Air Navigation Act 1974 (Cth)

AIR NAVIGATION ACT 1974

No. 124 of 1974

An Act to amend the Air Navigation Act 1920-1973 and for purposes connected therewith.

BE IT ENACTED by the Queen, the Senate and the House of Representatives of Australia, as follows: —

PART I—PRELIMINARY

Short title and citation. 1. (1) This Act may be cited as the Air Navigation Act 1974. (2) The Air Navigation Act 1920-1973 is in this Act referred to as the Principal Act. (3) The Principal Act, as amended by this Act, may be cited as the Air Navigation Act 1920-1974.

Commencement. 2. (1) Subject to sub-sections (2) and (3), this Act shall come into operation on the day on which it receives the Royal Assent. (2) Sections 4, 5 and 10 and sub-section 6(1) shall come into operation on a date to be fixed by Proclamation. (3) Sections 7, 9 and 13 and sub-section 12(1) shall come into operation on a date to be fixed by Proclamation.

PART II—PROVISIONS RELATING TO THE AIR NAVIGATION ACT

Interpretation. 3. A reference in a provision of this Part to the Principal Act shall be read as a reference to the Principal Act as amended by any provision of this Act that came into force before the commencement of that first-mentioned provision.

4. After section 2a of the Principal Act the following section is inserted:— Act not to apply to state aircraft.

"2b. Except where the contrary intention appears, this Act does not apply to, or in relation to, a state aircraft.".

Interpretation. 5. Section 3 of the Principal Act is amended— (a) by omitting from sub-section (1) the definition of "aircraft" and substituting the following definition:— " 'aircraft' means any machine or craft that can derive support in the atmosphere from the reactions of the air;"; and

(b) by omitting paragraph (a) of the definition of "state aircraft" in sub-section (1) and substituting the following paragraph:— "(a) aircraft of any part of the Defence Force (including any aircraft that is commanded by a member of that Force in the course of his duties as such a member), other than any aircraft that by virtue of registration under the regulations is an Australian aircraft; and".