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Legislative changes - Explanatory statementStatutory Rules 2002 No. 180

Explanatory statement
Statutory Rules 2002 No. 180

Civil Aviation Act 1988
Civil Aviation Amendment Regulations 2002 (No. 3)
Statutory Rules 2002 No. 180

Civil Aviation Amendment Regulations 2002 (No. 3) (14K Adobe Acrobat file)
Issued by the Authority of the Minister for Transport and Regional Services

Explanatory Statement

Subsection 98(1) of the Civil Aviation Act 1998 (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.

Paragraph 98(3)(e) of the Act provides that the Governor-General may make regulations for the operation and use of air route and airway facilities.

The Civil Aviation Regulations 1988 (CAR 1988) are made under section 98 of the Act.

The Regulations omit from Civil Aviation Regulations 1988, existing regulation 261 relating to permissions for land stations to engage in the provision of Aeronautical Mobile Radio Services, which has never been utilised in regulating the aviation industry and is no longer considered necessary for the safety of air navigation, having been replaced by other more relevant legislative controls.

Regulation 261 of the Civil Aviation Regulations 1988 provides that a land station must not engage in the Aeronautical Mobile Radio Service without the permission of the Civil Aviation Safety Authority (CASA). Regulation 261 further provides that a person shall not be employed at a land station as a radio operator engaged in the Aeronautical Mobile Radio Service unless the person has such qualifications and experience relative to the duties to be performed as CASA directs and CASA approves of the person being so employed.

Regulation 261 is no longer considered necessary as no permissions or approvals have been issued under the regulation. In addition, there are other existing and proposed legislative controls that parallel and essentially negate the purpose of the regulation.

The other controls include the following:

  • existing radio station licensing, frequency assignment, and radio transmitter technical performance standards and restrictions which are administered by the Australian Communications Authority (ACA) under the Radiocommunications Act 1992;
  • subregulations 83(2) and (3) of CAR 1988 specify the qualifications and the certification requirements (the aircraft radio telephone operator certificate of proficiency) for aircraft and land aeronautical radio station operators;
  • Airservices Australia controls the usage and frequency assignments in the aeronautical radio-frequency spectrum, under powers delegated to it by the ACA; and
  • Proposed Part 171 of the Civil Aviation Regulations 1998, when promulgated, will require persons or organisations which make radio transmissions in support of air traffic services or air navigation services to hold a certificate under that Part.

The Office of Regulation Review (ORR) has advised that a Regulation Impact Statement (RIS) is not required for this change, as the proposed amendment is considered minor and machinery of government in nature and will not substantially alter existing arrangements.

The Regulations commenced on gazettal.