Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(1) In these Regulations, unless the contrary intention appears:
"agreement" means the Air Transit Agreement or another agreement or arrangement referred to in paragraph 13 (3) (b) of the Act.
"airline" means the operator of a regular public transport service.
"approved" means approved by the Secretary.
(a) a timetable approved under paragraph 21 (1) (a) or (b); or
(b) if a timetable referred to in paragraph (a) is varied under subregulation 22 (1) or (3) -- the timetable as varied.
"authorized" means authorized by the Secretary or by a person, or a person included in a class of persons, appointed by the Secretary to give the authority concerned.
"authorized person" , for the purposes of a provision in which that expression occurs, means:
(a) a person appointed under regulation 7 to be an authorized person for the purposes of that first‑mentioned provision; or
(b) a person included in a class of persons appointed under regulation 7 to be authorized persons for the purposes of that first‑mentioned provision.
"cargo" means property carried on board an aircraft other than stores, baggage or carry-on luggage.
"carry-on luggage" means an article or possession of an aircraft passenger or crew member that is intended to be accessible to the passenger or crew member while the aircraft is in flight.
"code sharing" has the same meaning as in section 4 of the International Air Services Commission Act 1992 .
"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 .
"Director" means the holder, from time to time, of the office of Director of Air Safety Investigation in the Department.
"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.
"foreign country" , in relation to an airline, means any country:
(a) in which the airline is incorporated; or
(b) in which the airline has its place of business; or
(c) in which any aircraft belonging to the airline is registered; or
(d) the government of which directly or indirectly controls the airline; or
(e) of which the airline is a designated airline for the purposes of the relevant agreement.
"grant" , in relation to a licence, means grant of the licence, either by way of initial issue or by renewal from time to time.
"holder" , in relation to a licence granted or issued under these Regulations, means a person to whom the licence has been granted or issued.
"infringement notice" means a notice issued under regulation 133.
"infringement notice offence" means an offence that is declared by a provision of these Regulations to be an infringement notice offence.
"International Air Services Commission" means the body established under section 6 of the International Air Services Commission Act 1992 .
"licensed" means licensed under these Regulations.
"licensed international airline" means an airline holding a licence referred to in section 12 of the Act.
"private aircraft" means an aircraft employed in private operations.
"private operation" means an operation of an aircraft that is not:
(a) a regular public transport operation; or
(b) a charter operation.
"public transport service" means a service for the carriage of persons or cargo for hire or reward.
"registered" means registered under the Civil Aviation Regulations 1988 .
"relevant agreement" , in relation to a particular scheduled international air service, means an agreement that governs the service.
relevant authority , in relation to a licence holder and a scheduled international air service operated by the licence holder, means the government or an authority of a foreign country that:
(a) has regulatory oversight of the licence holder; and
(b) is a signatory to the relevant agreement.
"Territory" does not include the Northern Territory.
"the Act" means the Air Navigation Act 1920 .
"the Convention" means the Chicago Convention, as amended by the Protocols referred to in subsection 3A (2) of the Act and includes any Annex to the Convention relating to international standards and recommended practices (being an Annex adopted in accordance with the Convention) and the Air Transit Agreement.
"the Council" means the Council of the International Civil Aviation Organization.
"timetable" , in relation to a scheduled international air service, includes:
(a) the route of the service; and
(b) the times of departure from, and arrival at, each terminal and intermediate stopping place on the route; and
(c) the frequency of the service; and
(d) the capacity on all or part of the route of the service concerned; and
(e) the type of aircraft operating on all or part of the route of the service concerned.
(2) Unless the contrary intention appears, any reference in these Regulations to the classification of a particular aircraft shall be read as a reference to the classification of the aircraft, according to function, as a private aircraft, charter aircraft or regular public transport aircraft, as the case may be, and any reference to a division of aircraft into classes shall have a corresponding meaning.
(3) Any reference in these Regulations to the owner of an aircraft, 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.
(4) 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.