Commonwealth Numbered Regulations - Explanatory Statements

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CIVIL AVIATION AND CIVIL AVIATION SAFETY AMENDMENT REGULATIONS 2011 (NO. 2) (SLI NO 77 OF 2011)

EXPLANATORY STATEMENT

 

Select Legislative Instrument 2011 No. 77

 

Issued under the authority of the Minister for Infrastructure and Transport

 

Civil Aviation Act 1988

 

Civil Aviation and Civil Aviation Safety Amendment Regulations 2011 (No. 2)

 

 

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, or necessary or convenient for carrying out or giving effect to the Act. That subsection also provides that the Governor-General may make regulations in relation to the safety of air navigation, being regulations with respect to any other matters to 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.

 

A CASA review of Part 11 of the Civil Aviation Safety Regulations 1998 (CASR), Regulatory Administrative Procedures, identified:

 

The amending Regulations will therefore simplify, standardise and consolidate CASA's administrative procedures, as far as practicable, in CASR Part 11.

 

The amending Regulations will make changes to:

 

The amendments to CASR Part 11 and related changes made to the CAR by the amending Regulations reduce regulatory text, make administrative procedures easier to locate, understand and apply, and make CASR Part 11 apply uniformly to administrative procedures under CASR and the CAR.

 

There are a series of key amendments, including the following:

 

CASA conducted formal public consultation through the release of Notice of Proposed Rule Making (NPRM) 0806SS - Regulatory Administrative Procedures on 12 November 2008. The period for public comment on the proposals closed on 30 January 2009. CASA received one indirect response to the NPRM by the closing date. The comment was evaluated and incorporated, as appropriate, into the amending regulations.

 

Subsequently, a consultation draft of the regulations, containing the updated amendments, was published on 21 January 2011. The period for public comment on the consultation draft closed on 11 February 2011.  Submissions on the consultation draft were considered by CASA.  

 

The Office of Best Practice Regulation (OBPR) assessed that the impact of the amending Regulations on business was likely to be nil or low. Therefore, no further analysis in the form of a  Regulation Impact Statement was required. The OBPR reference for this determination is: ID 9913.

 

Details of the Regulations are set out in the Attachment.

 

The Regulations commence on 27 June 2011 to coincide with the commencement of new CASR Parts 42, 66, 145 & 147 which were part of the Civil Aviation and Civil Aviation Safety Amendment Regulations 2010 (No 1).

 

 

Authority: Subsection 98(1) of the

     Civil Aviation Act 1988

 

ATTACHMENT

 

 

Overview of the Civil Aviation and Civil Aviation Safety Amendment Regulations 2011
(No. 2)

 

The Civil Aviation and Civil Aviation Safety Amendment Regulations 2011 (No. 2) will contain 282 amendments. Many will be substantive but also, of necessity, duplicated for a number of similar provisions. There will also be numerous drafting and consequential amendments. To assist readers of the Attachment, the key amendments are as follows:

 

(a)   a new definition of 'authorisation' will give the word wider scope; however, it will not include an air operator's certificate (AOC), a delegation or an appointment of an authorised person;

(b)   the maximum duration of an exemption will be extended from 2 to 3 years; exemptions that are for individuals rather than for classes of people or aircraft will no longer be legislative instruments;

(c)   the 12 month limitation on the power to issue certain safety directions will be lifted and the Director of Aviation Safety will be able to delegate the exercise of the power to appropriate officers;

(d)   CASR Part 11 will apply to the CAR as well as the CASR; uniform formal application processes will, therefore, apply for authorisations issued under both CASR and CAR to ensure a more uniform and consistent application-making process and administrative response for most types of authorisations;

(e)   provision will be made for approval of forms to complement provisions in the CASR referring to approved forms without any process for such approval;

(f)    under regulation 11.032, applicants applying for an authorisation that has been cancelled will have to show they can properly undertake the activity; this is to enable CASA to form a view on whether the authorisation should be reissued;

(g)   under subregulations 11.035 (3) and (4), certain applicants applying for an authorisation may be tested for their knowledge, skill or competence or be interviewed; this is to enable CASA to form a view whether the authorisation should be issued;

(h)   under subregulations 11.040 (3) and 11.045 (2), CASA may not commence, or may stop, considering an application if (a) information, documents or evidence sought have not been provided, or (b) a demonstration or an inspection has not been given or permitted, by the applicant;

(i)    under regulation 11.047, CASA may ask an applicant for an authorisation to verify something by statutory declaration; this power will reinforce the need for accurate information to be given to CASA;

(j)    under regulation 11.067, CASA may impose a condition on an authorisation after it has been issued by CASA and failure to comply will be an offence; previously, there was no general regulatory power to impose conditions after issue if safety required it;

(k)   under regulation 11.074, CASA may issue a notice requiring an authorisation holder to notify CASA of matters specified in the notice; previously, there was no similar general regulatory power to require an authorisation holder to notify CASA of defined events, and this is necessary if safety requires it. It will be an offence not to comply with a notice;

(l)    under regulation 11.075, CASA may issue a notice requiring an authorisation holder to provide information to CASA and failure to comply will be an offence; previously, there was no similar general regulatory power to require an authorisation holder to provide information;

(m)  various provisions of CASR and CAR are repealed because their subject matter related to administrative procedures which are now covered by old and new provisions in Part 11.

Various other amendments are editorial and machinery in nature.

 

 

Details of the Civil Aviation and Civil Aviation Safety Amendment Regulations 2011

(No. 2)

 

Regulation 1 -- Name of Regulations

Regulation 1 names the Regulations as the Civil Aviation and Civil Aviation Safety Amendment Regulations 2011 (No. 2) (the Amendment Regulations).

 

Regulation 2 -- Commencement

Regulation 2 provides that the Amendment Regulations commence on 27 June 2011.

 

Regulation 3 -- Amendment of Civil Aviation Safety Regulations 1998

Regulation 3 provides that Schedule 1 amends the Civil Aviation Safety Regulations 1998 (CASR).

 

Regulation 4 -- Amendment of Civil Aviation Regulations 1988

Regulation 4 provides that Schedule 2 amends the Civil Aviation Regulations 1988 (CAR).

 

Schedule 1 -- Amendment of the Civil Aviation Safety Regulations 1998

 

Item [1] -- Guide

Item [1] omits the Guide. The Guide is not legislative, however there is uncertainty as to whether amending regulations are required to modify guidance in the Guide. There are other internet sources for the information of the kind in the Guide.

 

Item [2] -- Regulation 11.005

Item [2] substitutes a new regulation 11.005 stating the purpose of CASR Part 11 in setting out administrative provisions.

 

Item [3] -- Subregulation 11.010 (2)

Item [3] provides that for documents and decisions granted under CASR and to which Subpart 11.B applies, the single word 'authorisations' granted under CASR is substituted for the list of matters collectively known as authorisations granted under CASR.

 

Item [4] -- After subregulation 11.010 (3)

Item [4] inserts new subregulation 11.010 (3A) to explain that new Subpart 11.BA contains rules about the grant, duration, and conditions on, authorisations.

 

Item [5] --Regulation 11.015, definition of authorisation

Item [5] substitutes a new three-fold definition of 'authorisation'. It means a civil aviation authorisation (CAA) other than an AOC, a delegation or an appointment of an authorised person. It also means an approval or qualification of a document or thing under CASR or CAR, other than a material, part, process or appliance to which CASR Subpart 21.K applies and it means a certificate capable of being granted to a person under these Regulations (that is CASR or CAR as the case may be). A note explains that a CAA is defined in section 3 of the Act as an authorisation (whatever it is called) under the Act or the regulations to undertake a particular activity.

 

Item [6] -- After subregulation 11.015

Item [6] inserts new regulation 11.018 to provide that if another provision of these Regulations provides for a document to be in an approved form, the Civil Aviation Safety Authority (CASA) may approve a form for that document. The amendment also provides that if CASA has approved a form for a document, that document is not to be taken to be completed unless it is in the approved form and includes all information required by the form.

 

Item [7] -- Subpart 11.B, heading

Item [7] substitutes a new heading for Subpart 11.B, namely 'Applications for authorisations'.

 

Item [8] -- Regulation 11.025

Item [8] substitutes 'authorised person' for 'authorised representative' as the person to whom applications may be made if these Regulations allow it. This item also makes reference to 'these Regulations' which encompasses both the CASR and the CAR.

 

Item [9] -- After paragraph 11.030 (1) (a)

Item [9] inserts new paragraph 11.030 (1) (aa) to require that, for an application for an authorisation, proper completion of any form that CASA has approved for the application.

 

Item [10] -- Subregulation 11.030 (2)

Item [10] omits mention of an 'accepted' manual. Previously, where a provision required an authorisation holder to have 'an approved or accepted manual', the person's application was not taken to have been made until the relevant draft manual had been given to CASA. However, this will not apply if a provision refers to an 'accepted' manual. The concept of an 'accepted' manual creates the misleading impression that acceptance is a lesser form of approval. CASA is progressively removing any distinction between a manual being approved and being accepted.

 

Item [11] -- After subregulation 11.030 (2)

Item [11] expressly provides that CASA may approve a form for an application for an authorisation.

 

Item [12] -- After regulation 11.030

Item [12] inserts new regulation 11.032 to require an applicant for an authorisation that had previously been cancelled to include with the application evidence to show that he or she could now properly undertake the activity authorised by the authorisation.

 

Item [13] -- Subregulation 11.035 (2)

Item [13] is consequential on item [28] which amends subregulation 11.055 (1A) concerning matters CASA considers before granting an authorisation.

 

Item [14] -- Paragraph 11.035 (2) (a)

Item [14] removes a plural word ('tests') which is preceded by its singular equivalent ('test or tests'). By definition, the singular includes the plural here.

 

Item [15] -- Subregulations 11.035 (3) and (4)

Item [15] substitutes new subregulations 11.035(3) and (4) to clarify that if CASA reasonably needs to interview or test an officer of an applicant that is a corporation to be satisfied about a matter mentioned in subregulation 11.055 (1A), CASA may, by written notice, ask the applicant to have the officer undertake a test of knowledge, skill or competence relevant to the application; or come to a specified CASA office at a specified time to be interviewed.

 

Item [16] -- Subregulation 11.035 (5)

Item [16] corrects a reference consequential on item [15] in relation to interviews.

 

Item [17] -- After subregulation 11.040 (2)

Item [17] inserts new subregulation 11.040 (3) to support CASA's ability to obtain information. It provides that if CASA asks an applicant to provide information or a copy of a document, or to provide evidence (these are already empowered by regulation 11.040), CASA need not begin to consider, or may stop considering, the application until CASA receives the information, document or evidence.

 

Item [18] -- Regulation 11.045

Item [18] is consequential on the insertion of new subregulation 11.045(2) by item [21].

 

Item [19] -- Regulation 11.045

Item [19] substitutes the word 'ask' for 'require' in relation to CASA 'asking' an applicant to demonstrate a service or facility. There is no compulsion when CASA is requesting a demonstration or inspection because if the applicant does not respond appropriately the application cannot proceed (see item [21]).

 

Item [20] -- Paragraph 11.045 (b)

Item [20] extends the occasions where CASA may ask for a demonstration to include not only facilities but also equipment.

 

Item [21] -- Regulation 11.045

Item [21] inserts new subregulation 11.045(2) to provide that if CASA asks an applicant to give a demonstration or allow an inspection under subregulation 11.045 (1), CASA need not begin to consider, or may stop considering, the application until the applicant gives the demonstration or allows the inspection.

 

Item [22] -- After regulation 11.045

Item [22] inserts new regulation 11.047 which empowers CASA to ask an applicant to verify, by statutory declaration, statements made in an application. CASA need not begin to consider, or may stop considering, the application until CASA receives the statutory declaration.

 

Item [23] -- Paragraph 11.050 (1) (a)

Item [23] is consequential on the insertion of the words 'submitted, or information provided' in subregulation 11.050(1) so that CASA may take into account information submitted by an applicant to CASA.

 

Item [24] -- Subregulation 11.050 (3)

Item [24] is consequential on item [25] as it amends subregulation 11.050(3) to make it subject to subregulation 11.050(3) as set out in item [25].

 

Item [25] -- After subregulation 11.050 (3)

Item [25] inserts new subregulations 11.050 (3A) and (3B) to allow CASA to ask the applicant to verify, by statutory declaration, any statement made by the applicant in a submission to CASA concerning an application. CASA need not begin to consider, or may stop considering, the application until CASA receives the statutory declaration.

 

Item [26] -- Subregulations 11.050 (4) and (5)

Item [26] omits mentions of CAR which has been made redundant by the new definition of 'authorisation'.

 

Item [27] -- After regulation 11.050

Item [27] inserts a heading to create a new Subpart 11.BA, 'Granting authorisations etc' to clearly differentiate the provisions in Part 11 that deal with the making and considering of an application for an authorisation, to those that deal with the granting of an authorisation.

 

Item [28] -- Subregulation 11.055 (1), including the note

Item [28] inserts new subregulation 11.055(1), (1A), and (1B) to recast how an application for an authorisation is to be dealt with. Under subregulation 11.055 (1), the regulation applies despite any other provision of these Regulations that provides for the grant or issue of an authorisation, but subject to section 30A and paragraphs 30DY (2) (b), 30DZ (2) (b) and 30EC (2) (b) of the Act.

 

Notes explain section 30A and paragraphs 30DY (2) (b), 30DZ (2) (b) and 30EC (2) (b) of the Act.

 

New subregulation 11.055 (1A) sets out what CASA must consider in relation to the application. Thus, CASA may grant the authorisation only if:

(a)   the person meets the criteria specified in these Regulations for the grant of the authorisation; and

(b)   any other requirements in relation to the person that are specified in these Regulations for the grant of the authorisation are met; and

(c)   any other requirements in relation to the thing in respect of which the application is made that are specified in these Regulations for the grant of the authorisation are met; and

(d)   these Regulations do not forbid CASA granting the authorisation in the particular case; and

(e)   granting the authorisation would not be likely to have an adverse effect on the safety of air navigation.

 

New subregulation 11.055 (1B) provides that if another provision of these Regulations provides that this subregulation applies to the granting of the authorisation, CASA may grant the authorisation only if the requirements of paragraphs (1A) (a) to (d) are satisfied; and granting the authorisation will preserve a level of aviation safety that is at least acceptable.

 

Item [29] -- Subregulation 11.055 (2)

Item [29] is consequential on item [28] because item [28] inserts subregulation 11.055(1A) and item [29] amends the reference in subregulation 11.050(2) to refer to subregulation 11.050(1A).

 

Item [30] -- Subregulation 11.055 (3)

Item [30] is consequential on extending the scope of the application of regulation 11.055 from CASR only to both CASR and CAR.

 

Item [31] -- Subregulation 11.055 (4)

Item [31] is consequential on item [28] (that is, the criteria in new paragraph 11.055 (1A) (e) which makes 'preservation of a level of aviation safety that is at least acceptable', a criterion for CASA decision-making.

 

Item [32] -- Subparagraph 11.055 (4) (g) (i)

Item [32] is consequential on extending the scope of the application of regulation 11.055 from CASR only to both CASR and CAR.

 

Item [33] -- Subregulation 11.055 (8), including the notes

Item [33] omits subregulation 11.055 (8) and related Notes, consequential on item [34] which deals with conditions.

 

Item [34] -- After regulation 11.055

Item [34] inserts new regulation 11.056 under which CASA may grant an authorisation subject to conditions in the authorisation which CASA considers necessary for safety or for environmental protection. A Note explains that other conditions are set out in these Regulations, in particular regulations 11.070 to 11.075.

 

Item [35] -- Regulation 11.060

Item [35] substitutes a new regulation 11.060 relating to how CASA is to notify an applicant in writing of the outcome of a decision on the application for an authorisation, for example, by issuing a relevant certificate or other document and by giving reasons for conditions imposed, or by giving reasons for a refusal.

 

A Note explains, with references, that most decisions in relation to authorisations are reviewable by the Administrative Appeals Tribunal.

 

Subregulations 11.060 (2) and (3) provides that the notice or document issued to the applicant may state the date on which the authorisation comes into effect, but the date must not be a date before the date of the notice or document.

 

Item [36] -- Paragraph 11.065 (a)

Item [36] is consequential on item [35] because that item amends regulation 11.060 and therefore the reference to that regulation in paragraph 11.065(a) needs to be amended.

 

Item [37] -- After regulation 11.065

Item [37] inserts new regulation 11.067 to enable CASA, if the interests of safety require it, to impose or vary conditions on an authorisation after it has been issued. The authorisation holder must be given notice of the proposed change and a reasonable time within which to make a submission to CASA about it. CASA must take the submission into account in determining whether it is necessary in the interests of the safety to impose or vary the condition. Imposed or varied conditions may not take effect before the person has been notified of them, that is, they may not take retrospective effect for any authorisation holder.

 

Item [37] also inserts a new regulation 11.068 to enable CASA in certain matters to issue a legislative instrument imposing conditions on a specified class of authorisations, including authorisations granted before or after the imposition of the conditions. Such imposed conditions may not take retrospective effect for any authorisation holder.

 

Item [38] -- Regulation 11.070

Item [38] substitutes a series of new regulations concerning what an authorisation holder must tell CASA as a condition of the authorisation. Thus, under new regulations 11.070, 11.071, 11.073 it is a condition of the authorisation that, within a stipulated period, the holder tell CASA of, (among other things), a change of name, address or nationality, or of the death of a business partner. It is a strict liability offence to fail to do so.

 

Under new regulation 11.072 it is a condition of an authorisation used in an aviation business to tell CASA of certain changes affecting the business, for example, changes of name, changes of premises, bankruptcy, or the incapacitating illness of the holder or key personnel. It is in most cases a strict liability offence to fail to tell CASA.

 

Under new regulations 11.074 and 11.075, it is a condition of the authorisation that the holder comply with notices issued by CASA requiring notification of specified events, or requiring specified information or documents. It is a strict liability offence to fail to comply.

 

Under new regulation 11.077, it is a strict liability offence to contravene conditions imposed on authorisations under new regulations 11.056, 11.067 and 11.068 (see items [34] and [37]).

 

Strict liability offences are required in each of the matters mentioned above to enable CASA to promote the highest practicable standards of compliance with aviation safety and to promote compliance with the requirements of the regulatory environment needed to monitor and protect aviation safety. Compliance concerning matters particularly within the knowledge and control of the person concerned does not impose especially onerous obligations. Strict liability is generally not imposed where the matter may not be particularly within the knowledge and control of the person concerned, or where some form of deliberation or reckless disregard is an essential element in the particular failure that may affect safety.

 

Item [39] -- Regulation 11.080

Item [39] provides for the removal of this regulation. It was considered unnecessary to have a regulation that provided that an authorisation ceases if the holder dies, or if a corporation, is dissolved, because in such a case the authorisation cannot be used.

 

Item [40] -- Subregulation 11.090 (2)

Item [40] is an editorial recasting of the requirement that authorisations must comply with Chapter 5 of Annex 1 to the Convention on International Civil Aviation.

 

Item [41] -- Subregulation 11.095 (2)

Item [41] is an editorial recasting of the requirement that maintenance operation authorisations must comply with paragraph 8.7.1.2 of Annex 6 to the Convention on International Civil Aviation.

 

Item [42] -- Subregulation 11.110 (2)

Item [42] is an editorial recasting of what an authorisation must contain.

 

Item [43] -- Regulation 11.120

Item [43] substitutes a new regulation 11.120 about the purpose of Subpart 11.D, which deals with variation of authorisations at the request of the holder, and suspension or cancellation of authorisations at the request of the holder.

 

Item [44] -- Regulation 11.125, heading

Item [44] gives regulation 11.125 a new heading as subpart 11.BA now also deals with variation of authorisations.

 

Item [45] -- Before subregulation 11.125 (1)

Item [45] inserts new subregulations 11.125 (1A) and (1B) to provide that the holder of an authorisation may apply, in writing, for a variation of the authorisation. The application may be made to a person to whom application for the authorisation could have been made.

 

Item [46] -- Subregulation 11.125 (1)

Item [46] is editorial to ensure clarity of meaning.

 

Item [47] -- Subregulation 11.125 (3)

Item [47] substitutes a new subregulation 11.125 (3) which is a machinery provision to apply regulations 11.055, 11.056, 11.060 and 11.065 to variations of authorisations.

 

Item [48] -- Regulation 11.130, note

Item [48] omits a superfluous note.

 

Item [49] -- After regulation 11.130

Item [49] inserts new regulation 11.132 to provide that if a person's authorisation is suspended at their request the person is taken, for the purpose of any provision of these Regulations under which the holding of the authorisation is a requirement for the grant of another authorisation, not to be the holder of the authorisation during the period of suspension; and the authorisation is not in force during the period of suspension. Subregulation 11.132 (2) provides that if a time-limited authorisation is suspended under Subpart 11.D, the period for which the authorisation was granted continues to run.

 

Item [50] -- Regulation 11.135

Item [50] substitutes a new regulation 11.135 about the purpose of Subpart 11.E, which deals with time-limited authorisations.

 

Item [51] -- Regulation 11.145, heading

Item [51] gives regulation 11.145 a new heading to reflect the existence of new Subpart 11.BA.

 

Item [52] -- Subregulation 11.145 (1)

Item [52] is a machinery amendment to include reference to new Subpart 11.BA about granting authorisations (see item [28]).

 

Item [53] -- Subregulation 11.145 (3)

Item [53] substitutes a new subregulation 11.145 (3) so that advance applications for renewals of certain time-limited authorisations under these Regulations (that is under CASR or under CAR) may be made to an authorised person.

 

Item [54] -- Subpart 11.F, heading

Item [54] substitutes a new heading for Subpart 11.F, which deals with exemptions from provisions of these Regulations and Civil Aviation Orders.

 

Item [55] -- Regulation 11.155

Item [55] substitutes a new regulation 11.155 stating that the purpose of Division 11.F.1 is to provide for the granting of exemptions from particular provisions of these Regulations or the Civil Aviation Orders.

 

Item [56] -- Subregulation 11.160 (1)

Item [56] substitutes a new subregulation 11.160 (1) which provides that for subsection 98 (5A) of the Act, CASA may, by instrument, grant an exemption under this Division from compliance with a provision of these Regulations or a provision of a Civil Aviation Order in relation to a matter mentioned in that subsection of the Act.

 

Item [57] -- Subregulation 11.160 (2)

Item [57] is editorial to replace the grammatically incorrect expression 'class of person' with 'class of persons'.

 

Item [58] -- Subregulation 11.160 (3), at the foot

Item [58] inserts 3 explanatory notes at the foot of the subregulation 11.160(3) concerning the grant of exemptions. The first note highlights provisions of the Act that are relevant to determining the application of the Legislative Instruments Act 2003 to an exemption. The second note references regulation 201.004 of CASR for information on Administrative Appeals Tribunal (AAT) review of a refusal by CASA to grant an exemption. The third note explains that, despite the repeal of regulation 308 of CAR concerning exemptions against CAR, such an exemption granted before 27 June 2011 continues to have effect after that date according to its terms, by reason of subregulation 202.011(2).

 

Item [59] -- Regulation 11.180

Item [59] substitutes a new regulation 11.180 to state that the purpose of Division 11.F.2 is to provide for the granting of exemptions in exceptional circumstances.

 

Item [60] -- Subregulation 11.185 (1)

Item [60] substitutes a new subregulation 11.185 (1) to provide that for subsection 98 (5A) of the Act, in exceptional circumstances CASA may, by instrument, grant an exemption under this Division from compliance with a provision of these Regulations, or a provision of a Civil Aviation Order, in relation to a matter mentioned in that subsection of the Act.

 

Item [61] -- After subregulation 11.185 (3)

Item [61] inserts 2 new subregulations. New subregulation 11.185 (4) provides that CASA may grant an exemption under this Division to a person, or to a class of persons, and may specify the class by reference to membership of a specified body or any other characteristic. New subregulation 11.185 (5), which reflects the former provision in subregulation 11.185 (1), provides that CASA may grant an exemption under this Division either on application or on its own initiative.

 

Item [62] -- Regulation 11.200

Item [62] substitutes a new regulation 11.200 to state that the purpose of Division 11.F.3 is to set out general provisions applying to exemptions under Subpart 11.F.

 

Item [63] -- Regulation 11.215

Item [63] omits regulation 11.215 which is obsolete.

 

Item [64] -- Subregulation 11.220 (1), note

Item [64] omits a note consequentially in item [63] as the note is in the same term as regulation 11.215.

 

Item [65] -- Regulation 11.225, notes

Item [65] substitutes a note consequentially in item [63], and updates the terminology for the CASA internet address.

 

Item [66] -- Paragraphs 11.230 (1)(a) and (b)

Item [66] changes the maximum duration of a standard exemption from 2 years to 3 years. CASA's current practise is to issue Air Operator's Certificates (AOC) for three (3) years. The change in maximum duration of exemptions will cause administrative convenience for AOC holders wherein they could seek the re-issue of exemptions at the same time as re-issue of an AOC.

 

Item [67] -- Paragraphs 11.230 (2)(a) and (b)

Item [67] changes the maximum duration of an exceptional circumstances exemption from 6 months to 12 months because it is considered there will be circumstances in which such an exemption will need to be more than 6 months in duration.

 

Item [68] -- Regulation 11.230, note

Item [68] omits a note consequentially in item [63] as the note is in the same term as regulation 11.215.

 

Item [69] -- Regulation 11.240, heading

Item [69] substitutes a new heading for regulation 11.240, namely 'Purpose of Subpart' (that is Subpart 11.G, Directions).

 

Item [70] -- Regulation 11.240

Item [70] is consequential by removing the word 'temporary' from regulation 11.240. Item[74] amends paragraph 11.250(a) to allow for a direction to be greater than one (1) year in duration.

 

Item [71] -- Subregulation 11.245 (1), including the notes

Item [71] substitutes a new subregulation 11.245 (1) to provide that for subsection 98 (5A) of the Act, CASA may, by instrument, issue a direction about any matter affecting the safe navigation and operation of aircraft; or the maintenance of aircraft; or the airworthiness of, or design standards for, aircraft. (Previously, the direction power did not include the latter.) A Note will explain that for the application of the Legislative Instruments Act 2003 to an instrument containing a direction under this regulation, readers should see subsections 98 (5AA), (5AB), (5B) and (5BA) of the Act. A Note also alerts to CASA's powers to issue airworthiness directives under CASR Part 39.

 

Item [72] -- Paragraph 11.245 (2) (a)

Item [72] substitutes a new paragraph 11.245 (2) (a) to clarify when CASA may issue a direction, that is, only when CASA is satisfied that it is necessary to do so in the interests of the safety of air navigation.

 

Item [73] -- Regulation 11.250

Item [73] clarifies that the direction is issued under regulation 11.245.

 

Item [74] -- Paragraph 11.250 (a)

Item [74] omits the 12 month time-limit which previously applied as the maximum duration of a direction, as there may be circumstances in which a longer duration is required.

 

Item [75] -- Regulation 11.250, note

Item [75] omits a note which is obsolete.

 

Item [76] -- Subregulation 11.255 (1)

Item [76] clarifies that the direction is issued under regulation 11.255(1) issued under regulation 11.245.

 

Item [77] -- Subregulation 11.260 (1)

Item [77] substitutes new subregulations 11.260 (1) and (1A) which provide that the Director of Civil Aviation Safety may, by written instrument, delegate to an officer a power of CASA under these Regulations (that is, under the CASR and the CAR) or a power of CASA under these Regulations for, or in connection with, the performance of a function conferred on CASA under subsection 9 (1) of the Act.

 

Item [78] -- Paragraph 11.260 (2) (a)

Item [78] omits from subsection 11.260 (2) the paragraph which would otherwise limit the power to issue directions to the Director of Aviation Safety personally, as there is no reason why the exercise of this power needs to be so restricted.

 

Item [79] -- Subregulation 11.260 (4), at the foot

Item [79] inserts a clarifying note to the effect that despite the repeal of regulation 7 of CAR concerning delegation of powers under CAR (see item [2] in Schedule 2) a delegation given under that regulation before 27 June 2011 continues to have effect on and after 27 June 2011 according to its terms, as provided for by subregulation 202.010 (1A) (see item [263]).

 

Item [80] -- Regulation 11.265

Item [80] substitutes a new regulation 11.265 to state that the purpose of Subpart 11.J is to set out the procedures for consultation before CASA issues a Manual of Standards (MOS). The new regulation also updates the associated note to explain first, that Manuals of Standards are documents which support these Regulations by providing detailed technical material, such as technical specifications or standards; and secondly that Manuals of Standards are legislative instruments subject to registration and disallowance under the Legislative Instruments Act 2003.

 

Item [80] also adds a new regulation 11.267 to provide that the procedures in Subpart 11.J apply to the amendment or revocation of a MOS in the same way as to the issue of a MOS (previously provided for in the former subregulation 11.265 (2)).

 

Item [81] -- Subregulation 11.280 (3)

Item [81] is consequential on item [82] by amending subregulation 11.280(3) to make it subject to new subregulation 11.280(4) in item [82].

 

Item [82] -- After subregulation 11.280 (3)

Item [82] inserts new subregulation 11.280 (4) to provide that for paragraph 11.280 (2) (c) (concerning the time CASA may allow for public comment on a MOS -which must be reasonable but not less than 28 days), the period for comments on an amendment of a MOS that is of a minor or machinery nature must be reasonable but not less than 14 days.

 

Item [83] -- Regulation 21.013A

Item [83] makes the issue of a type certificate (other than one under regulation 21.029) to an applicant subject to the requirements in regulation 11.055 about issue of authorisations (see item [28]).

 

Item [84] -- Subregulation 21.029 (1)

Item [84] makes the issue of a type certificate for certain imported aircraft, engines or propellers (that is, a type certificate under regulation 21.029) to an applicant subject to the requirements in regulation 11.055 about issue of authorisations (see item [28]). Also the previously discretionary nature of the issue ('CASA may') is modified to an obligation ('CASA must'), provided the (unchanged) requirements are met.

 

Item [85] -- Regulation 21.029A

Item [85] makes the issue of a type certificate for certain imported aircraft (that is, a type certificate under regulation 21.029A) to an applicant subject to the requirements in regulation 11.055 about issue of authorisations (see item [28]).

 

Item [86] -- Regulation 21.076

Item [86] makes the issue of certain provisional type certificates and related approvals (that is, certain provisional type certificates under regulation 21.076) to an applicant subject to the requirements in regulation 11.055 about issue of authorisations (see item [28]).

 

Item [87] -- Subregulation 21.098 (1)

Item [87] makes approvals of major changes in the type design of an aircraft, engine or propeller (that is, certain approvals under regulation 21.098) for an applicant subject to the requirements in regulation 11.055 about issue of authorisations (see item [28]).

 

Item [88] -- Regulation 21.113A

Item [88] makes the issue of a supplemental type certificate (that is, a supplemental type certificate under regulation 21.113A) to an applicant subject to the requirements in regulation 11.055 about issue of authorisations (see item [28]).

 

Item [89] -- Subregulation 21.134 (1)

Item [89] makes the issue of a production certificate (that is, a production certificate under regulation 21.134 (1)) to an applicant subject to the requirements in regulation 11.055 about issue of authorisations (see item [28]).

 

Item [90] -- Subregulation 21.176 (1)

Item [90] makes the issue of a certificate of airworthiness (that is, a certificate under regulation 21.176 (1)) to an applicant subject to the requirements in regulation 11.055 about issue of authorisations (see item [28]).

 

Item [91] -- Subregulation 21.176 (3)

Item [91] makes regulation 11.056 about conditions imposed on authorisations (see item [34]) apply in relation to certain conditions in the form of operational limitations imposed on the issue of a certificate of airworthiness.

 

Item [92] -- Subregulation 21.176 (4)

Item [92] makes regulation 11.056 about conditions imposed on authorisations (see item [34]) apply in relation to certain conditions on the issue of a certificate of airworthiness.

 

Item [93] -- Subregulation 21.195A (1)

Item [93] makes the issue of an experimental certificate (that is, a certificate under regulation 21.195A (1)) to an applicant subject to the requirements in regulation 11.055 about issue of authorisations (see item [28]).

 

Item [94] -- Subregulation 21.195A (3)

Item [94] makes regulation 11.056 about conditions imposed on authorisations (see item [34]) apply in relation to certain conditions in the form of operational limitations imposed on the issue of an experimental certificate.

 

Item [95] -- Subregulation 21.195A (4)

Item [95] makes regulation 11.056 about conditions imposed on authorisations (see item [34]) apply in relation to certain conditions on the issue of an experimental certificate.

 

Item [96] -- Subregulation 21.199 (1)

Item [96] has the effect of omitting from the requirement that an applicant for a special flight permit must submit a statement to CASA, the requirement that the statement be 'in a form and manner acceptable' to CASA. The paragraphs in subregulation 21.199 (1) already set out what is required to be in a statement.

 

Item [97] -- Subregulation 21.200 (1)

Item [97] makes the issue of a special flight permit (that is, a permit under regulation 21.200 (1)) to an applicant subject to the requirements in regulation 11.055 about issue of authorisations (see item [28]).

 

Item [98] -- Subregulation 21.200 (3)

Item [98] makes regulation 11.056 about conditions imposed on authorisations (see item [34]) apply in relation to certain conditions in the form of operational limitations imposed on the issue of a special flight permit.

 

Item [99] -- Subregulation 21.200 (4)

Item [99] makes regulation 11.056 about conditions imposed on authorisations (see item [34]) apply in relation to certain conditions on the issue of a special flight permit.

 

Item [100] -- Regulation 21.201, heading

Item [100] substitutes a new heading for regulation 21.201, which deals with 'Inspection, suspension and cancellation of special flight permits'.

 

Item [101] -- Regulation 21.216

Item [101] makes the issue of a provisional certificate of airworthiness (that is, a certificate under regulation 21.216) to an applicant subject to the requirements in regulation 11.055 about issue of authorisations (see item [28]).

 

Item [102] -- Regulation 21.239

Item [102] makes the issue of a delegation option authorisation (that is, an authorisation under regulation 21.239) to an applicant subject to the requirements in regulation 11.055 about issue of authorisations (see item [28]). Also the previously discretionary nature of the issue ('CASA may') is modified to an obligation ('CASA must'), provided the (unchanged) requirements are met.

 

Item [103] -- Subregulation 21.303 (9)

Item [103] makes the issue of an Australian Parts Manufacturer Approval (an APMA) (that is, an APMA under regulation 21.303 (9)) to an applicant subject to the requirements in regulation 11.055 about issue of authorisations (see item [28]).

 

Item [104] -- Regulation 21.324

Item [104] makes the issue of export airworthiness approvals for a Class I, Class II or Class III product (that is, an approval under regulation 21.324) to an applicant subject to the requirements in regulation 11.055 about issue of authorisations (see item [28]).

 

Item [105] -- Subregulation 21.327 (1)

Item [105] recasts subregulation 21.327 (1) to provide that a person may apply, in writing, to CASA or an authorised person for an export airworthiness approval for a Class I, Class II or Class III product. This removes the obsolete requirement for the application to be 'in a form and manner acceptable to CASA'.

 

Item [106] -- Subregulation 21.500A (3)

Item [106] makes approval of an imported aircraft engine or propeller (that is, an approval under subregulation 21.500A (3)) to an applicant subject to the requirements in regulation 11.055 about issue of authorisations (see item [28]).

 

Item [107] -- Subregulation 21.502A (3)

Item [107] makes the issue of an approval of an imported material, part or appliance (that is, an approval under regulation 21.502A (3)) to an applicant subject to the requirements in regulation 11.055 about issue of authorisations (see item [28]).

 

Item [108] -- Subregulation 21.605 (4)

Item [108] makes the issue of an Australian Technical Standard Order (ATSO) authorisation (that is, an ATSO authorisation under subregulation 21.605 (4)) to an applicant subject to the requirements in regulation 11.055 about issue of authorisations (see item [28]).

 

Item [109] -- Subregulation 21.605 (4)

Item [109] provides for CASA to be satisfied that an applicant has ability to produce certain compliant articles as a precondition to issuing an ATSO authorisation.

 

Item [110] -- Subregulation 21.609 (3), except the source reference

Item [110] makes the issue of an approval to deviate from a performance standard of an ATSO or a Technical Standard Order (that is, an approval under subregulation 21.609 (3)) to an applicant subject to the requirements in regulation 11.055 about issue of authorisations (see item [28]). Also the previously discretionary nature of the issue ('CASA may') is modified to an obligation ('CASA must'), provided the (unchanged) requirements are met.

 

Item [111] -- Paragraphs 45.115 (1) (c) and (d)

Item [111] updates references to the Corporations Act 2001, and is otherwise editorial.

 

Item [112] -- Subregulation 60.025 (1), at the foot

Item [112] inserts a Note to explain that an application for the qualification of a flight simulator or a flight training device must be in the approved form, include all the information required by these Regulations and be accompanied by every document required by these Regulations. The Note also refers readers to regulation 11.030 about when an application for an authorisation is taken to be complete. A second Note explains that CASR Part 11 deals with applications and decision making.

 

Item [113] -- Subregulation 60.030 (2), at the foot

Item [113] inserts a Note explaining AAT review rights in relation to qualification of flight simulators and flight training devices.

 

Item [114] -- Subregulation 60.055 (1), note

Item [114] inserts 2 new Notes. The first new Note explains that an application for approval to be the user of a flight simulator or flight training device must be in the approved form, include all the information required by these Regulations and be accompanied by every document required by these Regulations. The Note also refers readers to regulation 11.030 about when an application for an authorisation is taken to be complete. The other new Note explains that CASR Part 11 deals with applications and decision making.

 

Item [115] -- After subregulation 60.055 (1)

Item [115] inserts new subregulation 66.055 (1A) to expressly provide that CASA may grant an approval for a person to be the user of a qualified flight simulator or qualified flight training device. The new subregulation also makes the issue of an approval subject to the requirements in regulation 11.055 about issue of authorisations (see item [28]). A new Note also sets out AAT review rights in relation to user approvals.

 

Item [116] -- Subregulation 60.055 (5)

Item [116] omits a phrase about the taking effect of a user approval for a flight simulator or flight training device. This is consequential on item [35].

 

Item [117] -- Subpart 65.C, heading

Item [117] substitutes a new heading for Subpart 65.C in order to include a Note to the effect that in addition to the provisions of Subpart 65.C, CASR Part 11 contains provisions relating to an application for a rating or endorsement on an air traffic controller (ATC) licence or flight service licence.

 

Item [118] -- Before subregulation 65.080 (1)

Item [118] inserts new subregulation 65.080 (1A) to expressly provide that a person may apply to CASA, in writing, for an ATC rating. Previously there was no such express provision, but one is now required to ensure that provisions in relation to applications for authorisations apply to ATC rating applications. A Note explains that an application must be in the approved form, include all the information required by these Regulations and be accompanied by every document required by these Regulations. The Note also refers readers to regulation 11.030 about when an application for an authorisation is taken to be complete.

 

Item [119] -- Subregulation 65.080 (1)

Item [119] makes the issue of an ATC rating (that is, a rating under subregulation 65.080 (1)) to an applicant subject to the requirements in regulation 11.055 about issue of authorisations (see item [28]). Also the previously discretionary nature of the issue ('CASA may') is modified to an obligation ('CASA must'), provided the (unchanged) requirements are met.

 

Item [120] -- Subregulation 65.080 (1), at the foot

Item [120] inserts a Note about AAT review rights in relation to ATC ratings.

 

Item [121] -- After subregulation 65.085 (1)

Item [121] inserts new subregulation 65.085 (1A) to expressly provide that a person may apply to CASA, in writing, for an endorsement on an ATC licence. Previously there was no such express provision, but one is now required to ensure that provisions in relation to an applications for authorisations apply to an application for an endorsement on an ATC licence. A Note explains that an application must be in the approved form, include all the information required by these Regulations and be accompanied by every document required by these Regulations. The Note also refers readers to regulation 11.030 about when an application for an authorisation is taken to be complete.

 

Item [122] -- Subregulation 65.085 (2)

Item [122] makes the issue of an endorsement on an ATC licence (that is, an endorsement under subregulation 65.085 (2)) to an applicant subject to the requirements in regulation 11.055 about issue of authorisations (see item [28]). Also the previously discretionary nature of the issue ('CASA may') is modified to an obligation ('CASA must'), provided the (unchanged) requirements are met.

 

Item [123] -- Subregulation 65.085 (2), at the foot

Item [123] inserts a Note about AAT review rights in relation to ATC endorsements.

 

Item [124] -- Division 65.C.2, heading

Item 124 substitutes a new heading for Division 65.C.2, namely 'Flight service licensing'.

 

Item [125] -- Before subregulation 65.130 (1)

Item [125] inserts new subregulation 65.130 (1A) to expressly provide that a person may apply to CASA, in writing, for a traffic information service rating. Previously there was no such express provision, but one is now required to ensure that provisions in relation to an application for an authorisation apply to an application for a traffic information service rating. A Note explains that an application must be in the approved form, include all the information required by these Regulations and be accompanied by every document required by these Regulations. The Note also refers readers to regulation 11.030 about when an application for an authorisation is taken to be complete.

 

Item [126] -- Subregulation 65.130 (1)

Item [126] makes the issue of a traffic information service rating (that is, a rating under subregulation 65.130 (1)) to an applicant subject to the requirements in regulation 11.055 about issue of authorisations (see item [28]). Also the previously discretionary nature of the issue ('CASA may') is modified to an obligation ('CASA must'), provided the (unchanged) requirements are met.

 

Item [127] -- Subregulation 65.130 (1), note

Item [127] inserts a Note about AAT review rights in relation to traffic information service ratings.

 

Item [128] -- Before subregulation 65.140 (1A)

Item [128] inserts new subregulation 65.140 (1AA) to expressly provide that a person may apply to CASA, in writing, for an endorsement on a flight service licence. Previously there was no such express provision, but one is now required to ensure that provisions in relation to an application for an authorisation apply to an application for a traffic information service rating. A Note explains that an application must be in the approved form, include all the information required by these Regulations and be accompanied by every document required by these Regulations. The Note also refers readers to regulation 11.030 about when an application for an authorisation is taken to be complete.

 

Item [129] -- Subregulation 65.140 (1A)

Item [129] makes the issue of an endorsement on a flight service licence (that is, an endorsement under subregulation 65.140 (1A)) to an applicant subject to the requirements in regulation 11.055 about issue of authorisations (see item [28]). Also the previously discretionary nature of the issue ('CASA may') is modified to an obligation ('CASA must'), provided the (unchanged) requirements are met.

 

Item [130] -- Subregulation 65.140 (1A), at the foot

Item [130] inserts a Note about AAT review rights in relation to an endorsement on a flight service licence.

 

Item [131] -- Division 65.E.1, heading

Item [131] substitutes a new heading for Division 65.E.1 in order to include a Note to the effect that in addition to the provisions of Subpart 65.C, CASR Part 11 contains provisions relating to an application for a rating or endorsement on an ATC licence or flight service licence.

 

Item [132] -- Regulation 65.175, definition of licence

Item [132] corrects the name of a flight service licence.

 

Item [133] -- Subregulations 65.180 (1) and (2)

Item [133] substitutes a new subregulation 65.180 (1) to expressly provide that a person may apply to CASA, in writing, for the grant of an ATC licence or a flight service licence. A Note explains that an application must be in the approved form, include all the information required by these Regulations and be accompanied by every document required by these Regulations. The Note also refers readers to regulation 11.030 about when an application for an authorisation is taken to be complete.

 

Item [134] -- Regulation 65.225

Item [134] makes the issue of an ATC licence or a flight service licence (that is, a licence under regulation 65.225) to an applicant subject to the requirements in regulation 11.055 about issue of authorisations (see item [28]). The item also inserts a Note about AAT review rights in relation to an ATC licence or a flight service licence. Readers are also referred to section 31 of the Act dealing with AAT review.

 

Item [135] -- Subregulation 65.230 (2)

Item [135] omits reference to 'regulations 65.195 or 65.200' in subregulation 65.230 (2) about what tests, interviews or documents CASA may ask an applicant to do or provide in relation to an application for an ATC licence or a flight service licence. The item substitutes reference to 'regulations 11.035 or 11.040' which now govern such matters for the issue of all authorisations (see items [15] and [17]). Regulations 65.195 and 65.200 are repealed (see item [280]).

 

Item [136] -- Subregulation 65.230 (3)

Item [136] omits reference to 'regulations 65.205 or 65.220' in subregulation 65.230 (3) about what statutory declarations CASA may ask an applicant to provide in relation to an application for an ATC licence or a flight service licence. The item substitutes reference to 'regulation 11.047 or subregulation 11.050 (3A)' which now govern such matters for the issue of all authorisations (see items [22] and [25]). Regulations 65.205 and 65.220 are repealed (see item [280]).

 

Item [137] -- Subregulation 65.230 (4)

Item [137] omits mention of comment under subregulation 65.215 (2) that CASA may ask an applicant to provide in relation to an application for an ATC licence or a flight service licence. The item substitutes mention of a written submission under subregulation 11.050 (2) which now governs such matters for the issue of all authorisations. Regulation 65.215 is repealed (see item [280]).

 

Item [138] -- Subregulation 65.230 (4)

Item [138] is consequential on item [137] to make a further omission on a reference to 'comment' and replace it with 'written submission'.

 

Item [139] -- Subregulation 67.025 (1), at the foot

Item [139] inserts a Note at the foot of subregulation 67.025 (1) about applications for appointment as a designated aviation medical examiner (DAME) or a designated aviation ophthalmologist (DAO). The Note explains that an application must be in the approved form, include all the information required by these Regulations and be accompanied by every document required by these Regulations. The note also refers readers to regulation 11.030 about when an application for an authorisation is taken to be complete. A second note explains that CASR Part 11 deals with applications and decision making.

 

Item [140] -- Subregulation 67.025 (2)

Item [140] requires an application for appointment as a DAME or DAO to be in writing instead of an approved form.  Item [9] inserts paragraph 11.030(1) (aa) to provide that if CASA has approved a form for the application - it is in the approved form and includes all of the information required by the form.

 

Item [141] -- Subregulation 67.030 (2)

Item [141] is consequential on item [17] about notices requesting further information from applicants for appointment as DAMEs or DAOs.

 

Item [142] -- Subregulation 67.035 (3)

Item [142] is consequential on item [17] by omitting reference to paragraph 67.030(1) and replacing it with reference to regulation 11.040, which as noted at item [17] makes provision for notices requesting further information from applicants for appointment as DAMEs or DAOs.

 

Item [143] -- Subregulation 67.040 (2)

Item [143] is consequential on item [17].

 

Item [144] -- Subregulation 67.045 (1)

Item [144] makes the grant of appointment as a DAME (that is, appointment under subregulation 67.045 (1)) to an applicant subject to the requirements in regulation 11.055 about issue of authorisations (see item [28]).

 

Item [145] -- Subparagraph 67.045 (1) (b) (ii)

Item [145] is editorial consequent on the repeal of paragraph 67.045 (1) (c) (see item [280]).

 

Item [146] -- Subregulation 67.045 (1), note

Item [146] modifies an existing Note (to update an internet address) and to insert a Note about AAT review rights in relation to appointment as a DAME.

 

Item [147] -- Subregulation 67.065 (1)

Item [147] makes the grant of appointment as a DAO (that is, appointment under subregulation 67.065 (1)) to an applicant subject to the requirements in regulation 11.055 about issue of authorisations (see item [28]). A Note sets out AAT review rights in relation to appointment as a DAO.

 

Item [148] -- Subregulation 67.130 (1)

Item [148] omits from subregulation 67.130 (1) (about surrender of certificates of appointment) mention of regulation 67.085 (about issue of such certificates), and inserts mention of regulation 11.060 which now governs the issue of such certificates.

 

Item [149] -- Regulation 67.175, at the foot

Item [149] inserts a Note explaining that an application for issue of a medical certificate must be in the approved form, include all the information required by these Regulations and be accompanied by every document required by these Regulations. The second Note also refers readers to regulation 11.030 about when an application for an authorisation is taken to be complete. A second note explains that CASR Part 11 deals with applications and decision making.

 

Item [150] -- Subregulation 67.180 (1)

Item [150] makes the issue of a medical certificate (that is, issue under subregulation 67.180 (1)) to an applicant subject to the requirements in regulation 11.055 about issue of authorisations (see item [28]).

 

Item [151] -- Subregulation 67.180 (2)

Item [151] makes an editorial change  consequential on item [150].

 

Item [152] -- Subregulation 67.185 (1)

Item [152] is consequential by amending subregulation 67.185(1) to make reference to a notice of refusal being given under regulation 11.060 (amended by item [35]).

 

Item [153] -- Subregulation 67.195 (2)

Item [153] is consequential on the new provisions about imposition of conditions on authorisations at the time of, and after, granting an authorisation (see items [34] and [37]).

 

Item [154] -- Subregulation 67.200 (1)

Item [154] is consequential on item [37] as it amends subregulation 67.200(1) to make reference to a condition also imposed under Part 11.

 

Item [155] -- Paragraph 92.070 (4) (e)

Item [155] is consequential on the repeal (effective on 27 June 2011) of regulation 92.080, a regulation mentioned in paragraph 92.070 (4) (e) about certain 'exclusions' in relation to dangerous goods (see item [280]), and on the substitution of broader use of exemption powers under Subpart 11.F (see item [54] et seq.).

 

Item [156] -- Subregulation 92.095 (2)

Item [156] is consequential on the repeal (effective on 27 June 2011) of regulation 92.155, a regulation mentioned in subregulation 92.095 (2) about certain 'exclusions' in relation to training requirements for the carriage of dangerous goods by air (see item [280]), and on the substitution of broader use of exemption powers under Subpart 11.F (see item [54] et seq.).

 

Item [157] -- Subregulation 92.100 (1)

Item [157] is consequential on the repeal (effective on 27 June 2011) of regulation 92.155, a regulation mentioned in subregulation 92.100 (1) about certain 'exclusions' in relation to dangerous goods training for certain employees of Australian ground handling agents (see item [280]), and on the substitution of broader use of exemption powers under Subpart 11.F (see item [54] et seq.).

 

Item [158] -- Subregulation 92.105 (1)

Item [158] is consequential on the repeal (effective on 27 June 2011) of regulation 92.155, a regulation mentioned in subregulation 92.105 (1) about certain 'exclusions' in relation to dangerous goods training for certain employees of Australian freight forwarders (see item [280]), and on the substitution of broader use of exemption powers under Subpart 11.F (see item [54] et seq.).

 

Item [159] -- Subregulation 92.115 (1)

Item [159] is consequential on the repeal (effective on 27 June 2011) of regulation 92.155, a regulation mentioned in subregulation 92.115 (1) about certain 'exclusions' in relation to dangerous goods training for certain employees of screening authorities (see item [280]), and on the substitution of broader use of exemption powers under Subpart 11.F (see item [54] et seq.).

 

Item [160] -- Subregulation 92.120 (1)

Item [160] is consequential on the repeal (effective on 27 June 2011) of regulation 92.155, a regulation mentioned in subregulation 92.120 (1) about certain 'exclusions' in relation to dangerous goods training for certain employees of shippers of dangerous goods (see item [280]), and on the substitution of broader use of exemption powers under Subpart 11.F (see item [54] et seq.).

 

Item [161] -- Subregulation 92.125 (1)

Item [161] is consequential on the repeal (effective on 27 June 2011) of regulation 92.155, a regulation mentioned in subregulation 92.125 (1) about certain 'exclusions' in relation to dangerous goods training for certain employees of non-Australian operators (see item [280]), and on the substitution of broader use of exemption powers under Subpart 11.F (see item [54] et seq.).

 

Item [162] -- Subregulation 92.130 (1)

Item [162] is consequential on the repeal (effective on 27 June 2011) of regulation 92.155, a regulation mentioned in subregulation 92.130 (1) about certain 'exclusions' in relation to dangerous goods training for Australian operators' employees outside Australia (see item [280]), and on the substitution of broader use of exemption powers under Subpart 11.F (see item [54] et seq.).

 

Item [163] -- Subregulation 92.140 (5)

Item [163] is consequential on the repeal (effective on 27 June 2011) of regulation 92.155, a regulation mentioned in subregulation 92.140 (5) about certain 'exclusions' in relation to conducting certain dangerous goods training (see item [280]), and on the substitution of broader use of exemption powers under Subpart 11.F (see item [54] et seq.).

 

Item [164] -- Subregulation 92.145 (1)

Item [164] is consequential on the repeal (effective on 27 June 2011) of regulation 92.155, a regulation mentioned in subregulation 92.145 (1) about certain 'exclusions' in relation to dangerous goods training (see item [280]), and on the substitution of broader use of exemption powers under Subpart 11.F (see item [54] et seq.).

 

Item [165] -- Subregulations 99.445 (1) and (2)

Item [165] substitutes  new subregulations 99.445 (1) to (2B) to make the issue of an approval to take body samples, and conduct alcohol, and initial drug, tests, for the purposes of Part IV of the Act to an applicant, subject to the requirements in regulation 11.055 about issue of authorisations (see item [28]).

 

The new subregulation 99.445 (1) also expressly provides that a person may apply to CASA, in writing, for the grant of an approval to take body samples; conduct alcohol tests and initial drug tests; and conduct confirmatory drug tests, for the purposes of Part IV of the Act. Previously there was no such express provision, but one is now required to ensure that provisions in relation to an application for an authorisation apply to an application for these approvals.

 

Item [166] -- Subregulation 99.445 (3)

Item [166] amends subregulation 99.445 (3) to make the issue of an approval to conduct confirmatory drug tests for the purposes of Part IV of the Act to an applicant, subject to the requirements in regulation 11.055 about issue of authorisations (see item [28]).

 

Item [167] -- Subregulation 99.445 (3), at the foot

Item [167] inserts a new Note to explain that an application for approval to take body samples; conduct alcohol tests and initial drug tests; and conduct confirmatory drug tests must be in the approved form, include all the information required by these Regulations and be accompanied by every document required by these Regulations. The Note also refers readers to regulation 11.030 about when an application for an authorisation is taken to be complete. A second Note sets out AAT review rights in relation to such approvals.

 

Item [168] -- Subregulation 101.155 (3), definition of approval required

Item [168] is consequential on item [169] by changing the cross reference in subregulation 101.155(3) from subregulation (4) to (5) as item [169] inserts new subregulations (4) and (5).

 

Item [169] -- Subregulation 101.155 (4), including the note

Item [169] substitutes new subregulation 101.155 (4) to provide that a person may apply to CASA, in writing, for approval to release small balloons. Previously there was no such express provision, but one is now required to ensure that provisions in relation to an application for an authorisation apply to an application for an approval.

 

For new subregulaion 101.155 (4), a Note explains that an application must be in the approved form, include all the information required by these Regulations and be accompanied by every document required by these Regulations. The Note also refers readers to regulation 11.030 about when an application for an authorisation is taken to be complete.

 

Item [169] also adds new subregulation 101.155 (5) to make the issue of approvals to release small balloons (that is, an approval under subregulation 101.155 (4)) to an applicant subject to the requirements in regulation 11.055 about issue of authorisations (see item [28]).

 

For new subregulation 101.155 (5), a Note sets out AAT review rights for approvals to release small balloons. A second Note indicates that CASA will tell the NOTAM office about the release of small balloons.

 

Item [170] -- After subregulation 101.275 (1), including the penalty

Item [170] inserts new subregulation 101.275 (1A) to provide that a person may apply to CASA, in writing, for approval to operate a large Unmanned Aerial Vehicle (UAV). Previously there was no such express provision, but one is now required to ensure that provisions in relation to an application for an authorisation apply to an application for an approval. A Note explains that an application must be in the approved form, include all the information required by these Regulations and be accompanied by every document required by these Regulations. The Note also refers readers to regulation 11.030 about when an application for an authorisation is taken to be complete. A second note explains that CASR Part 11 deals with applications and decision making.

 

Item [170] also inserts new subregulation 101.275 (1B) to make the issue of an approval to operate a large UAV to an applicant, subject to the requirements in regulation 11.055 about issue of authorisations (see item 28). A note sets out AAT review rights in relation to approvals. A second Note explains that for certification as an operator of UAVs, the reader should refer to Division 101.F.4.

 

Item [171] -- Subregulation 101.275 (3)

Item [171] is consequential on items [34] and [37] about conditions on authorisations as regulations 11.056 and 11.067 now make provisions for imposition of conditions and therefore subregulation 101.275(3) needs to make reference to those regulations.

 

Item [172] -- Subregulation 101.275 (5), including the note

Item [172] omits subregulation 101.275(5).

 

Item [173] -- Subregulation 101.275 (6)

Item [173] is consequential on item [38], namely new regulation 11.077 about breach of conditions, and the repeal of subregulation 101.275 (4) (see item [280]).

 

Item [174] -- Division 101.F.3, heading

Item [174] substitutes a new heading for Division 101.F.3 in order to include a Note to the effect that in addition to the provisions of this Division, CASR Part 11 contains provisions relating to an application for certification as a UAV controller.

 

Item [175] -- Before subregulation 101.290 (1)

Item [175] inserts new subregulation 101.290 (1A) to provide that an individual (that is a person not a corporate body) may apply to CASA, in writing, for certification as a UAV controller. Previously there was no such express provision, but one is now required to ensure that provisions in relation to an application for an authorisation apply to an application for certification. A Note explains that an application must be in the approved form, include all the information required by these Regulations and be accompanied by every document required by these Regulations. The Note also refers readers to regulation 11.030 about when an application for an authorisation is taken to be complete.

 

Item [176] -- Subregulation 101.295 (2)

Item [176] makes certification as a UAV controller (that is, certification under subregulation 101.295 (2)) of an applicant subject to the requirements in regulation 11.055 about issue of authorisations (see item [28]). Also the previously discretionary nature of the issue ('a person is eligible') is modified to an obligation ('CASA must'), provided the (unchanged) requirements are met.

 

Item [177] -- Subregulation 101.295 (2), at the foot

Item [177] inserts a new Note settings out the AAT review rights in relation to certification as a UAV controller, and referring readers to section 31 of the Act concerning review rights.

 

Item [178] -- Subregulation 101.300 (2)

Item [178] is consequential on items [34] and [37] about conditions.

 

Item [179] -- Division 101.F.4, heading

Item [179] substitutes a new heading for Division 101.F.3 and includes a Note to the effect that in addition to the provisions of this Division, Part 11 contains provisions relating to an application for certification as a UAV controller.

 

Item [180] -- Before subregulation 101.330 (1)

Item [180] inserts new subregulation 101.330 (1A) to provide that an individual (that is a person not a corporate body) may apply to CASA, in writing, for certification as a UAV operator. Currently there is no such express provision, but one is now required to ensure that provisions in relation to an application for an authorisation apply to an application for certification. A Note explains that an application must be in the approved form, include all the information required by the Regulations and be accompanied by every document required by these Regulations. The Note also refers readers to regulation 11.030 about when an application for an authorisation is taken to be complete.

 

Item [181] -- Before subregulation 101.335 (1)

Item [181] inserts a new subregulation 101.335 (1A) to make the issue of certification as a UAV operator to an applicant, subject to the requirements in regulation 11.055 about issue of authorisations (see item [28]). A Note sets out AAT review rights in relation to certification, and also refers readers to section 31 of the Act.

 

Item [182] -- Subregulation 101.340 (4)

Item [182] is consequential on items [34] and [37] (for conditions on certification of a person as a UAV operator) as regulations 11.056 and 11.067 now make provisions for imposition of conditions and therefore subregulation 101.340(4) needs to make reference to those regulations.

 

Item [183] -- Subregulation 137.045 (5), notes

Item [183] substitutes a new Note to subregulation 137.045 (about applications for aerial application operations AOCs) to the effect that for matters about which CASA must be satisfied before issuing an AOC, readers should see section 28 of the Act.

 

Item [184] -- Subregulation 137.050 (3) (first occurrence)

Item 184 modifies the timeframe for a deemed refusal of an application for an AOC. Thus, the item substitutes 90 days (instead of 30 days) as the period at the end of which, if CASA has not approved or refused the application for an AOC, the application is taken to have been refused. The change is required because 30 days is too short a period of time in which to consider an application under Part 137.

 

Item [185] -- Subregulation 137.050 (3) (second occurrence)

Item [185] re-drafts and re-numbers this subregulation to modify the timeframe for a deemed refusal of an application for a variation of an AOC. Thus, the item substitutes 90 days (instead of 30 days) as the period at the end of which, if CASA has not approved or refused the application for variation, the application is taken to have been refused. The change is required because 30 days is too short a period of time in which to consider an application under Part 137.

 

Item [186] -- Regulation 139.010, after definition of MBZ

Item [186] provides that the expression 'time-limited works' has the same meaning as in the Manual of Standards.

 

Item [187] -- Subregulation 139.045 (1)

Item [187] is editorial.

 

Item [188] -- Regulation 139.050

Item [188] makes the grant of an aerodrome certificate to an applicant subject to the requirements in regulation 11.055 about issue of authorisations (see item [28]).

 

Item [189] -- Subregulation 139.085 (1)

Item [189] makes the grant of a temporary aerodrome certificate to an applicant subject to the requirements in regulation 11.055 about issue of authorisations (see item [28]).

 

Item [190] -- Paragraph 139.085 (1) (b)

Item [190] replaces the mention of regulation 139.075 (about notices seeking cancellation of a certificate, which is repealed by item [280]) with the mention of regulation 11.130 (about requests for cancellation of authorisations).

 

Item [191] -- Paragraph 139.095 (c)

Item [191] is consequential on the repeal of the specific Part 139 exemption provision in regulation 139.020 (see item [280]) and the use instead of the broader exemption powers under regulation 11.160 (see item [56]).

 

Item [192] -- Subregulation 139.185 (3)

Item [192] is consequential on the repeal of the specific Part 139 exemption provision in regulation 139.020 (see item [280]) and the use instead of the broader exemption powers under regulation 11.160 (see item [56]).

 

Item [193] -- Subregulation 139.320 (1), at the foot

Item [193] inserts a Note explaining that an application (for approval to conduct aerodrome safety inspections) must be in the approved form, include all the information required by these Regulations and be accompanied by every document required by these Regulations. The Note also refers readers to regulation 11.030 about when an application for an authorisation is taken to be complete. A second Note explains that Part 11 deals with applications and decision making.

 

Item [194] -- Subregulation 139.320 (2)

Item [194] makes the issue of approval to conduct aerodrome safety inspections to an applicant subject to the requirements in regulation 11.055 about issue of authorisations (see item [28]).

 

Item [195] -- Subregulation 139.320 (2), at the foot

Item [195] inserts a Note at the foot of subregulation 139.320 (2) (about approval of persons to conduct aerodrome safety inspections) setting out AAT review rights in relation to approvals.

 

Item [196] -- Paragraph 139.420 (2) (b)

Item [196] is consequential on the repeal of the specific Part 139 exemption provision in regulation 139.020 (see item [280]) and the use instead of the broader exemption powers under regulation 11.160 (see item [56]).

 

Item [197] -- Subregulation 139.430 (3)

Item [197] makes the grant of certification as a Certified Air/Ground Radio Operator to an applicant subject to the requirements in regulation 11.055 about issue of authorisations (see item [28]).

 

Item [198] -- Subpart 139.H, heading, except the note

Item [198] substitutes a new heading for Subpart 139.H, namely 'Aerodrome rescue and firefighting services' (to correct a typographical error in 'firefighting').

 

Item [199] -- Subregulation 139.700 (2), at the foot

Item [199] inserts a new note at the foot of subregulation 139.700 (2) (about the scope of Subpart 139.H) to the effect that in addition to the provisions of this Subpart, CASR Part 11 contains provisions relating to an application for approval as a provider of an aerodrome rescue and firefighting service.

 

Item [200] -- Subregulation 139.711 (1)

Item 200 is editorial.

 

Item [201] -- Subregulation 139.910 (3)

Item 201 is editorial.

 

Item [202] -- Before subregulation 139.925 (1)

Item [202] adds new subregulation 139.925 (1A) to provide that an eligible person (that is a person described in subregulation 139.925 (2)) may apply to CASA for approval as an aerodrome rescue and firefighting service (ARFFS) provider. Previously there was no such express provision, but one is now required to ensure that provisions in relation to an application for an authorisation apply to an application for certification.

 

Item [203] -- Subregulations 139.925 (3) and (4)

Item [203] substitutes new subregulations 139.925 (3) and (4) (about what is to be included in an application for approval as an ARFFS provider) to update corporations law references, and remove a redundant reference to provision of other information (CASA's ability to obtain which is subsumed in regulation 11.030).

 

Item [204] -- Subregulation 139.925 (5), at the foot

Item [204] inserts a Note explaining that an application (for approval as an ARFFS provider) must be in the approved form, include all the information required by these Regulations and be accompanied by every document required by these Regulations. The Note also refers readers to regulation 11.030 about when an application for an authorisation is taken to be complete.

 

Item [205] -- Subregulation 139.965 (1)

Item [205] substitutes a new subregulation 139.965 (1) to make the issue of an ARFFS provider approval to an applicant, subject to the requirements in regulation 11.055 about issue of authorisations (see item [28]). A Note sets out AAT review rights in relation to certification.

 

Item [206] -- Subregulation 139.965 (6)

Item [206] is consequential on items [34] and [37] (for conditions on an ARFFS provider approval) as regulations 11.056 and 11.067 now make provision for imposition of conditions and therefore subregulation 139.965(6) needs to make reference to those regulations.

 

Item [207] -- Subregulation 139.970 (2)

Item [207] is consequential on the repeal of regulations 139.940 and 139.945 (see item [280]), and the application of CASR Part 11 to ARFFS provider approvals (see items [28] and [38]), with the result that interview requests and further information requests by CASA are now governed by regulations 11.035 and 11.040 in CASR Part 11.

 

Item [208] -- Subregulation 139.970 (3)

Item [208] omits reference to 'regulation 139.950 or 139.960' in subregulation 139.970 (3) about what statutory declarations CASA may ask an applicant to provide in relation to an application for an ARFFS provider approval. The item substitutes reference to 'regulation 11.047 or subregulation 11.050 (3A)' which now govern such matters for the issue of all authorisations (see items [22] and [25]). Regulations 139.950 and 139.960 are repealed (see item [280]).

 

Item [209] -- Subregulation 139.970 (4)

Item [209] substitutes a new subregulation 139.970 (4) to omit mention of comment that CASA may ask an applicant to provide in relation to an application for an ARFFS provider approval. The new subregulation substitutes mention of a written submission under subregulation 11.050 (2) which now governs such matters for the issue of all authorisations.

 

Item [210] -- Subregulation 139.995 (2)

Item [210] recasts subregulation 139.995 (2) to remove mention of applicants for ARFFS provider approvals variations not being required to give CASA information or documents that have already been given to CASA. Such matters are now dealt with under CASR Part 11 and a new Note explains that Part 11 contains provisions relating to applications for variation of an ARFFS provider approvals.

 

Item [211] -- Regulation 143.027

Item [211] is consequential on items [34] and [37] (for conditions on an approval as an air traffic service (ATS) training provider) as regulations 11.056 and 11.067 now make provision for imposition of conditions and therefore regulation 143.027 needs to make reference to those regulations.

 

Item [212] -- Subpart 143.F, heading, including the note

Item [212] substitutes a new heading for the purpose of inserting a Note to the effect that in addition to the provisions of this Subpart, CASR Part 11 contains provisions relating to an application for approval as an ATS training provider.

 

Item [213] -- Before regulation 143.120

Item [213] inserts new regulation 143.118 to make provision for applications for approval as an ATS training provider (consequential on the repeal of regulation 143 (see item [280]), and inserts a new Note explaining that an application must be in the approved form, include all the information required by these Regulations and be accompanied by every document required by these Regulations. The Note also refers readers to regulation 11.030 about when an application for an authorisation is taken to be complete.

 

Item [214] -- Regulation 143.130

Item [214] recasts subregulation 143.130 about applications for approval as an ATS training provider, to remove provisions about information and documents to be supplied (now governed by CASR Part 11) and to update a corporation's law reference.

 

Item [215] -- Regulation 143.145

Item 215 substitutes a new regulation 143.145 in relation to CASA requiring demonstrations of procedures or equipment by an applicant for approval as an ATS training provider, to indicate that regulation 11.045 governs such matters.

 

Item [216] -- Regulation 143.175

Item [216] substitutes a new subregulation 143.175 to make the issue of an ATS training provider approval to an applicant, subject to the requirements in regulation 11.055 about issue of authorisations (see item [28]). A Note sets out AAT review rights in relation to approvals.

 

Item [217] -- Subregulation 143.180 (3)

Item [217] omits reference to 'regulation 143.145, 143.150 or 143.155' in subregulation 143.180 (3) about what tests, interviews, demonstrations or documents CASA may ask an applicant to do or provide in relation to an application for a an ATS training provider approval. The item substitutes reference to 'regulation 11.035, 11.040 or 11.045' which now govern such matters for the issue of all authorisations (see items [15], [17] and [21]). Regulations 143.145, 143.150 and 143.155 are repealed (see items [215] and [280]).

 

Item [218] -- Subregulation 143.180 (4)

Item [218] omits reference to 'regulations 143.160 or 143.170' in subregulation 143.180 (4) about what statutory declarations CASA may ask an applicant to provide in relation to an application for an ATS training provider approval. The item substitutes reference to 'regulation 11.047 or subregulation 11.050 (3A)' which now govern such matters for the issue of all authorisations (see items [22] and [25]). Regulations 143.160 and 143.170 are repealed (see item [280]).

 

Item [219] -- Subregulation 143.180 (5)

Item [219] substitutes a new subregulation 143.180 (5) to omit mention of comment that CASA may ask an applicant to provide in relation to an application for an ATS training provider approval. The new subregulation substitutes mention of a written submission under subregulation 11.050 (2) which now governs such matters for the issue of all authorisations.

 

Item [220] -- Regulation 143.192

Item [220] relocates regulation 143.192 (about cancellation of certain ATS training provider approvals if cooperation with Airservices Australia ceases) so that it is renumbered as regulation 143.245.

 

Item [221] -- Subregulation 143.235 (1)

Item [221] makes subregulation 143.235 (1) (about discretionary ('may') cancellation of an ATS training provider approval after a show cause notice), subject to renumbered regulation 143.245 (about mandatory ('must') cancellation of certain ATS training provider approvals if cooperation with Airservices Australia ceases).

 

Item [222] -- Subpart 171.B, heading

Item [222] substitutes a new heading for the purpose of inserting a Note to the effect that in addition to the provisions of this Subpart, CASR Part 11 contains provisions relating to an application for approval as a telecommunication or radionavigation service provider.

 

Item [223] -- Before subregulation 171.020 (1)

Item [223] inserts new subregulation 171.020 (1A) to provide that an eligible person (that is a person described in subregulation 171.020 (2)) may apply to CASA for approval as a telecommunication or radionavigation service provider. Previously there was no such express provision, but one is now required to ensure that provisions in relation to an application for an authorisation apply to an application for approval. The application is subject to new regulation 171.022 (about joint applications not permitted), which was previously regulation 171.165 (see item [231]).

 

Item [224] -- Subregulation 171.020 (1)

Item [224] is consequential on item [223] as it amends subregulation 171.020(1) to make reference to subregulation 1(A) inserted by item [223].

 

Item [225] -- Regulation 171.020, at the foot

Item [225] inserts a new Note at the end of regulation 171.020 (about applications for approval as a telecommunication or radionavigation service provider) to the effect that an application must be in the approved form, include all the information required by these Regulations and be accompanied by every document required by these Regulations. The Note also refers readers to regulation 11.030 about when an application for an authorisation is taken to be complete.

 

Item [226] -- Subregulation 171.025 (2), excluding the note

Item [226] updates a reference to the corporation's law with a reference to the Corporations Act 2001.

 

Item [227] -- After regulation 171.025

Item [227] inserts new regulation 171.026 in relation to CASA requiring demonstrations of procedures or equipment by an applicant for approval as a telecommunication or radionavigation service provider, to indicate that regulation 11.045 governs such matters.

 

Item [227] also inserts new regulation 171.027 under which CASA must grant approval to an applicant for a telecommunication service or a radionavigation service provider approval only if CASA approves the applicant's draft operations manual. The grant of the approval is also, subject to the requirements in regulation 11.055 about issue of authorisations (see item [28]). A Note sets out AAT review rights in relation to approvals.

 

Item [227] also inserts new regulation 171.028 about when a decision on an application for a telecommunication or radionavigation service provider approval (or variation) must be made. If CASA does not make a decision about an application within 90 days after receiving it, CASA is taken to have refused it. However, if CASA makes a request under regulation 11.035, 11.040 or 11.045 (about tests, interviews provision of further information and demonstrations), the time between when CASA makes the request, and when the applicant conducts the demonstration, comes in for interview, or gives CASA the information or copy requested, does not count towards the period. If CASA asks an applicant to make a statutory declaration under regulation 11.047 or subregulation 11.050 (3A), the time between when CASA asks the applicant to do so and when the applicant gives CASA the statutory declaration does not count towards the period. If CASA invites an applicant to make a written submission under subregulation 11.050 (2), the time between when CASA gives the invitation and when the applicant makes the written submission does not count towards the period of 90 days after which if CASA has not taken a decision, the application is taken to have been refused.

 

Item [227] also inserts new regulation 171.029 about conditions on an approval as a telecommunication or radionavigation service provider. Without limiting regulations 11.056 and 11.067 (about conditions under Part 11), CASA may impose a condition that restricts the kind of telecommunication or radionavigation service to be provided; or the way in which a service is provided; or the coverage of a service; or the time during which a service is provided. In particular, CASA may impose, on an approval, any condition necessary to give effect to an arrangement mentioned in subsection 11 (3) of the Air Services Act 1995.

 

Item [228] -- Paragraph 171.035 (1) (a)

Item [228] amends paragraph 171.035 (1) (a) (about changes to an approved telecommunication or radionavigation service provider's service) and is consequential on item [35] under which such approvals will be issued on and after 27 June 2011.

 

Item [229] -- Paragraph 171.035 (3) (b)

Item [229] amends paragraph 171.035 (3) (b) (about when a change to an approved telecommunication or radionavigation service provider's service is to come into effect following approved amendments to the provider's manual) to mention regulation 11.065 as the provision which governs when authorisations come into effect, not regulation 171.210 (which is repealed - see item [280]).

 

Item [230] -- Subpart 171.E, heading, including the note

Item [230] substitutes a new heading for Subpart 171.E, namely, Suspension and cancellation of approvals, and directions to vary manuals. The previous heading Note is also deleted.

 

Item [231] -- Regulation 171.165

Item [231] relocates regulation 171.165 (prohibiting a joint application for approval as a telecommunication or radionavigation service provider) so that it is renumbered as regulation 171.022.

 

Item [232] -- Subpart 172.F, heading, including the note

Item [232] substitutes a new heading for the purpose of inserting a Note to the effect that in addition to the provisions of this Subpart, CASR Part 11 contains provisions relating to an application for approval as a telecommunication or radionavigation service provider.

 

Item [233] -- Before regulation 172.205

Item [233] inserts new regulation 172.202 to the effect that subject to regulation 172.205 (prohibiting a joint application for approval as an air traffic service (ATS) provider) a person may apply to CASA, in writing, for approval as an ATS provider. The previous application provision is repealed - see item [280]. A new Note is inserted to the effect that an application must be in the approved form, include all the information required by these Regulations and be accompanied by every document required by these Regulations. The Note also refers readers to regulation 11.030 about when an application for an authorisation is taken to be complete.

 

Item [234] -- Regulation 172.215

Item [234] substitutes a new regulation 172.215 to recast the provision for a corporate application for approval as an ATS provider, to remove provisions about information and documents to be supplied (now governed by CASR Part 11) and to update a corporation's law reference.

 

Item [235] -- Regulation 172.230

Item [235] substitutes a new regulation 172.230 in relation to CASA requiring demonstrations of procedures or equipment by an applicant for approval as an ATS provider, to indicate that regulation 11.045 governs such matters.

 

Item [236] -- Regulation 172.260

Item [236] substitutes a new regulation 172.260 about when CASA must approve an applicant for approval as an ATS provider. If an applicant has applied for approval CASA must grant it. However, CASA must refuse an application for an approval for an air traffic service to be provided in particular airspace, or for a particular aerodrome, if anyone else who is an ATS provider already provides that service in that airspace or for that aerodrome. Also, the issue of an ATS provider approval to an applicant is subject to the requirements in regulation 11.055 about issue of authorisations (see item [28]). A Note sets out AAT review rights in relation to approvals.

 

Item [237] -- Subregulation 172.265 (3)

Item [237] omits reference to 'regulations 172.230, 172.235 or 172.240' in subregulation 172.265 (3) about what tests, interviews, demonstrations or documents CASA may ask an applicant to do or provide in relation to an application for a an ATS provider approval. The item substitutes reference to 'regulations 11.035, 11.040 or 11.045' which now govern such matters for the issue of all authorisations (see items [15], [17] and [21]). Regulations 172.230, 172.235 and 172.240 are repealed (see items [235] and [280]).

 

Item [238] -- Subregulation 172.265 (4)

Item [238] omits reference to 'regulations 172.245 or 172.255' in subregulation 172.265 (4) about what statutory declarations CASA may ask an applicant to provide in relation to an application for an ATS provider approval. The item substitutes reference to 'regulation 11.047 or subregulation 11.050 (3A)' which now govern such matters for the issue of all authorisations (see items [22] and [25]). Regulations 172.245 and 172.255 are repealed (see item [280]).

 

Item [239] -- Subregulation 172.265 (5)

Item [239] substitutes a new subregulation 172.265 (5) and inserts new subregulation 172.265 (6) to the effect that if CASA invites an applicant for an ATS provider approval (or variation) to make a written submission under subregulation 11.050 (2), the time between when CASA gives the invitation and when the applicant makes the written submission does not count towards the period of 6 months after which if CASA has not taken a decision, the application is taken to have been refused.

 

Item [240] -- Regulation 172.270

Item [240] substitutes a new regulation 172.270 to provide that without limiting regulations 11.056 and 11.067 (about the conditions that may be imposed on an authorisation like an approval to be an ATS provider - see items [34] and [37]), CASA may impose, on an approval, any condition necessary to give effect to an arrangement mentioned in subsection 11 (3) of the Air Services Act 1995.

 

Item [241] -- Division 173.B.1, heading

Item [241] substitutes a new heading for the purpose of inserting a Note to the effect that in addition to the provisions of this Division, Part 11 contains provisions relating to an application for certification as a certified designer.

 

Item [242] -- Subregulation 173.045 (1)

Item [242] substitutes a new subregulation 173.045 (1) to the effect that a person may apply to CASA, in writing, for a procedure design certificate. A new Note is inserted to the effect that an application must be in the approved form, include all the information required by these Regulations and be accompanied by every document required by these Regulations. The Note also refers readers to regulation 11.030 about when an application for an authorisation is taken to be complete.

 

Item [243] -- Subregulation 173.045 (2), at the foot

Item [243] inserts a new Note at the foot of subregulation 173.045 (2) (about applications for procedure design certificates) to the effect that CASR Part 11 also contains provisions relating to such applications.

 

Item [244] -- Regulations 173.065 and 173.070

Item [244] substitutes a new regulation 173.065 to the effect that a procedure design certificate remains in force unless it is cancelled. The item also substitutes a new regulation 173.070 to the effect that an application to vary a procedure design certificate must contain, or have with it, a copy of the proposed variation.

 

Item [245] -- Division 173.C.1, heading

Item [245] substitutes a new heading for the purpose of inserting a Note to the effect that in addition to the provisions of this Division, CASR Part 11 contains provisions relating to an application for the grant of a procedure design authorisation.

 

Item [246] -- Subregulation 173.220 (1)

Item [246] substitutes a new subregulation 173.220 (1) to the effect that a person may apply to CASA, in writing, for a procedure design authorisation. A new Note is inserted to the effect that an application must be in the approved form, include all the information required by these Regulations and be accompanied by every document required by these Regulations. The Note also refers readers to regulation 11.030 about when an application for an authorisation is taken to be complete.

 

Item [247] -- Subregulation 173.220 (2), at the foot

Item [247] inserts a new Note at the foot of subregulation 173.220 (2) (about applications for the grant of a procedure design authorisation) to the effect that CASR Part 11 also contains provisions relating to an application for such an authorisation.

 

Item [248] -- Regulations 173.240 and 173.245

Item [248] substitutes a new regulation 173.240 to the effect that a procedure design authorisation remains in force unless it is cancelled. The item also substitutes a new regulation 173.245 to the effect that an application to vary a procedure design authorisation must contain, or have with it, a copy of the proposed variation.

 

Item [249] -- Subpart 173.E, heading, including the note

Item [249] makes editorial changes and will also remove a redundant Note.

 

Item [250] -- Division 173.E.1, heading

Item [250] substitutes a new Division heading, namely, 'Grant of procedure design certificates and procedure design authorisations'. The item also inserts a new Note to the effect that in addition to the provisions of this Division, CASR Part 11 contains provisions relating to the grant of a procedure design certificate or procedure design authorisation.

 

Item [251] -- Regulations 173.330 and 173.335

Item 251 substitutes a new regulation 172.330 in relation to CASA requiring demonstrations of equipment by an applicant for a procedure design certificate or a procedure design authorisation, to indicate that regulation 11.045 governs such matters.

 

Item [251] also substitutes a new regulation 173.335 about when CASA must grant a procedure design certificate or a procedure design authorisation. If an applicant has applied, CASA must grant the application. However, the grant is subject to the requirements in regulation 11.055 about issue of authorisations (see item [28]). A Note sets out AAT review rights in relation to approvals, and also refers readers to section 31 of the Act.

 

Item [252] -- Subregulation 173.345 (2)

Item [252] is consequential on items [34] and [37] (for conditions on a procedure design certificate or a procedure design authorisation) as regulations 11.056 and 11.067 now make provision for imposition of conditions and therefore subregulation 173.345(2) needs to make reference to those regulations.

 

Item [253] -- Subregulation 173.350 (2)

Item [253] omits reference to 'regulations 173.320, 173.325 or 173.330' in subregulation 173.350 (2) about what tests, interviews, demonstrations or documents CASA may ask an applicant to do or provide in relation to an application for a procedure design certificate or a procedure design authorisation. The item substitutes reference to 'regulations 11.035, 11.040 or 11.045' which now govern such matters for the issue of all authorisations (see items [15], [17] and [21]). Regulations 173.320, 173.325 and 173.330 are repealed (see items [251] and [280]).

 

Item [254] -- After subregulation 173.350 (2)

Item [254] inserts new subregulation 173.350 (2A) to the effect that if CASA asks an applicant for a procedure design certificate or a procedure design authorisation to make a statutory declaration under regulation 11.047 or subregulation 11.050 (3A), the time between when CASA asks the applicant to do so and when the applicant gives CASA the statutory declaration does not count towards the period of 6 months after which if CASA has not taken a decision, the application is taken to have been refused.

 

Item [255] -- Subregulation 173.350 (3)

Item [255] amends subregulation 173.350 (3) (about the suspension of the time for decision-making when CASA invites a submission from an applicant for a procedure design certificate or a procedure design authorisation) to delete mention of subregulation 173.340 (4) (which has been repealed (see item [280]), and to insert mention of subregulation 11.050 (2) which governs this matter.

 

Item [256] -- After subregulation 173.350 (3)

Item [256] inserts a new definition of 'application' so that the word includes an application to vary a procedure design certificate or procedure design authorisation.

 

Item [257] -- Part 183

Item [257] omits the heading for Part 183 which does not exist and is no longer proposed.

 

Items [258] -- Paragraphs 201.004 (a) and (b)

Item [258] recasts certain paragraphs of regulation 201.004 (about AAT review rights) to take account of the operation of CASR Part 11 for authorisations. For practical purposes, no AAT review rights have been lost but instead become exercisable in relation to authorisations under CASR Part 11.

 

Item [259] -- Subparagraphs 201.004 (m) (ii) and (iii)

Item [259] is consequential on item [258].The item removes specific types of decisions that are reviewable in the AAT as item [258] imposes a more generic description of decisions that are reviewable, including decisions to impose or vary conditions under CASR Part 11.

 

Item [260] -- Paragraphs 201.004 (n) and (o)

Item [260] is consequential on item [258]. The item removes specific types of decisions that are reviewable in the AAT as item [258] imposes a more generic description of decisions that are reviewable, including decisions to impose or vary conditions under CASR Part 11.

 

Item [261] -- Regulation 201.020

Item [261] substitutes a new regulation 201.020, Service of documents, to reflect the address of CASA's headquarters in Canberra and to remove any doubt that service is only effective when it is to this headquarters address.

 

Item [262] -- Subpart 202.AB

Item [262] substitutes a new Subpart heading in order to remove an erroneous Note. A second Note is retained to the effect that the Subpart heading is reserved for future use.

 

Item [263] -- After subregulation 202.010 (1)

Item [263] inserts new subregulation 202.010 (1A) to the effect that despite the repeal of regulation 7 of CAR, a delegation under that regulation of a power or function under CAR, being a delegation that was in force immediately before 27 June 2011, continues to have effect on and after 27 June 2011 according to its terms (including any condition imposed on such a delegation - see also item [79]).

 

Item [264] -- Subregulation 202.010 (3)

Item [264] is consequential on item [263] which inserts a new subregulation 202.010(1A). Therefore, the cross references in subregulation 202.010 needed to be amended by item [264].

 

Item [265] -- Subregulations 202.010 (4) and (5)

Item [265] is editorial and consequential on item [263] which inserts a new subregulation 202.010(1A). Therefore, the cross references in subregulation 202.010 needed to be amended by item [265].

 

Item [266] -- Regulation 202.011, heading

Item [266] substitutes a new heading for regulation 202.011, namely, 'Continuation of exemptions under regulation 308 of CAR'.

 

Item [267] -- Subregulation 202.011 (2)

Item [267] substitutes transitional provision, subregulation 202.011 (2), consequential on the repeal of regulation 308 of CAR (see item [2] in Schedule 2), and changes in the scope of Subpart 11.F, Exemptions from provisions of these regulations and Civil Aviation Orders, (see item 54 et seq.). The intention is to ensure that a regulation 308 exemption that was in force immediately before 27 June 2011, continues in force, on and after 27 June 2011, according to its terms.

 

Item [267] also provides that if before 27 June 2011, a person asked CASA for an exemption under regulation 308 of CAR; and CASA did not, before 27 June 2011, decide whether or not to grant the exemption; the request is taken, on and after 27 June 2011, to be an application under regulation 11.165 for an exemption under Division 11.F.1.

 

Item [268] -- After regulation 202.011

Item [268] inserts six new transitional regulations in similar terms to provide that despite the repeal of relevant regulations or subregulations empowering the making of certain exemptions or exclusions, (see item [2] in Schedule 2), an exemption or exclusion that was in force under the relevant regulation or subregulation immediately before 27 June 2011 continues to have effect, on and after 27 June 2011, according to its terms.

 

Each of the new transitional regulations also has a provision in similar terms to provide that if before 27 June 2011, a person asked CASA for an exemption or exclusion under the relevant regulation or subregulation; and CASA did not, before 27 June 2011, decide whether or not to grant the exemption or exclusion; the request is taken, on and after 27 June 2011, to be an application under regulation 11.165 for an exemption under Division 11.F.1.

 

The six transitional provisions relate to exemptions under subregulations 82 (3) and 235 (11) of CAR, exclusions under regulations 92.080 and 92.155 of CASR, and exemptions under regulations 101.040 and 139.020 of CASR.

 

Item [268] also inserts new regulation 202.011G, 'Renewal, variation and revocation of exemptions', to provide that an exemption or exclusion mentioned in any of regulations 202.011 to 202.011F) may be varied or revoked under Subpart 11.F as if it were an exemption granted under Division 11.F.1. New subregulation 202.011G (2) provides that for regulation 11.175 (about renewal of exemptions), an exemption or exclusion that has effect under any of regulations 202.011 to 202.011F is taken to be an exemption previously granted under Division 11.F.1.

 

Item [269] -- After regulation 202.012

Item [269] inserts a new transitional regulation to preserve the continuation of certain delegations. Thus new regulation 202.013, Delegations to persons other than officers, provides that despite the amendment (in item [77]) of regulation 11.260 that commenced on 27 June 2011 limiting the Director's power to delegate a power of CASA under these Regulations to a person other than an officer, a delegation to a person other than an officer that was in force immediately before 27 June 2011 continues in force on and after 27 June 2011 according to its terms; and CASA may revoke such a delegation, in whole or in part, as if regulation 11.260 had not been amended.

 

Item [270] -- Subpart 202.HJ

Item [270] omits the heading for Subpart 202.HJ concerning transitional provisions for Part 183 (Authorised representatives). This Part does not exist and is no longer proposed to be made in the future (see also item [257]).

 

Item [271] -- Dictionary, Part 1, after definition of approved

Item [271] inserts a definition of 'approved form' which means for an application -- the form approved by CASA under subregulation 11.030 (3) for the application (if any); and for a document other than an application -- the form approved by CASA under regulation 11.018 for the document (if any).

 

Item [272] -- Dictionary, Part 1, before definition of ARN

Item [272] inserts a definition of 'ARFFS provider' which has the meaning given by subregulation 139.705 (1).

 

Item [273] -- Dictionary, Part 1, definition of drug-critical authorisation

Item [273] omits the definition of 'drug-critical authorisation' which is not required.

 

Item [274] -- Dictionary, Part 1, after definition of high power rocket

Item [274] inserts a definition of 'holder' of an authorisation (within the meaning given in CASR Part 11) which means if the authorisation has not been transferred -- the person to whom it was granted; or if the authorisation has been transferred -- the person to whom it was transferred or, if it has been transferred more than once, the person to whom it was most recently transferred.

 

Item [275] -- Dictionary, Part 1, definitions of probity-critical authorisation and time-limited works

Item [275] omits the definitions of 'probity-critical authorisation' and 'time-limited works' which are not required.

 

Item [276] -- Dictionary, Part 2, clause 20, including the note

Item [276] omits a reserved clause (concerning authorised representatives) that is not required.

 

Item [277] -- Further amendments -- these Regulations

Item [277] lists a series of provisions that are amended by omitting each mention of 'CASR' and inserting 'these Regulations'. The expression 'these Regulations' is defined in the Dictionary as including CAR. The provisions are as follows:

                   *     subregulations 11.010 (2), (7) and (9)

                   *     regulation 11.015, definition of time-limited authorisation, paragraph (a)

                   *     paragraphs 11.030 (1) (b) and (c)

                   *     subregulation 11.030 (2)

                   *     regulation 11.045

                   *     paragraphs 11.055 (2) (a), (b), (c), (e), (f) and (g)

                   *     paragraphs 11.110 (2) (c)

                   *     paragraphs 11.140 (2) (a) and (c)

                   *     subregulation 11.140 (3)

                   *     regulations 11.150 and 11.155

                   *     paragraph 11.165 (3) (c)

                   *     subregulations 11.185 (1) and (2).

 

Item [278] -- Further amendments -- Internet

Item [278] lists provisions that are amended by omitting 'World Wide Web' and inserting 'Internet'. These provisions are as follows:

                   *     regulation 11.225

                   *     subregulations 11.275 (2) and (3)

                   *     subregulation 11.280 (1).

 

Item [279]       Further amendments -- section 3

Item [279] lists provisions that are amended by omitting 'subsection 3 (1)' (an incorrect reference to section 3 (Interpretation) of the Act) and inserting 'section 3':

                   *     subregulation 21.820 (4), note

                   *     subregulation 45.005 (2), note

                   *     subregulation 45.010, note

                   *     subregulation 45.035 (5), second note

                   *     subregulation 45.090 (2), note

                   *     subregulation 45.170 (2), second note

                   *     subregulation 47.015 (2), note

                   *     Dictionary, Part 1, definition of Contracting State.

 

Item [280]       Further amendments -- omissions

Item [280] lists provisions that are omitted essentially because the matter in them has been provided for in amended Part 11:

                   *     regulations 21.002A and 21.002B

                   *     subregulation 21.015 (1)

                   *     subregulations 21.098 (2) and (3)

                   *     subregulation 21.113 (3), except the source reference

                   *     subregulation 21.133 (3), except the source reference

                   *     subregulations 21.134 (2) to (5), including the note

                   *     subregulation 21.153 (3), except the source reference

                   *     subregulation 21.173 (2)

                   *     subregulations 21.176 (2), (5) and (5A), including the note

                   *     subregulations 21.195A (2), (5) and (6), including the note

                   *     subregulations 21.200 (2), (5) and (6), including the note

                   *     subregulations 21.201 (1) and (5), except the source reference and note

                   *     subregulation 21.235 (2)

                   *     regulation 21.304

                   *     regulations 47.120 and 47.125

                   *     paragraph 47.130 (2) (a)

                   *     regulations 47.135 and 47.200

                   *     paragraph 47.225 (1) (a)

                   *     subregulation 60.055 (4)

                   *     regulations 65.110 and 65.160

                   *     regulations 65.185 to 65.220 (inclusive) and 65.235 to 65.245 (inclusive)

                   *     subregulation 67.025 (3)

                   *     subregulation 67.030 (1)

                   *     paragraph 67.045 (1) (c), except the note

                   *     subregulations 67.045 (2) to (7), including the note

                   *     regulation 67.050

                   *     subregulations 67.060 (4) to (6)

                   *     subregulations 67.065 (2), (3) and (5) to (8), including the note

                   *     regulation 67.070

                   *     subregulations 67.080 (5) to (7)

                   *     regulation 67.085

                   *     subregulations 67.095 (4) and (5)

                   *     regulations 67.115 and 67.135

                   *     subregulations 67.195 (1), (3), (4) and (5)

                   *     regulations 92.060, 92.080 and 92.155

                   *     subregulation 99.445 (4)

                   *     regulations 101.040 and 101.045

                   *     subregulations 101.275 (2) and (4)

                   *     subregulations 101.290 (2) and (3)

                   *     subregulation 101.295 (1)

                   *     subregulation 101.300 (1)

                   *     regulations 101.305, 101.310 and 101.325

                   *     subregulations 101.330 (3) and (4)

                   *     subregulation 101.340 (3)

                   *     regulations 101.345, 101.350 and 101.370

                   *     regulation 139.020

                   *     subregulation 139.045 (2)

                   *     regulations 139.055 to 139.065 (inclusive)

                   *     regulation 139.075

                   *     regulations 139.930 to 139.960 (inclusive)

                   *     subregulations 139.965 (2) and (5)

                   *     regulations 139.975 to 139.990 (inclusive), 139.1000 and 139.1025

                   *     regulations 143.030, 143.040 and 143.045

                   *     subregulation 143.050 (3)

                   *     regulations 143.125, 143.135 and 143.140

                   *     regulations 143.150 to 143.170 (inclusive)

                   *     regulations 143.185, 143.190 and 143.195

                   *     Division 143.F.3

                   *     regulation 143.240

                   *     regulations 171.170 to 171.215 (inclusive)

                   *     regulations 171.240, 171.250 and 171.255

                   *     regulations 172.025, 172.035, 172.045 and 172.050

                   *     subregulation 172.055 (3)

                   *     regulations 172.210, 172.220 and 172.225

                   *     regulations 172.235 to 172.255 (inclusive)

                   *     regulations 172.275 and 172.280

                   *     Division 172.F.3

                   *     regulation 172.330

                   *     paragraph 173.045 (2) (a)

                   *     subregulation 173.045 (3)

                   *     subregulation 173.055 (2)

                   *     regulation 173.060

                   *     paragraph 173.220 (2) (a)

                   *     subregulation 173.220 (3)

                   *     regulations 173.230 and 173.235

                   *     regulations 173.320, 173.325 and 173.340

                   *     subregulation 173.345 (1)

                   *     regulations 173.355 and 173.360

                   *     Division 173.E.2

                   *     regulation 173.385

                   *     regulation 201.015.

 

Schedule 2 -- Amendments of Civil Aviation Regulations 1988

 

Item [1] -- Section 2AA

Item [1] omits a reference to 'subsection 3 (1)' (an incorrect reference to section 3 (Interpretation) of the Act) and inserts 'section 3':

 

Item [2] -- Further amendments -- omissions

Item [2] lists provisions that are omitted essentially because the matter in them has been provided for in amended Part 11:

                   *     subregulation 2 (1), definitions of flight service officer licence and holder

                   *     regulation 7

                   *     subregulations 30A (5) and (6)

                   *     regulation 30B

                   *     subregulation 31D (4)

                   *     regulation 33A

                   *     subregulation 33H (10)

                   *     regulations 5.10 to 5.12 (inclusive), 5.15, 5.16, 5.24 to 5.26 (inclusive), 5.28 and 5.29

                   *     subregulation 5.42 (1)

                   *     regulations 5.43 to 5.49 (inclusive)

                   *     subregulation 5.198 (6)

                   *     subregulation 82 (3)

                   *     regulations 83B to 83D (inclusive)

                   *     subregulations 181F (3) and (4)

                   *     regulation 181K

                   *     subregulations 181L (3) and (4)

                   *     subregulation 181M (2), except the note

                   *     regulation 181R

                   *     subregulation 235 (11)

                   *     subregulation 264 (2)

                   *     regulation 266

                   *     subregulation 297A (1), definition of reviewable decision, paragraphs (o), (p) and (x)

                   *     regulations 298, 299, 303A and 308.

 

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