Civil Aviation (Transitional—CAA Staff Members’ Superannuation) Regulations 2018

Administered by Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts

Legislation au F2018L01028 Regulations In force Legislative Instrument

Legislation content

EXPLANATORY STATEMENT

 

Issued by the authority of the Deputy Prime Minister and Minister for Infrastructure and Transport

 

Civil Aviation Legislation Amendment Act 1995

 

Civil Aviation (Transitional – CAA Staff Members’ Superannuation) Regulations 2018

 

The Civil Aviation Legislation Amendment Act 1995 (the Act) deals with the transitional and savings provisions required to ensure continuity of operations, ownership of assets, responsibility for liabilities, rights and obligations following the abolition of the Civil Aviation Authority (CAA) and the creation of Airservices Australia (AA) and the Civil Aviation Safety Authority (CASA).

 

Subsection 22(1) of the Act provides that the Governor-General may make regulations prescribing matters required or permitted by this Act to be prescribed; or necessary or convenient to be prescribed for carrying out or giving effect to this Act. Subsection 22(2) of the Act provides that the Governor-General may, in particular, make regulations in relation to transitional matters arising out of the abolition of the CAA and its replacement by AA and CASA, or otherwise arising out of the enactment of the Act or the Air Services Act 1995.

 

The purpose of the Civil Aviation (Transitional – CAA Staff Members’ Superannuation) Regulations 2018 (the Regulations) is to repeal the Civil Aviation Legislation Amendment (Transitional Provisions) Regulations 1995 (the 1995 Regulations) which is due to sunset on 1 April 2019 and remake one ongoing transitional matter preserving the rights of CASA and AA staff under the CAA Staff Superannuation Fund (known in 2018 as AvSuper).

 

Consultation

 

The Department of Infrastructure, Regional Development and Cities consulted CASA and AA in relation to 1995 Regulations.  Both AA and CASA advised that the regulations are spent, except for the need to preserve the rights of CASA and AA staff that are members of AvSuper.

 

In March 2017, the Department circulated a draft analysis of options to preserve the effect of the superannuation regulation to AA, CASA, the Department of Finance, Attorney-General’s Department and the Office of Parliamentary Counsel.  In January 2018, the Department consulted with AA, CASA and the AvSuper Fund on the content of the regulations.  All agencies support the chosen option and content of the Regulations.

 

Regulation Impact Statement

 

The Office of Best Practice Regulation assessed that the proposal amendments will have minor impacts on business, community organisations or individuals and that no further analysis in the form of a Regulation Impact Statement was required (OBPR ID: 22601).

 

Statement of Compatibility with Human Rights

 

A Statement of Compatibility with Human Rights is at Attachment A.

 

The Regulations are a legislative instrument for the purposes of the Legislation Act 2003. Details of the Regulations are set out in Attachment B.

 

The provisions of the Civil Aviation (Transitional – CAA Staff Members’ Superannuation) Regulations 2018 commence the day after registration on the Federal Register of Legislation.

 

Authority:  Subsection 22 of the

Civil Aviation Legislation Amendment Act 1995

ATTACHMENT A

 

 

Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

 

Civil Aviation Legislation Amendment (Transitional Provisions) Regulations 2018

 

This legislative instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in Section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

 

Overview of the Disallowable Legislative Instrument

The legislative instrument repeals the Civil Aviation Legislation Amendment (Transitional Provisions) Regulations 1995 which provided for a number of transitional matters arising out of the abolition of the Civil Aviation Authority (CAA) and its replacement by the Airservices Australia (AA) and the Civil Aviation Safety Authority (CASA).  With the exception of the regulations relating to superannuation (regulation 9), all of the regulations have been spent.  The legislative instrument preserves the rights of CASA and AA staff under the CAA Staff Superannuation Fund (known as AvSuper in 2018).

 

The legislative instrument provides that a CASA or Airservices staff member who was a member of the CAA Staff Superannuation Fund is taken not to have ceased to be a member due to the abolition of the CAA.

 

Human rights implications

This legislative instrument engages the right of everyone to the enjoyment of just and favourable conditions of work in Article 7 of the International Covenant on Economic, Social and Cultural Rights, because it supports membership of, and entitlement to, payment from the superannuation fund.

 

 

 

Conclusion

The legislative instrument is compatible with human rights.

 


ATTACHMENT B

 

Details of the Civil Aviation (Transitional – CAA Staff Members’ Superannuation) Regulations 2018

 

Section 1 - Name of Regulations

 

This section provides that the title of the Regulations is the Civil Aviation (Transitional – CAA Staff Members’ Superannuation) Regulations 2018.

 

Section 2 - Commencement

 

This section provides that the Regulations commence on the day after the instrument is registered on the Federal Register of Legislation.

 

Section 3 - Authority

 

This section provides that the Regulations are made under the Civil Aviation Legislation Act 1995.

 

Section 4 - Schedules

 

This section provides that each instrument that is specified in a Schedule to the instrument will be amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to the instrument will have effect according to its terms.

 

Section 5 - Definitions

 

This section provides definitions for a number of terms used in the Regulations.

 

Section 6 - Superannuation of transferring Civil Aviation Authority staff members

 

Section 6 preserves the rights of relevant Civil Aviation Safety Authority (CASA) and Airservices Australia (AA) staff under the Civil Aviation Authority Staff Superannuation Fund, known in 2018 as AvSuper. 

 

In particular, it ensures that:

  • a staff member's employment is continuous for all purposes related to the Superannuation Fund;
  • a staff member's benefits under the Superannuation Fund are unaffected by prior employment with the Civil Aviation Authority (CAA); and
  • a staff member's benefits do not crystallise as a result of the abolition of the CAA.

 

While this section refers to the Trust Deed that established the Superannuation Fund, the regulations do not apply, adopt or incorporate the Trust Deed as in force from time to time, rather the regulations modify the operation of the Trust Deed so that it does not disadvantage employees who transferred from the CAA to AA or CASA when the CAA was abolished.

 

Schedule 1 – Repeals

 

Item 1 of the schedule provides for the repeal of the Civil Aviation Legislation Amendment (Transitional Provisions) Regulations 1995.

 

Overview

The Civil Aviation Legislation Amendment Act 1995 (the Act) was enacted to address the transitional and savings provisions required to ensure continuity of operations, ownership of assets, responsibility for liabilities, rights and obligations following the abolition of the Civil Aviation Authority (CAA) and the creation of Airservices Australia (AA) and the Civil Aviation Safety Authority (CASA). This Act was passed by the Parliament of Australia, aiming to facilitate a smooth transition in civil aviation operations by establishing necessary legal frameworks. The Civil Aviation (Transitional – CAA Staff Members’ Superannuation) Regulations 2018 were subsequently introduced to preserve the superannuation rights of CASA and AA staff members who were previously members of the CAA Staff Superannuation Fund, now known as AvSuper, following the sunset of the Civil Aviation Legislation Amendment (Transitional Provisions) Regulations 1995 on 1 April 2019. These regulations ensure that the rights and benefits of affected staff members are maintained without disruption, thereby safeguarding their entitlements as they transitioned from the CAA to the new entities.

Scope and Application

The Civil Aviation Legislation Amendment Act 1995, and its accompanying Civil Aviation (Transitional – CAA Staff Members’ Superannuation) Regulations 2018, applies to the transitional and savings provisions necessary to ensure continuity of operations, ownership of assets, responsibility for liabilities, rights and obligations following the abolition of the Civil Aviation Authority (CAA) and the creation of Airservices Australia (AA) and the Civil Aviation Safety Authority (CASA). The Act ensures the preservation of superannuation rights for CASA and AA staff members who were previously members of the CAA Staff Superannuation Fund, now known as AvSuper. This legislative framework applies to the Commonwealth of Australia, providing a clear legal structure for the transition of responsibilities and rights from the CAA to its successor entities. The Regulations specifically repeal the 1995 transitional provisions, except for those related to superannuation, and remake one ongoing transitional matter to preserve the rights of CASA and AA staff under AvSuper. The Regulations are made under the authority of the Civil Aviation Legislation Amendment Act 1995 and commence on the day after registration on the Federal Register of Legislation.

Key Provisions

The Civil Aviation (Transitional – CAA Staff Members’ Superannuation) Regulations 2018, under the authority of the Civil Aviation Legislation Amendment Act 1995, primarily focus on preserving the superannuation rights of staff members who transitioned from the abolished Civil Aviation Authority (CAA) to Airservices Australia (AA) and the Civil Aviation Safety Authority (CASA) (Section 6). This section ensures that the continuity of employment and benefits under the CAA Staff Superannuation Fund, now known as AvSuper, remains uninterrupted for these staff members. It also specifies that their benefits do not crystallise as a result of the abolition of the CAA, thereby maintaining the integrity of their superannuation entitlements. The Regulations explicitly state that the Trust Deed governing the Superannuation Fund is not adopted or incorporated in its entirety, but rather, its operation is modified to prevent any disadvantage to employees transitioning from the CAA to AA or CASA. The Act imposes specific obligations on Airservices Australia and the Civil Aviation Safety Authority to ensure the effective implementation of the Regulations. These obligations include maintaining accurate records of employee transitions and ensuring that the benefits under the CAA Staff Superannuation Fund are accurately calculated and paid out. Both entities are required to cooperate with the AvSuper Fund to ensure that the transition provisions are adhered to and that employees’ superannuation rights are protected. The entities must also provide necessary information to the Department of Infrastructure, Regional Development and Cities as required for the oversight and administration of the Regulations. Failure to comply with the provisions of the Regulations may result in legal consequences. While specific penalties are not detailed in the explanatory statement, breaches of regulations under the Civil Aviation Legislation Amendment Act 1995 can generally lead to fines, administrative actions, or other enforcement measures. The seriousness of the breach would determine the exact nature and severity of the consequences, with potential civil or criminal penalties applicable depending on the circumstances. The Act provides a framework within which these consequences can be pursued to ensure compliance and the protection of staff rights.

Legal classification tags

Area of Law
Administrative Law
Instrument
Regulation
Concepts
Commencement Provisions
Transitional Provisions
Rights & Protections

Interactions

Authorises

All Versions

Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.