Commonwealth Numbered Regulations - Explanatory Statements

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CIVIL AVIATION LEGISLATION AMENDMENT (TRANSITIONAL PROVISIONS) REGULATIONS 1995 NO. 226

STATUTORY RULES 1995 No. 226

Issued by the Authority of the Minister for Transport

Civil Aviation Legislation Amendment Act 1995

Civil Aviation Legislation Amendment (Transitional Provisions) Regulations

Part 3 of the Civil Aviation Legislation Amendment Act 1995 (the Act) deals with the transitional and savings provisions required to ensure continuity of operations, ownership of assets, responsibility for liabilities, rights and obligations following the abolition of the Civil Aviation Authority (CAA) and the creation of Airservices Australia (AA) and the Civil Aviation Safety Authority (CASA).

Subsection 22(2) of the Act empowers the Governor-General to make regulations in relation to transitional matters arising out of the abolition of the CAA and its replacement by AA and CASA, or otherwise arising out of the enactment of the Act or the Air Services Act 1995.

The Civil Aviation Legislation Amendment (Transitional Provisions) Regulations (the Regulations) provide for a number of transitional matters not dealt with by the Act. In particular, the Regulations:

*       save instruments made, and documents published by, the CAA; the Aircraft Register; procedures (including applications, examinations, investigations or reviews) commenced by, but not completed by the CAA; and CAA Board resolutions

*       preserve the rights of CASA and AA staff under the CAA Staff Superannuation Fund

*       empower the Minister to appoint an acting Chief Executive Officer of AA pending the Board making an appointment under the Air Services Act 1995.

Details of the regulations are contained in the Attachment.

ATTACHMENT

Regulation 1 provides that the Regulations may be cited as the Civil Aviation Legislation (Transitional Provisions) Regulations.

Regulation 2 provides that the Regulations commence on the date of the commencement of section 22 of the Act. Section 22, which contains the regulation-making power, together with the principal amendments to the Civil Aviation Act 1988 (the CA Act) will commence on a date to be fixed by Proclamation (the commencing time).

Regulation 3 defines a number of terms that are used in the Regulations.

Regulation 4 is a "catch-all" provision which saves, in respect of CASA, the Board of CASA and the Director of CASA, instruments other than those saved by the Act made before the commencing time.

Regulation 5 saves, in respect of CASA, the Aircraft Register kept by the CAA before the commencing time.

Regulation 6 saves, in respect of CASA, documents published by the CAA before the commencing time. An example is the Aircraft Welding Examinations referred to in regulation 29A of the Civil Aviation Regulations.

Regulation 7 saves, in respect of CASA, procedures (including, in particular, applications, examinations, investigations or reviews) commenced by, but not completed by, the CAA.

Regulation 8 saves, in respect of AA, any Aeronautical Information Publication (AIP) or Notice to Airmen (NOTAM) published by the CAA before the commencing time.

Regulation 9 preserves the rights of CASA and AA staff under the CAA Staff Superannuation Fund. In particular, the regulation ensures that:

*       a staff member's employment is continuous for all purposes related to the Fund;

*       a staff member's benefits under the Fund are unaffected by prior employment with the CAA; and

*       a staff member's benefits do not crystallise as a result of the abolition of the CAA.

Regulation 10 saves, in respect of AA and CASA, resolutions made by the Board of the CAA before the commencing time.

Regulation 11 provides that the Lands Acquisition Act 1989 does not apply in relation to any estate or interest in land transferred by or under section of the Act (which deals with the transfer of CAA assets and liabilities to AA and CASA).

Regulation 12 empowers the Minister to appoint a person to act as Chief Executive Officer of AA in the period before the Board of AA makes an appointment or acting appointment under subsection 33(1) or 40(1) of the Air Services Act 1995, respectively.

Regulation 13 and the Schedule provide for certain statutory documents (identified in columns 2 and 4 to the Schedule) to be signed on behalf of the CAA by the person specified in column 3 to the Schedule. For example, group certificates in respect of CAA employees as required under the Income Tax Regulations can be signed by either AA's General Manager (Finance and Administration) or AA's Manager (indirect Taxation).