Commonwealth Numbered Regulations - Explanatory Statements

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CIVIL AVIATION AMENDMENT REGULATIONS 2002 (NO. 11) 2002 NO. 350

EXPLANATORY STATEMENT

Statutory Rules 2002 No. 350

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

Civil Aviation Act 1988

Civil Aviation Amendment Regulations 2002 (No. 11)

Section 98 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.

Subsection 9 (1) of the Act specifies that the Civil Aviation Safety Authority (CASA) has the function of conducting safety regulation of civil air operations by means that include developing and promulgating appropriate, clear and concise safety standards and issuing certificates, licences, registrations and permits.

The Civil Aviation Safety Authority (CASA) was established in June 1995 following the restructure of the then Civil Aviation Authority (CAA). The Civil Aviation Act 1988 was amended to establish CASA with functions relating to civil aviation, in particular the safety of civil aviation, and for related purposes.

An extensive review of the aviation safety regulatory requirements in Australia was commenced with a view to restructuring the legislative framework to:

       give effect to Australia's obligations under the Convention on International Civil Aviation (the Chicago Convention of 7 December 1944),

       harmonise Australian aviation safety legislation with international best practices and standards, and

       organise the existing Regulations into Parts that basically follow the framework and numbering scheme of the Federal Aviation Regulations (FARs) of the USA.

The new regulations were to be developed and called the Civil Aviation Safety Regulations (CASR) to accurately reflect CASA's obligations under the Act to regulate for the safety of civil aviation.

The first of the new regulations commenced in October 1998 with the making of the Civil Aviation Regulations 1998 (the principal Regulations): Part 21, and Parts 22 to 35 relating to aircraft and aeronautical products certification requirements and airworthiness standards. However, the new regulations could not be named CASR because the Act specifically stated 'Civil Aviation Regulations' and thus the word 'safety' could not be introduced in the regulation name. Civil Aviation Amendment Act 2000 (No. 8, 2000) made amendments to the Act, commencing after 8 September 2000, to facilitate the introduction of the new set of regulations by replacing the term 'the Civil Aviation Regulations' with 'the regulations'.

As a consequence of the review, there are currently two sets of aviation safety regulations made under section 98 the Act: the Civil Aviation Regulations 1988 (the 1988 Regulations) and the principal Regulations. The 1988 Regulations are gradually being replaced by the principal Regulations and are to be renamed 'CAR'. However, both sets of regulations will continue to operate concurrently over the next several years until the 1988 regulations have been completely replaced by the principal Regulations.

In order to explain the new safety regulations framework, numbering scheme and the unique regulatory structure, a guide has been developed on how to use the new CASR. The guide is not intended to form part of the regulations or to take the place of reading them, but has been inserted at the front of the CASR to help readers to use them. The guide also provides information on other international regulatory administration bodies and information on how users may seek to change the regulations, how CASA conducts consultation and the general rulemaking process.

Consequential technical drafting amendments are made to reflect the name change across both the 1988 Regulations and the principal Regulations. In addition, existing provisions have been renumbered to reflect the new framework, Part numbering and regulation numbering in the CASR.

The Regulations amend the principal Regulations to implement a change of name to the Civil Aviation Safety Regulations 1998 (CASR) and makes consequential technical drafting amendments that:

       introduce a guide for users and readers of the CASR to help them understand the CASR framework, structure and numbering style;

       incorporate changes to the layout and structure of the CASR to accord with the agreed regulatory framework, and the Part and regulation numbering; and

       incorporate the regulation name change and consequences of the change across the 1988 Regulations and the new CASR.

The Office of Regulation Review (ORR) has advised a Regulation Impact Statement is not required for these Regulations.

Details of the Regulations are set out in the Attachment.

The Regulations commenced on Gazettal.

ATTACHMENT

Civil Aviation Amendment Regulations 2002 (No. 11)

DETAILS OF THE AMENDING REGULATIONS

REGULATION 1 - Name of Regulations

Regulation 1 names the amending regulations as the Civil Aviation Amendment Regulations 2002 (No. 11).

REGULATION 2 - Commencement

Regulation 2 provides that the regulations commence on gazettal.

REGULATION 3 - Amendment of Civil Aviation Regulations 1998

(1)       Provides that Schedule 1 amends the Civil Aviation Regulations 1998.

(2)       Provides that Schedule 3 amends the Civil Aviation Safety Regulations 1998 (that is, the Civil Aviation Regulations 1998 as amended by Schedule 1)

REGULATION 4 - Amendment of Civil Aviation Regulations 1988

Regulation 4 provides that Schedules 2 and 4 amend the Civil Aviation Regulations 1988.

Schedule 1 - Amendments of Civil Aviation Regulations 1998

ITEM 1 - Before Part 1

Item 1 inserts in the Regulations, prior to Part 1, a guide on 'How to use the Civil Aviation Safety Regulations 1998'. The guide is intended only to help readers use the regulations effectively and will not form part of the regulations or take the place of reading them.

ITEM 2 - Regulation 1.0

Item 2 is an editorial drafting amendment that amends the title of regulation 1.1 from 'Name of regulations' to read 'Name of Regulations'.

ITEM 3 - Regulation 1.1

Item 3 amends Regulation 1.1, the 'Name of Regulations', to change the name from Civil Aviation Regulations 1998 to the new name, Civil Aviation Safety Regulations 1998.

ITEM 4 - Regulation 1.2

Item 4 deletes the existing Regulation 1.2 that provided the original commencement details of the Regulations in 1998.

ITEM 5 - Regulation 21.0

Item 5 amends the Make-up of this Part, table of contents for Subpart G by inserting references to previously omitted regulations 21.132, definitions for Subpart G and 21.132A, product design.

ITEM 6 - Regulation 21.0

Item 6 clarifies and extends the title of regulation 21.165 to identify it as the responsibility of the holder of a production certificate.

ITEM 7 - Subparagraph 21.3 (5) (a) (ii)

Item 7 amends the incorrect reference to the CAR 1988 Part IVB to read Part 4B following previous changes to the numbering scheme for CAR 1988 from roman numerals to conventional (Arabic) numbering.

ITEM 8 - Subregulation 21.27 (6)

Item 8 provides a reference identification for a table (Table 21.27) containing information on the type of aircraft and regulatory reference relating to an application for a type certificate. See Item 9 that inserts the table title.

ITEM 9 - Subregulation 21.27 (6), before the table

Item 9 inserts a reference and title for the table entitled, 'Table 21.27 Regulations that must be complied with for particular kinds of aircraft' which contains information on the type of aircraft and regulatory reference relating to an application for a type certificate.

ITEM 10 - Part 25, Subpart A, heading

Item 10 amends the regulation by repositioning the heading 'Subpart A General' to its correct position above Regulation 25.0 (Make-up of this Part).

ITEM 11 - Regulation 25.0

Item 11 replaces the existing 'Make-up of this Part' with a more accurate contents list that references all Subparts A, B and C of Part 25.

ITEM 12 - Regulation 45.020

Item 12 amends the incorrect reference to Subpart C of Part 47 to the correct CAR 1988 reference Part 3 following the disallowance of Part 47 and reversion to the previous requirements contained in CAR 1988.

ITEM 13 - Paragraphs 201.4 (j) to (m)

Item 13 rewords paragraph (j) and deletes the references to Part 47 in paragraphs (k), (l) and (m) following the disallowance of Part 47 and reversion to the previous requirements contained in CAR 1988 in regards to an application for a review of decisions.

ITEM 14 - Dictionary, Part 1, definition of APMA

Item 14 repositions the definition for the APMA in alphabetical order to follow the definition of an AOC.

ITEM 15 - Dictionary, Part 1, definition of approved maintenance data

Item 15 amends the reference, contained in the definition, to 'CAR 1988, regulation 2A' to read 'see regulation 2A of CAR' as a result of the name changes from CAR 1998 to CASR and CAR 1988 to CAR.

ITEM 16 - Dictionary, Part 1, definitions of CAR 1988, CAR 1988 airworthiness directive and CAR 1998

Item 16 amends some definitions to reflect the regulation name change from CAR 1998 to CASR:

       'CAR 1988' to read 'CAR which now means the Civil Aviation Regulations 1988'

       'CAR 1988 airworthiness directive' to read 'CAR airworthiness directive'

       'CAR 1998' to read 'CASR means the Civil Aviation Safety Regulations'.

ITEM 17 - Dictionary, Part 1, definition of certificate of registration

Item 17 amends the definition for certificate of registration by deleting the reference to Part 47 and inserting a reference to regulation 13B of CAR following the disallowance of Part 47 and reversion to the previous requirements contained in CAR 1988.

ITEM 18 - Dictionary, Part 1, definition of registered

Item 18 amends the definition for registered by deleting the reference to Part 47 and inserting a reference to Part 3 of CAR following the disallowance of Part 47 and reversion to the previous requirements contained in CAR 1988.

ITEM 19 - Additional amendments - substitution of CAR for CAR 1988

Item 19 amends several provisions and definitions contained in the Dictionary by omitting each mention of 'CAR 1988' and inserting 'CAR' as a result of the name changes from CAR 1998 to Civil Aviation Safety Regulations (CASR) and CAR 1988 to CAR.

ITEM 20 - Additional amendments - substitution of CASR for CAR 1998

Item 20 amends several provisions by omitting each mention of 'CAR 1998' and inserting 'CASR' as a result of the name change from CAR 1998 to Civil Aviation Safety Regulations (CASR).

ITEM 21 - Additional amendments - references to Part 4A of CAR

Item 21 amends several provisions by omitting each mention of 'Part IVA' and inserting 'Part 4A of CAR' due to the renumbering of CAR 1988 regulations from roman numerals to a conventional (Arabic) numbering scheme and the name change of CAR 1988 to CAR.

Schedule 2 - Amendments of Civil Aviation Regulations 1988

ITEM 1 - Subregulation 2 (1), definition of CAR 1998

Item 1 removes the existing definition for 'CAR 1998' from the CAR 1988 definitions as a result of the name change from CAR 1998 to Civil Aviation Safety Regulations.

ITEM 2 - Subregulation 2 (1), after definition of CASA system of certification of completion of maintenance

Item 2 inserts the new definition 'CASR to mean the Civil Aviation Safety Regulations 1998' into the definitions of CAR 1988 as a result of the name change from CAR 1998 to Civil Aviation Safety Regulations.

ITEM 3 - Subregulation 2 (1), definitions of flying training aircraft and flying training area

Item 3 replaces the definitions for flying training aircraft and flying training area following uncertainty as to the regulation effectiveness on making under Statutory Rules 2000 No. 294 and No. 295 at which time the same definitions were subsequently amended.

ITEM 4 - Additional amendments

Item 4 amends several provisions by omitting each mention of 'CAR 1998' and inserting 'CASR' as a result of the name change from CAR 1998 to Civil Aviation Safety Regulations.

Schedule 3 - Renumbering of certain provisions of Civil Aviation Safety Regulations 1998

ITEM 1 - Regulations in Part 1

Item 1 amends the Regulations contained in Part 1 by renumbering them to include the numbers '00' to immediately follow the stop and before the existing number to accord with the agreed harmonised numbering system for the CASR.

ITEM 2 - Part 21, Subparts A to L

Item 2 renumbers the existing Part 21 Subparts identification from the lengthy description of, for example, 'Subpart A of Part 21' to an abbreviated form, for example, 'Subpart 21.A'.

ITEM 3 - Regulations 21.0 to 21.5

Item 3 renumbers the regulations by inserting '00' immediately after the stop and before the existing number to accord with the agreed harmonised numbering system for the CASR.

ITEM 4 - Regulations 21.11 to 21.99

Item 4 renumbers the regulations by inserting '0' immediately after the stop and before the existing number to accord with the agreed harmonised numbering system for the CASR.

ITEM 5 - Subregulation 21.115 (2)

Item 5 amends the subregulation by replacing the lengthy reference to the 'Subpart B of this Part' to the abbreviated form 'Subpart 21.B'.

ITEM 6 - Subregulation 21.121 (2), note

Item 6 amends the subregulation by replacing the reference to 'Subpart G', which currently does not have a Part reference, to the abbreviated form 'Subpart 21.G'.

ITEM 7 - Paragraph 21.267 (b)

Item 7 amends the paragraph by replacing the reference to 'Subpart G', which currently does not have a Part reference, to the abbreviated form 'Subpart 21.G'.

ITEM 8 - Paragraph 21.305 (d)

Item 8 amends the paragraph by replacing the reference to 'Subpart N' which does not contain a Part reference to the abbreviated form 'Subpart 21.N'.

ITEM 9 - Part 21, Subparts N and O

Item 9 renumbers the Subparts reference to the abbreviated form 'Subpart 21.N and Subpart 21.O respectively.

ITEM 10 - Part 21, Subpart Q

Item 10 amends the Subpart Q title by replacing the reference to 'Subpart Q' to the abbreviated form 'Subpart 21.Q'.

ITEM 11 - Part 21, Subpart Q, Divisions 1 to 4

Item 11 renumbers the four Divisions within Subpart Q to the preferred abbreviated reference that identifies the Part, the Subpart and the Division number, for example, '21.Q.1' for Division 1.

ITEM 12 - Regulations 22.0 to 22.9

Item 12 renumbers the regulations by inserting '00' immediately after the stop and before the existing number to accord with the agreed harmonised numbering system for the CASR.

ITEM 13 - Regulations 23.0 to 23.8

Item 13 renumbers the regulations by inserting '00' immediately after the stop and before the existing number to accord with the agreed harmonised numbering system for the CASR.

ITEM 14 - Part 25, Subparts A to C

Item 14 renumbers the Subparts within Part 25 to the preferred abbreviated reference that identifies the Part and the Subpart, for example, '25.A' refers to Subpart A of Part 25.

ITEM 15 - Regulations 25.0 to 25.6

Item 15 renumbers the regulations by inserting '00' immediately after the stop and before the existing number to accord with the agreed harmonised numbering system for the CASR.

ITEM 16 - Regulations 25.11 and 25.13

Item 16 renumbers the regulations by inserting '0' immediately after the stop and before the existing number to accord with the agreed harmonised numbering system for the CASR, for example 25.011.

ITEM 17 - Regulations 26.0 to 26.2

Item 17 renumbers the regulations by inserting '00' immediately after the stop and before the existing number to accord with the agreed harmonised numbering system for the CASR.

ITEM 18 - Regulations 27.0 to 27.4

Item 18 renumbers the regulations by inserting '00' immediately after the stop and before the existing number to accord with the agreed harmonised numbering system for the CASR.

ITEM 19 - Regulations 29.0 to 29.4

Item 19 renumbers the regulations by inserting '00' immediately after the stop and before the existing number to accord with the agreed harmonised numbering system for the CASR.

ITEM 20 - Regulations 31.0 to 31.2

Item 20 renumbers the regulations by inserting '00' immediately after the stop and before the existing number to accord with the agreed harmonised numbering system for the CASR.

ITEM 21 - Regulations 32.0 to 32.4

Item 21 renumbers the regulations by inserting '00' immediately after the stop and before the existing number to accord with the agreed harmonised numbering system for the CASR.

ITEM 22 - Regulations 33.0 to 33.4

Item 22 renumbers the regulations by inserting '00' immediately after the stop and before the existing number to accord with the agreed harmonised numbering system for the CASR.

ITEM 23 - Regulations 35.0 to 35.4

Item 23 renumbers the regulations by inserting '00' immediately after the stop and before the existing number to accord with the agreed harmonised numbering system for the CASR.

ITEM 24 - Regulations 39.0 to 39.7

Item 24 renumbers the regulations by inserting '00' immediately after the stop and before the existing number to accord with the agreed harmonised numbering system for the CASR.

ITEM 25 - Part 45, Subparts A to E

Item 25 renumbers the Subparts within Part 45 to the preferred abbreviated reference that identifies the Part and the Subpart, for example, '45.A' refers to Subpart A of Part 45.

ITEM 26 - Part 45, Subpart B, Divisions 1 to 3

Item 26 renumbers the Divisions within Subpart B of part 45 to the preferred abbreviated reference that identifies the Part, the Subpart and the Division number; for example, '45.B.1' identifies Division 1 of Subpart B of Part 45.

ITEM 27 - Part 200, Subparts A to C

Item 27 renumbers the Subparts within Part 200 to the preferred abbreviated reference that identifies the Part and the Subpart, for example, '200.A' refers to Subpart A of Part 200.

ITEM 28 - Regulations 200.0 to 200.8

Item 28 renumbers the regulations by inserting '00' immediately after the stop and before the existing number to accord with the agreed harmonised numbering system for the CASR.

ITEM 29 - Regulations 200.10 to 200.20

Item 29 renumbers the regulations by inserting '0' immediately after the stop and before the existing number to accord with the agreed harmonised numbering system for the CASR.

ITEM 30 - Regulations 201.0 to 201.4

Item 30 renumbers the regulations by inserting '00' immediately after the stop and before the existing number to accord with the agreed harmonised numbering system for the CASR.

ITEM 31 - References by number to regulations renumbered by this Schedule

Item 31 requires that any cross-references by number to provisions that have been renumbered are consolidated in a formulaic way rather than going through and altering each one individually.

Schedule 4 - References in Civil Aviation Regulations 1988 to renumbered provisions of Civil Aviation Safety Regulations 1998

ITEM 1 - Regulation 56, definition of manufacturer's data plate

Item 1 amends the regulation by replacing the reference to the lengthy description of 'Division 2 of Subpart Q of Part 21' to the abbreviated reference ' Division 21.Q.2'.

ITEM 2 - Subregulation 57 (2)

Item 2 amends the subregulation by replacing the reference to the lengthy description of 'Division 2 of Subpart Q of Part 21' to the abbreviated reference ' Division 21.Q.2'.

ITEM 3 - Subregulation 58 (1)

Item 2 amends the subregulation by replacing the reference to the lengthy description of 'Division 2 of Subpart Q of Part 21' to the abbreviated reference ' Division 21.Q.2'.

ITEM 4 - Paragraph 318 (1) (c)

Item 4 amends the paragraph by replacing the reference to 'Subparts H and L' that do not signify what Part they originate with an accurate reference to the abbreviated reference ' Subparts 21.H and 21.L'.

ITEM 5 - References by number to regulations renumbered by this Schedule

Item 5 requires that any cross-references by number to provisions that have been renumbered are consolidated in a formulaic way rather than going through and altering each one individually.


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