Civil Aviation Legislation Amendment
Act 1995
No. 82 of 1995
TABLE OF PROVISIONS
PART 1—PRELIMINARY
Section
1. Short title
2. Commencement
PART 2—AMENDMENTS
3. Amendment of the Civil Aviation Act
4. Amendment of the Civil Aviation Act
5. Amendment of other Acts
6. Amendment of the Audit (Transitional and Miscellaneous) Amendment Act
PART 3—TRANSITIONAL
7. Interpretation
8. Transfer of CAA staff to AA and CASA
9. Transfer of CAA assets and liabilities to AA and CASA
10. References in CAA instruments
TABLE OF PROVISIONS—continued
Section
11. Pending proceedings
12. Continuation of AOC applications made under the regulations
13. Continuation of Civil Aviation Orders, AOCs etc.
14. Statutory liens
15. Exemption from certain State and Territory stamp duties
16. Certificates in relation to interests in land
17. Certificates in relation to other assets
18. AA financial rules etc.
19. Income tax treatment of certain assets
20. AA to inherit CAA's tax position
21. Appointment of Director of Aviation Safety
22. Regulations
SCHEDULE 1
AMENDMENT OF THE CIVIL AVIATION ACT 1988
SCHEDULE 2
AMENDMENT OF THE CIVIL AVIATION ACT 1988
SCHEDULE 3
AMENDMENT OF OTHER ACTS
SCHEDULE 4
AMENDMENT OF THE AUDIT (TRANSITIONAL AND MISCELLANEOUS) AMENDMENT ACT 1995
Civil Aviation Legislation Amendment
Act 1995
No. 82 of 1995
An Act to amend the law relating to aviation
[Assented to 30 June 1995]
The Parliament of Australia enacts:
PART 1—PRELIMINARY
Short title
1. This Act may be cited as the Civil Aviation Legislation Amendment Act 1995.
Commencement
2.(1) Subject to this section, this Act commences on:
(a) a day to be fixed by Proclamation; or
(b) the first day after the end of the period of 6 months beginning on the day on which this Act receives the Royal Assent;
whichever is earlier.
(2) If the Commonwealth Authorities and Companies Act 1995 commences on the day that applies under subsection (1) of this section, then sections 4 and 6 of this Act commence immediately after the commencement of the other provisions of this Act.
(3) If the Commonwealth Authorities and Companies Act 1995 has not commenced before the day that applies under subsection (1) of this section, and does not commence on that day, then sections 4 and 6 of this Act commence on the same day as that Act.
(4) If section 4A of the Civil Aviation Act 1988 has not commenced before the day that applies under subsection (1) of this section, then item 15 of Schedule 1 to this Act commences immediately after the commencement of that section.
(5) If the Legislative Instruments Act 1995 has not commenced before the day that applies under subsection (1) of this section, then items 22 and 23 of Schedule 3 to this Act commence immediately after the commencement of that Act.
PART 2—AMENDMENTS
Amendment of the Civil Aviation Act
3. The Civil Aviation Act 1988 is amended as set out in Schedule 1.
Amendment of the Civil Aviation Act
4. The Civil Aviation Act 1988 is amended as set…
Overview
The Civil Aviation Legislation Amendment Act 1995 was enacted to address the need for a new regulatory framework for civil aviation safety in Australia. This Act was introduced in response to the recommendation to separate the regulatory functions from the commercial operations within the aviation sector. The Civil Aviation Legislation Amendment Act 1995 was enacted by the Parliament of Australia, as evidenced by the assent to the Act on 30 June 1995. The primary policy objective of this legislation is to establish a regulatory framework that maintains, enhances, and promotes the safety of civil aviation, with a particular emphasis on preventing aviation accidents and incidents. This objective is explicitly stated in the main object of the Act, which aims to establish a regulatory framework for civil aviation safety, focusing on safety-related standards and enforcement strategies.
Scope and Application
The Civil Aviation Legislation Amendment Act 1995 amends the Civil Aviation Act 1988, as well as other related Acts, to facilitate the restructuring of the civil aviation regulatory framework in Australia. The Act applies to the Commonwealth, its authorities, and entities involved in civil aviation, including Airservices Australia and the Civil Aviation Safety Authority (CASA). The Act addresses the transfer of staff, assets, and liabilities from the Civil Aviation Authority (CAA) to Airservices Australia and CASA, and establishes CASA as the primary regulator for civil aviation safety, distinct from the CAA. The Act includes transitional provisions to ensure continuity in regulatory functions, legal proceedings, and the handling of assets and liabilities during the transition. The Act also clarifies the roles and responsibilities of Airservices Australia and CASA, including the issuance and management of Air Operator's Certificates (AOCs), enforcement of safety regulations, and the development of aviation safety standards. Furthermore, the Act specifies the conditions under which AOCs are granted and managed, and it outlines the penalties for non-compliance with aviation safety laws.
Key Provisions
- The Civil Aviation Legislation Amendment Act 1995 introduces a series of amendments to existing aviation legislation, most notably the Civil Aviation Act 1988, to facilitate the restructuring of the Civil Aviation Authority (CAA) into two distinct entities: Airservices Australia (AA) and the Civil Aviation Safety Authority (CASA). Key provisions of the Act include the transfer of staff, assets, and liabilities from the CAA to AA and CASA, as well as the establishment of CASA's functions and governance structure.
- The Act mandates the transfer of all CAA staff to either AA or CASA, depending on their roles and responsibilities, and ensures that these employees retain their previous employment terms and benefits. Assets and liabilities of the CAA are also transferred to AA and CASA, with specific provisions for the handling of statutory liens, pending legal proceedings, and ongoing applications and orders. Furthermore, the Act addresses the tax treatment of certain assets and the financial rules applicable to AA and CASA.
- CASA is established as a statutory authority with a primary focus on civil aviation safety regulation. Its functions include developing aviation safety standards, issuing certificates and licenses, conducting surveillance, and reviewing safety performance. CASA is also tasked with promoting safety education and consultation with industry stakeholders. Importantly, CASA's functions do not include aviation security responsibilities.
- The Act outlines the regulatory framework for Air Operator's Certificates (AOCs), detailing the application process, conditions for issuing AOCs, and requirements for operating aircraft. CASA has the authority to impose and vary conditions on AOCs, subject to specific limitations to ensure compliance with safety standards.
- In terms of compliance and enforcement, the Act introduces offences related to aircraft operations, with CASA having the authority to investigate and take action against violations. CASA is also granted powers in relation to aircraft accidents and incidents, subject to certain regulatory requirements.
- CASA's governance structure includes a Board responsible for preparing a corporate plan and managing the authority's finances. The Minister for Transport has the authority to provide directions to CASA regarding its strategic direction and to request specific documents and information from CASA. The Act also includes provisions for the appointment and remuneration of CASA's Director of Aviation Safety.
- The Act concludes with transitional arrangements and the repeal of certain sections of the Civil Aviation Act 1988 and other related Acts, ensuring a smooth transition from the CAA to AA and CASA. The Act also includes amendments to other legislation to reflect the new organisational structure and functions of AA and CASA.
- Area of Law
- Environmental Law
- Aviation Law
- Instrument
- Act
- Concepts
- Commencement Provisions
- Regulatory Standards
- Licensing & Registration
- Reporting & Disclosure Obligations
- Enforcement Powers
- Administrative Discretion
