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CIVIL AVIATION AMENDMENT REGULATIONS 2004 (NO. 3) 2004 NO. 217
STATUTORY RULES 2004 No. 217
Subject - Civil Aviation Act 1988
Civil Aviation Amendment Regulations 2004 (No. 3)
Subsection 98(1) of the Civil Aviation Act 1988 (the Act) provides, in part, that the Governor-General may make regulations, not inconsistent with the Act, prescribing matters required or permitted by the Act to be prescribed or necessary or convenient to be prescribed for carrying out or giving effect to the Act, and regulations in relation to safety of air navigation, being regulations with respect to matters which the Parliament has power to make laws.
There are currently two sets of aviation safety regulations made under section 98: the Civil Aviation Regulations 1988 (1988 Regulations) and the Civil Aviation Safety Regulations 1998 (1998 Regulations). As part of an extensive review of the aviation safety regulatory requirements in Australia, the 1988 Regulations are gradually being replaced by the 1998 Regulations. However, both sets will continue to operate concurrently until the 1988 Regulations have been completely replaced by the 1998 Regulations.
Regulation 2 of the 1988 Regulations relates to the Interpretation of terms and defined "air traffic control" to mean:
(a) Airservices Australia (AA) in its capacity as a provider of air traffic control services; or
(b) The Defence Force in its capacity as a provider of air traffic control services.
The purpose of the amendment is to add to the list of service providers in the definition of air traffic control in regulation 2 of the 1988 Regulations to make it consistent with the provisions of subsection 11(3) of the Air Services Act 1995 which provides that where AA may provide a facility or service, it may do so:
(a) itself; or
(b) in cooperation with another person (including the Commonwealth); or
(c) by arranging for another person (including the Commonwealth) to do so on its behalf,
and regulation 172.024 of the 1998 Regulations, which provides that a person is eligible to apply for approval as an Air Traffic Services provider if the person is any of the following:
(a) the Commonwealth;
(c) a person who is to provide an air traffic service:
(i) in cooperation with AA, in accordance with paragraph 11 (3) (b) of the Air Services Act 1995; or
(ii) by arrangement with AA, in accordance with paragraph 11 (3) (c) of the Air Services Act 1995.
The changes will ensure that the term `air traffic control' for the purposes of the 1988 Regulations will also include any person who provides air traffic control services in. cooperation with AA or under arrangement with AA.
Details of the amendment to the Interpretation are set out in the Attachment.
The amendment to the Regulations commenced on the date of notification in the .
Authority: Section 98 of the Civil Aviation Act 1988
DETAILS OF THE PROPOSED CIVIL AVIATION AMENDMENT REGULATIONS 2004 (No. 3)
Regulation 1 - Name of Regulations
Regulation 1 is a formal provision specifying the name of the Regulations.
Regulation 2 - Commencement
Regulation 2 provides that the amendment commence upon the date of notification in the Commonwealth Gazette.
Regulation 3 - Amendment to Civil Aviation Regulations 1988
Regulation 3 provides for the amendment of the Civil Aviation Regulations 1988 in accordance with Schedule 1.
SCHEDULE 1 - AMENDMENT
Item 1 - This item inserts a third paragraph into the definition of air traffic control under subregulation 2(1), to include any third party who provides air traffic control services in cooperation (or under an arrangement) with Airservices Australia. This is in accordance with Airservices Australia's general powers as defined in paragraph 11 (3) (b) and (c) of the Air Services Act 1995.