Civil Aviation Amendment Act 2005

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Legislation au C2005A00086 In force Act

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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  Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.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 repeal.

original Civil Aviation Regulations means the regulations purportedly made, before the commencement of this Schedule, by Statutory Rules 1988, No. 158, as the Civil Aviation Regulations 1988.

original Civil Aviation Safety Regulations means the regulations purportedly made, before the commencement of this Schedule, by Statutory Rules 1998, No. 237, as the Civil Aviation Regulations 1998.

Note: The Civil Aviation Regulations 1998 were renamed as the Civil Aviation Safety Regulations 1998 by the Civil Aviation Amendment Regulations 2002 (No 11).

5  Effect of the Civil Aviation Regulations and the Civil Aviation Safety Regulations before the commencement of this Schedule

(1) Subject to subitem (3), the rights and liabilities of all persons are, by force of this item, declared to be, and always to have been, the same as if:

 (a) the amendment made by item 1 of this Schedule had been in force during the period:

 (i) starting immediately before the time when the original Civil Aviation Regulations purported to commence; and

 (ii) ending on the commencement of this Schedule; and

 (b) regulations had been in force during that period that were in the same terms as the original Civil Aviation Regulations, as purportedly amended from time to time during that period.

(2) Subject to subitem (3), the rights and liabilities of all persons are, by force of this item, declared to be, and always to have been, the same as if:

 (a) the amendment made by item 1 of this Schedule had been in force during the period:

 (i) starting immediately before the time when the original Civil Aviation Safety Regulations purported to commence; and

 (ii) ending on the commencement of this Schedule; and

 (b) regulations had been in force during that period that were in the same terms as the original Civil Aviation Safety Regulations, as purportedly amended from time to time during that period.

(3) This item does not affect the rights and liabilities arising between parties to a proceeding heard and finally determined by a court before the commencement of this Schedule, to the extent that those rights and liabilities arose from, or were affected by:

 (a) the original Civil Aviation Regulations (as purportedly amended as mentioned in paragraph (1)(b)); or

 (b) the original Civil Aviation Safety Regulations (as purportedly amended as mentioned in paragraph (2)(b)).

6  Effect of the Civil Aviation Regulations and the Civil Aviation Safety Regulations on and after the commencement of this Schedule

(1) The original Civil Aviation Regulations, as purportedly amended up to the commencement of this Schedule, have effect on and after the commencement of this Schedule as if the amendment made by item 1 of this Schedule had been in force during the period:

 (a) starting immediately before the time when the original Civil Aviation Regulations purported to commence; and

 (b) ending on the commencement of this Schedule.

(2) The original Civil Aviation Safety Regulations, as purportedly amended up to the commencement of this Schedule, have effect on and after the commencement of this Schedule as if the amendment made by item 1 of this Schedule had been in force during the period:

 (a) starting immediately before the time when the original Civil Aviation Safety Regulations purported to commence; and

 (b) ending on the commencement of this Schedule.

(3) Regulations under section 98 of the Civil Aviation Act 1988 may deal with matters of a transitional, application or saving nature relating to the fact that the original Civil Aviation Regulations (as purportedly amended as mentioned in subitem (1)), and the original Civil Aviation Safety Regulations (as purportedly amended as mentioned in subitem (2)) are taken to have effect as provided in subitems (1) and (2).


Schedule 2—Other amendments

Part 1—References to foreign aircraft

Civil Aviation Act 1988

1  Paragraph 7(a)

Omit “foreign aircraft”, substitute “foreign registered aircraft”.

2  Paragraph 7(aa)

Omit “foreign aircraft”, substitute “foreign registered aircraft”.

3  Subsection 9(4)

Omit “foreign aircraft”, substitute “foreign registered aircraft”.

4  Subsection 25(1)

Omit “an aircraft”, substitute “a foreign registered aircraft”.

5  Subsection 25(2)

Omit “an aircraft”, substitute “a foreign registered aircraft”.

6  Subsection 25(3)

Omit “foreign aircraft”, substitute “foreign registered aircraft”.

Note: The heading to section 25 is altered by omitting “foreign aircraft” and substituting “foreign registered aircraft”.

7  Subdivision C of Division 2 of Part III (heading)

Repeal the heading, substitute:

Subdivision C—Operation of a foreign registered aircraft without AOC


Part 2—Ongoing licence conditions

Civil Aviation Act 1988

8  After paragraph 28BA(1)(a)

Insert:

 (aa) the condition subject to which the AOC has effect because of section 28BAA;

9  Subsection 28BA(2)

After “paragraph (1)(a)”, insert “or (aa)”.

10  After section 28BA

Insert:

28BAA  Certain conditions for grant of AOC also have effect as ongoing conditions on the AOC

  An AOC has effect subject to the condition that CASA remains satisfied as mentioned in paragraphs 28(1)(a) and (b) in relation to the operations that are covered by the AOC.

 

 

 

[Minister’s second reading speech made in—

House of Representatives on 16 March 2005

Senate on 14 June 2005]

(50/05)

 

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.

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Area of Law
Administrative Law
Civil Aviation Law
Instrument
Act
Concepts
Commencement Provisions
Repeal & Amendment
Transitional Provisions
Regulatory Standards
Licensing & Registration
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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.