Commonwealth Numbered Regulations - Explanatory Statements

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CIVIL AVIATION REGULATIONS (AMENDMENT) 1993 NO. 268

STATUTORY RULES 1993 No. 268

Issued by the authority of the Minister for Transport and Communications

Civil Aviation Act 1988

Civil Aviation Regulations (Amendment)

Subsection 98 (1) of the Civil Aviation Act 1988 (the Act) provides that the GovernorGeneral may make regulations for the purposes of the Act and in relation to the safety of air navigation.

In its 1993-94 Budget Statements the Government announced that, starting on 1 September 1993, there would be a phased recovery from the aviation industry of part of the air safety regulation costs of the Civil Aviation Authority (the Authority). As part of that recovery process charges are to be imposed for safety audit programs carried out, as part of the Authority's regulatory functions, before 1 July 1994 in relation to certain Australian operators conducting international flights.

The Regulations amend the Civil Aviation Regulations (the Regulations) to enable the Authority to institute a temporary system of safety audit programs to be carried out in relation to the operators of certain international air services, and to charge for carrying out those programs. All safety audit programs determined under the temporary system must be carried out before 1 July 1994.

DETAILS OF THE AMENDMENTS ARE AS FOLLOWS:

REGULATION 1

This regulation provides that the Regulations are amended as set out in the Regulations.

REGULATION 2

This regulation adds new regulations 310A and 310B to the end of Part XVIII (Miscellaneous) of the Regulations. Regulation 310A deals with the determination of safety audit programs. Regulation 310B deals with the carrying out of safety audit programs.

Subregulation 310A(1) gives the Authority power to determine a safety audit program in relation to an operator. The power may only be exercised before 1 July 1994.

Subregulation 310A(2) prevents the Authority from determining more than one safety audit program for the same operator.

Subregulation 310A(3) contains what is, in effect, a definition of a safety audit program. Each program will comprise various inspections and tests designed to enable the Authority to assess the manner in which a particular operator is carrying out authorised activities and is complying with any conditions to which those authorisations are subject. A program could also be used to enable the Authority to assess the way in which authorised persons and delegates employed by an operator are carrying out their functions as authorised persons or delegates. An audit will therefore be carried out, not for enforcement purposes or to investigate any suspected or perceived offence, but solely to enable the Authority to assess the way in which an operator, and certain of the operator's employees, are carrying out authorised activities.

Subregulation 310A (4) provides examples of the kinds of activities that could be included in a safety audit program. They include inspecting aircraft, aircraft components, certain processes or systems and records or other documents relating to authorised activities and testing aircraft, aircraft components or processes or systems used in connection with authorised activities.

Subregulation 310A (5) requires the Authority to give an operator a written notice setting out details of any safety audit program it intends to carry out in relation to the operator. It further obliges the Authority to take all reasonable steps to ensure that the program is carried out in accordance with the regulations.

Subregulation 310A (6) defines "certificate of approval" and "operator" for the purposes of the proposed regulation. A "certificate of approval" is defined as a certificate under regulation 30 of the Regulations covering the carrying out of maintenance of aircraft or aircraft components, or both. An "operator" is defined as a person who holds an Air Operator's Certificate authorising the person to operate Australian aircraft outside Australian territory and one or more certificates of approval that either alone or together cover the maintenance of aircraft and aircraft components.

Regulation 310B relates to the carrying out of safety audit programs. Under subregulations 310B(1) and (2), safety audit programs are to be carried out by authorised persons before 1 July 1994. An "authorised person" is defined in subregulation 2 (1) of the Regulations as a person appointed under regulation 6 of the Regulations to be an authorised person for the purposes of a provision in which that expression occurs. The Authority will, therefore, need to appoint 1 or more authorised persons for the purposes of new regulation 310B.

Subregulation 310B (3) gives an authorised person access to any place or thing to which he or she needs access for the purpose of carrying out a safety audit program. That entitlement is subject to the usual requirements relating to the production of an identity card on request. Those provisions are contained in subregulations 310B (6) and (7). The entitlement to access is supplemented by subregulation 310B (5), which prohibits anyone from preventing or hindering access.

Subregulation 310B (4) is also designed to ensure that authorised persons can effectively carry out safety audit programs. It obliges an operator to take all reasonable and necessary steps to ensure that the authorised person is given the access to any place or thing to which he or she is entitled, and is provided with any information, help or facilities that are reasonably required.

While regulation 6 of the Regulations allows the Authority to appoint any person as an authorised person, it is not intended that safety audit programs should be carried out by anyone who is not an officer. Subregulation 310B (8) therefore requires the Authority to appoint only an officer as an authorised person for the purposes of regulation 310B. "Officer" is defined in subsection 3 (1) of the Act as a member of the staff of the Authority.

Subregulation 310B (9) specifies, for the purposes of the definition of "charge" paragraph 66 (1) (b) of the Act, the carrying out of the whole or any part of a safety audit program. The provision enables the Board of the Authority to determine charges under section 66 of the Act in respect of activities carried out as part of safety audit programs.

The Regulations commenced on gazettal.