Commonwealth Numbered Regulations - Explanatory Statements

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Statutory Rules 2002 No. 267

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

Civil Aviation Act 1988

Civil Aviation Amendment Regulations 2002 (No. 6)

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.

The Regulations correct a technical drafting error which occurred when the Civil Aviation Regulations 1988 ("CAR 1988") were amended in 1999.

The original amendment purported to omit Division 6 of Part IV of CAR 1988 and was to commence on 1 January 2000. This amendment was ineffective because an earlier set of amendments renumbered Parts and Divisions in CAR 1988 with effect on 22 December 1999. Division 6 of Part IV was renumbered as Division 5 of Part 4. This renumbering was overlooked in a subsequent set of amendments and Division 6 (now renumbered as Division 5) is still technically in force, although it was intended to be repealed as from 1 January 2000.

The Office of Regulation Review has examined the amendment and concluded that a Regulatory Impact Statement was not required as the Regulations are considered minor and machinery of government in nature and do not alter existing arrangements or have an adverse effect on business.

The Regulations commenced on gazettal.

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