Commonwealth Numbered Regulations - Explanatory Statements

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CIVIL AVIATION AMENDMENT REGULATIONS 2003 (NO. 3) 2003 NO. 95

EXPLANATORY STATEMENT

Statutory Rules 2003 No. 95

Minute No 11 of 2003 - Minister for Transport and Regional Services

Subject       Civil Aviation Act 1988

Civil Aviation Amendment Regulations 2003 (No. 3)

Subsection 98(1) of the Civil Aviation Act 1988 (the Act) provides that the GovernorGeneral may make regulations for the purpose of the Act. Subsection 98 (3)(h) of the Act specifically allows the Governor-General to make regulations, not inconsistent with the Act, in relation to matters affecting the safe navigation and operation, or the maintenance, of aircraft.

The amended Regulations enable Air Security Officers (ASOs) to carry weapons and ammunition, on board domestic aircraft. The Air Security Officer (ASO) Programme authorises Air Security Officers when deployed to undertake the mission of preventing hijackers from taking control of aircraft. It has been operational since December 2001. Since that time airlines have sought appropriate permission from the Civil Aviation Safety Authority for the carriage of dangerous goods (weapons and ammunition) by ASOs on a regular basis. With the amended Regulations they now no longer have to go through this process.

The removal of the previous Civil Aviation Safety Authority (CASA) regulatory impediment which lay within the auspices of Section 23 of the Civil Aviation Act 1988, negates the need for airlines to approach CASA in regard to this issue at regular intervals. This facilitates the smoother operation of the ASO Programme.

Details of the proposed Regulations are set out in the Attachment.

The proposed Regulations commenced on gazettal.

Authority:       Subsection 98(1) of the Civil Aviation Act 1988

ATTACHMENT

Clause 1       Civil Aviation Amendment Regulations 2003 (No. 3)

This clause provides that the Regulations are the Civil Aviation Amendment Regulations 2003 (No. 3).

Clause 2        Commencement

This clause provides that these Regulations commence on gazettal.

Clause 3        Amendment of Civil Aviation Regulations

This clause provides that Schedule 1 amends the Civil Aviation Regulations.

Amendments

Schedule 1 - Regulations 262D - Under what circumstances can an aircraft carry dangerous goods?

Aircraft air permitted to carry dangerous goods, specifically ammunition if the goods are being carried by an Air Security Officer.

Schedule 1- Regulation 262E - Carriage of dangerous goods by air security officers

Air Security Officers are permitted to carry ammunition on board aircraft issued by the Australian Protective Service for use by the officer whilst on duty.


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