Civil Aviation Amendment Regulations 2004 (No. 2) 2004 No. 216
EXPLANATORY STATEMENT
Statutory Rules 2004 No. 216
Issued under the authority of the Minister for Transport and Regional Services
Civil Aviation Act 1988
Civil Aviation Amendment Regulations 2004 (No. 2)
Subsection 98(1) of the Civil Aviation Act 1988 (the Act) provides, in part, that the Governor-General may make regulations, not inconsistent with the Act, prescribing matters required or permitted by the Act to be prescribed or necessary or convenient to be prescribed for carrying out or giving effect to the Act, and regulations in relation to safety of air navigation, being regulations with respect to matters with respect to which the Parliament has power to make laws.
The Regulations amend the Civil Aviation Regulations 1988 (CAR) and the Civil Aviation Safety Regulations 1998 (CASR) to provide for a change of name by a body, which administers certain sports aviation activities in Australia.
The Australian Ultralight Federation Inc. (AUF) is a body incorporated under the Associations Incorporation Act 1991 of the Australian Capital Territory. It has, for many years, administered rules for operating and maintaining certain small aeroplanes commonly known as 'ultralights', under arrangements with the Civil Aviation Safety Authority (CASA). In order, to do so, a number of regulations in CAR and CASR made reference to the AUF, and aeroplanes operated and maintained in accordance with the rules of the AUF were exempt from a number of provisions of CAR and CASR through the operation of Civil Aviation Orders (CAOs).
Recently, the membership of the AUF voted to change the organisation's name to Recreational Aviation Australia Inc. (RAA), which name change occurred on 28 April 2004. Although the change of name did not result in a change of legal entity there was some doubt about the legal effect of the name change on the exemptions currently given to the AUF. To avoid this doubt, it was decided to amend the references to the "AUF" (whether its full name or its acronym) in the CAR, the CASR and the CAOs to the "RAA".
The Regulations, therefore, amend the CAR and the CASR to change the references to the AUF to the RAA. The relevant CAOs will be amended separately by an amending CAO to be made by the Director of CASA. It is planned that both the Regulations and the CAO amendments will be gazetted, and therefore commence, at the same time.
The Office of Regulation Review (ORR) has assessed that the regulations have only a minor impact on business and that the preparation of a Regulation Impact Statement (RIS) is not mandatory.
The Regulations commenced on the date of their notification in the Gazette.
Details of the Regulations are attached.
ATTACHMENT
Civil Aviation Amendment Regulations 2004 (No. 2)
DETAILS OF THE REGULATIONS
Regulation 1 - Name of Regulations
Regulation 1 names the amending Regulations as the Civil Aviation Amendment Regulations 2004 (No. 2).
Regulation 2 - Commencement
Regulation 2 provides that the Regulations commenced on the date of their notification in the Gazette.
Regulation 3 - Amendment of Civil Aviation Regulations 1988
Regulation 3 provides that Schedule 1 amends the Civil Aviation Regulations 1988.
Regulation 4 - Amendment of Civil Aviation Safety Regulations 1998
Regulation 4 provides that Schedule 2 amends the Civil Aviation Safety Regulations 1998.
Schedule 1 Amendments of Civil Aviation Regulations 1988 (regulation 3)
Items 1, 2, 3, and 4 - replacement of 'Australian Ultralight Federation Ltd' by 'Recreational Aviation Australia Inc.'
These items replace the reference to 'Australian Ultralight Federation Ltd' in subregulation 2 (1) (Interpretation) where used, to read 'Recreational Aviation Australia Inc.' to reflect the name change.
Schedule 2 Amendments of Civil Aviation Safety Regulations 1998 (regulation 4)
Item 1 - Subregulation 200.002 (3), definition of AUF
Item 1 replaces the reference/definition of 'AUF - Australian Ultralight Federation Ltd' to read 'RAA - means Recreational Aviation Australia Inc.' to reflect the name change.
Item 2 - Subregulation 200.002 (3), definition of AUF Technical Manual
Item 2 replaces the reference to the AUF Technical Manual to read RAA Technical Manual to reflect the name change.
Item 3 - Subregulation 200.013 (3), definition of AUF
Item 3 omits the reference to the AUF as this term is now redundant since the name change.
Item 4 - Subregulation 200.013 (3), after definition of powered parachute
Item 4 inserts in alphabetical order the definition for RAA - Recreational Aviation Australia Inc. to reflect the name change.
Item 5 - Further amendments - RAA
Item 5 amends various provisions by omitting all instances of 'AUF' and inserting the new name 'RAA'.