Civil Aviation Regulations (Amendment) 1998 No. 234
EXPLANATORY STATEMENT
STATUTORY RULES 1998 No. 234
Issued by authority of the Minister for Transport & Regional Development
Civil Aviation Act 1988
Civil Aviation Regulations (Amendment)
Subsection 98(1) of the Civil Aviation Act 1988 permits the Governor-General to make regulations prescribing matters required or permitted to be prescribed by the Act, or necessary or convenient to be prescribed for carrying out or giving effect to the Act. In particular, subsection 98(3) of the Act provides that regulations may be made in relation to, inter alia:
"...(s) the planning, construction, establishment, maintenance and use of.
(ii) services of the kind referred to in paragraph 8 (1) (b) of the Air Services Act 1995;...
The Civil Aviation Regulations (Amendment) (the Regulations) amend the Civil Aviation Regulations (CARs) to enable Airservices Australia to enter into arrangements with other organisations for the provision of air traffic services at airports.
Subparagraph 8(1)(b)(i) of the Air Services Act 1995 provides that it is a function of Airservices Australia (AA) to provide air traffic services for the purpose of giving effect to the Chicago Convention or otherwise for purposes relating to the safety, regularity or efficiency of air navigation. Subsection 11(3) of the Air Services Act provides that AA may provide a service itself, in co-operation with another person, or by arranging for another person to provide the service on its behalf.
The Regulations simply amend the definition of "Air Traffic Service" in the CARs. The previous definition was limited to "AA in its capacity as provider of air services under subparagraph 8(1)(b)(i) of the Air Services Act 1995"; the Regulations broaden the definition to enable air traffic services to be provided by an organisation other than AA, in co-operation with, or under an arrangement with, AA under subsection 11(3) of the Air Services Act. In the short term, this will enable the owners and operators of airports to use organisations other than AA to provide air traffic services (thereby enhancing flexibility and competitive tension in the provision of those services), although AA will maintain a supervisory role in relation to those services.
Details of the Regulations appear in the attachment to this explanatory statement.
NOTES ON CLAUSES
Clause 1 - Commencement
This clause provides that the Regulations commence on gazettal.
Clause 2 - Amendment
This clause provides that the Civil Aviation Regulations are amended as set out in the Regulations.
Clause 3 - Regulation 2 (Interpretation)
Clause 3 of the Regulations replaces the current definition of "Air Traffic Service" in subregulation 2(1) of the Civil Aviation Regulations with a new definition. The new definition imports the concept from paragraphs 11(3)(b) and 11(3)(c) of the Air Services Act 1995 that Airservices Australia may provide services in co-operation with, or by arrangement with, other people. The purpose of the amendment to the definition of "Air Traffic Service" is therefore to enable air traffic services to be provided by an organisation other than AA.
Because of the manner in which regulations in Part M of the CARs are phrased (particularly CAR 100), to date it has only been possible for employees of AA to give binding air traffic control instructions and to provide air traffic control clearances to aircraft. This stems from the definition of "Air Traffic Control" in and through it "Air Traffic Service". By amending the definition of "Air Traffic Service", there is a flow-on effect to "Air Traffic Control" which enables persons other than employees of AA to give air traffic control instructions and clearances.
Overview
The Civil Aviation Regulations (Amendment) 1998 No. 234, issued under the authority of the Minister for Transport and Regional Development, amends the Civil Aviation Regulations (CARs) to broaden the scope of who can provide air traffic services at airports. These regulations were enacted to address the limitation in the existing framework that restricted air traffic services to Airservices Australia (AA) alone. The Civil Aviation Act 1988 permits the making of regulations necessary for carrying out or giving effect to the Act, including those that pertain to air traffic services. This amendment specifically targets the definition of "Air Traffic Service" in the CARs, enabling AA to enter into arrangements with other organisations for the provision of these services, thereby fostering flexibility and competition in the sector while AA retains a supervisory role. The policy objective of these amendments is to enhance the efficiency and safety of air navigation by allowing other competent entities to provide air traffic services in cooperation with or under arrangement with AA.
Scope and Application
The Civil Aviation Regulations (Amendment) 1998 No. 234, issued under the authority of the Minister for Transport and Regional Development, amends the Civil Aviation Regulations to enable Airservices Australia to enter into arrangements with other organisations for the provision of air traffic services at airports. The amendment applies to the interpretation of "Air Traffic Service" in the Civil Aviation Regulations, allowing services to be provided by entities other than Airservices Australia, either in cooperation with or under an arrangement with Airservices Australia, as outlined in the Air Services Act 1995. This change enhances flexibility and introduces competitive tension in the provision of air traffic services while ensuring Airservices Australia retains a supervisory role. The amendment does not specify exclusions, exemptions, or thresholds but allows for broader participation in air traffic services through subordinate instruments as necessary for carrying out or giving effect to the Civil Aviation Act 1988.
Key Provisions
The main operative sections of the Civil Aviation Regulations (Amendment) (the Regulations) primarily involve changes to the definition of "Air Traffic Service" under the Civil Aviation Regulations (CARs). Specifically, Regulation 2(1) amends the definition to broaden the scope of who can provide air traffic services, enabling entities other than Airservices Australia (AA) to do so, provided they are in co-operation with, or under an arrangement with, AA, as permitted under the Air Services Act 1995 (section 11(3)). This change allows airport owners and operators to utilise organisations other than AA to provide these critical services, which is intended to enhance flexibility and competition in the provision of air traffic services, while still allowing AA to maintain a supervisory role.
The obligations and requirements imposed by these Regulations on the parties involved, particularly AA and other organisations providing air traffic services, include ensuring that any air traffic services rendered comply with the safety, regularity, and efficiency standards set forth in the Civil Aviation Act 1988 and the Chicago Convention. AA must continue to supervise the services provided by other organisations to ensure these standards are met. The new definition of "Air Traffic Service" means that while AA can still provide services directly, it can also arrange for other qualified entities to do so on its behalf, as long as they adhere to the regulatory framework governing air traffic services.
Any breaches of the amended regulations could lead to civil or criminal consequences, depending on the nature and severity of the non-compliance. Under the Civil Aviation Act 1988, violations can result in penalties including fines and, in severe cases, imprisonment. The exact penalties are not specified in the explanatory statement but generally align with the severity of the breach and its impact on aviation safety and efficiency. For example, providing air traffic services without the required arrangements or supervision could result in significant penalties, potentially impacting the safety and reliability of air navigation services.
The Regulations also reinforce the importance of maintaining high standards in air traffic services to ensure the safety and efficiency of air navigation. This includes ensuring that any entity providing such services is adequately qualified and supervised, as stipulated by the Air Services Act 1995. The overarching goal of these amendments is to foster a competitive environment while ensuring that safety remains the paramount concern in the provision of air traffic services.