Civil Aviation Legislation Amendment (Transitional Provisions) Regulations

Civil Aviation Legislation Amendment (Transitional Provisions) Regulations

Statutory Rules 1995 No. 226 as amended

made under the

Civil Aviation Legislation Amendment Act 1995

This compilation was prepared on 10 January 2001
taking into account amendments up to SR 1995 No. 227

Prepared by the Office of Legislative Drafting,
Attorney-General’s Department, Canberra

Contents

Page

Part 1 Preliminary

 1 Citation [see Note 1] 

 2 Commencement 

 3 Interpretation 

 4 Saving of Civil Aviation Act instruments 

 5 The Aircraft Register 

 6 CAA publications 

 7 Procedures in progress on abolition of the CAA 

 8 Continuance of AIPs and NOTAMs published by CAA 

 9 CAA Staff Superannuation Fund 

 10 CAA Board resolutions 

 11 Lands Acquisition Act 

 12 Chief Executive Officer of AA 

 13 Signature of statutory documents 

 14 Seaview Commission of Inquiry 

Schedule Signature of statutory documents 

Notes 

Part 1 Preliminary

1 Citation [see Note 1]

  These Regulations may be cited as the Civil Aviation Legislation Amendment (Transitional Provisions) Regulations.

2 Commencement

  These Regulations commence on the date of commencement of section 22 of the Act.

3 Interpretation

 (1) In these Regulations, unless the contrary intention appears:

Act means the Civil Aviation Legislation Amendment 1995.

member, in relation to the Superannuation Fund, means a member within the meaning of the Trust Deed.

Seaview Commission of Inquiry means the Commission of Inquiry into the Relations between the CAA and Seaview Air established by Letters Patent dated 29 December 1994 issued by the Governor-General, as amended by Letters Patent dated 1 February 1995 and 30 May 1995.

Secretary means the Secretary of the Department.

Superannuation Fund means the superannuation scheme that, immediately before the commencing day, was known as the CAA Staff Superannuation Fund.

Trust Deed means the trust deed dated 17 July 1990 that established the Superannuation Fund, being that deed as in force on the date of commencement of the Act.

 (2) In these Regulations, unless the contrary intention appears, a term or expression that is defined for the purposes of:

 (a) Part 3 of the Act; or

 (b) a provision of that Part; or

 (c) the Civil Aviation Act; or

 (d) a provision of that Act; is taken to have the meaning given to it by that definition.

 (3) In column 3 of an item in the Schedule, a reference to an office or position is a reference to that office or position in AA.

4 Saving of Civil Aviation Act instruments

 (1) This regulation applies to an instrument that:

 (a) was made, before the commencing time, under:

 (i) the Civil Aviation Act; or

 (ii) an instrument made under that Act; and

 (b) was in force immediately before the commencing time; and

 (c) was made under a power or duty corresponding to a power or duty, under that Act as in force on the commencing time, of:

 (i) CASA; or

 (ii) the Board of CASA; or

 (iii) the Director of CASA; and

 (d) is not an instrument of a kind specified in subregulation (2).

 (2) For the purposes of paragraph (1) (d), the following kinds of instrument are specified:

 (a) instruments that, by operation of the Act, continue to have effect;

 (b) Regulations made under the Civil Aviation Act;

 (c) Civil Aviation Orders made under that Act;

 (d) Air Operator’s Certificates issued under that Act;

 (e) permissions given under Part III of that Act;

 (f) instruments to which regulation 8 applies.

 (3) If an instrument to which this regulation applies is repealed, revoked or suspended, this regulation ceases to apply to the instrument:

 (a) in the case of repeal or revocation — on and from the date of repeal or revocation; or

 (b) in the case of suspension — during the period of suspension.

 (4) Subject to subregulation (5), an instrument to which this regulation applies continues in force as if it had been made:

 (a) if subparagraph (1) (c) (i) applies — by CASA;

 (b) if subparagraph (1) (c) (ii) applies — by the Board of CASA; or

 (c) if subparagraph (1) (c) (iii) applies — by the Director of CASA and may be amended, suspended, repealed or revoked by the person or body by whom it is taken, under this subregulation, to have been made.

 (5) Subregulation (4) does not apply so as to:

 (a) revive, before the end of the period of suspension, an instrument that, at the commencing time, was in suspension; or

 (b) permit the suspension of an instrument that was not, before the commencing time, capable of being suspended.

5 The Aircraft Register

  The Aircraft Register kept by CAA under regulation 8 of the Civil Aviation Regulations, being that register as in existence immediately before the commencing time, is taken to be part of the Aircraft Register established and kept by CASA under that regulation.

6 CAA publications

  Where:

 (a) a document was published by the CAA under the Civil Aviation Act or the Civil Aviation Regulations in accordance with a power, function or duty of the CAA; and

 (b) the document had not been revoked or withdrawn before the commencing time; and

 (c) the CASA has a corresponding power, function or duty under the Act;

  the document is taken to have been published by CASA under that corresponding power, function or duty.

Note   An example is the Aircraft Welding Examinations, referred to in regulation 29A of the Civil Aviation Regulations.

7 Procedures in progress on abolition of the CAA

 (1) This regulation applies to any procedure (including, in particular, any application, examination, investigation or review) that:

 (a) was made or commenced under the Civil Aviation Act or under an instrument made under that Act, before the commencing time; and

 (b) had not been completed by that time; and

 (c) apart from this regulation, could not be carried on or completed, or conveniently carried on or completed, because of the abolition of CAA or the amendment or repeal by the Act of any provisions of the Civil Aviation Act relating to the procedure.

 (2) A procedure to which this regulation applies may be carried on or completed by CASA as nearly as practicable as if :

 (a) the provisions mentioned in paragraph (1) (c) had not been amended or repealed by the Act; and

 (b) all material references in the Civil Aviation Act, or an instrument made under that Act, to CAA or an officer of CAA were replaced by references to CASA or to a corresponding officer of CASA, as the case requires.

8 Continuance of AIPs and NOTAMs published by CAA

  An Aeronautical Information Publication or Notice to Airmen published by CAA under section 18 of the Civil Aviation Act that:

 (a) was in force immediately before the commencing time; and

 (b) is a document of a kind that AA is empowered to publish under Regulations made under the Air Services Act;

  has effect, on and after the commencing time, as if it were published by AA under those Regulations, and may be amended, varied or revoked by AA.

9 CAA Staff Superannuation Fund

 (1) A person who, immediately before the commencing time, was a member of the Superannuation Fund, is taken, for the purposes of the Trust Deed, not to have ceased to be a member because of:

 (a) the abolition of CAA; or

 (b) the circumstance that, under section 8 of the Act, the person became, at the commencing time:

 (i) an AA employee; or

 (ii) a CASA staff member.

 (2) A person mentioned in subregulation (1) is taken, for the purposes of the Trust Deed:

 (a) to continue to be a member of the Superannuation Fund while he or she continues to be:

 (a) an AA employee; or

 (b) a CASA staff member; and

 (b) to be entitled to payments and other benefits from the Superannuation Fund as if he or she had, from the date on which he or she last became a member of the Superannuation Fund, been:

 (i) in the case of a person who is an AA employee — an AA employee; or

 (ii) in the case of a person who is a CASA staff member — a CASA staff member; and

 (c) not to be entitled to payments or other benefits from the Superannuation Fund only by reason of the circumstance mentioned in paragraph (1) (b).

10 CAA Board resolutions

  A resolution made by the Board of CAA:

 (a) that had not, before the commencing time, been revoked or withdrawn; and

 (b) to which section 10 of the Act does not apply; continues to have effect according to its tenor after the commencing time as if:

 (c) to the extent that the resolution relates to CAA’s regulatory functions — it had been made by CASA; or

 (d) except to the extent covered by paragraph (a) — it had been made by AA.

11 Lands Acquisition Act

  The Lands Acquisition Act 1989 does not apply in relation to any estate or interest in land transferred by or under section 9 of the Act.

12 Chief Executive Officer of AA

 (1) The Minister may, by instrument, appoint a person to act as Chief Executive Officer of AA during a period that commences before the relevant date.

 (2) A person appointed under subregulation (1) is to be paid the remuneration and allowances that the Minister determines in writing.

 (3) If a person holds an appointment under subregulation (1) on the day immediately preceding the relevant date, the appointment ceases at the end of that day.

 (4) In this regulation:

relevant date means the date on which the first appointment of a person:

 (a) under subsection 33 (1) of the Air Services Act — as Chief Executive Officer of AA; or

 (a) under subsection 40 (1) of that Act — to act as Chief Executive Officer of AA;

  as the case requires, takes effect.

13 Signature of statutory documents

  A document of the kind mentioned in column 2 of an item in the table set out in the Schedule, that is required for the purpose of the law mentioned in column 4 of the item to be signed on behalf of CAA, may be signed for that purpose by the person for the time being holding, occupying or performing the duties of an office or position mentioned in column 3 of the item.

14 Seaview Commission of Inquiry

 (1) AA has the financial responsibility for providing legal representation before the Seaview Commission of Inquiry of:

 (a) CASA; and

 (b) members of the Board of CASA; and

 (c) the Director and staff of CASA; and

 (d) former members of the Board of CAA; and

 (e) former chief executive officers and staff of CAA; and

 (f) AA; and

 (g) members of the Board of AA; and

 (h) chief executive officers and employees of AA.

 (2) The terms and conditions of the representation are to be as agreed:

 (a) in the case of the representation of under paragraph (1) (a), (b) or (c) — by CASA, AA and the Secretary; and

 (b) in the case of any other representation — by AA and the Secretary.

 (3) The Secretary may, in writing, delegate a function of the Secretary under subregulation (2) to a person who from time to time holds, occupies or performs the duties of a Senior Executive Service office in the Department.

 (4) This regulation is not to be taken to confer a right on any person.

Schedule Signature of statutory documents

(subregulation 3 (3)
regulation 13)

Note   The legislation mentioned in column 4 of an item is legislation of  the Commonwealth unless otherwise stated.

Notes to the Civil Aviation Legislation Amendment (Transitional Provisions) Regulations

Note 1

The Civil Aviation Legislation Amendment (Transitional Provisions) Regulations (in force under the Civil Aviation Legislation Amendment Act 1995) as shown in this compilation comprise Statutory Rules 1995 No. 226 amended as indicated in the Tables below.

Table of Statutory Rules

Table of Amendments