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Annual Report 2005-06: CASA's legislative framework

CASA's legislative framework

Enabling legislation and functions

CASA was established on 6 July 1995 as an independent statutory authority by an amendment to the Civil Aviation Act 1988.

Under section 9 of the Act, we have the primary function of conducting the safety regulation of:

  • civil air operations in Australian territory
  • the operation of Australian registered aircraft outside Australian territory.

Section 9A of the Act requires us to regard the safety of air navigation as the most important consideration in the exercise of our powers and the performance of our functions.

The Civil Aviation Regulations 1988 and the Civil Aviation Safety Regulations 1998, developed under the Civil Aviation Act, provide for general regulatory controls over air navigation safety. The Act and the Regulations allow CASA to issue Civil Aviation Orders on detailed matters of regulation.

CASA is progressively bringing the 1988 Regulations and the Civil Aviation Orders into the 1998 Regulations under its Regulatory Reform Program.

We are also responsible for administering the requirement that operators hold insurance pursuant to the Civil Aviation (Carriers’ Liability) Act 1959.

Other legislation

Other legislation affecting CASA’s exercise of powers and performance of functions includes the:

  • Air Navigation Act 1920
  • Commonwealth Authorities and Companies Act 1997
  • Auditor-General Act 1997
  • Criminal Code Act 1995
  • Ombudsman Act 1976
  • Freedom of Information Act 1982
  • Privacy Act 1988
  • Administrative Appeals Tribunal Act 1975
  • Administrative Decisions (Judicial Review) Act 1977
  • Airports Act 1996
  • Aviation Transport Security Act 2004
  • Aviation Transport Security Regulations 2005
  • Legislative Instruments Act 2003
  • Transport Safety Investigation Act 2002.