Commonwealth Numbered Regulations - Explanatory Statements

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CIVIL AVIATION REGULATIONS (AMENDMENT) 1994 NO. 188

STATUTORY RULES 1994 No. 188

Issued by the authority of the Minister for Transport

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 1993, the Civil Aviation Regulations (the Regulations) were amended by inserting regulations 310A and 310B, which enabled the Civil Aviation Authority (the Authority) to establish a temporary system of safety audit programs to be carried out before 1 July 1994, and to charge for carrying out those programs. The system is part of a phased recovery from the aviation industry of part of the Authority's air safety regulation costs and is in accordance with the policy set out in the Government's 1993-94 Budget Statements.

The Regulations extend the safety audit program system for a further period of 12 months ending on 1 July 1995 as part of the same phased cost recovery process.

DETAILS OF THE AMENDMENTS ARE AS FOLLOWS:

REGULATION 1

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

REGULATION 2

Subregulation 2.1 amends subregulation 310A (1) so as to permit the Authority to determine one or more safety audit programs in relation to an aircraft operator at any time before 1 July 1995. The existing powers of the Authority are, as a result, extended for 12 months ending on 1 July 1995.

Subregulation 2.2 inserts a new subregulation 310A (2) that limits the Authority's powers under subregulation 310A (1) in relation to the number of safety audit programs it can determine for the same operator. Under the new subregulation, the Authority cannot determine more than one safety audit program for a particular operator for the period starting on 29 October 1993 (when regulation 310A commenced) and ending on 1 July 1994. Nor can it determine more than one program for a particular operator for the period starting on 1 July 1994 and ending on 1 July 1995.

REGULATION 3

Regulation 3 makes a consequential amendment of subregulation 310B (2). The effect of the amendment is to prevent any safety audit program, or any part of such a program, being carried out after 30 June 1995, when the extended scheme will finish.

REGULATION 4

Regulation 4 inserts a new regulation 310C. The new regulation provides that regulations 310A and 310B do not effect the carrying out or exercise of any duty, function or power imposed or conferred under the Act or any other provision of the Regulations. The new regulation makes it clear that the safety audit program system is not in any way connected with, and has no effect on, any other audit, inspection or surveillance activities carried out under the Act or any other provision of the Regulations.

REGULATION 5

Regulation 5 is a transitional provision. If the Authority had, before the Regulations come into operation, determined a safety audit program for an operator for the period that ends on 1 July 1994, the determination is, under regulation 5, taken to have been made under the amended regulation 310A. The Authority cannot, therefore, determine another program for that operator in respect of the same period after the commencement of the Regulations.

The Regulations commenced on gazettal.