Civil Aviation Regulations (Amendment) (Cth)
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I, The Governor-General of the Commonwealth of Australia, acting with the advice of the
Federal Executive Council, make the following Regulations under the
Dated 28 October 1993.
BILL HAYDEN
Governor-General
By His Excellency’s Command,
BOB COLLINS
Minister for Transport and Communications
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1.1 The Civil Aviation Regulations are amended as set out in these Regulations.
These
Regulations commence on gazettal: see
2.1 After regulation 310, insert in Part XVIII:
“310a. (1) The Authority may, at any time before 1 July 1994, determine a safety audit program in relation to an operator.
The Authority must not determine more than 1 safety audit program in relation to the same operator.
A safety audit program in relation to an operator is a program of inspections and tests that are reasonable and necessary to enable the Authority to assess the manner in which:
(a) the operator is carrying out or conducting all or any of the activities covered by the operator’s Air Operator’s Certificate or by any of the operator’s certificates of approval; and
(b) the operator is complying with any conditions of the Air Operator’s Certificate or of a certificate of approval; and
(c) any of the operator’s officers or employees who is an authorised person or a delegate of the Authority is carrying out his or her functions as such an authorised person or delegate, as the case may be.
Without limiting subregulation (3), a safety audit program in relation to an operator may include all or any of the following:
(a) inspecting an aircraft or aircraft component;
(b) inspecting a process or system used by the operator in connection with any of the activities covered by the Air Operator’s Certificate or all or any of the operator’s certificates of approval;
(c) inspecting any records or other documents relating to those activities;
(d) testing an aircraft or aircraft component, or a process or system mentioned in paragraph (b).
If the Authority determines a safety audit program in relation to an operator, it must:
(a) give the operator a written notice setting out the details of the program; and
(b) take all reasonable steps to ensure that the program is carried out in accordance with these Regulations.
In this regulation:
(a) an Air Operator’s Certificate authorising the person to operate Australian aircraft outside Australian territory; and
(b) one or more certificates of approval that either alone or together cover maintenance of aircraft and aircraft components.
“310b. (1) Subject to this regulation, a safety audit program determined under regulation 310a must be carried out by an authorised person.
An authorised person must not carry out a safety audit program, or any part of a safety audit program, after 30 June 1994.
Subject to any aviation security requirements, an authorised person is entitled to have access at all reasonable times to any place or thing if that access is necessary for the purpose of carrying out a safety audit program.
The person in relation to whom a safety audit program is being carried out must take all reasonable and necessary steps to ensure that the authorised person carrying out the program:
(a) is given the access to any place or thing to which he or she is entitled under this regulation; and
(b) is given the information, help and facilities he or she reasonably requires in order to carry out the program in accordance with these Regulations.
25 penalty units.
A person must not prevent or hinder access by an authorised person to any place or thing to which the person is entitled to have access under this regulation.
25 penalty units.
If an authorised person asks for, or has been given, access to a place or thing under this regulation, the person must produce his or her identity card for inspection if asked to do so by the occupier or person in charge, or apparently in charge, of the place or thing.
An authorised person who does not produce his or her identity card when asked to do so under subregulation (6) is not entitled to have access, or to continue to have access, to the place or thing.
The Authority must not appoint a person to be an authorised person for the purposes of this regulation unless the person is an officer.
For the purposes of paragraph (b) of the definition of ‘charge’ in subsection 66 (1) of the Act, the carrying out of a safety audit program, or any part of a safety audit program, under this regulation is specified as a matter in relation to which expenses are incurred by the Authority.”.
1. Notified in the
Commonwealth of Australia Gazette on 29 October 1993.2. Statutory Rules 1988 No. 158 as amended by Statutory Rules 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 No. 221.
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