Civil Aviation Amendment Act 1990
No. 25 of 1990
TABLE OF PROVISIONS
Section
1. Short title etc.
2. Commencement
3. Interpretation
4. Standards etc.
5. Insertion of new section:
11a. Immunity of Authority from certain State and Territory laws
6. Powers of Authority
7. Repeal of sections 14 and 15 and substitution of new sections:
14. Limitation on formation of companies etc.
15. Limitation on formation of partnerships etc.
8. Insertion of new section:
20a. Negligent etc. operation of aircraft
9. Dangerous goods
10. Insertion of new sections:
23a. Declarations of the contents of cargo
23b. Training relating to dangerous goods
11. Air Operators’ Certificates
12. Offences in relation to aircraft
13. Powers and functions under State and Territory laws
14. Heading to Part IV
15. Insertion of new sections:
32a. The Board
32b. Purposes of the Board
16. Constitution of the Board
17. Period of appointment of members
18. Remuneration and allowances of members
TABLE OF PROVISIONS—continued
Section
19. Insertion of new sections:
39a. Conduct of meetings
39b. Resolutions without meetings
20. Termination of appointment
21. Corporate plan
22. Corporate plan etc. to Minister
23. Insertion of new section:
48a. Board to notify Minister of significant affecting events etc.
24. Insertion of new section:
54a. Revaluation of assets
25. Exemption from tax
26. Borrowings otherwise than from Commonwealth
27. Repeal of section 61
28. Guarantee of borrowings by subsidiary of Authority
29. Delegation by Treasurer
30. Application of Division 2 of Part XI of the Audit Act
31. Charges for services and facilities
32. Protection against actions
33. Chief Executive Officer
34. Insertion of new section:
84a. Duties of Chief Executive Officer
35. Chief Executive Officer not to engage in other work
36. Repeal of section 86 and substitution of new section:
86. Remuneration and allowances of Chief Executive Officer
37. Leave of absence
38. Resignation
39. Repeal of section 89 and substitution of new section:
89. Chief Executive Officer holds office during Board’s pleasure
40. Transitional—existing appointee as Chief Executive Officer
41. Acting Chief Executive Officer
42. Repeal of section 91 and substitution of new section:
91. Staff of Authority
43. Delegation by Minister
44. Repeal of section 94 and substitution of new section:
94. Delegation by Chief Executive Officer
45. Insertion of new section:
94a. Delegation by Board
46. Insertion of new section:
97a. Conduct by directors, servants and agents
47. Regulations etc.
48. Amendments relating to penalties
49. Amendments relating to the Board
50. Amendment of the Civil Aviation Regulations
SCHEDULE 1
AMENDMENTS RELATING TO PENALTIES
SCHEDULE 2
AMENDMENTS RELATING TO THE BOARD
Civil Aviation Amendment Act 1990
No. 25 of 1990
An Act to amend the Civil Aviation Act 1988, and for related purposes
[Assented to 24 May 1990]
BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:
Short title etc.
1. (1)
Overview
The Civil Aviation Amendment Act 1990, No. 25 of 1990, was enacted to amend the Civil Aviation Act 1988, addressing various aspects of civil aviation regulation in Australia. The Act was passed by the Queen, the Senate, and the House of Representatives of the Commonwealth of Australia. It introduces changes aimed at enhancing the operational efficiency and regulatory oversight of civil aviation activities, including amendments to standards, immunity from certain state and territory laws, and the establishment of a Board to oversee the Civil Aviation Authority (Authority). The Act also modifies provisions related to the formation of companies and partnerships by the Authority, introduces penalties for reckless or negligent operation of aircraft, and updates regulations concerning the carriage of dangerous goods on aircraft. Furthermore, it makes changes to the governance structure of the Authority by establishing a Board, modifying the roles and responsibilities of the Chief Executive Officer, and altering the appointment and termination processes for Board members.
Scope and Application
The Civil Aviation Amendment Act 1990 amends the Civil Aviation Act 1988 by introducing various changes that enhance the regulatory framework for civil aviation in Australia. The Act applies to the Civil Aviation Authority (Authority), its subsidiaries, and any entity or individual involved in the operation of aircraft, air navigation services, or air transport. It extends to Commonwealth jurisdiction, impacting the regulatory authority and responsibilities within Australia. The Act provides immunity to the Authority from certain state and territory laws related to the use or environmental consequences of land or premises, unless the property, transaction, act, or thing is wholly unconnected with the Authority’s functions. The Act restricts the Authority’s involvement in forming companies or partnerships and mandates specific conditions for carrying dangerous goods on aircraft, including necessary permissions and training requirements. It also imposes stringent penalties for reckless or negligent aircraft operation and other related offences. The Act establishes a Board to oversee the Authority, defining its purposes, constitution, and operational procedures, including the ability to delegate powers and manage meetings. Additionally, the Act sets out provisions for the Chief Executive Officer’s role, remuneration, and accountability, alongside financial and operational planning requirements.
Key Provisions
- The Civil Aviation Amendment Act 1990 amends the Civil Aviation Act 1988 (the "Principal Act") in several key areas. Firstly, it introduces provisions concerning the operation of aircraft, including restrictions on the carriage of dangerous goods and the requirement for declarations of cargo contents (sections 20a, 23a, and 23b). It also modifies the standards development process to require the Australian Civil Aviation Authority (the "Authority") to consider costs when developing standards (section 4). Secondly, the Act establishes a Board to oversee the Authority's objectives, strategies, and policies, replacing the former Authority structure (sections 32a and 32b). It details the Board's composition, term of office, and the process for termination of membership (sections 16, 17, and 20). Additionally, the Act outlines the Board's duties, such as ensuring the Authority's assets are revalued and notifying the Minister of significant events (sections 54a and 48a).
- The Act imposes several obligations on the parties it governs. The Authority must adhere to specific standards when developing them and refrain from forming subsidiaries or partnerships without prior ministerial notification (sections 4, 14, and 15). Aircraft operators are required to comply with regulations regarding dangerous goods and must ensure that cargo is accompanied by a declaration of its contents (sections 23 and 23a). Furthermore, the Board must develop and submit corporate and financial plans to the Minister and notify the Minister of any events that may significantly affect the Authority's objectives or financial targets (sections 43, 44, and 48a).
- Breaches of the Act's provisions can result in both civil and criminal consequences. For instance, operating an aircraft in a reckless or negligent manner is an offence punishable by imprisonment for up to 5 years (section 12(1a)). Similarly, carrying dangerous goods without proper authorisation carries a maximum penalty of 7 years' imprisonment (section 9(2)). Other penalties include fines and imprisonment for offences related to aircraft operation, dangerous goods, and Air Operators’ Certificates (sections 29, 20a, and 23). Additionally, the Act stipulates specific penalties for various regulatory breaches, with imprisonment terms ranging from 12 months to 2 years, depending on the offence (Schedule 1).
- Area of Law
- Commercial Law
- Administrative Law
- Aviation Law
- Instrument
- Act
- Concepts
- Definitions & Interpretation
- Offence Provisions
- Civil Penalty Provisions
- Regulatory Standards
- Licensing & Registration
- Enforcement Powers
- Delegation & Subordinate Legislation
- Repeal & Amendment
