Civil Aviation Regulations (Amendment)

Overview

The Civil Aviation Regulations (Amendment) 1994 No. 188, issued under the authority of the Minister for Transport, amends the Civil Aviation Regulations to extend the system of safety audit programs implemented by the Civil Aviation Authority (the Authority). Enacted pursuant to subsection 98(1) of the Civil Aviation Act 1988, these amendments address the need for a continued phased cost recovery of the Authority's air safety regulation costs from the aviation industry, as outlined in the Government's 1993-94 Budget Statements. The Regulations extend the safety audit program system for a further 12 months, ending on 1 July 1995, while ensuring that the system does not interfere with other audit, inspection, or surveillance activities under the Act. This amendment seeks to balance the financial recovery efforts with the ongoing safety and regulatory responsibilities of the Authority.

Scope and Application

The Civil Aviation Regulations (Amendment) 1994 No. 188 applies to the Civil Aviation Authority as it pertains to the implementation of safety audit programs for aircraft operators, extending these programs for a period of 12 months ending on 1 July 1995. The amendments are designed to facilitate a phased recovery of part of the Authority's air safety regulation costs by the aviation industry, aligning with the policy outlined in the Government's 1993-94 Budget Statements. The regulations cover all aircraft operators within the Commonwealth of Australia and do not distinguish between different types of operators or entities, encompassing both domestic and international flights. The amendments do not include any specific exclusions or exemptions, and the scope of the regulations remains confined to the safety audit programs and the associated cost recovery measures. Any further application or restrictions of these regulations are to be detailed in subordinate instruments, although the current text does not provide specifics on such extensions or restrictions.

Key Provisions

The Civil Aviation Regulations (Amendment) 1994 No. 188 introduces several amendments to the Civil Aviation Regulations (the Regulations) to extend and modify the existing safety audit program system established under regulations 310A and 310B. Regulation 2(1) extends the authority's power to determine safety audit programs for aircraft operators to 1 July 1995, allowing the Civil Aviation Authority (the Authority) to set up one or more safety audit programs for any operator at any time before this date. This amendment effectively extends the existing scheme by 12 months. However, Regulation 2(2) limits the number of safety audit programs that can be determined for a single operator, ensuring that no more than one program can be established for a particular operator during two specified periods: from 29 October 1993 to 1 July 1994, and from 1 July 1994 to 1 July 1995. The obligations imposed by these Regulations on the parties involved, primarily the Authority and the aircraft operators, include adhering to the stipulated timelines and limitations on the number of safety audit programs that can be determined for each operator. The Authority must ensure that safety audit programs are established in accordance with the amended provisions, while aircraft operators must comply with any safety audit programs determined for them by the Authority. The Regulations also clarify, through Regulation 4, that the safety audit program system is separate from other audit, inspection, or surveillance activities carried out under the Civil Aviation Act 1988 (the Act) or any other provision of the Regulations, thus ensuring that the new system does not interfere with existing processes. Under these Regulations, there are no explicit offences or penalties stated for breaches. However, the implications of failing to comply with a determined safety audit program could potentially lead to safety issues, which in turn could result in enforcement actions under other provisions of the Act or the Regulations. The primary consequence of non-compliance would likely be the enforcement of safety standards and potential regulatory action by the Authority to ensure that safety is maintained. Furthermore, Regulation 5 ensures that any safety audit program determined before the Regulations came into effect is treated as if it were made under the amended regulations, thereby avoiding any legal complications arising from the transition. The Regulations commenced upon gazettal, and as such, all parties must comply with the amended provisions from the date of publication. This amendment is part of a broader cost recovery process aimed at phasing out the Authority's air safety regulation costs, as outlined in the Government's 1993-94 Budget Statements.