Air Navigation Act 1937 (Qld)

Air Navigation Act 1937

An Act to provide for the application of the air navigation regulations and civil aviation regulations of the Commonwealth to and in relation to air navigation within the State, and to provide in relation to liability for certain injury, loss, damage or destruction by aircraft

Part 1 Preliminary

1 Short title This Act may be cited as the Air Navigation Act 1937.

2 [Repealed]

3 [Repealed]

3A Construction of this Act This Act and every proclamation made under this Act shall be read and construed so as not to exceed the legislative power of the State to the intent that where any enactment hereof or provision of any such proclamation would but for this section have been construed as being in excess of that power it shall nevertheless be a valid enactment or provision to the extent to which it is not in excess of that power.

4 Definitions In this Act— aircraft means any machine or craft that can derive support in the atmosphere from the reactions of the air, other than the reactions of the air against the earth's surface, but does not include model aircraft. Commonwealth Act means— (a) the Air Navigation Act 1920 (Cwlth); or (b) the Civil Aviation Act 1988 (Cwlth). in flight see section 12. operator see section 13. regulations means regulations made under a Commonwealth Act.

Part 2 Application of regulations

5 Application of regulations to air navigation etc. within State The regulations from time to time in force applicable to and in relation to air navigation within the Territories shall (except so far as those regulations are by virtue of the Commonwealth Act and the regulations applicable to and in relation to air navigation within Queensland and except so far as those regulations are declared by this Act or any regulation or any provision of any regulation included in those regulations is declared by proclamation made by the Governor in Council under this Act to be not applicable to and in relation to air navigation within Queensland) apply, mutatis mutandis, to and in relation to air navigation within Queensland as if those regulations as so applied were incorporated in this Act, and for the purposes of this Act those regulations shall be read and construed and take effect accordingly.