Commonwealth Numbered Regulations - Explanatory Statements

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CIVIL AVIATION AMENDMENT REGULATIONS 2003 (NO. 2) 2003 NO. 75

EXPLANATORY STATEMENT

Statutory Rules 2003 No. 75

Issued under the authority of the Minister for Regional Services, Territories and Local Government

Civil Aviation Act 1988

Civil Aviation Amendment Regulations 2003 (No. 2)

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 the safe regulation of civil air operations by means that include developing and promulgating appropriate, clear and concise aviation safety standards and issuing certificates, licences, registrations and permits.

Paragraph 98(3) (e) and (s) of the Act provides that the power to make regulations includes the power to make regulations for, or in relation to, the planning, construction, establishment, maintenance, operation and use of air route and airway facilities and the planning, construction, establishment, maintenance, operation and use of facilities of the kind referred to in paragraph 8(1)(a) of the Air Services Act 1995, (being facilities for the safe navigation within Australian administered airspace) and services, of the kind referred to in paragraph 8(1)(b) of the Air Services Act 1995, (being, inter alia, air traffic services, rescue and fire fighting services, an aeronautical radio navigation service, and an aeronautical telecommunications service).

The Regulations amended the Civil Aviation Safety Regulations 1998 (herein termed the Aviation Safety Services Regulations) by revising the requirements for the provision of certain airport services, changing some administrative arrangements and attending to other technical matters in accordance with an undertaking made in the Parliament by the Minister for Transport and Regional Services.

The Regulations addressed concerns that:

       much of the detail of the regulatory regime for aviation safety services was put in Manuals of Standards (MOSs), which were not subject to Parliamentary scrutiny;

       the Aviation Safety Services Regulations provided for the regulation and approval of any person to provide the services, which to date have been provided predominantly by Airservices Australia. The Regulations were therefore seen as part of a "back-door" attempt by Government to privatise Airservices;

       the Aviation Safety Services Regulations required certain aerodrome operators to arrange for the provision of aerodrome rescue and fire fighting services (ARFFS), which a few airport owners objected to;

       provisions relating to the characteristics of personality and psychological attributes of applicants for, and holders of, air traffic controller licences were potentially draconian; and

       the Aviation Safety Services Regulations contained technical errors.

The Regulations amended the Aviation Safety Services Regulations to include:

       Manual of Standards (MOSs) published by CASA, incorporated by reference into each Part of the Aviation Safety Services Regulations, are made disallowable instruments under the Acts Interpretation Act 1901, with CASA to fulfil certain public notification and consultation processes prior to issue or any amendment of a MOS;

       CASA can only grant approvals to those prospective providers of Aerodrome Rescue and Fire Fighting Services (ARFFS), Air Traffic Services (ATS), Air Traffic Service Training, and Aeronautical Telecommunication/Aeronautical Navigation services that are specifically nominated in the Regulations. CASA is empowered to limit approvals granted to contractors and agents of Airservices to the scope of the commercial arrangement that exists between Airservices and the contractor or agent. When such a contract or arrangement ceases, CASA is empowered to cancel the contractor's or agent's approval;

       Aerodrome operators will not be obliged to ensure the provision of ARFFS as a requirement for the holding of an aerodrome licence;

       References to personality characteristics and psychological attributes of applicants for, and holders of, air traffic controller licences have been removed from Part 65. CASA will rely instead on existing medical standards for air traffic controllers to address the safety issues arising from such matters; and

       The Australian Defence Force and officers of the Defence Force acting in the course of their duties will not be subject to the Aviation Safety Services Regulations.

In addition, a number of miscellaneous amendments have been made to address the consequential changes mentioned above, as well as various technical changes or corrections of omissions, since the Regulations were first drafted.

The Office of Regulation Review (ORR) advised that the preparation of a Regulation Impact Statement (RIS) is not mandatory for the Regulations. However, the ORR approved minor adjustments being made to the two original Regulation Impact Statements (CASA #005 and CASA #003) that were previously approved by the ORR for the Aviation Safety Services Regulations.

Details of the Regulations are set out in the Attachment.

Regulations 1 to 4 and Schedules 1 and 2 commenced on 1 May 2003 and coincided with the commencement of the principal Aviation Safety Services Regulations.

Schedule 3 commenced on 3 May 2003 and inserted amendments to Subpart 139.H into Part 139 which commenced on 2 May 2003.

ATTACHMENT

Civil Aviation Amendment Regulations 2003 (No. 2)

DETAILS OF THE AMENDING REGULATIONS

Regulation 1 - Name of Regulations

Regulation 1 names the amending regulations as the Civil Aviation Amendment Regulations 2003 (No. 2).

Regulation 2 - Commencement

Regulation 2 provides that regulations 1 to 4 and Schedules 1 and 2 commence on 1 May 2003; and Schedule 3 commences on 3 May 2003.

Regulation 3 - Amendment of Civil Aviation Safety Regulations 1998

Regulation 3 provides that Schedule 1 amends the Civil Aviation Safety Regulations 1998 as amended by the Civil Aviation Amendment Regulations 2002 (No. 2) and that Schedule 3 amends the Civil Aviation Safety Regulations 1998.

Regulation 4 - Amendment of Civil Aviation Regulations 1988

Regulation 4 provides that Schedule 2 amends the Civil Aviation Regulations 1988 as amended by the Civil Aviation Amendment Regulations 2002 (No. 2).

Schedule 1 - Amendments of Civil Aviation Safety Regulations commencing on 1 May 2003

Items 1 to 4 - Regulation 65.000

Items 1 to 4 amend the table of contents for Part 65 as a consequence of the other amendments in the Amending Regulations.

Item 5 - Regulation 65.005, Applicability of this Part

Item 5 substitutes a new regulation 65.005 - Applicability of this Part.

New Regulation 65.005 - Applicability of this Part

This Regulation is in substitution for the existing regulation 65.005. New subregulation (1) mirrors the existing regulation, but new subregulation (2) has the effect of excluding officers of the Defence Force acting in the course of their duties from the operation of Part 65.

Item 6 - Regulation 65.010, definition of Manual of Standards

Item 6 replaces the phrase 'published by CASA' with the phrase 'as issued by CASA under regulation 65.033,'. This amendment ensures that the definition of Manual of Standards in Part 65 refers to the document which CASA is expressly authorised to issue, as a disallowable instrument, under the new regulations dealing with MOSs (see Item 7).

Item 7 - After Regulation 65.030

Item 7 inserts new regulations 65.033, 65.033A, 65.033B, 65.033C, 65.033D, 65.033E, 65.033F, 65.033G and 65.033H. The purpose of these provisions is to make a MOS subject to Parliamentary scrutiny (via the tabling and disallowance process) and to require CASA to undertake a formal notification and consultation process to make or amend a MOS.

New Regulation 65.033 - Issue of Manual of Standards

This regulation specifies that CASA may issue a MOS for Part 65 in relation to specified subject matters. The power to issue a MOS under regulation is authorised by subsection 98 (5A) of the Civil Aviation Act 1988, and by operation of subsection 98 (5B) of the Act, such a MOS is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.

New Regulation 65.033A - Notice of intention to issue Manual of Standards

This regulation provides that CASA must, before it issues a MOS, publish a notice of its intention to do so on the World Wide Web, in the Gazette, and by giving a copy to each existing service provider. CASA must provide certain information in the notice, and invite people to submit comments on the proposed MOS. CASA must provide a minimum of 28 days for people to make comment.

New Regulation 65.033B - Comments on draft Manual of Standards

This regulation provides that a person may comment on a draft MOS in accordance with the notice mentioned in Regulation 65.033A.

New Regulation 65.033C - CASA to consider comments on draft Manual of Standards

This regulation provides that CASA must, before issuing a MOS, consider any comments received on the draft MOS and consult with any persons it considers necessary on issues arising out of the comments.

New Regulation 65.033D - Consultation procedures not required in certain cases

This regulation provides that the Director of Aviation Safety may, in writing, determine the procedures mentioned in regulations 65.033A, 63.033B and 65.033C do not need to be complied with in certain specified circumstances. These circumstances are related to urgency for safety, security, or other public interest reasons, or where Government has otherwise undertaken or agreed to an amendment to the MOS. Where the Director has concluded that an urgent amendment to a MOS is necessary for safety reasons, he or she must still promptly undertake consultation on the amendment, albeit after the amendment has been made (the Director can then make further amendments to the MOS as a result of those consultations, if necessary) - see new regulation 65.033E, below. The determination by the Director and statement of reasons for the determination must be published by CASA on the World Wide Web and in the Gazette, within 28 days.

New Regulation 65.033E - Consultation after issuing a Manual of Standards

This regulation specifies if a MOS is issued by CASA on the basis of a determination made under paragraph 65.033D (1) (a), CASA must, within 28 days, publish a notice to consult on the urgent MOS. The regulation also specifies Regulations 65.033B and 65.033C apply to the urgent MOS as if it was a draft MOS.

New Regulation 65.033F - Procedure for amendment or revocation of Manual of Standards

Regulations 65.033A to 65.033E (the public consultation procedures) are drafted to apply to the issue of a MOS. This regulation makes it clear that those same procedures apply to an amendment or revocation of a MOS in the same way as they apply to the issue of a MOS.

New Regulation 65.033G - Failure to comply with procedures not to affect validity of Manuals of Standards

This regulation specifies that failure to comply with the procedures in regulations 65.033A to 65.033E in relation to a MOS does not affect the validity of the MOS. This ensures that defects in the process of issuing or amending a MOS do not affect its legal validity.

New Regulation 65.033H - Inconsistency between Manual of Standards and Act or Regulations

This regulation provides that if there is an inconsistency between a MOS and a provision in the Act or these regulations, the provision of the Act or these Regulations prevails to the extent of the inconsistency.

Item 8 - Subregulation 65.045 (4)

Item 8 standardises terminology by replacing "aerial navigation" with the term "air navigation".

Item 9 - Regulation 65.065

Item 9 substitutes a new regulation 65.065 Authority to use ground-based radio equipment.

New Regulation 65.065 - Authority to use ground-based radio equipment

This regulation extends the authority to use radiocommunication equipment to include persons employed by an air traffic service provider as well as air traffic controllers and flight service officers. The purpose of the substitution is to permit people employed by ATS providers, but who are not licensed under Part 65, to operate ground-based radio equipment. This is given effect to in paragraph (2) (b). Otherwise, the new regulation is substantively the same as the regulation it replaces.

Items 10 to 12, 18 to 20, 24 to 29, 32, 33, 35, 36, and 38 to 42 - Removal of provisions relating to personality characteristics and psychological attributes

Items 10, 11, 12, 18, 19, 20, 24, 25, 26, 27, 28, 29, 32, 33, 35, 36, 38, 39, 40, 41 and 42 of Schedule 1 of the Amending Regulations remove the references in Part 65 to the personality characteristics and psychological attributes of applicants for, and holders of, air traffic controller licences and flight service licences, or make amendments consequential on the removal of those references. Applicants for, and holders of, such licences are required to hold a current Class 3 medical certificate issued under Part 6 of the Civil Aviation Regulations 1988 - or, from 1 July 2003, under Part 67 of the Civil Aviation Safety Regulations 1998. Psychological and psychiatric disorders which may affect the ability of a person to safely discharge the responsibilities of an air traffic controller or flight service officer are adequately dealt with under the provisions relating to medical certification, and it is not necessary to duplicate those requirements in Part 65. The repeal of provisions in Part 65 relating to psychological attributes shifts the regulation of such matters from licensing to medical assessment, where it is more appropriate.

Item 13 - Subregulation 65.080 (1)

Item 13 substitutes subregulation 65.080 (1) to provide that CASA may grant a rating to a person who is eligible to be granted an ATS licence if he or she has successfully completed the training required by the MOS. This amendment provides the necessary head of power to grant an ATC rating.

Item 14 - Regulation 65.085, heading - 65.085 Grant of endorsement on ATC licences

Item 14 substitutes a new heading for regulation 65.085 Grant of endorsement on ATC licences.

Item 15 - Subregulation 65.085 (2)

Item 15 substitutes subregulation 65.085 (2) to provide that CASA may grant an endorsement to a person who is eligible to be granted an ATC licence with a rating if that person has successfully completed the training required in the MOS. This amendment provides the necessary head of power to grant an ATC endorsement.

Item 16 - Subregulation 65.095 (4)

Item 16 substitutes 'subregulation (1)' with 'subregulation (3)'. This amends an incorrect cross-reference.

Item 17 - Subregulation 65.125 (1)

Item 17 standardises terminology by replacing 'traffic information rating' with 'traffic information service rating'.

Item 21 - Subregulation 65.130 (1)

Item 21 substitutes subregulation 65.130 (1) to provide that CASA may grant a traffic information service rating to a person who is eligible to be granted a flight service licence and who has completed the training required by the MOS. This amendment provides the necessary head of power to grant the rating.

Item 22 - Subregulation 65.135 (1)

Item 22 standardises terminology by replacing 'traffic information ratings' with 'traffic information service ratings'.

Item 23 - Before subregulation 65.140 (1)

Item 23 inserts a new subregulation 65.140 (1A) to provide that CASA may grant an endorsement to a person who is eligible to be granted a flight service licence with a traffic information service rating and who has completed the training required by the MOS. This amendment provides the necessary head of power to grant an endorsement on a flight service licence.

Item 30 - Regulation 65.260, heading 65. 260 - Provisional suspension of licence etc during investigation

Item 30 substitutes a new heading for regulation 65.260 Provisional suspension of licence etc during investigation.

Items 31, 34 and 37 - Substitution of 'ATS licence' with 'licence' in suspension and cancellation provisions

Division 3 of Subpart E of Part 65 provides CASA with powers to suspend or cancel licences issued under the Part. However, subregulations 65.260 (1), and 65.265 (1) and (2), which provide for provisional suspension of a licence during an investigation and for the issuing of a show cause notice to a licence holder, are expressed only to apply to 'ATS licences'. These provisions would therefore not apply to flight service licences. This is an unintentional omission. Accordingly items 31, 34 and 37 amend these provisions by replacing the term 'ATS licence' with 'licence', which is defined in regulation 65.175 to mean both ATS licences and flight service licences.

Item 43 - Part 139, Subpart A

Item 43 omits the table of contents for Subpart 139.H. Normally, it would be substituted by a new table of contents for Subpart 139.H which would take into account the amendments being made to that Subpart by the Amending Regulations. However, a new table of contents for Part 139 - excluding Subpart 139.H - is inserted by Item 3 of Schedule 1 of the Civil Aviation Amendment Regulations (No.1) 2003, with effect from 2 May 2003. That item of those regulations would have the effect of repealing any amendment made to the table of contents in these Amending Regulations, one day after it was made. Rather than amending the table of contents on 1 May and having it repealed on 2 May, the table of contents for Part 139 will be made on 2 May and amended on 3 May to include Subpart 139.H. That latter amendment, to include Subpart 139.H in the table of contents, is set out in item 1 of Schedule 3 of these Amending Regulations.

Item 44 - Subregulation 139.700 (2), including the note

Item 44 substitutes new subregulations 139.700 (2) and (3) in place of the existing subregulation 139.700 (2). The substitution has two effects. First, it removes reference to the obligation for an aerodrome to provide for ARFFS - the Subpart is being amended to remove this obligation from aerodrome operators. Second, new subregulation (3) excludes the Defence Force and officers of the Defence Force acting in the course of their duties from the operation of the Subpart.

Item 45 - Subregulation 139.705 (1), definition

Item 45 substitutes a new definition for MOS to refer to the MOS published by CASA under new regulation 139.712.

Item 46 - Subregulation 139.705 (3)

Item 46 omits Subregulation 139.705 (3) as a consequence of the enactment of the new provision at item 112.

Item 47 - After regulation 139.710

Item 47 inserts a new regulation 139.711 - Person not to provide service without approval.

New Regulation 139.711 - Person not to provide service without approval

This regulation specifies that a person must not provide an ARFFS at an aerodrome unless the person is approved to provide that service. Non-compliance with this regulation is an offence of strict liability which attracts a maximum penalty of 50 penalty units (up to $5500 for an individual, or $27,500 for a body corporate). This provision - which was inadvertently omitted from the original regulations - ensures that people providing essential safety services meet certain minimum standards and are subject to regulatory oversight by CASA.

New Regulations 139.712 to 139.712H - Procedures relating to the issue and amendment of the Manual of Standards for Subpart 139.H

These regulations replicate regulations 65.033 to 65.033H inclusive (see item 7), for the MOS for Subpart 139.H.

Item 48 - Part 139, Subpart H, Division 2

Item 48 omits Part 139, Subpart H, Division 2. In doing so, item 48 removes obligations on aerodrome operators in relation to the provision of ARFFS. The obligation to provide ARFFS at an aerodrome is removed completely; obligations in relation to the standard of ARFFS provided are shifted from Division 2 (ARFFS obligations of aerodrome operator) to Division 3 (Requirements to be complied with by ARFFS provider).

Item 49 - Regulation 139.755

Item 49 substitutes a new regulation 139.755 - Definition for Division - applicable standards and requirements.

New Regulation 139.755 - Definition for Division - applicable standards and requirements

The standards which an ARFFS must meet is dependent upon the nature and extent of operations occurring at an aerodrome. Previously, the standard was defined by reference to whether an aerodrome was required to have an ARFFS under regulation 139.720. However, that regulation is repealed by item 48. It is therefore necessary to bring the essential elements of that requirement into Division 3, and that is done by amending the definition of applicable standards and requirements in regulation 139.755 to incorporate the criteria previously placed in subregulations 139.720 (3) and (4). The effect is that, while an aerodrome which has international passenger air service operations or more than 350,000 passengers is not required to provide an ARFFS, if it does have an ARFFS then that must meet the standards as set out in Annex 14 to the Chicago Convention and the MOS.

Item 50 - Subregulation 139.770 (2)

Item 50 omits references to ICAO paragraph number 'section 9.2.6' and replaces it with 'Chapter 9'.

Item 51 - After regulation 139.770

Item 51 inserts a new regulation 139.771 - Response time of ARFFS.

New Regulation 139.771 - Response time of ARFFS

This regulation establishes the criteria for the response times of ARFFS (that is the time it takes for the first rescue vehicle to reach the location of an aircraft accident or incident at or near the aerodrome). This regulation replicates and operates in substitution for the repealed regulation 139.730.

New Regulation 139.772 - Buildings and emergency facilities

This regulation establishes the necessary buildings and facilities for ARFFS to be provided at an aerodrome by an ARFFS provider. This regulation replicates and operates in substitution for the repealed regulation 139.740.

New Regulation 139.773 - Officer in charge

This regulation establishes the prerequisite qualifications that an Officer in Charge (OIC) of an ARFFS at an aerodrome must hold. This regulation operates in substitution for the repealed regulation 139.745. However, there are three changes to the provision. First, an OIC must be based at the aerodrome for which he or she is appointed as OIC. Second, the OIC must hold a qualification which meets the requirements of the MOS. And third, CASA's discretion to approve the appointment of a person who does not hold the requisite qualification as an OIC has been removed.

Item 52 - Paragraph 139.775 (3) (b)

Item 52 omits references to ICAO paragraph number 'section 9.2.2' and replaces it with 'Chapter 9'.

Item 53 - Subregulation 139.910 (3)

Item 53 corrects a reference to the repealed 'Division 2' of the Part and replaces it with the reference 'Division 3'.

Item 54 - Subregulation 139.915 (1), definition of firefighter

Item 54 omits the phrase 'at an aerodrome,' and replaces it with the correct phrase 'for an aerodrome,'.

Item 55 - Subregulation 139.915 (1), definition of officer in charge

Item 55 omits the phrase 'at an aerodrome' and replaces it with the correct phrase 'for an aerodrome'.

Item 56 - Subregulation 139.915 (2)

Item 56 omits the phrase 'at an aerodrome' and replaces it with the correct phrase 'for an aerodrome'.

Item 57 - Subregulation 139.925 (1)

Item 57 substitutes a new subregulation 139.925 (1) to establish, in conjunction with Table 139.925 (Item 58) the persons eligible to apply for approval as an ARFFS provider.

Item 58 - After regulation 139.925

Item 58 inserts Table 139.925.

New Table 139.925

This table identifies the applicants eligible to apply for approval as an ARFFS provider, these being the Commonwealth, Airservices Australia (AA), Broome Airport Services Pty Ltd (at Broome International Airport), the Administration of Norfolk Island (Norfolk Island Airport), an agent or contractor of Airservices in accordance of paragraph 11 (3) of the Air Services Act 1995, or finally a person providing a service under an arrangement mentioned in paragraph 216 (1) (e) of the Airports Act 1996.

Item 59 - After subregulation 139.965 (5)

Item 59 inserts a new subregulation 139.965 (5) to the effect that CASA may impose, on an approval, any condition that limits the scope of the approval to the scope of the contractual or other arrangements between Airservices and its agents or contractors.

Item 60 - After regulation 139.1020

Item 60 inserts 139.1022 - Cancellation if holder ceases to provide ARFFS.

New Regulation 139.1022 - Cancellation if holder ceases to provide ARFFS

This regulation requires CASA to cancel the approval of Broome Airport Services Pty Ltd or the Administration of Norfolk Island if those providers cease to be the provider for the aerodrome. It similarly requires CASA to cancel the approval of the contractors or agents of Airservices in the event that the contract or arrangement with Airservices ceases, or any persons providing an ARFFS under an arrangement mentioned in the Airports Act 1996 if that arrangement ceases to exist.

Item 61 to 64 - Regulation 143.000

Items 61 to 64 amend the table of contents for Part 143 as a consequence of the other amendments in the Amending Regulations.

Item 65 - Regulation 143.005

Item 65 substitutes a new Regulation 143.005 Applicability of this Part.

New Regulation 143.005 - Applicability of this Part

This Regulation defines the requirements in relation to the approval of an air traffic service training provider, and certain administrative rules relating to CASA in its administration of this Part. In addition, and the reason for the amendment, is that it provides that the Part does not apply to the Australian Defence Force or its personnel.

Items 66, 69, 71, 73, and 75 to 79 - Changes to terminology

Item 66 substitutes the definition 'Australian Recognition Framework' with 'Australian Quality Training Framework' to take account of Australian National Training Authority terminology changes. Similarly, item 69 substitutes the definition 'registered training provider' with 'Registered Training Organisation' to take account of Australian National Training Authority terminology changes. These terms are then replaced where they appear in Part 143 - see items 71, 73, and 75 to 79 inclusive.

Item 67 - Regulation 143.010, definition of Manual of Standards - Part 65

Item 67 omits the phrase 'published by CASA,' with the new phrase 'issued by CASA under regulation 65.033,'.

Item 68 - Regulation 143.010, definition of Manual of Standards - Part 143

Item 68 omits the phrase 'published by CASA,' with the new phrase 'issued by CASA under regulation 143.017,'.

Item 70 - After regulation 143.015

Item 70 inserts a new regulation 143.016 - Person not to provide service without approval.

New Regulation 143.016 - Person not to provide service without approval

This regulation specifies that a person must not provide training related to air traffic services unless the person is approved to provide that service. Non-compliance with this regulation is an offence of strict liability which attracts a maximum penalty of 50 penalty units (up to $5500 for an individual, or $27,500 for a body corporate). This provision - which was inadvertently omitted from the original regulations - ensures that people providing training services meet certain minimum standards and are subject to regulatory oversight by CASA.

New Regulations 143.017 to 143.017H - Procedures relating to the issue and amendment of the Manual of Standards for Part 143

These regulations replicate regulations 65.033 to 65.033H inclusive (see item 7), for the MOS for Part 143.

Item 72 - Before paragraph 143.025 (a)

Item 72 inserts a new paragraph (aa) to provide a list of those persons eligible to apply for authorisation to provide air traffic service training. These are the Commonwealth, Airservices Australia, and contractors and agents of Airservices Australia.

Item 74 - After regulation 143.025

Item 74 inserts a new regulation 143.027 - CASA may impose conditions on approvals.

New Regulation 143.027 - CASA may impose conditions on approvals

This regulation provides that CASA may impose, on an approval, any condition that limits the scope of the approval to the scope of the contractual or other arrangements between Airservices and its agents or contractors. The provision is not intended to prevent CASA imposing any other conditions on the approval which are necessary for safety reasons.

Item 80 - Paragraph 143.130 (4) (a)

Item 80 substitutes a new paragraph 143.130 (4) (a) to change the reference to the 'Corporations Law' to the 'Corporations Act 2001'.

Item 81 - After regulation 143.190

Item 81 inserts a new regulation 143.192 - Cancellation if cooperation or arrangement ceases.

New regulation 143.192 - Cancellation if cooperation or arrangement ceases

This regulation requires CASA to cancel the approval of any contractors or agents of Airservices, in the event that the contract or arrangement with Airservices ceases.

Items 82 to 84 - Regulation 171.000

Items 82 to 84 amend the table of contents for Part 171 as a consequence of the other amendments in the Amending Regulations.

Item 85 - Regulation 171.005

Item 85 substitutes a new Regulation 171.005 - Applicability of this Part.

New Regulation 171.005 - Applicability of this Part

This Regulation defines the requirements in relation to the approval of a provider of a ground-based aeronautical telecommunication and radionavigation service, the operation and maintenance of those services, and certain administrative rules relating to CASA in its administration of this Part. In addition, and the reason for the amendment, is that it provides that the Part does not apply to the Australian Defence Force or its personnel.

Item 86 - Subregulation 171.010, after definition of coverage

Item 86 inserts a new definition for 'frequency confirmation system' at an aerodrome. The definition is included to give meaning to the term where it appears in new paragraph 171.012 (2) (c).

Item 87 - Subregulation 171.010 (1), definition of Manual of Standards

Item 87 substitutes a new definition for MOS for two reasons. First, the existing reference to the MOS was to the MOS for "Part 172", whereas it should have read "Part 171". Second, the definition now refers to the provision of the regulations which empowers CASA to issue the MOS for Part 171, regulation 171.017.

Items 88 and 89 - Definition of telecommunication service

Item 88 omits from the subregulation 171.010 (1) the existing definition of 'telecommunication service'. Item 89 then inserts a new Regulation 171.012 - Meaning of telecommunication service.

New Regulation 171.012 - Meaning of telecommunication service

This Regulation defines the meaning of telecommunication service as used in the Part, referencing the relevant Annex of the Convention on International Civil Aviation. In addition, it defines what is not a telecommunication service. This was necessary to exclude certain services, which would fall within the broad definition of telecommunication services but which are either regulated independently of Part 171 (e.g. in Part 139) or which are not subject to certification, from the scope of Part 171.

Item 90 - New Regulations 171.017 to 171.017H - Procedures relating to the issue and amendment of the Manual of Standards for Part 171

Item 90 inserts new regulations 171.017 to 171.017H inclusive, dealing with the issue of the MOS for Part 171. These regulations replicate regulations 65.033 to 65.033H inclusive (see item 7), for the Part 171 MOS.

Item 91 - Subregulation 171.020 (1)

Item 91 substitutes a new subregulation which limits the persons who may apply for approval as a provider of an aeronautical telecommunication or radionavigation service to the Commonwealth, Airservices Australia, or a contractor or agent of Airservices Australia.

Item 92 - Regulation 171.045

Item 92 substitutes regulation 171.045 - Agreements with other bodies.

New Regulation 171.045 - Agreements with other bodies

This regulation requires that agreements with other bodies must be in writing and must be in accordance with the standards in the MOS. The reason for this amendment is that CASA would prefer the requirements for the agreements to be entered into by service providers to be set out in the MOS in order to enhance flexibility in specifying the requirements.

Items 93 and 94 - Regulation 171.105

Items 93 and 94 insert the phrase 'or characteristics' after the phrase 'the values' in paragraph 171.105 (1) (b) and subregulation 171.105 (4) to clarify that the items required under this regulation may be either.

Item 95 - After subregulation 171.205 (2)

Item 95 inserts a new subregulation to the effect that CASA may impose, on an approval, any condition that limits the scope of the approval to the scope of the contractual or other arrangements between Airservices and its agents or contractors.

Item 96 - After regulation 171.235

Item 96 inserts a new regulation 171.237 - Cancellation if cooperation or arrangement ceases.

New Regulation 171.237 - Cancellation if cooperation or arrangement ceases

This regulation requires CASA to cancel the approval of any contractors or agents of Airservices, in the event that the contract or arrangement with Airservices ceases.

Items 97 to 99 - Regulation 172.000

Items 97 to 99 amend the table of contents for Part 172 as a consequence of the other amendments in the Amending Regulations.

Item 100 - Regulation 172.005

Item 100 substitutes new regulation 172.005 - Applicability of this Part.

New Regulation 172.005 - Applicability of this Part

This Regulation provides that the Part applies to a person that wants to become, or is an ATS provider, and sets out administrative rules to CASA in its administration of the Part. In addition, and the reason for the amendment, is that it does not apply to any Air Traffic Service provided by the Australian Defence Force or its personnel.

Item 101 - Regulation 172.010, definition of air traffic service

Item 101 amends the definition of air traffic service to exclude certified air/ground radio services at any aerodrome. The reason for this amendment is to define that certified air/ground radio services are not an air traffic service for the purpose of the application of Part 172, and hence people who provide them do not need approval under Part 172 to do so. Certified air/ground radio services are regulated under Part 139.

Item 102 - Regulation 172.010, definition of Manual of Standards

Item 102 replaces 'published by CASA' with the phrase 'as issued by CASA under regulation 172.022,'.

Item 103 - New Regulations 172.022 to 171.022H - Procedures relating to the issue and amendment of the Manual of Standards for Part 172

Item 103 inserts new regulations 172.022 to 171.022H inclusive, dealing with the issue of the MOS for Part 172. These regulations replicate regulations 65.033 to 65.033H inclusive (see item 7), for the Part 172 MOS.

Item 104 - Before regulation 172.025

Item 104 inserts a new regulation 172.024 - Applicant for approval as ATS provider.

New Regulation 172.024 - Applicant for approval as ATS provider

This regulation limits the applicability of persons who may apply for approval as a provider of an air traffic service to the Commonwealth, Airservices Australia, or an contractor or agent of Airservices Australia.

Item 105 - After subregulation 172.295 (1)

Item 105 inserts a new subregulation 172.295 (1) to provide that CASA may impose, on an approval, any condition necessary to give effect to subsection 11 (3) of the Air Services Act 1995.

Item 106 - After regulation 172.325

Item 106 inserts a new regulation 172.327 - Cancellation if cooperation or arrangement ceases.

New Regulation 172.327 - Cancellation if cooperation or arrangement ceases

This regulation requires CASA to cancel the approval of any contractors or agents of Airservices, in the event that the contract or arrangement with Airservices ceases.

Items 107 to 111 - Transitional provisions relating to Manuals of Standards

Items 107 to 111 insert new Subparts in Part 202 of the Civil Aviation Safety Regulations 1998 (Part 202 of the CASRs deals with transition from the Civil Aviation Regulations 1988 to the new CASRs generally). The new Subparts provide that the MOSs for Parts 65, 143, 171 and 172, and Subpart 139.H, which are published by CASA prior to 1 May 2003 (when those Parts commence) are taken to be the MOSs for those Parts issued under authority of the regulations expressly empowering CASA to issue those MOSs (that is, regulations 65.033, 139.712, 143.017, 171.017 and 172.022).

Item 112 - Dictionary, Part 2, after regulation 10

Item 112 inserts into the Dictionary a new regulation 15 - Reference to Annex to Chicago Convention.

Regulation 15 - Reference to Annex to Chicago Convention

Regulation 15 provides that any reference to the Annex means the reference to that Annex as 'in force from time to time'.

Schedule 2 - Amendments to Civil Aviation Regulations 1988 commencing on 1 May 2003

Items 1 and 2 - Regulation 89C

The Civil Aviation Regulations 1988 are amended from 1 May 2003 by Schedule 2 of the Civil Aviation Amendment Regulations 2002 (No.2), to impose conditions in relation to ARFFS on aerodrome licences issued under Part 9 of those regulations. However, these amendments are unnecessary, for two reasons. First, aerodromes will not be obliged to provide ARFFS, and so aerodrome licences will not be conditional upon providing ARFFS nor on the standard of that ARFFS. Second, Divisions 1 to 7 of Part 9 of the Civil Aviation Regulations 1988 are being repealed from 2 May in any case, by Schedule 2 of the Civil Aviation Amendment Regulations 2003 (No.1) (Schedule 1 of which inserts Part 139 into CASR).

Items 1 and 2 delete the amendments to the Civil Aviation Regulations 1988 made by the Civil Aviation Amendment Regulations 2002 (No.2), with effect from 1 May - that is, those amendments are made and repealed at the same time. If the amendments were left to be repealed by Schedule 2 of the Civil Aviation Amendment Regulations 2003 (No.1) on 2 May, potentially licensed aerodromes would be in breach of their licence conditions for 24 hours.

Schedule 3 - Amendments of Civil Aviation Safety Regulations 1998 commencing on 3 May 2003

Schedule 3 cleans up Parts 139, 171 and 202 of the Civil Aviation Safety Regulations 1998 following commencement of both Schedule 1 of these Amending Regulations on 1 May 2003 and Schedule 1 of Civil Aviation Amendment Regulations 2003 (No.1) (Schedule 1 of which inserts Part 139 into CASR) on 2 May 2003. It does this by:

       replacing or amending tables of contents (items 1, 9 and 10);

       changing heading numbers in Subpart 139.H to align with the numbering used in the rest of Part 139 (items 3 to 6); and

       inserting definitions of certified air/ground radio service in Parts 171 and 172 which cross-reference provisions in Part 139 (items 7 and 8).


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