Commonwealth Numbered Regulations - Explanatory Statements

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CIVIL AVIATION SAFETY AMENDMENT REGULATION 2012 (NO. 1) (SLI NO 107 OF 2012)

EXPLANATORY STATEMENT

 

Select Legislative Instrument 2012 No. 107

 

Issued by the authority of the Minister for Infrastructure and Transport

 

                 Civil Aviation Act 1988

 

Civil Aviation Safety Amendment Regulation 2012 (No. 1)

 

 

Subsection 98(1) of the Civil Aviation Act 1988 (the Act) provides, in part, that the             Governor General may make regulations, not inconsistent with the Act, prescribing matters required or permitted by the Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to the Act. That subsection also provides that the Governor General may make regulations for the purpose of carrying out and giving effect to the provisions of the Convention on International Civil Aviation (Chicago Convention) relating to safety, and in relation to the safety of air navigation, being regulations with respect to any other matters for which the Parliament has power to make laws.

Subsection 9(1) of the Act specifies, in part, that the Civil Aviation Safety Authority (CASA) has the function of conducting the safety regulation of civil air operations in Australian territory by means that include developing and promulgating appropriate, clear and concise aviation safety standards and issuing certificates, licences, registrations and permits.

The amendments introduce four sections which are consequential to the implementation of Civil Aviation Safety Regulations 1998 (CASR) Parts 42, 66, 145 and 147 (Maintenance Regulations Suite), which came into effect on 27 June 2011. Two sections amend CASR Part 202 - Transitional, to provide continued assistance to the transition process. The other two sections are a consequential amendment which move the definition of 'continuing airworthiness management organisation' from CASR Part 42 to Part 1 of the CASR Dictionary. The details of the Regulation are set out in Attachment A.

 

The Regulation is minor and machinery in nature and does not substantially alter existing arrangements which were the subject of extensive consultation and therefore no consultation on these amendments was considered necessary under Section 17 of the Legislative Instruments Act 2003

These amendments are made as a result of the insertion of Parts 42, 66, 145 and 147 into the Civil Aviation Safety Regulations 1998. A Regulation Impact Statement was prepared for Part 42, 66, 145 and 147 and assessed by the Office of Best Practice Regulation (OBPR) as meeting the Australian Government's Best Practice Regulation requirements (OBPR ID: 11558).

 

Statement of Compatibility with Human Rights

The regulation changes do not engage any of the applicable rights or freedoms. The changes are compatible with human rights and do not raise any human rights issues.

 

 

Authority: Subsection 98(1) of the

Civil Aviation Act 1988


      ATTACHMENT A

 

Details of the Civil Aviation Safety Amendment Regulation 2012 (No. 1)

 

Section 1 - Name of Regulation

Section 1 establishes the title of the Amendment Regulation as the Civil Aviation Safety Amendment Regulation 2012 (No. 1).

 

Section 2 - Commencement

Section 2 provides that the Regulation commences on the day after it is registered on the Federal Register of Legislative Instruments.

 

Section 3 - Amendment of Civil Aviation Safety Regulations 1998

Section 3 provides that Schedule 1 amends the Civil Aviation Safety Regulations 1998.

Schedule 1 - Amendments to the Civil Aviation Safety Regulations 1998

Item [1] Subregulation 42.015 (1), definition of 'continuing airworthiness management organisation'

This item omits the definition of continuing airworthiness management organisation from Civil Aviation Safety Regulations 1998 (CASR) Part 42. Item [4] places the same definition within Part 1 of the Dictionary in preparation for the introduction of Part 119 of the CASR 1998.

 

Item [2] Paragraph 202.184 (3) (b)

This item substitutes paragraphs (b) and (c) to add and enable a person authorised by the Civil Aviation Safety Authority (CASA), who is working under an arrangement with a continuing airworthiness management organisation for an aircraft, to carry out maintenance on the Australian aircraft outside Australian territory.

 

Item [3] After subregulation 202.344 (2)

This item inserts 2A and 2B to allow CASA to continue to administer the paragraphs 31 (4) (c) and (e) and regulations 31A, 31B and 31C of the CASR, related to the previous aircraft maintenance engineer licencing system which is saved by transitional arrangements until June 2015.

 

Item [4] Dictionary, Part 1

This item inserts the definition of continuing airworthiness management organisation into Part 1 of the CASR Dictionary. Item 1 omitted the same definition in CASR Part 42. The definition was moved to prepare for the introduction of Part 119 of the CASR.


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