EXPLANATORY STATEMENT
Select Legislative Instrument 2006 No. 185
Issued under the authority of the Minister for Transport and Regional Services.
Civil Aviation Act 1988
Civil Aviation Safety Amendment Regulations 2006 (No. 2)
Subsection 98(1) of the Civil Aviation Act 1988 (the Act) provides, in part, that the Governor-General may make regulations, not inconsistent with the Act, prescribing matters required or permitted by the Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to the Act. That subsection also provides that the Governor-General may make regulations in relation to the safety of air navigation, being regulations with respect to which the Parliament has the power to make laws.
Subsection 9(1) of the Act specifies, in part, that the Civil Aviation Safety Authority (CASA) has the function of conducting the safety regulation of civil air operations in Australian territory by means that include developing and promulgating appropriate, clear and concise aviation safety standards, and issuing certificates, licences, registrations and permits.
Subpart 139.H of the Civil Aviation Safety Regulations 1998, Aerodrome Rescue and Fire Fighting Services (ARFFS) sets out the standards applying to the provision of ARFFS at Australian airports. In particular, Table 139.925 defines the list of organisations that are eligible to apply to CASA for approval as an ARFFS provider. Airservices Australia (Airservices) is currently the primary provider of ARFFS at all airports except Broome and Norfolk Island, which provide their own ARFFS. Table 139.925 also makes provision for alternative providers to supply ARFFS through a sub-contractual arrangement with Airservices.
The Regulations made amendments to Subpart 139.H to add the company Delta Fire Service Pty Ltd (Delta) to the list of eligible ARFFS providers in Table 139.925. The Regulations allow Delta to apply to CASA for approval as an ARFFS provider at Townsville Airport only.
This has the effect of facilitating contestability by allowing Delta to apply for approval to provide ARFFS at Townsville Airport in direct competition with the current primary provider, Airservices.
Government policy is to move towards contestability in the provision of ARFFS, which are currently almost exclusively provided by Airservices. The ARFFS charging structure recently endorsed by the Australian Competition and Consumer Commission includes an element of cross-subsidy which adds complexity to the introduction of contestability. Townsville Airport has been identified as an initial possibility for contestability pending implementation of arrangements for contestability on a broader basis.
While the Regulations make Delta eligible to apply to be an ARFFS provider, the company must obtain CASA’s approval to become a provider.
Consultation under section 17 of the Legislative Instruments Act 2003 has been undertaken with Airservices as the primary ARFFS provider.
The Regulations are a legislative instrument for the purposes of the Legislative Instruments Act 2003.
The Regulations commence on the day after they are registered on the Federal Register of Legislative Instruments.
Overview
The Civil Aviation Safety Amendment Regulations 2006 (No. 2) were enacted to address the need for increased contestability in the provision of aerodrome rescue and fire fighting services (ARFFS) at Australian airports. The Civil Aviation Act 1988 empowers the Governor-General to make regulations for the safety of air navigation, including those necessary for the Civil Aviation Safety Authority (CASA) to carry out its functions. The Regulations amend the Civil Aviation Safety Regulations 1998 to include Delta Fire Service Pty Ltd as an eligible ARFFS provider, enabling it to apply to CASA for approval to operate at Townsville Airport. This change is part of a broader government policy to transition towards contestability in the ARFFS sector, which is currently dominated by Airservices Australia. The Regulations were developed in consultation with Airservices and are a legislative instrument under the Legislative Instruments Act 2003, commencing on the day after their registration on the Federal Register of Legislative Instruments.
Scope and Application
The Civil Aviation Safety Amendment Regulations 2006 (No. 2) pertain to the Civil Aviation Act 1988 and are crafted to enhance the safety and regulation of civil aviation operations within Australian territory. These regulations specifically address the provision of aerodrome rescue and firefighting services (ARFFS) at Australian airports, focusing on facilitating contestability within this sector by allowing alternative service providers to compete with the current primary provider, Airservices Australia. The regulations amend Subpart 139.H of the Civil Aviation Safety Regulations 1998 to include Delta Fire Service Pty Ltd as an eligible ARFFS provider, thereby enabling Delta to apply to the Civil Aviation Safety Authority (CASA) for approval to offer ARFFS at Townsville Airport. This change is a step towards government policy advocating for contestability in ARFFS, recognising the complexity introduced by the recent cross-subsidy element in ARFFS charging structures endorsed by the Australian Competition and Consumer Commission. The eligibility granted under these regulations does not automatically confer approval; Delta must still secure CASA's formal endorsement before becoming an approved ARFFS provider at Townsville Airport. The regulations are designed to be compliant with the overarching Civil Aviation Act 1988 and the Legislative Instruments Act 2003, with consultation having been conducted with Airservices as part of the legislative process.
Key Provisions
The Civil Aviation Safety Amendment Regulations 2006 (No. 2) include specific amendments to Subpart 139.H of the Civil Aviation Safety Regulations 1998, which governs Aerodrome Rescue and Fire Fighting Services (ARFFS) at Australian airports. These amendments add Delta Fire Service Pty Ltd to the list of eligible ARFFS providers in Table 139.925 (section 3). This change means Delta can apply to the Civil Aviation Safety Authority (CASA) for approval to provide ARFFS at Townsville Airport only, enabling competition with the current primary provider, Airservices Australia (section 4). This move aligns with the government's policy to promote contestability in the provision of ARFFS services, which are currently dominated by Airservices. However, Delta must still obtain CASA’s approval before becoming an ARFFS provider, and this process involves meeting the safety standards outlined in the regulations.
The obligations imposed by these Regulations require Delta to adhere to the same safety standards as other ARFFS providers, as stipulated in Subpart 139.H. This includes fulfilling the requirements set out in the Civil Aviation Safety Regulations 1998 to ensure that the ARFFS services provided are safe and effective. Delta must demonstrate to CASA that it can meet these standards through the application process. CASA will assess Delta's capabilities, infrastructure, and personnel to ensure they can provide a safe and reliable ARFFS service at Townsville Airport. Additionally, Delta must comply with any other relevant regulations and guidelines issued by CASA to maintain the high safety standards expected in civil aviation.
Breaching the provisions of these Regulations could result in significant consequences. CASA has the authority to refuse approval if Delta fails to meet the necessary safety standards or does not comply with the regulatory requirements. Such a refusal could prevent Delta from operating as an ARFFS provider at Townsville Airport. Moreover, if Delta operates without proper approval or fails to meet the required standards while providing ARFFS services, this could lead to enforcement actions by CASA. These actions may include fines, penalties, or other legal sanctions. The severity of these consequences underscores the importance of compliance with the safety regulations to ensure the protection of lives and property at Australian airports.