Civil Aviation Regulations (Amendment) 1995 No. 122
EXPLANATORY STATEMENT
STATUTORY RULES 1995 No. 122
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 Govern or-General may make regulations for the purposes of the Act.. Paragraph 9(1)(k) of the Act provides that the functions of the Civil Aviation Authority (CAA) include any other prescribed functions, being functions relating to any of the matters referred to in this sub-section.
On 28 March 1995 the Government introduced the Civil Aviation Legislation Amendment Bill 1995 that amends the Civil Aviation Act 1988 and establishes a separate and entirely independent Civil Aviation Safety Authority (CASA) to undertake the safety regulatory responsibilities of the current CAA. The Air Services Bill 1995 was also introduced to establish the Airservices Authority (AA) with functions, inter alia, to provide air traffic, rescue and firefighting, search and rescue; and aeronautical information services to the aviation industry.
The CAA at present is unable to do or pay for anything which solely relates to the creation of CASA, or AA, as this activity neither fails within, nor is incidental to its current functions. This regulation confers on the CAA the function of advising and funding the provision of advice to the Minister on matters of associated with the restructure of the CAA into the new bodies that will assume its functions: CASA and AA. It also gives the CAA the function of implementing administrative arrangements arising from Ministerial proposals.
This amendment would operate retrospectively from the date the Government announced its decision to establish a separate body to undertake the safety regulatory responsibilities of the current CAA, 12 October 1994. This approach is consistent with section 48(2) of the Acts Interpretation Act 1901.
Overview
The Civil Aviation Regulations (Amendment) 1995 No. 122 was enacted to facilitate the restructuring of the Civil Aviation Authority (CAA) into two separate entities: the Civil Aviation Safety Authority (CASA) and the Airservices Authority (AA). This legislative amendment was introduced to address the gap in the current framework where the CAA could not undertake activities directly related to the creation of CASA and AA, as these were neither part of its existing functions nor incidental to them. The Civil Aviation Act 1988, under which these regulations were made, grants the Governor-General the authority to establish regulations necessary for the Act's purposes. The policy objective of these amendments was to enable the CAA to advise and fund the provision of advice to the Minister on the restructuring, and to implement administrative arrangements arising from Ministerial proposals, thus ensuring a smooth transition to the new regulatory framework.
Scope and Application
The Civil Aviation Regulations (Amendment) 1995 No. 122 applies to the Civil Aviation Authority (CAA) and pertains to the restructuring of the CAA into two separate entities, the Civil Aviation Safety Authority (CASA) and the Airservices Authority (AA). The amendment grants the CAA the function of advising and funding the provision of advice to the Minister on matters related to the restructuring, as well as implementing administrative arrangements arising from Ministerial proposals. This amendment operates retrospectively from 12 October 1994, the date the Government announced its decision to establish CASA and AA. The amendment applies to the Commonwealth of Australia, as it involves the restructuring of a federal body, and any related functions and transactions within the scope of the Civil Aviation Act 1988. There are no stated exclusions, exemptions, or thresholds in the amendment itself, but any further details or specifics regarding the restructuring process and the functions of CASA and AA would be detailed in subordinate instruments.
Key Provisions
The Civil Aviation Regulations (Amendment) 1995 No. 122 introduces significant changes to the Civil Aviation Act 1988, primarily through the establishment of two new entities: the Civil Aviation Safety Authority (CASA) and the Airservices Authority (AA). Section 98(1) of the Act allows the Governor-General to make regulations for the purposes of the Act, and these amendments grant the Civil Aviation Authority (CAA) new functions related to restructuring (Section 9(1)(k)). Specifically, these new functions include advising and funding advice to the Minister on the restructuring of the CAA into CASA and AA, and implementing administrative arrangements arising from Ministerial proposals. This amendment is intended to operate retrospectively from 12 October 1994, the date when the government announced its decision to create CASA and AA, in accordance with section 48(2) of the Acts Interpretation Act 1901.
Under these regulations, the CAA assumes a critical role in the transition process. It is now tasked with providing advice and funding necessary for the restructuring process, ensuring that the transition to CASA and AA is well-supported and efficiently managed. The CAA’s new responsibilities are explicitly outlined to prevent any confusion or overlap with its existing functions, which do not include activities specifically related to the creation of CASA or AA. This delineation is crucial for maintaining clarity and avoiding any potential conflicts of interest or inefficiencies in the restructuring process. The CAA’s role in advising the Minister and implementing administrative arrangements is vital to ensure a smooth and effective transition of functions to the new entities.
The obligations imposed on the CAA under these regulations are clear and specific. The CAA must provide the necessary advice and financial support to facilitate the restructuring of the aviation regulatory framework. This includes ensuring that the transition to CASA and AA is seamless and that all related administrative arrangements are properly executed. The CAA’s obligation to fund advice and implement administrative measures is designed to support the government’s decision to restructure the aviation regulatory bodies, ensuring that the changes are effectively implemented and do not disrupt existing aviation operations. These obligations are necessary to uphold the integrity and efficiency of the aviation regulatory system during a period of significant change.
Breach of the obligations outlined in these regulations can lead to significant consequences. While the specific penalties for non-compliance are not detailed in the explanatory statement, it is clear that failure to adhere to these requirements could result in legal action under the Civil Aviation Act 1988. The Act provides for both civil and criminal penalties for non-compliance with its provisions, and the severity of the penalties can vary depending on the nature and extent of the breach. For instance, serious breaches that impact aviation safety could lead to substantial fines or even imprisonment, reflecting the critical importance of adhering to the regulations designed to protect the public and ensure the safety and efficiency of the aviation industry.