officer, has a security interest in the aircraft.

Insurance of aircraft

279. For the purposes of subsection 81 (2) of the Act, the following persons are prescribed:

(a) the Authority;

(b) a person who, in the opinion of an authorised person, has a security interest in the aircraft;

Supply of records

280. (1) Where an aircraft is subject to a statutory lien under section 69 of the Act, any person who keeps any records in respect of the aircraft under regulation 54 shall, when requested to do so by the Authority in writing, supply those records to the officer of the Authority specified in the request.

Penalty: $1,000.

(2) Where:

(a) a request has been made to a person under regulation 11 of the Air Navigation (Charges) Regulations as in force before the commencement of these Regulations; and

(b) the person has not complied with that request at the commencement of these Regulations;

the request shall, for the purposes of these Regulations, be taken to be a request made by the Authority under subregulation (1) to supply records kept under regulation 54 to the officer of the Authority holding the office of Assistant Secretary (Investment and Pricing).

(3) Nothing in subregulation (2) shall render a person liable to be punished twice in respect of a failure to supply the relevant records.

PART XVI—PENAL PROVISIONS AND PROSECUTIONS

Division 1—Penal Provisions

Offences in general

281. (1) A person who contravenes 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, a provision of these Regulations is guilty of an offence.

(3) Any reference in subregulations (1) and (2) to a contravention of a provision of these Regulations shall be read as including a reference to a contravention of 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 aerodrome, air route facility, airway facility, air route or airway may be used or any condition subject to which a licence or certificate 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, 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 or her 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 or her attention.

(5) The penalty for an offence for which no other penalty is prescribed by these Regulations is:

(a) if the offence is prosecuted summarily—a fine not exceeding $2,500; or

(b) if the offence is prosecuted upon indictment—a fine not exceeding $5,000.

(6) Subject to the Act, a person is not guilty of an offence against a provision of these Regulations if the person adduces evidence that the person was not party to, or knowingly concerned in, the act or omission charged and that evidence is not rebutted by the prosecution.

Offences in relation to licences and certificates

282. (1) A person shall not, unless specially permitted by or under these Regulations, perform any duty or exercise any function or do any act for which:

(a) a licence;

(b) a certificate; or

is required under these Regulations, without holding:

(d) the appropriate licence or certificate; or

(e) a licence or certificate containing the appropriate rating or other endorsement.

(2) Where a licence or certificate is suspended, or a rating or other endorsement on a licence or certificate is suspended or cancelled, under these Regulations, the person to whom the licence or certificate was granted shall not, for the purposes of subregulation (1) be deemed to be the holder of the licence or certificate or a licence or certificate containing the rating

or other endorsement, as the case may be, during the period of suspension or cancellation.

(3) A person shall not purport to give a certificate, or to issue a document, for the purposes of these Regulations unless he or she is authorised under these Regulations to do so.

(4) The holder of a licence or certificate shall not:

(a) negligently perform a duty that he or she is qualified to perform under the terms of the licence or certificate; or

(b) issue a certificate that he or she is required or empowered to issue under these Regulations without ensuring that all matters certified therein are true and correct in every material particular.

False statements

283. A person shall not make, either orally or in writing, a statement that is false or misleading in a material particular in or in connection with:

(a) an application for the grant, issue, renewal or endorsement of a licence, rating, certificate, permit, permission, authority or approval under these Regulations; or

(b) a return, report, notice, form or other document furnished in accordance with these Regulations.

Dishonest acts in relation to licences and certificates

284. (1) A person shall not commit a dishonest act in or in relation to an examination applicable to a licence or certificate.

(2) Where a person commits a dishonest act in or in relation to an examination:

(a) the person shall be deemed not to have passed the examination; and

(b) the person is not entitled to sit for an examination applicable to a licence or certificate for a period of 12 months from the date of the first-mentioned examination.

(3) In this regulation, “licence” and “certificate” have the same meanings as in Part XIV.

Interference with crew or aircraft

285. A person shall not obstruct or impede any other person from exercising a power or performing a duty conferred on that other person by or under these Regulations.

Stowaways

286. A person shall not secrete himself or herself in an aircraft, or travel in an aircraft without the consent of the operator or pilot in command.

Power of Court to order returns etc. to be furnished

287. 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 or she 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.

Detention of aircraft

288. (1) Where it appears to the Authority that any aircraft is intended or likely to be flown in such circumstances that the flight would involve an offence against these Regulations or be a cause of danger to persons in the aircraft or to persons or property on the ground, the Authority 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) Where an aircraft has been detained in pursuance of subregulation (1), the aircraft shall not be used until the Authority, being satisfied that the Regulations are being complied with, approves, or until such alterations or repairs as the Authority considers necessary to render the aircraft fit for flight have been made.

Creation of fire hazard

289. (1) Subject to these Regulations, a person shall not smoke or do any act to procure a naked flame within 15 metres of an aircraft or in any part of an aerodrome in which a notice indicates that smoking is prohibited.

(2) A person shall not do any act likely to create a fire hazard endangering an aircraft or an aerodrome.

(3) Nothing in this regulation applies in relation to an act done at a Federal airport.

Firearms—Federal airports

290. An authorised person may, for a purpose relating to the safety of air navigation, discharge a firearm upon or over any part of a Federal airport.

Stationary aircraft within precincts of an aerodrome

291. A stationary aircraft shall not, without the permission of an Air Traffic Control unit, be left standing within the precincts of an aerodrome at which Air Traffic Control is in operation except in an area that is designated to be an area for the parking of aircraft of a kind to which that aircraft belongs.

Damaged aircraft on movement area to be reported

292. (1) Where an aircraft:

(a) is left standing on the movement area of an aerodrome; or

(b) is left standing on any other area of an aerodrome so as to constitute a hazard to aircraft operations;

the pilot in command of the aircraft shall forthwith report the fact that the aircraft is standing on the movement area or other area of the aerodrome to the nearest Air Traffic Control unit or radio communication station.

(2) A report under subregulation (1) shall be in addition to a notification or report required under the Air Navigation Regulations.

(3) In this regulation, “radio communication station” means a radio station established or authorised for the purpose of radio communication with aircraft and designated by the Authority as a radio communication station in Aeronautical Information Publications.

(4) A reference in this regulation to an aerodrome shall be read as including a reference to an aerodrome under the control of a part of the Defence Force, being an aerodrome in respect of which an arrangement under section 20 of the Act is in force.

Removal of aircraft from movement area

293. (1) Where, in the opinion of the Authority, it is necessary, in the interests of safety or to expedite or maintain an orderly flow of air traffic, to remove an aircraft from any part of an aerodrome or to move an aircraft from one part of the movement area of an aerodrome to another, the Authority may authorise a person, with such assistance (if any) as is necessary and reasonable, to so remove or move the aircraft, and the officer shall remove or move the aircraft accordingly.

(2) The Authority or a person who assists in the removal of an aircraft under subregulation (1) shall not be liable for any damage which occurs to the aircraft by reason of its removal in pursuance of an authorisation given under that subregulation.

(3) A reference in this regulation to an aerodrome shall be read as including a reference to an aerodrome under the control of a part of the Defence Force, being an aerodrome in respect of which an arrangement under section 20 of the Act is in force.

Prohibition of entry etc. on prohibited area

294. (1) A person shall not, without lawful authority or excuse:

(a) enter or remain within a prohibited area in an aerodrome;

(b) bring or leave any property on a prohibited area within an aerodrome;

(d) bring any animal or bird on to a prohibited area within an aerodrome; or

(e) permit any animal or bird under his or her possession or control to trespass on a prohibited area within an aerodrome.

(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 authorised 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:

“authorised person” means an officer or employee of the Authority, a member of the Defence Force, a constable, the proprietor of an aerodrome or any person authorised by him or her or the pilot in command of an aircraft;

“prohibited area”, in relation to an aerodrome, means any part of the aerodrome upon which is posted a notice relating to that part of the aerodrome, being a notice to the effect that trespassing upon that part of the aerodrome is prohibited and purporting to have been posted with the authority of the Authority.

Use of rockets

295. (1) A person shall not, except with the permission of the Authority and in accordance with any specified conditions to which the permission is subject:

(a) launch a rocket into the air, or cause a rocket to be so launched, within 5 kilometres of an aerodrome; or

(b) cause a rocket to be propelled:

(i) at any height over ground or water that is is not more than 5 kilometres from an aerodrome; or

(ii) at a height exceeding 300 feet over ground or water that is more than 5 kilometres from an aerodrome.

(2) In considering whether to give permission for the purposes of sub-regulation (1) or to give that permission subject to conditions, the Authority shall have regard only to the safety of air navigation.

(3) Permission given for the purposes of subregulation (1) may be given:

(a) to a specified person or a person included in a specified class of persons or to persons generally; or

(b) in respect of a specified rocket or a rocket included in a specified class of rockets.

Division 2—Prosecutions

Time for commencing prosecutions

296. (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.

PART XVII—EVIDENCE

Evidence

297. (1) The Authority may, in writing, certify that:

(a) a document required to be surrendered to the Authority in accordance with a notice in writing under regulation 301 has not been so surrendered;

(b) a document annexed to the certificate is a true copy of the text of the Convention or of an annex adopted in pursuance of the Convention; or

(c) a document annexed to the certificate is a true copy of a Civil Aviation Order, AIP, NOTAM, licence, certificate, permit, direction, authority, notice, order, approval or other document published, given or issued under these Regulations.

(2) The Authority, in a certificate under paragraph (1) (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 these Regulations or in any proceedings for the recovery of moneys under these Regulations; or

(b) the applicant or other specified person in any review, investigation or inquiry conducted or made under these Regulations.

(3) The Authority, or the officer having custody of the appropriate records of the Authority, may, in writing, certify that, during a specified period or on a specified date:

(a) a person was or was not licensed;

(b) an aircraft was or was not registered;

(c) a certificate of airworthiness of an aircraft had or had not been issued, was valid or invalid for the purposes of these Regulations or was subject to specified conditions;

(d) an air route or airway facility 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 86;

(e) a place was or was not licensed for use as an aerodrome or was or was not authorised for use as an aerodrome;

(f) a permit, direction, authority, notice, order or approval required under these Regulations had or had not been issued under these Regulations; or

(g) a licence or certificate issued under these Regulations was or was not suspended, cancelled or endorsed with a specified endorsement.

(4) 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 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.

(5) For the purposes of establishing liability to charges as defined by section 66 of the Act, a flight by an aircraft may be identified by documentation that includes:

(a) a flight strip summary, being a document known by that description issued by the Authority for the purpose of enabling officers of the Authority to compile records of aircraft movements in relation to aerodromes;

(b) messages extracted from the message switching system known as the Aeronautical Fixed Telecommunication Network as referred to in Annex 10 to the Chicago Convention;

(d) an invoice, being an invoice containing a printout of computerised records of each flight to which the invoice relates.

PART XVIII—MISCELLANEOUS

Application for licences etc.

298. Every application for the issue or renewal of a licence, certificate, (other than a certificate to which regulation 211 applies) permit, authority or other document under these Regulations shall be made in the approved form to the Authority, and shall be accompanied by notification of the applicant’s place of abode, his or her place of business and the address to which any communication under these Regulations may be sent.

Change of address

299. Where the holder of a licence, certificate, permit or authority under these Regulations changes his or her place of abode or business or the address notified in accordance with regulation 298, he or she shall forthwith furnish to the Authority notice in writing of the change.

Restrictions on issue of licences etc.

300. Unless the Authority otherwise directs, a licence or certificate required by or under these Regulations shall not be issued to a person who is not an Australian citizen ordinarily resident in Australia or a corporation substantially owned and effectively controlled by Australian citizens ordinarily resident in Australia.

Surrender of documents

301. (1) The holder of a licence, certificate or other document issued under these Regulations, or a person having the custody of a licence, certificate or other document issued under these Regulations, shall, if the Authority by notice in writing so requires, surrender the licence, certificate or document to the Authority 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 or she is required to surrender to the Authority.

Production of licences etc.

302. (1) Any person required under these Regulations to be the holder of a licence shall, on demand by an authorised person, produce the licence and, in the case of a member of an operating crew, his or her log book for inspection by the authorised person.

(2) The owner or pilot in command of any aircraft shall, on demand, produce or cause to be produced for inspection by an authorised person, any certificates, licences, log books or other documents relating to the aircraft and if it carries passengers or cargo, the list of names of the passengers or the bills of lading and the manifest, as the case may be.

Conditions subject to which licences or certificates are granted

303. Wherever the Authority is empowered under these Regulations to grant or issue a licence or certificate upon or subject to conditions, the Authority may, unless the contrary intention appears, specify and notify in Civil Aviation Orders any such conditions that are to be of general application to a specified class of licences or certificates (which may include licences or certificates granted or issued before the notification) and any conditions so notified shall be deemed to be conditions of every licence or certificate of that class.

Directions and instructions—section 23 of the Act

304. The Authority may give or issue directions or instructions to all or any of the persons holding permissions under section 23 of the Act, being directions or instructions with respect to matters affecting the safe navigation and operation, or the maintenance, of aircraft.

Access of authorised person to aerodromes, aircraft etc.

305. Subject to any aviation security requirements, an authorised 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 or her in pursuance of these Regulations, and, in particular:

(a) shall have access at all times to any licensed aerodrome or place authorised for use as an aerodrome for the purpose of inspecting the aerodrome or place;

(b) shall, during the construction, assembly or maintenance of an aircraft by the holder of a certificate of approval or an aircraft maintenance engineer licence covering the construction, assembly or maintenance, as the case may be, have access at all times during working hours to:

(i) the premises, or that part of the premises, in which the construction, assembly or maintenance, as the case may be, is being carried out;

(ii) the drawings of the aircraft or of any aircraft component installed, or to be installed, in the aircraft; and

(iii) all documents associated with the construction, assembly or maintenance, as the case may be; and

Liability for damage to aircraft during official tests

306. The Authority or an officer shall not be liable for any loss or damage to an aircraft which occurs while the aircraft is in the custody of the Authority for the purpose of official flying trials or other official tests, or in the course of transit to and from the place fixed for those trials or tests, or during any inspection by an officer in pursuance of these Regulations.

Colouring of certain aircraft

307. Where the usual station of an aircraft is in a tropical area or such other area as the Authority determines, the colour of the aircraft shall be such colour, contrasting with that of the natural flora and the terrain of the area, as the Authority directs.

Exemption of certain aircraft from specified provisions of these Regulations

308. (1) Notwithstanding anything contained in these Regulations, the Authority may, by notification in Civil Aviation Orders, exempt balloons, gliders, rotorcraft, model pilotless aircraft or such other types or categories of aircraft as the Authority specifies from compliance with such provisions of these Regulations as the Authority specifies.

(2) The Authority may, in exempting a type or category of aircraft under subregulation (1), specify in the notification such conditions to be complied with by aircraft of that type or category as the Authority considers

necessary in the interests of safety, and aircraft of such type or category shall comply with the conditions so specified.

Powers of pilot in command

309. (1) The pilot in command of an aircraft, with such assistance as is necessary and reasonable, may:

(a) take such action, including the removal of a person from the aircraft or the placing of a person under restraint or in custody, by force, as the pilot considers reasonably necessary to ensure compliance with the Act or these Regulations in or in relation to the aircraft; and

(b) detain the passengers, crew and cargo for such period as the pilot considers reasonably necessary to ensure compliance with the Act or these Regulations in or in relation to the aircraft.

(2) A person who, on an aircraft in flight, whether within or outside Australian territory, is found committing, or is reasonably suspected of having committed, or having attempted to commit, or of being about to commit, an offence against the Act or these Regulations may be arrested without warrant by a member of the crew of the aircraft in the same manner as a person who is found committing a felony may, at common law, be arrested by a constable and shall be dealt with in the same manner as a person so arrested by a constable.

Variation of meaning of “night”

310. When the light in a particular area is affected by local atmospheric, climatic or geographical conditions, the Authority may determine the period that is to be regarded as night in that area for the purposes of these Regulations.

PART XIX—TRANSITIONAL

Transitional

311. (1) Where:

(a) an instrument (other than an Air Navigation Order or an instrument delegating powers or functions) made, granted or issued by a person under or for the purposes of a provision of the Air Navigation Regulations was in effect immediately before the commencement of these Regulations; and

(b) that provision is one to which a provision of these Regulations corresponds;

the instrument continues to have effect after the commencement of these Regulations as if it had been made, granted or issued by the appropriate person under or for the purposes of that corresponding provision of these Regulations.

(2) Where:

(a) an Air Navigation Order issued under the Air Navigation Regulations for the purposes of a provision of those Regulations was in effect immediately before the commencement of these Regulations; and

(b) that provision is one to which a provision of these Regulations corresponds;

the Air Navigation Order continues to have effect after the commencement of these Regulations as if it had been issued by the Authority for the purposes of that corresponding provision of these Regulations.

(3) Where:

(a) any act done, step taken or decision made (not being the making, granting or issuing of an instrument) by a person under or for the purposes of a provision of the Air Navigation Regulations was in effect immediately before the commencement of these Regulations; and

(b) that provision is one to which a provision of these Regulations corresponds;

the act, step or decision continues to have effect after the commencement of these Regulations as if it had been done, taken or made by the appropriate person under or for the purposes of that corresponding provision of these Regulations.

(4) An Air Navigation Order referred to in subregulation (2) shall, in its operation after the commencement of these Regulations, be taken to be a Civil Aviation Order made under these Regulations.

(5) Where any act done, step taken or decision made by a person under or for the purposes of an Air Navigation Order referred to in subregulation (2) was in effect immediately before the commencement of these Regulations, the act, step or decision continues to have effect after the commencement of these Regulations as if it had been done, taken or made by the appropriate person under or for the purposes of that Air Navigation Order as continued in effect after the commencement of these Regulations as a Civil Aviation Order.

(6) In an instrument (including an Air Navigation Order) that, by virtue of this regulation continues to have effect in the manner provided in this regulation:

(a) a reference to the Secretary to the Department shall be read as a reference to the Authority;

(b) a reference to the Department (other than a reference mentioned in paragraph (a)) shall be read as a reference to the Authority;

(c) a reference to a provision of the Air Navigation Act 1920 shall be read as a reference to the corresponding provision of the Act;

(d) a reference to a provision of the Air Navigation Regulations shall be read as a reference to the corresponding provision of these Regulations; and

(e) a reference to an Air Navigation Order that, by virtue of this regulation, continues to have effect as a Civil Aviation Order shall be read as a reference to that Civil Aviation Order.

NOTE

1. Notified in the Commonwealth of Australia Gazette on 30 June 1988.

Printed by Authority by the Commonwealth Government Printer