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Notification of Making of Amendment Regulations to CASR 1998, CAR 1988

Notification of Making of Amendment Regulations
Civil Aviation Safety Regulations 1998, Civil Aviation Regulations 1988

Civil Aviation Amendment Regulations 2004 (No. 2)
Stat Rules 2004 No. 216

Issued under the authority of the Minister for Transport and Regional Services

Civil Aviation Safety Amendment Regulations 2004 (No.2) (50kb)
Attachment - Details of the amending Regulations (24K Adobe Acrobat file)

Explanatory Statement

Subsection 98(1) of the Civil Aviation Act 1988 (the Act) provides, in part, that the Governor-General may make regulations, not inconsistent with the Act, prescribing matters required or permitted by the Act to be prescribed or necessary or convenient to be prescribed for carrying out or giving effect to the Act, and regulations in relation to safety of air navigation, being regulations with respect to matters with respect to which the Parliament has power to make laws.

The Regulations amend the Civil Aviation Regulations 1988 (CAR) and the Civil Aviation Safety Regulations 1998 (CASR) to provide for a change of name by a body, which administers certain sports aviation activities in Australia.

The Australian Ultralight Federation Inc. (AUF) is a body incorporated under the Associations Incorporation Act 1991 of the Australian Capital Territory. It has, for many years, administered rules for operating and maintaining certain small aeroplanes commonly known as ‘ultralights’, under arrangements with the Civil Aviation Safety Authority (CASA). In order to do so, a number of regulations in CAR and CASR made reference to the AUF, and aeroplanes operated and maintained in accordance with the rules of the AUF were exempt from a number of provisions of CAR and CASR through the operation of Civil Aviation Orders (CAOs).

Recently, the membership of the AUF voted to change the organisation’s name to Recreational Aviation Australia Inc. (RAA), which name change occurred on 28 April 2004. Although the change of name did not result in a change of legal entity there was some doubt about the legal effect of the name change on the exemptions currently given to the AUF. To avoid this doubt, it was decided to amend the references to the “AUF” (whether its full name or its acronym) in the CAR, the CASR and the CAOs to the “RAA”.

The Regulations, therefore, amend the CAR and the CASR to change the references to the AUF to the RAA. The relevant CAOs will be amended separately by an amending CAO to be made by the Director of CASA. It is planned that both the Regulations and the CAO amendments will be gazetted, and therefore commence, at the same time.

The Office of Regulation Review (ORR) has assessed that the regulations have only a minor impact on business and that the preparation of a Regulation Impact Statement (RIS) is not mandatory.

The Regulations commenced on the date of their notification in the Gazette.