Civil Aviation Amendment Regulations 2002 (No. 3) 2002 No. 180
EXPLANATORY STATEMENT
Statutory Rules 2002 No. 180
Issued by the authority of the Minister for Transport and Regional Services
Civil Aviation Act 1988
Civil Aviation Amendment Regulations 2002 (No. 3)
Subsection 98(1) of the Civil Aviation Act 1998 (the Act) provides that the Governor-General may make regulations for the purposes of the Act and in relation to the safety of air navigation.
Paragraph 98(3)(e) of the Act provides that the Governor-General may make regulations for the operation and use of air route and airway facilities.
The Civil Aviation Regulations 1988 (CAR 1988) are made under section 98 of the Act.
The Regulations omit from Civil Aviation Regulations 1988, existing regulation 261 relating to permissions for land stations to engage in the provision of Aeronautical Mobile Radio Services, which has never been utilised in regulating the aviation industry and is no longer considered necessary for the safety of air navigation, having been replaced by other more relevant legislative controls.
Regulation 261 of the Civil Aviation Regulations 1988 provides that a land station must not engage in the Aeronautical Mobile Radio Service without the permission of the Civil Aviation Safety Authority (CASA). Regulation 261 further provides that a person shall not be employed at a land station as a radio operator engaged in the Aeronautical Mobile Radio Service unless the person has such qualifications and experience relative to the duties to be performed as CASA directs and CASA approves of the person being so employed.
Regulation 261 is no longer considered necessary as no permissions or approvals have been issued under the regulation. In addition, there are other existing and proposed legislative controls that parallel and essentially negate the purpose of the regulation.
The other controls include the following:
• existing radio station licensing, frequency assignment, and radio transmitter technical performance standards and restrictions which are administered by the Australian Communications Authority (ACA) under the Radiocommunications Act 1992;
• subregulations 83(2) and (3) of CAR 1988 specify the qualifications and the certification requirements (the aircraft radio telephone operator certificate of proficiency) for aircraft and land aeronautical radio station operators;
• Airservices Australia controls the usage and frequency assignments in the aeronautical radio-frequency spectrum, under powers delegated to it by the ACA; and
• Proposed Part 171 of the Civil Aviation Regulations 1998, when promulgated, will require persons or organisations which make radio transmissions in support of air traffic services or air navigation services to hold a certificate under that Part.
The Office of Regulation Review (ORR) has advised that a Regulation Impact Statement (RIS) is not required for this change, as the proposed amendment is considered minor and machinery of government in nature and will not substantially alter existing arrangements.
The Regulations commenced on gazettal.
Overview
The Civil Aviation Amendment Regulations 2002 (No. 3) were enacted to streamline and modernise the regulatory framework governing civil aviation in Australia. The Civil Aviation Act 1988 serves as the primary legislative basis for these regulations, with the amendments introduced to address specific gaps and redundancies in the existing regulatory system. These regulations were issued under the authority of the Minister for Transport and Regional Services, aiming to ensure that the regulatory framework remains effective and relevant to current industry practices and safety standards. The policy objective was to eliminate unnecessary regulatory burdens and to align the regulatory environment with contemporary operational requirements and technological advancements in the aviation sector.
Scope and Application
The Civil Aviation Amendment Regulations 2002 (No. 3) pertain to the Civil Aviation Act 1988 and the Civil Aviation Regulations 1988, specifically targeting the regulation of Aeronautical Mobile Radio Services. These regulations apply to any entity or individual operating a land station involved in these services, ensuring they adhere to the specified safety and operational standards. The amendment removes regulation 261, which previously required permissions for land stations to engage in Aeronautical Mobile Radio Services, as it has been rendered obsolete by other existing legislative frameworks and regulatory measures. This amendment streamlines the regulatory environment by eliminating redundant controls while maintaining the overarching safety and operational standards through other legislative measures such as radio station licensing under the Radiocommunications Act 1992 and Airservices Australia's management of the aeronautical radio-frequency spectrum. The regulations commenced upon their gazette, effectively updating the legislative framework without requiring a Regulation Impact Statement due to the minor nature of the changes.
Key Provisions
The Civil Aviation Amendment Regulations 2002 (No. 3) (the Regulations) modify the Civil Aviation Regulations 1988 (CAR 1988) by omitting Regulation 261. This regulation previously governed the operation of land stations engaged in the Aeronautical Mobile Radio Service. Regulation 261 required that these stations could not operate without the permission of the Civil Aviation Safety Authority (CASA) and specified the qualifications and experience needed for radio operators (section 98(1) and (3)(e) of the Civil Aviation Act 1988).
The removal of Regulation 261 is predicated on its redundancy in the context of the current regulatory landscape. This regulation has not been used in practice and has been superseded by other legislative mechanisms. These include radio station licensing and frequency assignments managed by the Australian Communications Authority (ACA) under the Radiocommunications Act 1992, and the qualifications and certification requirements outlined in CAR 1988. Additionally, Airservices Australia controls frequency assignments in the aeronautical radio-frequency spectrum, and proposed Part 171 of the Civil Aviation Regulations 1998 will further regulate radio transmissions supporting air traffic and navigation services.
Entities previously governed by Regulation 261 must now comply with these alternative regulatory frameworks. The Civil Aviation Amendment Regulations 2002 (No. 3) therefore impose an obligation on land stations to adhere to the current licensing and certification requirements administered by ACA and Airservices Australia. Operators must ensure their personnel meet the qualifications and certification standards stipulated in CAR 1988 and comply with any forthcoming regulations under Part 171.
There are no specific offences, penalties, or civil/criminal consequences outlined in the Regulations for non-compliance with the omitted Regulation 261, as the regulation itself has been removed. However, failure to comply with the alternative regulatory requirements administered by the ACA, Airservices Australia, and any future regulations under Part 171 could result in penalties under their respective Acts. For instance, under the Radiocommunications Act 1992, penalties can include fines and other sanctions for non-compliance with licensing and technical standards.