Commonwealth Numbered Regulations - Explanatory Statements

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CIVIL AVIATION LEGISLATION AMENDMENT (TRANSITIONAL PROVISIONS) REGULATIONS (AMENDMENT) 1995 NO. 227

EXPLANATORY STATEMENT

STATUTORY RULES 1995 No. 227

Issued by the Authority of the Minister for Transport

Civil Aviation Legislation Amendment Act 1995

Civil Aviation Legislation Amendment (Transitional Provisions) Regulations (Amendment)

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

The "Commission of Inquiry into the Relations between the CAA and Seaview Air" (the Inquiry) was established by Letters Patent dated 25 October 1994 issued by the GovernorGeneral and subsequently amended by Letters Patent dated 29 December 1994 and 1 February 1995 and 30 May 1995. It is scheduled to report on 22 December 1995.

This amendment to the Regulations inserts a new subregulation 14(1) which gives AA the financial responsibility for the representation before the Inquiry of:

a) the Civil Aviation Safety Authority

b) the present Board members of CASA

c) the present director and staff of CASA

d) the former Board members of the CAA

e) the former executive officers and staff of the CAA

f) Airservices Australia

g) the present Board members of AA

h) the present executive officers and staff of AA

Under subregulation 14(2), the terms and conditions of the representation under paragraphs 14(1)(a), (b) & (c) are to be as agreed between CASA, AA and the Secretary of the Department. In regard any other representation, they are to be as agreed between AA and the Secretary of the Department. Subregulation 14(3) allows the Secretary of the Department of Transport to delegate this function to an SES officer in the Department of Transport.

Subregulation 14(4) states that this regulation is not taken to confer any rights on any person.


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