Civil Aviation Regulations (Amendment) 1997 No. 67
EXPLANATORY STATEMENT
Statutory Rules 1997 No. 67
Issued by the authority of the Minister for Transport and Regional Development
Civil Aviation Act 1988
Civil Aviation Regulations (Amendment)
Subsection 98 (1) of the Civil Aviation Act 1988 (the Act) provides that the GovernorGeneral may make regulations for the purposes of the Act and in relation to the safety of air navigation.
The Regulations amend regulation 6A of the Civil Aviation Regulations (the Regulations). The amendments of regulation 6A of the Regulations provide for greater administrative flexibility in the issuing of identity cards to persons appointed as "authorised persons" under the Regulations.
Regulation 6A of the Regulations (as it stood before these amendments) provided, among other things, that CASA must issue an identity card to each person appointed as an authorised person under regulation 6 of the Regulations. Regulation 6 provides for CASA to appoint persons to be authorised persons for the purposes of any regulation in which the term "authorised person" occurs. It had become increasingly obvious that the need to issue an identity card to all persons appointed under regulation 6 was administratively unworkable and, in many cases, impracticable. For example, in some cases, it is appropriate for the pilot in command of a class B aircraft to be appointed as an authorised person to issue a maintenance release for the aircraft of which he or she is the pilot in command at the time. There is no good reason why an identity card is necessary in such circumstances. Similar problems arise where licensed aircraft maintenance engineers need to be authorised to issue maintenance releases, and endorsements on maintenance releases, for aircraft. To ensure efficient operations by operators, a large number of people have to be appointed as authorised persons for these purposes.
In most cases, the authorisations under regulation 6 do not relate to, or confer, any policing, surveillance, or invasive, or like function, on the person appointed. In these circumstances, regulation 6A has been amended to provide that, if persons are not in a position where there is a need to produce evidence of their identity or their authority to exercise certain powers or functions under the Regulations, CASA is not required to issue an identity card.
The amendments limit the requirement for the issue of an identity card to persons who are appointed to be an authorised person for the purposes of those regulations where the appointment confers some form of surveillance, policing, invasive or similar function on the appointee.
DETAILS OF THE AMENDMENTS ARE AS FOLLOWS:
REGULATION 1
This regulation provides that the Civil Aviation Regulations (the Regulations) are amended as set out in the Regulations.
REGULATION 2
This regulation amends regulation 6A of the Regulations to oblige the Authority to issue an identity card to persons appointed to be authorised persons for the specific regulations set out in new subregulation 6A (1). There are also several consequential amendments.
The Regulations commenced on gazettal.
Overview
The Civil Aviation Regulations (Amendment) 1997 No. 67 was enacted to address administrative inefficiencies in the issuance of identity cards to authorised persons under the Civil Aviation Regulations. The Act was introduced to amend regulation 6A of the Civil Aviation Regulations, aiming to provide greater administrative flexibility in the process of issuing identity cards. This amendment was necessitated by the impracticality of issuing identity cards to all authorised persons, particularly in scenarios where such identification was unnecessary for their appointed functions. The objective of the policy is to streamline operations by limiting the issuance of identity cards to only those authorised persons who need to demonstrate their authority for specific surveillance, policing, invasive, or similar functions. This legislative change was issued under the authority of the Minister for Transport and Regional Development, aligning with the overarching aims of the Civil Aviation Act 1988 to ensure safety and efficiency in air navigation.
Scope and Application
The Civil Aviation Regulations (Amendment) 1997 No. 67 applies to the administration of civil aviation in Australia under the Civil Aviation Act 1988. The amendments specifically affect the process of issuing identity cards to authorised persons appointed under regulation 6 of the Civil Aviation Regulations. These amendments are designed to provide greater administrative flexibility by allowing the Civil Aviation Safety Authority (CASA) to refrain from issuing identity cards to individuals who are appointed as authorised persons if their roles do not necessitate the production of such cards. For instance, the amendments mean that identity cards are not required for pilots in command of class B aircraft who are appointed to issue maintenance releases, unless their roles involve surveillance, policing, or similar functions. The changes are intended to streamline operations and address the impracticality of issuing identity cards to a large number of authorised persons. The amendments apply nationally and are effective as of the date of their gazettal. The scope of the Act is further extended through subordinate instruments, which may specify additional conditions or details related to the issuance of identity cards.
Key Provisions
The Civil Aviation Regulations (Amendment) 1997 No. 67, under the Civil Aviation Act 1988, introduces modifications to the issuance of identity cards for authorised persons within the Civil Aviation Regulations (subs. 98(1)). The main operative sections, specifically regulation 6A, have been amended to allow for greater flexibility in the administrative process of issuing identity cards (reg. 2). This change is primarily aimed at addressing the impracticality of requiring an identity card for all authorised persons appointed under regulation 6, particularly when such cards are not necessary for their specific roles.
Under the new provisions, the Civil Aviation Safety Authority (CASA) is not required to issue an identity card to persons appointed as authorised persons unless their roles involve functions such as surveillance, policing, or invasive duties (reg. 6A(1)). This adjustment is designed to streamline operations, particularly for roles such as the pilot in command of a class B aircraft or licensed aircraft maintenance engineers, where the need for an identity card is deemed unnecessary. The amendments also include several consequential changes to ensure the integrity and functionality of the regulations.
The obligations imposed by these amendments require CASA to carefully assess the roles and functions of appointed authorised persons. For roles that involve surveillance, policing, or similar functions, CASA must issue an identity card to ensure that these authorised persons can provide appropriate evidence of their authority and identity. For other roles where such functions are not applicable, CASA is relieved of the requirement to issue identity cards, thereby reducing administrative burdens and enhancing operational efficiency.
Failure to comply with the new provisions, particularly in cases where identity cards are required but not issued, could lead to civil or administrative consequences. Although specific penalties are not detailed in the explanatory statement, breaches of the Civil Aviation Regulations could result in actions against the appointing authority or the individual concerned, potentially impacting their ability to perform their designated duties. The overarching aim is to ensure that the amended regulations are both practical and effective in maintaining the safety and integrity of civil aviation operations.