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Legislative changes - Explanatory statementStatutory Rules 2002,No 321

Explanatory statement
Statutory Rules 2002, No 321

Civil Aviation Act 1988
Civil Aviation Amendment Regulations 2002 (No. 9) (97K Adobe Acrobat file)
Attachment - Details of the amending Regulations (20K 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 including in relation to the safety of air navigation.

The Regulations subdivide Part 202 of the Civil Aviation Regulations 1998 (the principal Regulations) into discrete sub parts to provide transitional and savings provisions for the new parts of the principal Regulations as they are made and incorporated into the principal Regulations. The amendments are technical drafting amendments and do not impose any new, or alter existing, regulatory requirements.

There are currently 2 sets of aviation safety regulations made under section 98 of the Act: the Civil Aviation Regulations 1988 (the 1988 Regulations) and the principal Regulations. As part of an extensive review of the aviation safety regulatory requirements in Australia, the 1988 Regulations are gradually being replaced by the principal Regulations. 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.

The first Parts of the principal Regulations commenced in October 1998 with the making of Part 21 and Parts 22 to 35 relating to aircraft and aeronautical products certification requirements and airworthiness standards. Part 202, entitled Transitional, commenced at the same time as Part 21 and Parts 21 to 35 and provided for the necessary transitional provisions resulting from the commencement of Parts 21 to 35.

The Office of Regulation Review (ORR) advises that the preparation of a Regulation Impact Statement is not mandatory for the amendment because it is considered to be minor and machinery of government in nature that will not substantially alter existing arrangements.

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

The Regulations commenced on gazettal.