Civil Aviation Regulations (Amendment) 1994 No. 173
EXPLANATORY STATEMENT
STATUTORY RULES 1994 No. 173
ISSUED BY THE AUTHORITY OF THE MINISTER FOR TRANSPORT
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 amending regulations contain what are essentially technical drafting and law reform provisions. The most important of these provisions are consequential on the enactment of section 4AA of the Crimes Act 1914 (the Crimes Act). Under section 4AA of the Crimes Act, penalties are to be expressed in terms of penalty units rather than dollars. Section 4AA also provides that penalties expressed as dollars in previous Commonwealth legislation are to be read as if they were expressed in penalty units.
The amending regulations change the manner in which penalties are expressed in the Civil Aviation Regulations (the Regulations). The Regulations contained many penalties expressed in terms of dollars. Rather than requiring readers to translate the amounts as penalty units, and in order to ensure consistency with later amendments that refer to penalty units, those penalties have been replaced with penalties expressed as penalty units. The necessary amendments have been prepared in accordance with section 4AB of the Crimes Act, which provides the formula for converting penalties expressed in dollars to penalty units.
The amending regulations also correct certain technical anomalies and inconsistencies in the setting out of some of the penalties. They also replace the previous Schedule of on-thespot penalties with a more up-to-date Schedule.
The amending regulations do not create any new liability or increase any existing penalty.
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 amending regulations.
REGULATION 2
This regulation replaces the penalty at the foot of subregulation 149(3) with a penalty at the foot of subregulation 149(1). This is because the only offence created by the regulation is for contravention of subregulation (1).
REGULATION 3
This regulation amends regulation 173 by replacing the previous general penalty at the foot of subregulation (3) with separate penalties for subregulations (1), (2) and (3). This makes it clear that a penalty does not apply to the administrative duty that the Authority has under subregulation (2A).
REGULATION 4
This regulation amends regulation 207 by replacing the previous general penalty at the foot of subregulation (4) with separate penalties for subregulations (1), (2) and (3). This makes it clear that a penalty does not apply to the administrative duty that the Authority has under subregulation (4).
REGULATION 5
This regulation amends regulation 257 by replacing the previous general penalty at the foot of subregulation (6) with separate penalties for subregulations (3) and (4). This makes it clear that a penalty does not apply to the administrative duty that the Authority has under subregulation (2).
REGULATION 6
This regulation substitutes a new schedule for the previous Schedule 2 to the Regulations. Schedule 2 contains the on-the-spot penalties that would be payable in relation to certain offences under the Regulations if a person were to comply with an infringement notice. The penalties are expressed in dollars because the system of penalty units established under the Crimes Act only applies to penalties that are imposed by a court or a service tribunal. The new schedule is a more accurate and upto-date version of the previous Schedule 2 and takes account of amendments of the Regulations made since the previous Schedule 2 came into operation.
REGULATION 7
This regulation further amends the Regulations by omitting references to pecuniary penalties and replacing them with references to penalty units. In a few cases the penalty has not been replaced if, for legal technical reasons, it has not been necessary to do so.
The amending regulations commenced on gazettal.
Overview
The Civil Aviation Regulations (Amendment) 1994 No. 173 was enacted to address the technical and procedural inconsistencies in the Civil Aviation Regulations that arose following the introduction of penalty units under the Crimes Act 1914. This amendment ensures that penalties under the Civil Aviation Regulations are expressed in terms of penalty units, aligning with the updated legislative framework and improving clarity for both regulators and the regulated community. The regulations were issued under the authority of the Minister for Transport, aiming to maintain the integrity and safety of air navigation while updating the legal language to reflect the current standards set by the Crimes Act.
The enacting body for these regulations is the Parliament of Australia, which authorised the Minister for Transport to make these amendments to ensure consistency and technical accuracy within the Civil Aviation Regulations. The policy objective behind these amendments is to streamline and modernise the regulatory language without altering the substance or severity of the penalties, thus ensuring that the regulations remain effective and comprehensible while adhering to the latest legislative requirements.
Scope and Application
The Civil Aviation Regulations (Amendment) 1994 No. 173 pertains to the Civil Aviation Regulations established under the Civil Aviation Act 1988, governing safety in air navigation across Australia. This amendment applies to all entities and persons subject to the Civil Aviation Regulations, including pilots, airlines, air traffic controllers, and aviation service providers. It ensures consistency with the Crimes Act 1914, which mandates the expression of penalties in penalty units rather than dollars. The amendment does not create any new liabilities or increase existing penalties; instead, it updates the regulatory framework to align with legislative changes and improve clarity and consistency in penalty expressions. This change streamlines the enforcement of aviation regulations by ensuring that all penalties are uniformly expressed in penalty units, thereby simplifying compliance for those regulated by the Civil Aviation Act.
Key Provisions
The Civil Aviation Regulations (Amendment) 1994 No. 173 (the amending regulations) primarily serves to update and align the Civil Aviation Regulations (the Regulations) with the new legislative framework introduced by the Crimes Act 1914. The Regulations, which are governed by the Civil Aviation Act 1988, have been amended to ensure consistency and clarity in the expression of penalties. The amendments are particularly consequential on the introduction of section 4AA of the Crimes Act, which mandates that penalties be expressed in terms of penalty units rather than in dollars. The Regulations previously contained many penalties expressed in terms of dollars, which required readers to translate these amounts into penalty units. To avoid this necessity and to ensure consistency with future amendments, the amending regulations have replaced these dollar penalties with penalties expressed in penalty units.
The amending regulations impose specific obligations on parties and entities governed by the Regulations. The primary obligation is the clear and precise expression of penalties. For instance, Regulation 2 replaces the penalty at the foot of subregulation 149(3) with a penalty at the foot of subregulation 149(1), clarifying that the only offence created by the regulation is the contravention of subregulation (1). Similarly, Regulations 3, 4, and 5 replace general penalties at the foot of certain subregulations with separate penalties for specific subregulations, ensuring that penalties do not apply to administrative duties specified in those subregulations. Regulation 6 replaces the previous Schedule 2 with a new and updated schedule of on-the-spot penalties that are expressed in dollars, reflecting amendments made to the Regulations since the previous Schedule 2 came into operation. Regulation 7 further amends the Regulations by replacing references to pecuniary penalties with references to penalty units, except in cases where it has not been legally necessary to do so.
The amending regulations do not introduce any new liabilities or increase existing penalties. The changes are purely technical and aimed at ensuring that the expression of penalties within the Regulations is consistent with the legislative framework established by the Crimes Act. However, any breach of the Regulations, as amended, could still lead to existing penalties being applied. These penalties are now expressed in penalty units, which are defined by section 4AA of the Crimes Act. The maximum penalties for offences under the Regulations are set out in the relevant provisions of the Civil Aviation Regulations and would apply as per the usual enforcement mechanisms under the Civil Aviation Act 1988. The precise nature and severity of penalties for specific breaches would depend on the particular offence and the discretion of the court or tribunal imposing the penalty.