Civil Aviation Amendment Act 2005
No. 86, 2005
An Act to amend the Civil Aviation Act 1988, and for related purposes
Contents
1 Short title
2 Commencement
3 Schedule(s)
Schedule 1—Relationship between certain anti‑discrimination legislation and regulations under the Civil Aviation Act 1988
Part 1—Amendments
Civil Aviation Act 1988
Disability Discrimination Act 1992
Sex Discrimination Act 1984
Part 2—Provisions dealing with the effect of the Civil Aviation Regulations 1988 and the Civil Aviation Safety Regulations 1998
Schedule 2—Other amendments
Part 1—References to foreign aircraft
Civil Aviation Act 1988
Part 2—Ongoing licence conditions
Civil Aviation Act 1988
Civil Aviation Amendment Act 2005
No. 86, 2005
An Act to amend the Civil Aviation Act 1988, and for related purposes
[Assented to 6 July 2005]
The Parliament of Australia enacts:
1 Short title
This Act may be cited as the Civil Aviation Amendment Act 2005.
2 Commencement
This Act commences on the day on which it receives the Royal Assent.
3 Schedule(s)
Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
Schedule 1—Relationship between certain anti‑discrimination legislation and regulations under the Civil Aviation Act 1988
Part 1—Amendments
Civil Aviation Act 1988
1 After subsection 98(6)
Insert:
(6A) The regulations may contain provisions relating to medical standards that are inconsistent with the Sex Discrimination Act 1984 if the inconsistency is necessary for the safety of air navigation.
Note: See also Part 2 of Schedule 1 to the Civil Aviation Amendment Act 2005.
(6B) The regulations may contain provisions that are inconsistent with the Disability Discrimination Act 1992 if the inconsistency is necessary for the safety of air navigation.
Note: See also Part 2 of Schedule 1 to the Civil Aviation Amendment Act 2005.
(6C) CASA must consult the Human Rights and Equal Opportunity Commission about any proposal that regulations be made containing provisions that are inconsistent as mentioned in subsection (6A) or (6B). However, a failure to consult the Commission does not affect the validity of any regulations so made.
Disability Discrimination Act 1992
2 At the end of section 47
Add:
Note: See also subsection 98(6B) of the Civil Aviation Act 1988, which allows regulations made under that Act to contain provisions that are inconsistent with this Act if the inconsistency is necessary for the safety of air navigation.
Sex Discrimination Act 1984
3 At the end of section 40
Add:
Note: See also subsection 98(6A) of the Civil Aviation Act 1988, which allows regulations made under that Act to contain provisions relating to medical standards that are inconsistent with this Act if the inconsistency is necessary for the safety of air navigation.
Part 2—Provisions dealing with the effect of the Civil Aviation Regulations 1988 and the Civil Aviation Safety Regulations 1998
4 Definitions
In this Part:
amend includes…
Overview
The Civil Aviation Amendment Act 2005, enacted by the Parliament of Australia, serves to amend the Civil Aviation Act 1988 to address specific issues related to safety and discrimination. The Act aims to ensure that the safety requirements of air navigation can take precedence over certain anti-discrimination laws, while also clarifying the terminology regarding foreign aircraft and modifying the ongoing conditions for the operation of aircraft. The overarching policy objective is to maintain high safety standards in civil aviation while ensuring that any necessary deviations from anti-discrimination laws are legally permissible and justified. The Act allows for the creation of regulations that may, in specific circumstances, conflict with the Disability Discrimination Act 1992 and the Sex Discrimination Act 1984, provided such inconsistencies are essential for the safety of air navigation.
Furthermore, the Act refines the terminology used in the Civil Aviation Act 1988 by replacing references to "foreign aircraft" with "foreign registered aircraft," thereby clarifying the scope of regulations and operations concerning aircraft not registered in Australia. Additionally, the Act introduces ongoing conditions for Air Operator Certificates (AOCs) to ensure continued compliance with safety and operational standards. The amendments are designed to seamlessly integrate into existing legal frameworks, ensuring that rights and liabilities are preserved, and any transitional issues are adequately addressed.
Scope and Application
The Civil Aviation Amendment Act 2005 amends the Civil Aviation Act 1988 to address the interaction between civil aviation regulations and anti-discrimination laws, specifically the Disability Discrimination Act 1992 and the Sex Discrimination Act 1984. This legislation applies to the Civil Aviation Regulations 1988 and the Civil Aviation Safety Regulations 1998, allowing for the creation of regulations that may contain provisions inconsistent with these anti-discrimination laws if deemed necessary for the safety of air navigation. This Act applies to any person or entity involved in civil aviation activities within Australia, including airlines, pilots, air traffic controllers, and aviation regulatory bodies such as the Civil Aviation Safety Authority (CASA). The Act's jurisdictional reach is limited to Commonwealth matters, impacting both domestic and international aviation activities conducted within Australia. Notably, the Act does not affect the rights and liabilities arising from court proceedings determined before its commencement. Additionally, the Act extends its application through subordinate instruments, allowing for the creation of specific regulations that balance safety requirements with anti-discrimination principles.
Key Provisions
- The Civil Aviation Amendment Act 2005 (C2005A00086) introduces several key amendments to the Civil Aviation Act 1988. Firstly, it allows the regulations under the Civil Aviation Act 1988 to include provisions inconsistent with the Sex Discrimination Act 1984 and the Disability Discrimination Act 1992 if such inconsistency is necessary for the safety of air navigation (subsection 98(6A) and (6B)). The Civil Aviation Amendment Act 2005 also mandates that the Civil Aviation and Safety Authority (CASA) consult with the Human Rights and Equal Opportunity Commission before making such inconsistent regulations, although failure to consult does not invalidate the regulations (subsection 98(6C)).
- In terms of obligations, CASA is required to consult with the Human Rights and Equal Opportunity Commission before making any regulations that are inconsistent with the Sex Discrimination Act 1984 or the Disability Discrimination Act 1992, as long as such inconsistencies are necessary for air navigation safety. Furthermore, the Act maintains the rights and liabilities of all persons as if certain amendments had been in force before the commencement of the Act, ensuring continuity in legal obligations and rights (items 5 and 6 of Schedule 1).
- The Act also includes provisions that address the ongoing licence conditions for Air Operator Certificates (AOC). Specifically, it stipulates that an AOC is subject to certain ongoing conditions, including the requirement that CASA remains satisfied with the operations covered by the AOC (subsection 28BAA). The Act also updates references to "foreign aircraft" to "foreign registered aircraft" in various sections of the Civil Aviation Act 1988, ensuring clarity and consistency in terminology (Schedule 2, Part 1).
- Breaches of the Civil Aviation Act 1988 can result in various civil or criminal penalties, depending on the nature and severity of the offence. While the Civil Aviation Amendment Act 2005 itself does not specify penalties, the Civil Aviation Act 1988 provides for significant fines and imprisonment for serious violations, with penalties varying according to the specific provision breached. For instance, operating an aircraft without an AOC can result in substantial fines and imprisonment.
- Area of Law
- Administrative Law
- Civil Aviation Law
- Instrument
- Act
- Concepts
- Commencement Provisions
- Repeal & Amendment
- Transitional Provisions
- Regulatory Standards
- Licensing & Registration
- Prohibited Conduct
