Legislative changes - Explanatory statement Statutory Rules 2002, No 350
Issued by the Authority of the Minister for Transport and Regional Services
Section 98 of the Civil Aviation Act 1988 (the Act) provides that the Governor-General may make regulations for the purposes of the Act and in relation to the safety of air navigation.
Subsection 9 (1) of the Act specifies that the Civil Aviation Safety Authority (CASA) has the function of conducting safety regulation of civil air operations by means that include developing and promulgating appropriate, clear and concise safety standards and issuing certificates, licences, registrations and permits.
The Civil Aviation Safety Authority (CASA) was established in June 1995 following the restructure of the then Civil Aviation Authority (CAA). The Civil Aviation Act 1988 was amended to establish CASA with functions relating to civil aviation, in particular the safety of civil aviation, and for related purposes.
An extensive review of the aviation safety regulatory requirements in Australia was commenced with a view to restructuring the legislative framework to:
- give effect to Australia's obligations under the Convention on International Civil Aviation (the Chicago Convention of 7 December 1944)
- harmonise Australian aviation safety legislation with international best practices and standards
- organise the existing Regulations into Parts that basically follow the framework and numbering scheme of the Federal Aviation Regulations (FARs) of the USA.
The new regulations were to be developed and called the Civil Aviation Safety Regulations (CASR) to accurately reflect CASA's obligations under the Act to regulate for the safety of civil aviation.
The first of the new regulations commenced in October 1998 with the making of the Civil Aviation Regulations 1998 (the principal Regulations): Part 21, and Parts 22 to 35 relating to aircraft and aeronautical products certification requirements and airworthiness standards. However, the new regulations could not be named CASR because the Act specifically stated 'Civil Aviation Regulations' and thus the word 'safety' could not be introduced in the regulation name. Civil Aviation Amendment Act 2000 (No. 8, 2000) made amendments to the Act, commencing after 8 September 2000, to facilitate the introduction of the new set of regulations by replacing the term 'the Civil Aviation Regulations' with 'the regulations'.
As a consequence of the review, there are currently two sets of aviation safety regulations made under section 98 the Act: the Civil Aviation Regulations 1988 (the 1988 Regulations) and the principal Regulations. The 1988 Regulations are gradually being replaced by the principal Regulations and are to be renamed 'CAR'. However, both sets of regulations will continue to operate concurrently over the next several years until the 1988 regulations have been completely replaced by the principal Regulations.
In order to explain the new safety regulations framework, numbering scheme and the unique regulatory structure, a guide has been developed on how to use the new CASR. The guide is not intended to form part of the regulations or to take the place of reading them, but has been inserted at the front of the CASR to help readers to use them. The guide also provides information on other international regulatory administration bodies and information on how users may seek to change the regulations, how CASA conducts consultation and the general rulemaking process.
Consequential technical drafting amendments are made to reflect the name change across both the 1988 Regulations and the principal Regulations. In addition, existing provisions have been renumbered to reflect the new framework, Part numbering and regulation numbering in the CASR.
The Regulations amend the principal Regulations to implement a change of name to the Civil Aviation Safety Regulations 1998 (CASR) and makes consequential technical drafting amendments that:
- introduce a guide for users and readers of the CASR to help them understand the CASR framework, structure and numbering style
- incorporate changes to the layout and structure of the CASR to accord with the agreed regulatory framework, and the Part and regulation numbering
- incorporate the regulation name change and consequences of the change across the 1988 Regulations and the new CASR.
The Office of Regulation Review (ORR) has advised a Regulation Impact Statement is not required for these Regulations.
Details of the Regulations are set out in the Attachment The Regulations commenced on Gazettal.