Instrument Number M5/2001
COMMONWEALTH OF AUSTRALIA
Civil Aviation Act 1988
DIRECTION PURSUANT TO SECTION 12 CONCERNING THE PERFORMANCE OF CASA’s FUNCTIONS AND THE EXERCISE OF ITS POWERS
I, JOHN DUNCAN ANDERSON, Minister of State for Transport and Regional Services, acting pursuant to subsection 12(1) of the Civil Aviation Act 1988 (the Act) HEREBY DIRECT the Civil Aviation Safety Authority (“CASA”) to include as a note on the first
page of all Civil Aviation Orders, which CASA gives or issues under the Act or
regulations made under the Act (the Regulations), the Relevant Authorising Provision.
This direction applies to all Orders that CASA gives or issues after the date of this
Direction.
In this Direction, “Relevant Authorising Provision” means the section(s) of the Act or
the provision(s) of Regulations to which the Order specifically relates. It does not mean subsections 98(4A) or 98(5) of the Act, Regulation 5 of the Civil Aviation Regulations
1988 nor any other provision of the Regulations which confers the power to issue Orders
on CASA.
Dated this 6th day of March 2001.
JOHN ANDERSON
Overview
The Civil Aviation Act 1988 was enacted to provide a comprehensive regulatory framework for civil aviation in Australia, addressing the need for a cohesive set of rules and standards to ensure the safety, efficiency, and orderly development of civil aviation within the country. The Act was developed to centralise and streamline the administration of civil aviation, previously overseen by multiple agencies, to a single authority, the Civil Aviation Safety Authority (CASA), thereby enhancing the effectiveness and consistency of regulatory oversight. This legislative instrument, M5/2001, issued by the Minister of State for Transport and Regional Services, John Duncan Anderson, aims to ensure transparency and accountability in CASA's regulatory activities by requiring that all Civil Aviation Orders issued under the Act or the Civil Aviation Regulations 1988 include a reference to the specific legal provision authorising the Order. This measure is intended to clarify the legal basis for CASA's actions and to facilitate public understanding of the regulatory framework governing civil aviation in Australia.
Scope and Application
The legislative instrument F2009B00239, specifically Direction M5/2001, issued under the Civil Aviation Act 1988, pertains to the operations of the Civil Aviation Safety Authority (CASA) in its role of exercising its functions and powers. This Direction applies to all Civil Aviation Orders issued by CASA under the Act or any regulations made under the Act, following the date of this Direction. The primary objective of this Direction is to mandate that each Civil Aviation Order includes a note on its first page detailing the Relevant Authorising Provision, which refers to the particular section(s) of the Act or provision(s) of the Regulations that the Order relates to. It is noteworthy that this does not encompass subsections 98(4A) or 98(5) of the Act, Regulation 5 of the Civil Aviation Regulations 1988, or any other provisions that confer the power to issue Orders on CASA. This Direction ensures transparency and clarity in the authorisation of CASA’s regulatory actions, aiding in the understanding of the legislative basis for each issued Order.
Key Provisions
This Direction (M5/2001) issued under section 12 of the Civil Aviation Act 1988 (the Act) mandates that the Civil Aviation Safety Authority (CASA) must include a specific note on the first page of all Civil Aviation Orders it issues. This note must detail the Relevant Authorising Provision, which refers to the specific section of the Act or regulation to which the Order pertains (s. 1). This requirement applies to all Orders issued by CASA after the date of this Direction, which is 6th March 2001. Importantly, the term “Relevant Authorising Provision” excludes certain subsections and regulations, such as subsections 98(4A) and 98(5) of the Act, and Regulation 5 of the Civil Aviation Regulations 1988, as well as any other regulations that grant CASA the power to issue Orders (s. 2).
The primary obligation imposed by this Direction is on CASA to ensure that every Civil Aviation Order they issue includes a clear note identifying the Relevant Authorising Provision. This is intended to provide transparency and clarity regarding the legal basis for each Order, making it easier for stakeholders to understand the authority under which CASA is operating (s. 1). Additionally, CASA must be diligent in applying this Direction consistently to all future Orders, thereby maintaining a uniform standard of compliance and legal reference across their regulatory documentation (s. 1).
Failure to comply with this Direction could result in various consequences. While the Direction itself does not explicitly state penalties for non-compliance, it is likely that breaches could lead to legal challenges or administrative actions under the broader framework of the Civil Aviation Act 1988 and associated regulations. CASA’s failure to adhere to ministerial directions could potentially undermine the authority and legitimacy of the Orders they issue, leading to further scrutiny or corrective actions. Furthermore, any resulting confusion or misinterpretation due to non-compliance could have broader implications for aviation safety and regulatory compliance.