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Project SS 07/09 - CASR Part 11 - Machinery changes to consolidate related procedural provisions in CAR 1988 and CASR 1998 in CASR Part 11

Topic code: 
Special
Project status: 
Closed

Project closure

Amendment regulations made and came into force on 27 June 2011.

Background

CASR Part 11 - Regulatory administrative procedures have been completed in some aspects. Other elements of these procedures appear in discrete CASR Parts however, and corresponding provisions appear in CAR 1988.

This scattering of what are, and what are intended to be, essentially the same procedures throughout the CAR and CASR may create a measure of confusion and uncertainty as to which procedures apply in what circumstances.

Although this has not proven to be overly problematic, it will be useful and efficient to consolidate these processes in a single CASR Part of the regulations, and to reconcile certain inconsistencies in corresponding provisions in the process.

Recognising that CASA's administrative procedures must be consistent with overriding requirements of procedural fairness and administrative law, it is not intended to propose or introduce any significant substantive changes to existing 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 administrative 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 this project is to reconcile non-substantive inconsistencies in the administrative processes and procedures currently set out in various parts of CAR 1988 and CASR 1998, and to consolidate those processes and procedures in Part 11 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 administrative processes or procedures will be introduced, and none of the existing processes or procedures will be substantively altered, the impact on CASA staff and industry stakeholders alike will be minimal.

The project will identify existing administrative 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 11 of CASR 1998.

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

In so far as all of CASA's administrative processes and procedures specified in existing or contemplated regulations must be consistent with overriding Commonwealth legal 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. 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 administrative processes and procedures are consistent with overriding legal requirements, there may be some need to revisit aspects of those projects.

Rules affected

CASR Part 11 - Regulatory administrative procedures

Project management

Project Sponsor: Jonathan Aleck

Project Leader: Adam Anastasi

Documents

Standards Consultative Committee (SCC)

Standards Consultative Committee

History

Title Details Date
Consultation updates in 2011
AC 11-02(2) - Exemptions Against the CASR, CAR and CAO This revised AC has been published. 15 Aug 2011
Project SS 07/09 - CASR Part 11 - Machinery changes to consolidate related procedural provisions in CAR 1988 and CASR 1998 into CASR Part 11 This project is now closed.

Refer to the project closure notes for further information.
5 Jul 2011
NFRM 0806SS - Regulatory Administrative Procedures - Civil Aviation Safety Regulation (CASR) Part 11 This NFRM is now available. 28 Jun 2011
Proposed Amendments to CASR Part 11 - Regulatory administrative procedures Comments are to be sent to Carlie Brewer, carlie.brewer@casa.gov.au Standards Documentation Coordinator by COB 11 February 2011. 21 Jan 2011
Consolidation of CASR Part 11 Comments are to be sent to Carlie Brewer, carlie.brewer@casa.gov.au Standards Documentation Coordinator by COB 11 February 2011. 21 Jan 2011
Consultation updates in 2009
NPRM 0806SS - Regulatory Administrative Procedures - Proposed Amendments to Civil Aviation Safety Regulations (CASR)Part 11 This NPRM closed for comment on 30 January 2009. 2 Feb 2009
Consultation updates in 2007
Project SS 07/09 - CASR Part 11 - Machinery changes to consolidate related procedural provisions in CAR 1988 and CASR 1998 into CASR Part 11 New project SS 07/09 approved by General Manager, Legal Services Group and was registered on 31 August 2007. 31 Aug 2007