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.

Project SS 07/10
CASR Part 13 - Machinery changes to move items from CAR 1988 to CASR 1998

Background

CASR Part 13 - Enforcement procedures is only complete in Subpart K.

All other enforcement procedures are still contained in CAR 1988 and will, at some point, need to be moved to the CASRs. Although the current situation has not proven to be overly problematic, it will be useful and efficient to consolidate these processes in Part 13 of CASR 1998, and to reconcile certain inconsistencies in corresponding provisions in the process.

Recognising that CASA’s enforcement procedures must be consistent with overriding Commonwealth administrative and criminal law, it is not intended to propose or introduce any significant substantive changes to existing enforcement processes and procedures at this time. To the extent any such changes may be contemplated, these will be addressed and considered in the future.

In the meantime, a non-substantive consolidation and reconciliation of existing enforcement procedures and processes will make the regulations easier to use, and largely eliminate the need to reproduce similar processes in the substantive Parts of the new regulations as these are developed.

Proposal

The objective of the Project is to identify existing enforcement processes and procedures in CAR 1988 and CASR 1998, to reconcile any discrepancies and inconsistencies in relation to those provisions and to consolidate those processes and procedures in Part 13 of CASR 1998.

The consolidation and reconciliation exercise should make the subject legislation easier to locate, understand and apply. It should also result in a net reduction in the amount of existing regulatory text.

Because no substantively new enforcement processes or procedures will be introduced, and none of the existing enforcement processes or procedures will be substantively altered, the impact on CASA staff and industry stakeholders alike will be minimal.

The project will identify existing enforcement processes and procedures in CAR 1988 and CASR 1998, to reconcile any discrepancies and inconsistencies in relation to those provisions and to consolidate those processes and procedures in Part 13 of CASR 1998.

It is anticipated that instructions can be prepared and provided to OLDP by the end of 2007.

In so far as CASA’s enforcement processes and procedures specified in existing or contemplated regulations must be consistent with overriding Commonwealth administrative and criminal law requirements, and to the extent existing processes and procedures are already consistent with those requirements, the proposed consolidation and reconciliation exercise will affect all aspects of CASA’s regulatory activity. As said, however, the gravity of that impact will be slight. To the extent any regulatory change processes have proceeded without taking account of CASA’s obligation to ensure our enforcement processes and procedures are consistent with overriding legal requirements, there may be some need to revisit aspects of those projects.

Rules affected

CASR Part 13 – Enforcement procedures

Project management

Project Sponsor: Jonathan Aleck 
Project Leader: Adam Anastasi