Inspection of promises, &c.

Periods of leases, &c.

Act the days on which, and the times during which, the authority may be exercised, and the authority may lawfully be exercised on those days and during those times.

(3.) An authority under this Act to sell or supply intoxicating liquor shall contain terms and conditions under which the holder is subject to requirements, prohibitions and restrictions as to the days on which, and the times during which, such liquor may be sold or supplied corresponding to, and to other requirements, prohibitions and restrictions corresponding, as nearly as possible, to, those that apply, under the law of the State or Territory in which the airport is situated, in relation to the sale or supply of such liquor in pursuance of a licence under that law of the kind that most nearly corresponds with the authority under this Act..

(4.) An authority under this Act shall contain such terms and conditions as the Minister thinks necessary for the purpose of preventing the sale or supply of goods or services, in pursuance of the authority, to persons resorting to the airport solely or principally for the purpose of purchasing or obtaining goods or services at times outside the days and hours of trading or business that would be applicable, under the law of the State or Territory of the Commonwealth in which the airport is situated, in relation to like transactions in the part of that State or Territory in which the airport is situated.

(5.) Except as provided in this section, a lease, licence or authority under this Act does not exempt a person from compliance with the law of a State or Territory of the Commonwealth.

10. (1.) An authority under this Act shall contain such terms and conditions in relation to the inspection of premises, the keeping and inspection of books and records and the inspection and sampling of goods as the Minister considers necessary for the purposes of this Act.

(2.) The Governor-General may, for the purposes of this Act, arrange with the Governor of a State for the performance by members of the Police Force of the State or by persons employed in the public service of the State, for the Government of the Commonwealth, of any work or services, and for the payment to be made by the Commonwealth for any such work or services.

11. (1.) Subject to this section, a lease, licence or authority under this Act, other than a lease, licence or authority for purposes directly related to the operation of air transport services, shall not be granted

(a) for a period exceeding

(i) in the case of a building lease or an authority included in, or granted in relation to, such a lease-ninety-nine years; or

(ii) in any other case-twenty-one years; or
(b) except after tenders have been publicly invited or after
public auction.

(2.) Paragraph (b) of the last preceding sub-section does not
apply in relation to a lease, licence or authority granted-
(a) for a period not exceeding three years; or

(b) in pursuance of an option of renewal.

(3.) Nothing in this section affects any rights (including an option of renewal) granted before the commencement of this Act.

(4.) For the purposes of this section the period of a lease, licence or authority shall be deemed to include any period for which it is renewable under an option of renewal.

12. (1.) A lease or licence in respect of land within an airport granted by or on behalf of the Commonwealth before the date of commencement of this Act and in force immediately before that date continues in force as if granted under this Act, and accordingly any power or remedy of the Commonwealth, or of any person on behalf of the Commonwealth, in respect of any such lease or licence is exercisable by the Minister.

(2.) In relation to an airport in a Territory of the Commonwealth, a reference in this section to the date of commencement of this Act shall be read as a reference to the date specified in a Proclamation under section five of this Act as the date on and after which this Act shall apply in, or extend to, that Territory.

Saving of

existing leases

and licences.

obtain

13. In the application of section fifty-seven of the Lands Warrants to Acquisition Act 1955–1957 in relation to land within an airport, possession references in that section to the Minister shall be read as references of land. to the Minister of State for the time being administering this Act or any Minister or member of the Executive Council for the time being acting for and on behalf of that Minister.

of certain

14.—(1.) The Minister may, by writing under his hand, Evidence certify that, on a specified date or during a specified period, an matters. airport, within the meaning of this Act, existed at a place, and had the boundaries, described, by reference to a map or otherwise, in the certificate and may, in the certificate, certify as to the existence, situation and description of any physical features (including buildings or other erections) of or upon the airport at that date or within that period.

(2.) In a prosecution under this Act, a certificate under this section is evidence of the matters certified.

(3.) A document purporting to be a certificate under this section and to be signed by a person by virtue of a delegation to that person of the powers of the Minister under this section may be admitted in evidence as such a certificate without proof of the delegation or of the signature of that person.

Delegation.

Regulations.

15. (1.) The Minister may, either generally or in relation to a matter or class of matters and either in relation to all airports or a particular airport or particular airports, by writing under his hand delegate to a person or persons all or any of his powers and functions under this Act (except this power of delegation and his power to grant an authority to sell or supply alcoholic liquor).

(2.) A power or function so delegated may be exercised or performed by the delegate in accordance with the instrument of delegation.

(3.) A delegation under this section is revocable at will and does not prevent the exercise of a power or the performance of a function by the Minister.

16. The Governor-General may make regulations, not inconsistent with this Act, prescribing all matters required or permitted by this Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to this Act.

AIR NAVIGATION.

No. 39 of 1960.

An Act to amend the Air Navigation Act 1920-1950, and for other purposes.

BE

[Assented to 10th June, 1960.]

it enacted by the Queen's Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:

1. (1.) This Act may be cited as the Air Navigation Act Short title 1960.

(2.) The Air Navigation Act 1920-1950* 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 1920-1960.

and citation.

2. This Act shall come into operation on a date to be fixed Commenceby Proclamation.

3. Sections two and three of the Principal Act are repealed

and the following sections inserted in their stead:

ment.

"2. This Act extends to every Territory of the Common- Extension to wealth.

Territories.

• Act No. 50, 1920, as amended by No. 93, 1936; Nos. 6 and 89, 1947; and No. 80, 1950.

Act to bind
Crown.

Interpretation.

"2A. This Act binds the Crown in right of the Commonwealth or of any State.

"3.-(1.) In this Act, unless the contrary intention appears'aircraft' does not include state aircraft;

(Australian aircraft' means an aircraft registered in Australia in accordance with the regulations;

'Australian territory' means the territory of the Commonwealth and of every Territory of the Commonwealth, and includes the territorial waters of the Commonwealth and of every such Territory and the air space over any such territory or territorial waters;

'Contracting State' means a country, other than Australia, that is a party to the Chicago Convention;

crew', in relation to an aircraft, includes every person having
duties or functions on board the aircraft during the flight
of the aircraft in connexion with the flying or safety
of the aircraft;

'international airline' means an air transport enterprise
offering or operating an international air service;
non-scheduled flight', in relation to an aircraft that
possesses the nationality of a Contracting State, means
à flight by that aircraft over or into Australian territory
otherwise than under the authority of an international
airline licence issued by the Director-General in pur-
suance of the regulations;

pilot in command', in relation to an aircraft, means the
pilot responsible for the operation and safety of the
aircraft during the flight of the aircraft;

'state aircraft' means

(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; and

(b) aircraft used in the military, customs or police services of a country other than Australia;

'the Air Transit Agreement' means the International Air Services Transit Agreement concluded at Chicago on the seventh day of December, One thousand nine hundred and forty-four;

'the Chicago Convention' means the Convention on International Civil Aviation concluded at Chicago on the seventh day of December, One thousand nine hundred and forty-four;

'the Director-General' means the Director-General of Civil Aviation and includes any person acting as DirectorGeneral;