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This is a Bill, not an Act. For current law, see the Acts databases.
2002-2003-2004
The Parliament
of the
Commonwealth of
Australia
HOUSE OF
REPRESENTATIVES
Presented and read a first
time
Civil
Aviation Amendment (Relationship with Anti-discrimination Legislation) Bill
2004
No. ,
2004
(Transport and Regional
Services)
A Bill for an Act to amend the
Civil Aviation Act 1988, and for related purposes
Contents
Part 1—Amendment of the Civil Aviation Act
1988 3
Part 2—Provisions dealing with the effect of the Civil Aviation
Regulations 1988 and the Civil Aviation Safety Regulations
1998 4
A Bill for an Act to amend the Civil Aviation Act
1988, and for related purposes
The Parliament of Australia enacts:
This Act may be cited as the Civil Aviation Amendment (Relationship
with Anti-discrimination Legislation) Act 2004.
This Act commences on the day on which it receives the Royal
Assent.
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repealed as set out in the applicable items in the Schedule concerned, and any
other item in a Schedule to this Act has effect according to its
terms.
Part 1—Amendment
of the 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.
(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.
Part 2—Provisions
dealing with the effect of the Civil Aviation Regulations 1988 and the Civil
Aviation Safety Regulations 1998
2 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 Safety Regulations
1998.
3 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:
(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)).
4 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 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).