Commonwealth Numbered Regulations - Explanatory Statements

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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 Govern or-General may make regulations for the purposes of the Act.. Paragraph 9(1)(k) of the Act provides that the functions of the Civil Aviation Authority (CAA) include any other prescribed functions, being functions relating to any of the matters referred to in this sub-section.

On 28 March 1995 the Government introduced the Civil Aviation Legislation Amendment Bill 1995 that amends the Civil Aviation Act 1988 and establishes a separate and entirely independent Civil Aviation Safety Authority (CASA) to undertake the safety regulatory responsibilities of the current CAA. The Air Services Bill 1995 was also introduced to establish the Airservices Authority (AA) with functions, inter alia, to provide air traffic, rescue and firefighting, search and rescue; and aeronautical information services to the aviation industry.

The CAA at present is unable to do or pay for anything which solely relates to the creation of CASA, or AA, as this activity neither fails within, nor is incidental to its current functions. This regulation confers on the CAA the function of advising and funding the provision of advice to the Minister on matters of associated with the restructure of the CAA into the new bodies that will assume its functions: CASA and AA. It also gives the CAA the function of implementing administrative arrangements arising from Ministerial proposals.

This amendment would operate retrospectively from the date the Government announced its decision to establish a separate body to undertake the safety regulatory responsibilities of the current CAA, 12 October 1994. This approach is consistent with section 48(2) of the Acts Interpretation Act 1901.

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