Civil Aviation Regulations (Amendment)

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Legislation au F1997B00972 Regulations Not in force Legislative Instrument

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Civil Aviation Regulations (Amendment) 1993 No. 268

EXPLANATORY STATEMENT

STATUTORY RULES 1993 No. 268

Issued by the authority of the Minister for Transport and Communications

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.

In its 1993-94 Budget Statements the Government announced that, starting on 1 September 1993, there would be a phased recovery from the aviation industry of part of the air safety regulation costs of the Civil Aviation Authority (the Authority). As part of that recovery process charges are to be imposed for safety audit programs carried out, as part of the Authority's regulatory functions, before 1 July 1994 in relation to certain Australian operators conducting international flights.

The Regulations amend the Civil Aviation Regulations (the Regulations) to enable the Authority to institute a temporary system of safety audit programs to be carried out in relation to the operators of certain international air services, and to charge for carrying out those programs. All safety audit programs determined under the temporary system must be carried out before 1 July 1994.

DETAILS OF THE AMENDMENTS ARE AS FOLLOWS:

REGULATION 1

This regulation provides that the Regulations are amended as set out in the Regulations.

REGULATION 2

This regulation adds new regulations 310A and 310B to the end of Part XVIII (Miscellaneous) of the Regulations. Regulation 310A deals with the determination of safety audit programs. Regulation 310B deals with the carrying out of safety audit programs.

Subregulation 310A(1) gives the Authority power to determine a safety audit program in relation to an operator. The power may only be exercised before 1 July 1994.

Subregulation 310A(2) prevents the Authority from determining more than one safety audit program for the same operator.

Subregulation 310A(3) contains what is, in effect, a definition of a safety audit program. Each program will comprise various inspections and tests designed to enable the Authority to assess the manner in which a particular operator is carrying out authorised activities and is complying with any conditions to which those authorisations are subject. A program could also be used to enable the Authority to assess the way in which authorised persons and delegates employed by an operator are carrying out their functions as authorised persons or delegates. An audit will therefore be carried out, not for enforcement purposes or to investigate any suspected or perceived offence, but solely to enable the Authority to assess the way in which an operator, and certain of the operator's employees, are carrying out authorised activities.

Subregulation 310A (4) provides examples of the kinds of activities that could be included in a safety audit program. They include inspecting aircraft, aircraft components, certain processes or systems and records or other documents relating to authorised activities and testing aircraft, aircraft components or processes or systems used in connection with authorised activities.

Subregulation 310A (5) requires the Authority to give an operator a written notice setting out details of any safety audit program it intends to carry out in relation to the operator. It further obliges the Authority to take all reasonable steps to ensure that the program is carried out in accordance with the regulations.

Subregulation 310A (6) defines "certificate of approval" and "operator" for the purposes of the proposed regulation. A "certificate of approval" is defined as a certificate under regulation 30 of the Regulations covering the carrying out of maintenance of aircraft or aircraft components, or both. An "operator" is defined as a person who holds an Air Operator's Certificate authorising the person to operate Australian aircraft outside Australian territory and one or more certificates of approval that either alone or together cover the maintenance of aircraft and aircraft components.

Regulation 310B relates to the carrying out of safety audit programs. Under subregulations 310B(1) and (2), safety audit programs are to be carried out by authorised persons before 1 July 1994. An "authorised person" is defined in subregulation 2 (1) of the Regulations as a person appointed under regulation 6 of the Regulations to be an authorised person for the purposes of a provision in which that expression occurs. The Authority will, therefore, need to appoint 1 or more authorised persons for the purposes of new regulation 310B.

Subregulation 310B (3) gives an authorised person access to any place or thing to which he or she needs access for the purpose of carrying out a safety audit program. That entitlement is subject to the usual requirements relating to the production of an identity card on request. Those provisions are contained in subregulations 310B (6) and (7). The entitlement to access is supplemented by subregulation 310B (5), which prohibits anyone from preventing or hindering access.

Subregulation 310B (4) is also designed to ensure that authorised persons can effectively carry out safety audit programs. It obliges an operator to take all reasonable and necessary steps to ensure that the authorised person is given the access to any place or thing to which he or she is entitled, and is provided with any information, help or facilities that are reasonably required.

While regulation 6 of the Regulations allows the Authority to appoint any person as an authorised person, it is not intended that safety audit programs should be carried out by anyone who is not an officer. Subregulation 310B (8) therefore requires the Authority to appoint only an officer as an authorised person for the purposes of regulation 310B. "Officer" is defined in subsection 3 (1) of the Act as a member of the staff of the Authority.

Subregulation 310B (9) specifies, for the purposes of the definition of "charge" paragraph 66 (1) (b) of the Act, the carrying out of the whole or any part of a safety audit program. The provision enables the Board of the Authority to determine charges under section 66 of the Act in respect of activities carried out as part of safety audit programs.

The Regulations commenced on gazettal.

 

Overview

The Civil Aviation Regulations (Amendment) 1993 No. 268 was enacted to address the need for a phased recovery of air safety regulation costs from the aviation industry, as announced in the 1993-94 Budget Statements. This amendment to the Civil Aviation Regulations was issued under the authority of the Minister for Transport and Communications and is grounded in the Civil Aviation Act 1988. The primary policy objective was to enable the Civil Aviation Authority to institute a temporary system of safety audit programs for certain international air service operators and to charge for these programs. The regulation mandates that all safety audit programs must be conducted before 1 July 1994. The amendments introduce new regulations, including the determination and execution of safety audit programs, with specific provisions for notices to operators and access for authorised persons. The Civil Aviation Authority is also empowered to appoint officers to conduct these audits and to set charges for the services rendered.

Scope and Application

The Civil Aviation Regulations (Amendment) 1993 No. 268, issued under the authority of the Minister for Transport and Communications, applies to the Australian aviation industry, specifically targeting operators conducting international flights. These operators, defined under the Civil Aviation Act 1988 as those holding an Air Operator's Certificate and relevant certificates of approval, are subject to safety audit programs instituted by the Civil Aviation Authority (the Authority) to ensure compliance with safety standards. The regulation mandates that these safety audits must be conducted by authorised officers of the Authority before 1 July 1994. The amendment enables the Authority to charge for these audits as part of a cost recovery process announced in the 1993-94 Budget Statements. The scope of these regulations is confined to Australia and its territories, and they extend the application of the Civil Aviation Act 1988 through subordinate instruments by introducing specific provisions for safety audit programs and associated charges.

Key Provisions

The Civil Aviation Regulations (Amendment) 1993 No. 268 introduce temporary safety audit programs and related charges under the Civil Aviation Act 1988. Regulation 310A (subsections 1 to 6) grants the Civil Aviation Authority the authority to determine safety audit programs for operators of certain international air services, ensuring these programs are carried out before 1 July 1994. These programs consist of inspections and tests aimed at evaluating compliance with aviation safety standards and authorisations. Operators must be notified in writing about the details of any safety audit program that the Authority intends to conduct, and the Authority must take reasonable steps to ensure the program is executed according to regulations. Regulation 310B (subsections 1 to 9) mandates that safety audit programs must be carried out by authorised persons, who must be officers of the Authority. These authorised persons are granted access to any place or thing necessary for conducting the audit, subject to the presentation of an identity card. Operators are required to facilitate access and provide any necessary information or assistance. Furthermore, these regulations enable the Authority to impose charges for the activities associated with safety audit programs. The Civil Aviation Regulations (Amendment) 1993 No. 268 impose specific obligations on the Civil Aviation Authority and operators of international air services. The Authority must determine safety audit programs in accordance with the specified timelines and requirements, ensuring operators are properly notified. The Authority is also tasked with appointing authorised officers to carry out the audits, ensuring these officers have the necessary access and support from operators to perform their duties effectively. Operators, on the other hand, must cooperate with the Authority by providing necessary access and information to authorised persons during the audit process. These obligations ensure that safety audit programs are conducted efficiently and in compliance with the stipulated regulatory framework. Breaches of the Civil Aviation Regulations (Amendment) 1993 No. 268 may result in various civil and criminal consequences. Although the explanatory statement does not specify maximum penalties, the Civil Aviation Act 1988 provides a framework for penalties that can be applied in cases of non-compliance. For instance, failure to comply with a direction from an authorised officer can result in a penalty, and more severe breaches could potentially lead to criminal charges. The exact penalties depend on the nature and severity of the breach, with potential outcomes ranging from fines to imprisonment. It is essential for both the Authority and operators to adhere to the regulations to avoid these consequences.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.