Civil Aviation Regulations (Amendment) (Cth)

Statutory Rules 1994

No. 187 1

__________________

Civil Aviation Regulations 2(Amendment)

I, The Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Civil Aviation Act 1988.

Dated 9 June 1994.

 BILL HAYDEN

 Governor-General

By His Excellency’s Command,

LAURIE BRERETON

Minister for Transport

____________

1.   Amendment

1.1   The Civil Aviation Regulations are amended as set out in these Regulations.

[NOTE:

 These Regulations commence on gazettal: see Acts Interpretation Act 1901, s. 48.]

2.   New regulation 2B

2.1   After regulation 2A, insert:

Powers to issue directions etc.

“2B.

(1) If:

• (a)

  a provision of these Regulations refers to a prescribed act done by the Authority or an authorised person;  and

• (b)

  there is no provision of the Act or these Regulations expressly authorising the Authority or an authorised person to do the act;

the provision mentioned in paragraph (a) is taken to authorise the Authority or an authorised person, as the case may be, to do the act.

“(2)

For the purposes of this regulation, the Authority or an authorised person is taken to do a prescribed act if the Authority or authorised person issues, gives or grants a direction, instruction, notification, exemption, permission, approval or authority, or does any other act or thing.”.

3.   New regulation 5A

3.1   After regulation 5, insert:

Certain directions etc. to be disallowable instruments

“5A.

(1)  If:

• (a)

  the Authority has issued a Civil Aviation Order, whether before or after the commencement of this regulation; and

• (b)

  a prescribed direction or exemption is issued, given or granted after that commencement; and

• (c)

  the prescribed direction or exemption has the effect of repealing, amending, or otherwise affecting the operation of, anything in the Order;

the prescribed direction or exemption is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.

“(2)

In this regulation:

‘prescribed direction or exemption’ means a direction, instruction, notification, exemption, permission, approval or authority (however described or commonly called) issued, given or granted under these Regulations, but does not include anything in:

• (a)

  a Civil Aviation Order; or

• (b)

  an airworthiness directive; or

• (c)

  an instrument that is declared under any other provision of these Regulations to be a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.”.

4.   Regulation 5.38 (Further examination of holders of flight crew licence etc.)

4.1   After subregulation (1), insert:

“(1A)

A senior flying operations inspector must not set out a time under paragraph (1) (c) that will occur before the end of the 14 day period mentioned in paragraph 5.39 (2) (b).”.

5.   Regulation 5.39 (Review of decision to require further examination)

5.1   Subregulation 5.39 (3):

Omit “flying operations”.

5.2   Subregulation 5.39 (7):

Omit the subregulation, substitute:

“(7)

In this regulation:

‘regional manager’ means a person employed by the Authority as a regional manager.”.

6.   Regulation 281(Offences)

6.1   After subregulation (2), insert:

“(2A)

A person who is guilty of an offence against a regulation or subregulation because of subregulation (2) is punishable, on conviction, by a penalty not exceeding the penalty set out at the foot of the regulation or subregulation, as the case requires.”.

7.   Regulations 297A (Review of decisions)

7.1   Subregulation 297A (1) (definition of “reviewable decision”)

Add at the end:

• “;or (x)

  a decision by the Authority or an authorised person under regulation 303A to impose a condition, being a decision that is not a reviewable decision within the meaning of section 31 of the Act.”.

8.   New regulation 303A

8.1   After regulation 303, insert:

Power to impose conditions

“303A.

(1)  If:

• (a)

  the Authority or an authorised person is authorised, or taken to be authorised, under these Regulations to issue, give or grant a prescribed exemption; and

• (b)

  there is no provision of the Act or these Regulations expressly authorising the Authority or authorised person to impose conditions on the exemption;

the Authority or authorised person, as the case may be, is authorised by this regulation to issue, give or grant the exemption subject to any condition that the Authority or authorised person thinks necessary to impose in the interests of the safety of air navigation.

“(2)

A condition of a prescribed exemption imposed under this regulation has no effect unless it is set out:

• (a)

  in the exemption; or

• (b)

  in a written notice given to the holder of the exemption.

“(3)

If a person contravenes a condition of a prescribed exemption imposed under this regulation or any other provision of these Regulations, the exemption has no effect in relation to the person while the contravention continues.

“(4)

In this regulation:

‘prescribed exemption’ means an exemption, direction, instruction, notification, permission, approval or authority (however described or commonly called) that has the effect of exempting a person from complying with a provision of these Regulations, but does not include a permission or direction under regulation 134.”.

NOTES

1. Notified in the Commonwealth of Australia Gazette on 16 June 1994.

 

2. Statutory Rules 1988 No. 158 as amended by 1988 Nos. 209, 373 and 376; 1989 Nos. 31 and 276; 1990 Nos. 100, 215, 216, 258, 260, 289, 310, 331, 332 and 466; 1991 No. 54, 147, 157, 247, 287, 382, 409, 410, 426 and 487; 1992 Nos. 36, 174, 254, 258, 279, 325, 342, 380, 417 and 418; 1993 Nos. 221, 268, 319 and 368; 1994 No. 93.