Civil Aviation (Savings) Regulations

Overview

The Civil Aviation (Savings) Regulations 1995 were introduced to address the transitionary issues arising from the enactment of the Civil Aviation Legislation Amendment Act 1995. This Act restructured the responsibilities of the Civil Aviation Authority, dividing them between two new entities: the Civil Aviation Safety Authority (CASA) and Airservices Australia. The savings regulations were designed to ensure operational continuity and prevent administrative disruptions by extending the validity of existing subordinate instruments until the end of the 1995-96 financial year, thereby avoiding the immediate need to re-issue over 700 instruments following the commencement of the new authorities. These regulations were issued by the Minister of Transport under the authority granted by subsection 98(1) of the Civil Aviation Act 1988, aiming to maintain the safety and efficiency of air navigation during this transitional period.

Scope and Application

The Civil Aviation (Savings) Regulations 1995 apply to the various subordinate instruments that were in effect under the Civil Aviation Regulations prior to the implementation of the Civil Aviation Legislation Amendment Act 1995. These regulations ensure that the existing instruments remain in force until the end of the 1995-96 financial year, thereby providing continuity of operations and preventing potential administrative disruptions that could arise from the immediate creation of new instruments for the Civil Aviation Safety Authority (CASA) and Airservices Australia. The Regulations extend to all instruments that would otherwise cease to have effect at the end of June 1995, unless they are revoked or varied sooner. This transitional measure is designed to facilitate a smooth transfer of responsibilities between the existing regulatory framework and the newly established authorities. The geographic reach of these regulations is aligned with the Commonwealth jurisdiction, reflecting the national scope of civil aviation regulation in Australia. Any exclusions or exemptions are not specified in the provided text, but the primary focus remains on maintaining operational continuity during the transition period.

Key Provisions

The Civil Aviation (Savings) Regulations 1995 (Cth) (Regulations) primarily address the continuation of certain subordinate instruments under the Civil Aviation Regulations (the existing regulations) in light of significant changes introduced by the Civil Aviation Legislation Amendment Act 1995 (Cth) (the Amending Act). Section 2 of the Regulations defines "subordinate instrument" to include regulations, orders, rules, and other instruments made under the Civil Aviation Act 1988 (Cth) (the Act). Section 3 of the Regulations then provides that each subordinate instrument that would otherwise cease to be in force at the end of June 1995, due to the restructuring of the Civil Aviation Authority's responsibilities, will instead continue in force until the end of June 1996, unless it is sooner revoked or varied. This ensures continuity of operations and mitigates potential administrative disruptions that could arise from the sudden cessation of over 700 instruments. The Regulations impose an obligation on the relevant authorities to allow these instruments to remain in effect until the specified date, barring any earlier revocation or variation. This transitional measure is intended to provide stability and prevent operational interruptions during the period when the Civil Aviation Safety Authority (CASA) and Airservices Australia are being established. The Regulations, therefore, facilitate a smoother transition by allowing existing regulatory frameworks to continue operating until the new authorities are fully operational and capable of assuming their respective roles. Breaches of the provisions in the Regulations could result in civil or administrative consequences, though the specific offences, penalties, or consequences are not detailed within the text. Given the nature of the Regulations, any failure to adhere to their provisions could potentially lead to operational disruptions or legal challenges. However, the primary focus of the Regulations appears to be on ensuring a seamless transition rather than on punitive measures for non-compliance. The Regulations, by design, aim to provide a temporary solution to ensure that the changes introduced by the Amending Act do not cause immediate administrative or operational difficulties.