Commonwealth Numbered Regulations - Explanatory Statements

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Statutory Rules 1995 No. 149

(Issued by the authority of the Minister of Transport)

Civil Aviation Act 1988

Civil Aviation (Savings) Regulations

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.

The proposed Civil Aviation Legislation Amendment Act 1995 (the amending Act) has the effect of dividing the current responsibilities of the Civil Aviation Authority between 2 new authorities, the Civil Aviation Safety Authority (CASA) and Airservices Australia. Subject to certain exceptions, the amending Act commences on a day fixed by Proclamation. It is expected to commence on 1 July 1995.

A large number of subordinate instruments, mostly delegations, made under the Civil Aviation Regulations cease to have effect at the end of June 1995. The Civil Aviation (Savings) Regulations enable the instruments to continue in force until the end of the 1995-96 financial year, unless they are sooner revoked or varied. The purpose of the regulations is to ensure continuity of operations and avoid administrative problems which would be likely to occur if over 700 instruments are required to be issued immediately on the creation of CASA.

Regulation 2 defines the term "subordinate instrument". Regulation 3 enables each subordinate instrument that would otherwise stop being in force at the end of June 1995 to continue in force according to its tenor until the end of June 1996, unless it is sooner revoked or varied.

The regulations commenced on gazettal.

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