Commonwealth Numbered Regulations

1980 No. 269 AIR NAVIGATION REGULATIONS (AMENDMENT) - REG 14

14. Regulation 285 of the Air Navigation Regulations is repealed and the
following regulation substituted: Investigation of accidents and incidents to
Australian aircraft outside Australian territory

"285. (1) Where, in the territory of a Contracting State other than Australia,
an accident occurs to an aircraft in relation to which Australia is the State
of registry, the State of the operator or the State of manufacture, the
Minister, after receiving notification of the accident from the Contracting
State, may-

   (a)  in a case in which Australia is the State of registry or the State of
        the operator-

        (i)    except where sub-paragraph (ii) applies-appoint an accredited
               representative to participate in the investigation instituted
               by the Contracting State into the circumstances surrounding the
               accident; or

        (ii)   if the Contracting State has delegated the whole or any part of
               the conduct of the investigation to Australia-appoint an
               investigator to conduct the whole or any part of the
               investigation so delegated; and

   (b)  in a case in which Australia is the State of manufacture and the
        Contracting State that conducts the investigation requests Australia
        to participate in the investigation-appoint an accredited
        representative to participate in the investigation.



"(2) Where an accident occurs to an aircraft, not being an aircraft in
relation to which sub-regulation (1) applies, and Australia has, at the
request of the Contracting State that conducts the investigation into the
circumstances surrounding the accident, provided information, facilities or
experts to that State in relation to the investigation, the Minister may
appoint an accredited representative to participate in the investigation.



"(3) Where the Minister has appointed, under sub-regulation (1), an accredited
representative to participate in an investigation conducted into the
circumstances surrounding an accident, the Minister may appoint advisers to
assist the accredited representative so appointed.



"(4) Where an accident occurs to an Australian aircraft in the territory of a
country that is not a Contracting State or the location of an accident that
occurs to an Australian aircraft outside Australian territory cannot
definitely be established as being in the territory of a Contracting State,
the Minister-

   (a)  shall appoint an investigator to institute and conduct an
        investigation into the circumstances surrounding the accident; or

   (b)  shall, with the consent of another Contracting State, delegate the
        whole or any part of the conduct of the investigation to an
        investigator appointed by that Contracting State.



"(5) Where an incident occurs outside Australian territory to an Australian
aircraft, the Minister may authorize an investigator to conduct an
investigation into the circumstances surrounding the incident.



"(6) Where an investigator referred to in this regulation conducts in
Australian territory the whole or a part of an investigation referred to in
this regulation, the investigator has, in relation to the whole or the part,
as the case may be, of the investigation conducted in Australian territory,
the powers and duties of an investigator authorized under regulation 278 to
conduct an investigation.".