Go to top of page

Legislative changes - Making of CAO Part 52, Section 52.1 Directions under Regulation 99A of CAR 1988 Class A Airspace

Making of CAO Part 52, Section 52.1
Directions under Regulation 99A of CAR 1988
Class A Airspace

Civil Aviation Amendment Order (No. 3) 2002 (151K Adobe Acrobat file)

Explanatory Statement

Subregulation 99AA (5) of the Civil Aviation Regulations 1988 (the Regulations) provides that CASA may give directions or instructions about the use of a class of airspace.

Civil Aviation (Amendment) Order (No.16) 2001, made on 25 October 2001 under subregulation 99AA (5) of the Regulations, inserted a new Part 52 in the Civil Aviation Orders (CAOs). It set out CASA's directions about the use of so much of Class A airspace that coincides with that part of RVSM airspace that, under international agreement, is controlled by Australia (i.e. Australia's domestic airspace and all oceanic airspace administered by Australia).

As a disallowable instrument, the Order was required to be gazetted and tabled in both Houses of Parliament. The Order was forwarded for tabling in the House of Representatives and the Senate on 25 October 2001.

On 25 October 2001 a request was sent to the Gazette Office requesting that notification of the making of the Order be published in the Commonwealth of Australia Gazette on 31 October 2001. As usual the form of notice to be published was attached to the request.

Although receipt of the request was acknowledged by the Gazette Office, a routine check this month revealed that the notice was not published as requested in the Gazette of 31 October 2001. The new Part 52 was to come into effect on 1 November 2001.

As a result of the failure to publish, Part 52 did not come into effect on 1 November 2001 as intended. It is therefore necessary to remake Part 52 as it is not possible to simply regazette the making of the original Part 52.

The new draft order will remake Part 52 in identical terms, except for an altered date in the definition of AIP, and will come into effect on the date of gazettal.

The Office of Regulation Review has previously advised that a Regulation Impact Statement is not required as the amendments are of a machinery nature and do not substantially alter existing arrangements.

This Order comes into effect on gazettal and has been made by the Director of Aviation Safety on behalf of CASA in accordance with subsection 84A (2) of the Civil Aviation Act 1988.