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Project SS 07/10 - Subpart 13.K of CASR - Machinery changes to move items from CAR 1988 to CASR 1998
CASR Part 13 - Enforcement procedures is only complete in Subpart K.
The majority of enforcement procedures are still contained in CAR 1988 and, need to be moved to the CASRs. It will be useful and efficient to consolidate these processes in Part 13 of CASR 1998, and to reconcile certain inconsistencies in corresponding provisions in the process.
Recognising that CASAs enforcement procedures must be consistent with overriding Commonwealth administrative and criminal law, it is not intended to propose or introduce any significant substantive changes to existing enforcement processes and procedures at this time.
In the meantime, a consolidation and reconciliation of existing enforcement procedures and processes will make the regulations easier to use, and largely eliminate the need to reproduce similar processes in the substantive Parts of the new regulations as these are developed.
The objective of the Project is to identify existing enforcement processes and procedures in CAR 1988 and CASR 1998, to reconcile any discrepancies and inconsistencies in relation to those provisions and to consolidate those processes and procedures in Part 13 of CASR 1998.
The consolidation and reconciliation exercise should make the subject legislation easier to locate, understand and apply. It should also result in a net reduction in the amount of existing regulatory text.
The project will identify existing enforcement processes and procedures in CAR 1988 and CASR 1998, to reconcile any discrepancies and inconsistencies in relation to those provisions and to consolidate those processes and procedures in Part 13 of CASR 1998.
OLDP has advised it will have a consultation draft prepared in early 2012.
In so far as CASA's enforcement processes and procedures specified in existing or contemplated regulations must be consistent with overriding Commonwealth administrative and criminal law requirements, and to the extent existing processes and procedures are already consistent with those requirements, the proposed consolidation and reconciliation exercise will affect all aspects of CASA's regulatory activity. As said, however, the gravity of that impact will be minor.
This project is associated with Part 13 of CASR.
|Consultation updates in 2007|
|Project SS 07/10 - CASR Part 13 - Machinery changes to move items from CAR 1988 to CASR 1998||New project SS 07/10 approved by General Manager, Legal Services Group and was registered on 31 August 2007.||31 Aug 2007|
Technical lead: Joe Rule, Branch Manager Litigation, Investigations & Enforcement
Policy manager: Executive Manager, Legal & Regulatory Affairs