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Legislative changes - Explanatory statementStatutory Rules 2002,No 319

Explanatory statement
Statutory Rules 2002, No 319

Civil Aviation Act 1988
Civil Aviation Amendment Regulations 2002 (No. 7) (41K Adobe Acrobat file)
Attachment - Details of the amending Regulations (28K Adobe Acrobat file)

Issued by the Authority of the Minister for Transport and Regional Services

Explanatory Statement

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.

Regulation 5.38 of the Civil Aviation Regulations 1988 (CAR 1988) empowers a person employed by the Civil Aviation Safety Authority (CASA) as a senior flying operations inspector to give notice to the holder of a flight crew licence, a special pilot licence, a certificate of validation, a flight crew rating or an aircraft endorsement, requiring the holder to undertake an examination to demonstrate that he or she continues to posses the appropriate aeronautical skills and knowledge. Under regulation 5.39 of the CAR 1988, a decision by a senior flying operations inspector to issue such a notice is reviewable by a person employed by CASA as a regional manager. As a result of restructuring in CASA, the positions of senior flying operations inspector and regional manager have been abolished.

The Regulations remove references to specific positions in CASA appearing in the CAR 1988 so that the power to require the holder of the licence, certificate, rating or endorsement to undertake an examination would simply be exercised by CASA. That power would then be delegated to appropriate CASA staff. A decision by CASA to require an examination would be subject to review by the Administrative Appeals Tribunal.

As the amendments are of a minor or machinery nature and do not substantially alter the existing regulatory arrangements, the Office of Regulation Review has confirmed that preparation of a Regulation Impact Statement is not required.

Details of the amending Regulations are set out in the Attachment.

The Regulations commenced on gazettal.