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Notification of Making of Civil Aviation Safety Amendment Regulations - CASR Part 13

Notification of Making of Civil Aviation Safety Amendment Regulations
CASR Part 13 - Enforcement procedures

Civil Aviation Safety Amendment Regulations 2004 (No. 1)
Stat Rules 2004 No. 4

Minute No. 01 of 2004 - Minister for Transport and Regional Services
Civil Aviation Safety Amendment Regulations 2004 (No.1) (70kb)
Attachment - Details of the amending Regulations (27kb)

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.

There are currently two sets of aviation safety regulations made under section 98: the Civil Aviation Regulations 1988 (the 1988 Regulations) and the Civil Aviation Safety Regulations 1998 (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 will continue to operate concurrently until the 1988 Regulations have been completely replaced by the Principal Regulations.

Under recent amendments made to the Act by the Civil Aviation Amendment Act 2003 (the Amendment Act), the Act makes provision for a voluntary reporting scheme and a demerit points scheme. The Act also provides that some of the detail in these schemes is to be set out in regulations (see Divisions 3C and 3D of the Act).

The purpose of the Regulations is to amend the Principal Regulations to prescribe the detail and operation of the voluntary reporting scheme and demerit points scheme as required by Divisions 3C and 3D of the Act.

In relation to the voluntary reporting scheme, the Regulations prescribe:

  • contraventions of the 1988 regulations and the Principal Regulations to which the scheme will not apply;
  • the Executive Director of Transport Safety Investigation (Executive Director), established in accordance with section 12 of the Transport Safety Investigation Act 2003, as the prescribed person to whom reports should be made;
  • the functions of the Executive Director in administering the scheme and his/her reporting responsibilities;
  • the purposes of the scheme;
  • the manner in which reports are to be made; and
  • the limitations on the use of information reported.

In relation to the demerit points scheme, the Regulations prescribe:

  • the offences to which the demerit points scheme will apply; and
  • the number of points that will be incurred in relation to an offence;

The Act specifies no conditions that need to be met before the power to make the Principal Regulations may be exercised.

The Regulations commenced on the commencement of item 15 of Schedule 1 to the Amendment Act to coincide with the introduction of the voluntary reporting scheme and demerit point scheme (ie 21 February 2004).

Authority: Section 98 of the Civil Aviation Act 1988