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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".

Regulations.
6. (1) Section 26 of the Principal Act is amended by inserting after sub-section (1) the following sub-section:—
"(1a) Regulations under sub-section (1) may apply to, and in relation to, state aircraft.".

(2) Section 26 of the Principal Act is amended by inserting after paragraph (c) of sub-section (2) the following paragraph: —
     "(ca) the charging and recovery of fees and other charges in respect of matters specified in the regulations, being matters in relation to which expenses are incurred by Australia under this Act