Civil Aviation Amendment Regulations 2002 (No. 9) 2002 No. 321
EXPLANATORY STATEMENT
Statutory Rules 2002 No. 321
Issued by the authority of the Minister for Transport and Regional Services
Civil Aviation Act 1988
Civil Aviation Amendment Regulations 2002 (No. 9)
Section 98 of the Civil Aviation Act 1988 (the Act) provides that the Governor-General may make regulations for the purposes of the Act including in relation to the safety of air navigation.
The Regulations subdivide Part 202 of the Civil Aviation Regulations 1998 (the principal Regulations) into discrete sub parts to provide transitional and savings provisions for the new parts of the principal Regulations as they are made and incorporated into the principal Regulations. The amendments are technical drafting amendments and do not impose any new, or alter existing, regulatory requirements.
There are currently 2 sets of aviation safety regulations made under section 98 of the Act: the Civil Aviation Regulations 1988 (the 1988 Regulations) and the principal Regulations. As part of an extensive review of the aviation safety regulatory requirements in Australia, the 1988 Regulations are gradually being replaced by the principal Regulations. However, both sets of regulations will continue to operate concurrently over the next several years until the 1988 regulations have been completely replaced by the principal Regulations.
The first Parts of the principal Regulations commenced in October 1998 with the making of Part 21 and Parts 22 to 35 relating to aircraft and aeronautical products certification requirements and airworthiness standards. Part 202, entitled Transitional, commenced at the same time as Part 21 and Parts 21 to 35 and provided for the necessary transitional provisions resulting from the commencement of Parts 21 to 35.
The Office of Regulation Review (ORR) advises that the preparation of a Regulation Impact Statement is not mandatory for the amendment because it is considered to be minor and machinery of government in nature that will not substantially alter existing arrangements.
Details of the amending Regulations are set out in the Attachment.
The Regulations commenced on gazettal.
ATTACHMENT
Civil Aviation Amendment Regulations 2002 (No. 9)
DETAILS OF THE AMENDING REGULATIONS
REGULATION 1 - Name of Regulations
Regulation 1 names the amending regulations as the Civil Aviation Amendment Regulations 2002 (No. 9).
REGULATION 2 - Commencement
Regulation 2 provides that the Regulations commence on gazettal.
REGULATION 3 - Amendment
Regulation 3 provides that Schedule 1 amends the Civil Aviation Regulations 1998.
Schedule 1 - Amendments
ITEM 1 - Before regulation 202.0
Item 1 inserts a new heading for Subpart 202.AA, entitled 'Preliminary'.
ITEM 2 - Regulation 202.0
Item 2 inserts a new regulation 202.000 entitled 'Make-up of this Part', which will contain the index of Subparts and regulations in Part 202. Note the index of Subparts will be subsequently amended to incorporate the associated Subpart reference as each new Part is made.
ITEM 3 - Before regulation 202.1
Item 3 inserts new Subparts, new headings and reserves regulations for transitional provisions covering Part 1, Part 11, Part 13 and Part 21.
ITEM 4 - Regulation 202.1
Item 4 renumbers existing regulation 202.1, which relates to the transitional arrangements for certificates of type approval, as regulation 202.050.
ITEM 5 - Regulation 202.2
Item 5 renumbers existing regulation 202.2, which relates to the transitional arrangements for certificates of airworthiness, as regulation 202.051.
ITEM 6 - Regulation 202.3
Item 6 renumbers existing regulation 202.3, which relates to the transitional arrangements for an export certificate of airworthiness, as regulation 202.052.
ITEM 7 - Before regulation 202.4
Item 7 inserts new Subparts, new headings and reserves regulations for transitional provisions covering Part 22, Part 23, Part 25, Part 26, Part 27, Part 29, Part 31, Part 32, Part 33, Part 35 and Part 39. Note Subpart 202.AM is currently untitled and is reserved in anticipation of a new Part 24 title, which is currently under consideration by CASA.
ITEM 8 - Regulation 202.4
Item 8 renumbers existing regulation 202.4, which relates to the transitional arrangements for airworthiness directives, as regulation 202.170.
ITEM 9 - Regulation 202.5
Item 9 renumbers existing regulation 202.5, which relates to the transitional arrangements for applications for exemptions from, or variations of, requirements of airworthiness directives, as regulation 202.171.
ITEM 10 - Regulation 202.6
Item 10 renumbers existing regulation 202.6, which relates to the transitional arrangements for an exemption from the requirements of airworthiness directives, as regulation 202.172.
ITEM 11 - After regulation 202.6
Item 11 inserts new Subparts, new headings and reserves regulations for transitional provisions covering Part 43, Part 45, Part 47, Part 60, Part 61, Part 63, Part 64, Part 65, Part 66, Part 67, Part 71, Part 90, Part 91, Part 92, Part 101, Part 103, Part 105, Part 115, Part 119, Part 121A, Part 121B, Part 129, Part 133, Part 136, Part 137, Part 138, Part 139, Part 141, Part 142, Part 143, Part 144, Part 145, Part 146, Part 147, Part 149, Part 171, Part 172, Part 173, Part 174, Part 183, Part 200, and Part 201.
ITEM 12 - Dictionary, Part 1, definition of CAR 1988 airworthiness directive, paragraph (b)
Item 12 amends paragraph (b) of the definition of an airworthiness directive to reflect that the transitional arrangement are now identified in regulation 202.170.