CIVIL AVIATION AMENDMENT BILL 2005

i Civil Aviation Amendment Bill 2005 No. , 2005

Contents

Short title.......................................................................................1

Commencement .............................................................................1

Schedule(s)....................................................................................1

Schedule 1--Relationship between certain anti-discrimination

legislation and regulations under the Civil

Aviation Act 1988

Part 1--Amendments

Civil Aviation Act 1988

Disability Discrimination Act 1992

Sex Discrimination Act 1984

Part 2--Provisions dealing with the effect of the Civil Aviation

Regulations 1988 and the Civil Aviation Safety

Regulations 1998

Schedule 2--Other amendments

Part 1--References to foreign aircraft

Civil Aviation Act 1988

Part 2--Ongoing licence conditions

Civil Aviation Act 1988

Civil Aviation Amendment Bill 2005 No. , 2005 1

A Bill for an Act to amend the Civil Aviation Act

1988, and for related purposes

The Parliament of Australia enacts:

1 Short title

This Act may be cited as the Civil Aviation Amendment Act 2005.

2 Commencement

This Act commences on the day on which it receives the Royal

Assent.

3 Schedule(s)

Each Act that is specified in a Schedule to this Act is amended or

repealed as set out in the applicable items in the Schedule

Relationship between certain anti-discrimination legislation and regulations under the

Civil Aviation Act 1988 Schedule 1

Amendments Part 1

Civil Aviation Amendment Bill 2005 No. , 2005 3

Schedule 1--Relationship between certain

anti-discrimination legislation and

regulations under the Civil Aviation

Act 1988

Part 1--Amendments

Civil Aviation Act 1988

1 After subsection 98(6)

Insert:

(6A) The regulations may contain provisions relating to medical

standards that are inconsistent with the Sex Discrimination Act

1984 if the inconsistency is necessary for the safety of air

navigation.

Note:

See also Part 2 of Schedule 1 to the Civil Aviation Amendment Act

2005.

(6B) The regulations may contain provisions that are inconsistent with

the Disability Discrimination Act 1992 if the inconsistency is

necessary for the safety of air navigation.

Note:

See also Part 2 of Schedule 1 to the Civil Aviation Amendment Act

2005.

(6C) CASA must consult the Human Rights and Equal Opportunity

Commission about any proposal that regulations be made

containing provisions that are inconsistent as mentioned in

subsection (6A) or (6B). However, a failure to consult the

Commission does not affect the validity of any regulations so

made.

Disability Discrimination Act 1992

2 At the end of section 47

Add:

Note:

See also subsection 98(6B) of the Civil Aviation Act 1988, which

allows regulations made under that Act to contain provisions that are

Schedule 1 Relationship between certain anti-discrimination legislation and regulations

under the Civil Aviation Act 1988

Part 1 Amendments

4 Civil Aviation Amendment Bill 2005 No. , 2005

inconsistent with this Act if the inconsistency is necessary for the

safety of air navigation.

Sex Discrimination Act 1984

3 At the end of section 40

Add:

Note:

See also subsection 98(6A) of the Civil Aviation Act 1988, which

allows regulations made under that Act to contain provisions relating

to medical standards that are inconsistent with this Act if the

inconsistency is necessary for the safety of air navigation.

Relationship between certain anti-discrimination legislation and regulations under the

Civil Aviation Act 1988 Schedule 1

Provisions dealing with the effect of the Civil Aviation Regulations 1988 and the Civil

Aviation Safety Regulations 1998 Part 2

Civil Aviation Amendment Bill 2005 No. , 2005 5

Part 2--Provisions dealing with the effect of the Civil

Aviation Regulations 1988 and the Civil

Aviation Safety Regulations 1998

4 Definitions

In this Part:

amend includes repeal.

original Civil Aviation Regulations means the regulations purportedly

made, before the commencement of this Schedule, by Statutory Rules

1988, No. 158, as the Civil Aviation Regulations 1988.

original Civil Aviation Safety Regulations means the regulations

purportedly made, before the commencement of this Schedule, by

Statutory Rules 1998, No. 237, as the Civil Aviation Regulations 1998.

Note:

The Civil Aviation Regulations 1998 were renamed as the Civil Aviation Safety

Regulations 1998 by the Civil Aviation Amendment Regulations 2002 (No 11).

5 Effect of the Civil Aviation Regulations and the Civil

Aviation Safety Regulations before the commencement

of this Schedule

(1)

Subject to subitem (3), the rights and liabilities of all persons are, by

force of this item, declared to be, and always to have been, the same as

if:

(a) the amendment made by item 1 of this Schedule had been in

force during the period:

(i) starting immediately before the time when the original

Civil Aviation Regulations purported to commence; and

(ii) ending on the commencement of this Schedule; and

(b) regulations had been in force during that period that were in

the same terms as the original Civil Aviation Regulations, as

purportedly amended from time to time during that period.

(2)

Subject to subitem (3), the rights and liabilities of all persons are, by

force of this item, declared to be, and always to have been, the same as

if:

(a) the amendment made by item 1 of this Schedule had been in

force during the period:

Schedule 1 Relationship between certain anti-discrimination legislation and regulations

under the Civil Aviation Act 1988

Part 2 Provisions dealing with the effect of the Civil Aviation Regulations 1988 and

the Civil Aviation Safety Regulations 1998

6 Civil Aviation Amendment Bill 2005 No. , 2005

(i) starting immediately before the time when the original

Civil Aviation Safety Regulations purported to

commence; and

(ii) ending on the commencement of this Schedule; and

(b) regulations had been in force during that period that were in

the same terms as the original Civil Aviation Safety

Regulations, as purportedly amended from time to time

during that period.

(3)

This item does not affect the rights and liabilities arising between

parties to a proceeding heard and finally determined by a court before

the commencement of this Schedule, to the extent that those rights and

liabilities arose from, or were affected by:

(a) the original Civil Aviation Regulations (as purportedly

amended as mentioned in paragraph (1)(b)); or

(b) the original Civil Aviation Safety Regulations (as

purportedly amended as mentioned in paragraph (2)(b)).

6 Effect of the Civil Aviation Regulations and the Civil

Aviation Safety Regulations on and after the

commencement of this Schedule

(1)

The original Civil Aviation Regulations, as purportedly amended up to

the commencement of this Schedule, have effect on and after the

commencement of this Schedule as if the amendment made by item 1 of

this Schedule had been in force during the period:

(a) starting immediately before the time when the original Civil

Aviation Regulations purported to commence; and

(b) ending on the commencement of this Schedule.

(2)

The original Civil Aviation Safety Regulations, as purportedly amended

up to the commencement of this Schedule, have effect on and after the

commencement of this Schedule as if the amendment made by item 1 of

this Schedule had been in force during the period:

(a) starting immediately before the time when the original Civil

Aviation Safety Regulations purported to commence; and

(b) ending on the commencement of this Schedule.

(3)

Regulations under section 98 of the Civil Aviation Act 1988 may deal

with matters of a transitional, application or saving nature relating to the

fact that the original Civil Aviation Regulations (as purportedly

Relationship between certain anti-discrimination legislation and regulations under the

Civil Aviation Act 1988 Schedule 1

Provisions dealing with the effect of the Civil Aviation Regulations 1988 and the Civil

Aviation Safety Regulations 1998 Part 2

Civil Aviation Amendment Bill 2005 No. , 2005 7

amended as mentioned in subitem (1)), and the original Civil Aviation

Safety Regulations (as purportedly amended as mentioned in

subitem (2)) are taken to have effect as provided in subitems (1) and (2).

Schedule 2 Other amendments

Part 1 References to foreign aircraft

8 Civil Aviation Amendment Bill 2005 No. , 2005

Schedule 2--Other amendments

Part 1--References to foreign aircraft

Civil Aviation Act 1988

1 Paragraph 7(a)

Omit "foreign aircraft", substitute "foreign registered aircraft".

2 Paragraph 7(aa)

Omit "foreign aircraft", substitute "foreign registered aircraft".

3 Subsection 9(4)

Omit "foreign aircraft", substitute "foreign registered aircraft".

4 Subsection 25(1)

Omit "an aircraft", substitute "a foreign registered aircraft".

5 Subsection 25(2)

Omit "an aircraft", substitute "a foreign registered aircraft".

6 Subsection 25(3)

Omit "foreign aircraft", substitute "foreign registered aircraft".

Note:

The heading to section 25 is altered by omitting "foreign aircraft" and substituting

"foreign registered aircraft".

7 Subdivision C of Division 2 of Part III (heading)

Repeal the heading, substitute:

Subdivision C--Operation of a foreign registered aircraft

without AOC

Other amendments Schedule 2

Ongoing licence conditions Part 2

Civil Aviation Amendment Bill 2005 No. , 2005 9

Part 2--Ongoing licence conditions

Civil Aviation Act 1988

8 After paragraph 28BA(1)(a)

Insert:

(aa) the condition subject to which the AOC has effect because of

section 28BAA;

9 Subsection 28BA(2)

After "paragraph (1)(a)", insert "or (aa)".

10 After section 28BA

Insert:

28BAA Certain conditions for grant of AOC also have effect as

ongoing conditions on the AOC

An AOC has effect subject to the condition that CASA remains

satisfied as mentioned in paragraphs 28(1)(a) and (b) in relation to

the operations that are covered by the AOC.

Commonwealth of Australia Bills

CIVIL AVIATION AMENDMENT BILL 2005