Civil Aviation Amendment Regulations 2002 (No. 7) 2002 No. 319
EXPLANATORY STATEMENT
Statutory Rules 2002 No. 319
Issued by the authority of the Minister for Transport and Regional Services
Civil Aviation Act 1988
Civil Aviation Amendment Regulations 2002 (No. 7)
Section 98 of the Civil Aviation Act 1988 (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.
Regulation 5.38 of the Civil Aviation Regulations 1988 (CAR 1988) empowers a person employed by the Civil Aviation Safety Authority (CASA) as a senior flying operations inspector to give notice to the holder of a flight crew licence, a special pilot licence, a certificate of validation, a flight crew rating or an aircraft endorsement, requiring the holder to undertake an examination to demonstrate that he or she continues to posses the appropriate aeronautical skills and knowledge. Under regulation 5.39 of the CAR 1988, a decision by a senior flying operations inspector to issue such a notice is reviewable by a person employed by CASA as a regional manager. As a result of restructuring in CASA, the positions of senior flying operations inspector and regional manager have been abolished.
The Regulations remove references to specific positions in CASA appearing in the CAR 1988 so that the power to require the holder of the licence, certificate, rating or endorsement to undertake an examination would simply be exercised by CASA. That power would then be delegated to appropriate CASA staff. A decision by CASA to require an examination would be subject to review by the Administrative Appeals Tribunal.
As the amendments are of a minor or machinery nature and do not substantially alter the existing regulatory arrangements, the Office of Regulation Review has confirmed that preparation of a Regulation Impact Statement is not required.
Details of the amending Regulations are set out in the Attachment.
The Regulations commenced on gazettal.
ATTACHMENT
Civil Aviation Amendment Regulations 2002 (No. 7)
DETAILS OF THE AMENDING REGULATIONS
Regulation 1 - Name of Regulations
Regulation 1 names the amending Regulations as the Civil Aviation Amendment Regulations 2002 (No. 7).
Regulation 2 - Commencement
Regulation 2 provides that the amending Regulations commence on gazettal.
Regulation 3 - Amendment of the Civil Aviation Regulations 1988
Regulation 3 provides that Schedule 1 amends the Civil Aviation Regulations 1988.
Schedule 1 - Amendments
Item 1 - Subregulation 5.38 (1)
Item 1 omits the reference to "senior flying operations inspector" and substitutes a reference to CASA. As a result of recent restructures in CASA the position of "senior flying operations inspector" no longer exists. The amendment will substitute a reference to CASA. This will enable the powers under regulation 5.38 to be delegated to appropriate CASA staff in accordance with regulation 6 of the CAR 1988.
Item 2 - Subregulation 5.38 (1)
The amendment made by item 2 is consequential on the amendment in item 1. It replaces the reference to "inspector" with a reference to CASA.
Item 3 - Paragraph 5.38 (1) (b)
The amendment made by item 3 is consequential on the amendment in item 1. It replaces the reference to "inspector" with a reference to CASA.
Item 4 - Subregulation 5.38 (1), at the foot
Item 4 includes a note at the foot of the subregulation 5.38 (1) to advise readers that a decision under regulation 5.38 is subject to review in the Administrative Appeals Tribunal. Item 14 provides the actual legal basis for the review.
Item 5 - Subregulation 5.38 (1A)
The amendment made by item 5 is consequential on the amendment in item 1. The reference to the "senior flying operations inspector" is replaced with a reference to CASA.
Item 6 - Subregulation 5.38 (1A)
The amendment made by item 6 is consequential on the repeal of regulation 5.39 made by Item 10. Under regulation 5.39 a person could request an internal review of a decision under regulation 5.38 requiring a person to undertake an examination. The review was to be conducted by a CASA "regional manager". The request for the review was required to be made within 14 days of the requirement to undertake an examination. Accordingly, under regulation 5.38 the time set for an examination could not be set before the end of the 14 day appeal period.
Item 10 will repeal regulation 5.39 and the decision requiring an examination will be subject to review by the Administrative Appeals Tribunal.
The reference to the 14 day appeal period in regulation 5.39 will have no meaning once regulation 5.39 is repealed.
However, it is proposed that the time set for an examination will not be less than 21 days after the person is notified of the examination requirement. Item 6 makes the necessary amendment to subregulation 5.38 (1A).
Item 7 - Paragraph 5.38 (2) (b)
The amendment made by item 7 is consequential on the repeal of regulation 5.39 made by item 10.
Item 8 - Subregulation 5.38 (2)
The amendment made by item 8 is consequential on the repeal of regulation 5.39 made by item 10.
Item 9 - Subregulation 5.38 (3)
The amendment made by item 9 is consequential on the amendment in item 1. It omits the definition of "senior flying operations inspector" as the position no longer exists in CASA.
Item 10 - Regulation 5.39
Item 10 repeals regulation 5.39. That regulation provided for an internal review of a decision under regulation 5.38 to require a person to undertake an examination. The review was to be conducted by a CASA "regional manager". There is no longer such a position in CASA. However, it will now be possible to request an independent external review of a decision under regulation 5.38. Under Item 14 the Administrative Appeals Tribunal will be given jurisdiction to review such a decision.
Item 11 - Paragraph 265 (1) (a)
The amendment made by Item 11 is consequential on the amendment in Item 1. It adds a reference to regulation 5.38, which relates to CASA's power to require the holder of a licence to undergo an examination.
Item 12 - Paragraph 265 (1) (b)
The amendment made by Item 12 is consequential on the amendment in Item 1. It omits paragraph 265 (1) (b) as that paragraph refers to a "senior flying operations inspector".
Item 13 - Subregulation 265 (4)
Item 13 is consequential on the amendment in Item 1. It omits the definition of "senior flying operations inspector" as that position no longer exists.
Item 14 - Subregulation 297A (1) definition of reviewable decision, after paragraph (n)
Item 14 amends subregulation 297A(1) to give the Administrative Appeals Tribunal jurisdiction to hear appeals against decisions made under regulation 5.38 requiring a person to undertake an examination.