Commonwealth Numbered Regulations - Explanatory Statements

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CIVIL AVIATION AMENDMENT REGULATIONS 1999 (NO. 6) 1999 NO. 353

STATUTORY RULES 1999 No. 353

Civil Aviation Act 1988

Civil Aviation Amendment Regulations 1999 (No. 6)

Subsection 98(1) of the Civil Aviation Act 1988 (the Act) provides that the Governor-General may make regulations for the purposes of the Act and in relation to the safety of air navigation. In particular, paragraph 98(3)(q) enables the Governor - General to make regulations allowing a person who is alleged to have contravened a specified provision of the regulations to pay to the Civil Aviation Safety Authority (CASA), as an alternative to prosecution, a specified penalty not exceeding an amount equal to one-fifth of the maximum penalty prescribed for contravening the provision.

PURPOSE OF REGULATIONS

The Civil Aviation Regulations 1988 (the Regulations) contains in Division 3 of Part XVI a scheme created in reliance on paragraph 98(3)(q). Under the scheme a person who is alleged to have committed an offence specified in Schedule 2 to the Regulations has the option of paying the appropriate penalty (also specified in Schedule 2) as an alternative to being prosecuted for the alleged offence.

in order to give the scheme a consistent application, the regulations omit Schedule 2 to remove the problem caused by Schedule 2 retaining references to omitted provisions and not including references to offences under more recently introduced provisions, including those in the Civil Aviation Regulations 1998.

The regulations also amend Division 3 so that it applies to all offences under the Regulations (including offences committed under the Civil Aviation Regulations 1998) and so that its wording is consistent with its wider application and, 'm particular, with the revised definitions of "prescribed offence" and "prescribed penalty" in regulation 296A.

The regulations also amend the Regulations to revise the numbering of the headings of Parts, Divisions and Subdivisions by replacing roman and alphanumeric numbering with arable numerals.

The regulations commenced on gazettal.

Details of the regulations are attached.

REGULATION IMPACT STATEMENT

The Office of Regulation Review has stated that a Regulation Impact Statement is not required because the proposals are of a minor or machinery nature and do not substantially alter existing arrangements.

ATTACHMENT

REGULATION 1 (Name of Regulations)

This regulation provides that the Regulations are named the Civil Aviation Amendment Regulations 1999 (No. 6).

REGULATION 2 (Commencement)

This regulation provides that the Regulations commence on Gazettal.

REGULATION 3 (Amendment of Civil Aviation Regulations 1988)

This regulation provides that the Civil Aviation Regulations 1988 are amended as set out in Schedule 1.

SCHEDULE 1

[1] Item 1 replaces regulation 296A (definitions for Division 3 of Part 16). While the same three terms are defined, two of the three definitions have been altered.

The definition of "prescribed offence" is altered to refer to any offence under the Regulations. The accompanying note makes it clear that the definition includes offences under the Civil Aviation Regulations 1998.

The definition of "prescribed penalty" is altered so that the amount of the administrative fine payable under the scheme is set at an amount that is not more than one-fifth of the maximum penalty that would be payable on prosecution.

[2] Item 2 replaces a reference to "specified penalty" with the term "prescribed penalty for the offence mentioned". The "prescribed penalty" as defined in regulation 296A is the penalty referred to.

[3]       Item 3 replaces a reference to "penalty specified in the notice" with "prescribed penalty".

[4]       Item 4 replaces a reference to "penalty specified in the notice" with "prescribed penalty".

[5] Item 5 replaces paragraph 296E(1)(b) with two new paragraphs to ensure that an infringement notice served for the purpose of the scheme contains essential information, being the name and address of the person on whom the notice is served and the offence that the person is alleged to have committed, together with the provision that the person is alleged to have contravened.

[6] Item 6 amends paragraph 296E(1)(c) by inserting a new paragraph to ensure that the infringement notice sets out the amount of the relevant prescribed penalty.

[7] Item 7 amends paragraph 296E(1)(d) by replacing a reference to "penalty specified in the notice" with "prescribed penalty".

[8] Item 8 amends paragraph 296E(1)(e) by replacing a reference to "penalty specified in the notice" with "prescribed penalty".

[9] Item 9 amends paragraph 296F(b) by replacing a reference to the payment of the penalty specified in the notice with a more precise reference to the payment of the prescribed penalty for the offence.

[10]       Item 10 amends paragraph 296G(1)(a) by replacing a reference to the "penalty specified in the notice" with a reference to the "prescribed penalty for the offence".

[11] Item 11 amends paragraph 296G(2)(a). The purpose of the amendment is to make it clear that the paragraph refers to the prescribed penalty payable for the alleged offence.

[12]       Item 12 amends regulation 2961 to replace a reference to the penalty specified in an infringement notice with a reference to the prescribed penalty.

[13] Item 13 omits Schedule 2 to the Regulations which contains the current prescribed offences and prescribed penalties.

[14] Item 14 renumbers Parts 1 to IV of the Regulations as Parts 1 to 4.

[15] Item 15 renumbers Parts IVA and IVB as Parts 4A and 4B.

[16] Item 16 renumbers Parts VII to XIX consecutively, beginning with 8.

[17] Item 17 renumbers the Divisions in each Part of the Regulations, beginning with 1.

[18] Item 18 renumbers the Subdivisions in each Division of the Regulations, beginning with 1.

[19] Item 19 amends references to Parts, Divisions and Subdivisions to take account of their renumbering.

[20] Item 20 inserts a new regulation 325 in the Regulations. The new regulation provides that a reference to a Part Division or Subdivision in an instrument made before the renumbering takes effect is to be taken as a reference to the Part, Division or Subdivision as renumbered.

Although the last of the Regulations at present is numbered "regulation 323", the new regulation is numbered "regulation 325". This is to allow one of two regulations currently numbered "regulation 322" to be renumbered as "regulation 32C. Because its subject matter differs from that of the 3 preceding regulations, it is considered that the new regulation should follow the existing provisions.