Civil Aviation Legislation Amendment (Transitional Provisions) Regulations (Amendment)

Overview

The Civil Aviation Legislation Amendment (Transitional Provisions) Regulations (Amendment) 1995 No. 227, issued under the authority of the Minister for Transport, was introduced to address the transitional challenges arising from the significant restructuring of Australia's civil aviation regulatory framework. This restructuring involved the abolition of the Civil Aviation Authority (CAA) and the establishment of two new entities, Airservices Australia (AA) and the Civil Aviation Safety Authority (CASA), as outlined in the Civil Aviation Legislation Amendment Act 1995. The amendment to the Regulations was necessitated to ensure a smooth transition and to clarify the financial responsibilities and representation obligations in relation to the Commission of Inquiry into the Relations between the CAA and Seaview Air. The objective of these Regulations is to allocate financial responsibility for the representation of various stakeholders before the Inquiry, including the Civil Aviation Safety Authority, Board members and staff of CASA and AA, and former CAA officials. The Regulations empower the Secretary of the Department of Transport to delegate these responsibilities to a Senior Executive Service officer within the Department, ensuring that the transition process is managed efficiently and effectively. Importantly, the Regulations clarify that they do not confer any rights on any person, maintaining the integrity of the legal framework during this period of organisational change.

Scope and Application

The Civil Aviation Legislation Amendment (Transitional Provisions) Regulations (Amendment) 1995 No. 227 pertains to transitional provisions arising from the Civil Aviation Legislation Amendment Act 1995, which includes the abolition of the Civil Aviation Authority (CAA) and its replacement by Airservices Australia (AA) and the Civil Aviation Safety Authority (CASA). This amendment applies to entities directly involved in the transition, including CASA, AA, and their respective board members, directors, and staff, as well as former CAA board members and executive officers. The regulation extends financial responsibility to AA for the representation of these entities before the Commission of Inquiry into the Relations between the CAA and Seaview Air. The terms and conditions of this representation are to be agreed upon by CASA, AA, and the Secretary of the Department of Transport, with the ability for the Secretary to delegate this function to a Senior Executive Service officer within the Department. Importantly, the regulation clarifies that it does not confer any rights on any person, ensuring that the financial responsibility and representation outlined do not extend to broader legal entitlements.

Key Provisions

The Civil Aviation Legislation Amendment (Transitional Provisions) Regulations (Amendment) 1995 No. 227 contains key provisions that establish the financial responsibility and representation of certain entities before the Commission of Inquiry into the Relations between the Civil Aviation Authority (CAA) and Seaview Air. This amendment introduces new subregulation 14(1) which assigns Airservices Australia (AA) with the financial responsibility for representing several entities before the Inquiry, including the Civil Aviation Safety Authority (CASA), current and former members of the CAA and CASA boards, and their respective staff (subregulation 14(1)). The terms and conditions of this representation are to be agreed upon by CASA, AA, and the Secretary of the Department for specific entities, and by AA and the Secretary of the Department for others (subregulation 14(2)). Furthermore, subregulation 14(3) allows the Secretary of the Department of Transport to delegate this function to a Senior Executive Service (SES) officer in the Department of Transport. This delegation ensures that the responsibility can be efficiently managed within the department. The obligations under this amendment are primarily centred around ensuring that the specified entities are adequately represented before the Inquiry. Airservices Australia must facilitate and finance the representation of the Civil Aviation Safety Authority, current and former members of the CAA and CASA boards, and their staff. This involves agreeing on the terms and conditions of the representation with the relevant parties, as stipulated in subregulation 14(2). Additionally, the Secretary of the Department of Transport has the authority to delegate this function to an SES officer, as per subregulation 14(3). This delegation is intended to streamline the management of these responsibilities within the department. There are no specific offences, penalties, or civil/criminal consequences mentioned in the regulations for breaches of these provisions. However, failure to comply with the terms and conditions of the representation as agreed upon could potentially lead to disputes or legal challenges, particularly if the representation is deemed inadequate or not in accordance with the agreed terms. Subregulation 14(4) clarifies that this regulation does not confer any rights on any person, which means that there are no enforceable rights stemming from this regulation itself. Instead, the focus is on ensuring that the entities involved in the representation are properly managed and represented within the stipulated framework.