Current projects
SS 07/10 – CASR Part 13 - Machinery changes to move items from CAR 1988 to CASR 1998
History
31 Aug 2007
Project SS 07/10 - CASR Part 13 - Machinery changes to move items from CAR 1988 to CASR 1998
New project SS 07/10 approved by General Manager, Legal Services Group and was registered on 31 August 2007.
Current rule
CASR Part 13 – Enforcement
CASR Part 13 consolidated and largely replaced certain 1988 Civil Aviation Regulations (Parts 16 to 19, and regulations 33, 5.38, 5.39, 107 and 117) with no substantive changes in content. However, the provisions have been simplified and modernised, and brought into line with current Commonwealth law enforcement policies and the Criminal Code Act 1995. The Part also enhanced and supported the enforcement provisions in Part III of the Civil Aviation Act 1988.
This Part provided for such matters as:
- CASA's powers to cancel, suspend or vary authorisations for cause (subject to Part III of the Civil Aviation Act 1988);
- the issue of infringement notices for regulatory breaches;
- administration of the demerit point scheme;
- CASA's powers to require testing and examination of authorisation holders;
- routine audit and surveillance powers of CASA inspectors; and
- general matters in relation to enforcement processes, such as:
- identification of aircraft operators and pilots;
- surrender of authorisation and aviation documents;
- time for commencing prosecutions;
- certification of evidence;
- protection of persons providing information to CASA;
- detention of aircraft; and
- publication of enforcement action.
Who Part 13 affects
- Those in the aviation community who hold a licence, certificate or other authorisation granted by CASA; and
- Those who are required to comply with CASA regulations.
Key proposals
CASR Part 13 largely replicates, without substantive changes, many of the provisions of the existing CARs. However, it is proposed that Part 13 introduce a number of new concepts to the civil aviation legislation, including:
- a rebuttable presumption that a registered operator is the operator of an aircraft at any particular time;
- a requirement for an aircraft operator to identify a pilot of an aircraft at any particular time; and
- protection for persons providing safety-related information to CASA in good faith.
Subpart 13.K is titled Voluntary reporting and demerit points schemes. Subpart K prescribes details necessary for the operation of the aviation safety reporting scheme (ASRS) and demerit point scheme set out in Divisions 3C and 3D of Part III of the Civil Aviation Act 1988, respectively.
The ASRS is administered by the Australian Transport Safety Bureau. The objective of the scheme is the promote the voluntary reporting of contraventions of the civil aviation safety law for safety research and analysis purposes. In return for reporting under the scheme, a person is protected against administrative action by CASA for the contravention. The regulations specify which offences cannot be reported, who the reports are to be made to (the Executive Director of the ATSB), and how the reports are to be made.
Subpart 13.K also supports the demerit point scheme in Division 3D of Part III of the Act, by defining which offences demerit points can be incurred for, how many demerit points are incurred, and which certificates, licences and approvals they are incurred against.