Civil Aviation Regulations (Amendment) 1997 No. 23
EXPLANATORY STATEMENT
STATUTORY RULES 1997 No. 23
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 Governor-General may make regulations for the purposes of the Act and in relation to the safety of air navigation. The Civil Aviation Regulations have been made under that provision.
Under regulation 7 of the Civil Aviation Regulations, the Director of Aviation Safety may delegate all or any of CASA's powers and functions under those Regulations. The Director is ultimately responsible for the consistency, quality and effectiveness of the decisions of delegates in the exercise of their delegated regulatory powers, At present. however, the Director cannot issue binding directions to delegates as to the exercise of powers or the performance of functions that have been delegated.
Regulation 7 of the Civil Aviation Regulations has been amended to allow the Director of Aviation Safety to give directions as to how a delegate exercises a power or performs a function that has been delegated to him or her by, the Director.
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 these Regulations.
REGULATION 2
Regulation 2 inserts a new subregulation (3) into regulation 7 of the Regulations to provide for a delegate to be subject to any written directions of the Director of Aviation Safety in the exercise of a power or the performance of a function that has been delegated to him or her.
The Regulations commenced on gazettal.
Overview
The Civil Aviation Regulations (Amendment) 1997 No. 23 was enacted to address a gap in the regulatory framework concerning the oversight and management of delegated powers and functions within the civil aviation sector in Australia. This amendment was introduced under the authority of the Minister for Transport and Regional Development and operates within the legislative framework established by the Civil Aviation Act 1988. The primary issue it aimed to resolve was the lack of a mechanism for the Director of Aviation Safety to provide binding directions to delegates exercising delegated regulatory powers. This amendment sought to enhance the effectiveness of regulatory oversight by enabling the Director to issue such directions, thereby ensuring consistency and quality in the exercise of delegated functions.
Scope and Application
The Civil Aviation Regulations (Amendment) 1997 No. 23 applies to the persons or entities that hold delegated powers under the Civil Aviation Regulations, specifically those delegated by the Director of Aviation Safety. This includes individuals or bodies authorised to perform functions or exercise powers on behalf of the Civil Aviation Safety Authority (CASA) within the scope of their delegation. The amendment extends across the Commonwealth of Australia, in alignment with the geographic reach of the Civil Aviation Act 1988, and affects all industries and conduct related to civil aviation safety. The amendment does not specify any exclusions or exemptions but introduces a mechanism for oversight through written directions issued by the Director of Aviation Safety to delegates, ensuring the consistency and quality of regulatory activities. The application of these regulations is further defined and potentially extended through subordinate instruments which may provide additional details or specific instances of delegation and oversight.
Key Provisions
The main operative sections of the Civil Aviation Regulations (Amendment) 1997 No. 23 revolve around the delegation of powers and functions within the Civil Aviation Act 1988. Regulation 2 introduces a new subregulation (3) into regulation 7, allowing the Director of Aviation Safety to issue written directions to delegates concerning the exercise of delegated powers or the performance of delegated functions. This amendment aims to ensure that the Director can maintain oversight and control over how delegated powers and functions are exercised.
The obligations imposed by this amendment on the parties involved are significant. The Director of Aviation Safety, who holds ultimate responsibility for the consistency, quality, and effectiveness of delegated decisions, now has the authority to issue binding directions to delegates. This ensures that delegates adhere to the regulatory standards and expectations set by the Director. Delegates, on the other hand, are obligated to comply with any directions issued by the Director regarding the exercise of their delegated powers and functions. This arrangement aims to enhance the regulatory framework's effectiveness and accountability.
The Civil Aviation Regulations (Amendment) 1997 No. 23 also outlines consequences for non-compliance with the new regulatory provisions. Although the explanatory statement does not specify particular offences or penalties, breaches of regulatory directions issued by the Director could lead to disciplinary actions against the delegate. Such actions may include revocation of delegation or other administrative measures. These consequences underscore the importance of adhering to the Director's directives and maintaining the integrity of the regulatory process.
The amendments, effective from the date of gazette, represent a crucial step towards improving the oversight and management of delegated regulatory powers within the Civil Aviation Act 1988. By allowing the Director to issue binding directions, the amendments aim to strengthen the regulatory framework, ensuring that delegated powers are exercised in a manner consistent with the Act's objectives and safety standards. This legislative change reflects a commitment to enhancing the effectiveness and accountability of aviation safety regulation in Australia.