Commonwealth Numbered Regulations - Explanatory Statements

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CIVIL AVIATION REGULATIONS (AMENDMENT) 1997 NO. 23

STATUTORY RULES 1997 No. 23

Issued by the authority of the Minister for Transport and Regional Development

Civil Aviation Act 1988

Civil Aviation Regulations (Amendment)

Subsection 98 (1) of the Civil Aviation Act 1988 (the Act) provides that the Governor-General may make regulations for the purposes of the Act and in relation to the safety of air navigation. The Civil Aviation Regulations have been made under that provision.

Under regulation 7 of the Civil Aviation Regulations, the Director of Aviation Safety may delegate all or any of CASA's powers and functions under those Regulations. The Director is ultimately responsible for the consistency, quality and effectiveness of the decisions of delegates in the exercise of their delegated regulatory powers, At present. however, the Director cannot issue binding directions to delegates as to the exercise of powers or the performance of functions that have been delegated.

Regulation 7 of the Civil Aviation Regulations has been amended to allow the Director of Aviation Safety to give directions as to how a delegate exercises a power or performs a function that has been delegated to him or her by, the Director.

DETAILS OF THE AMENDMENTS ARE AS FOLLOWS:

REGULATION 1

This regulation provides that the Civil Aviation Regulations (the Regulations) are amended as set out in these Regulations.

REGULATION 2

Regulation 2 inserts a new subregulation (3) into regulation 7 of the Regulations to provide for a delegate to be subject to any written directions of the Director of Aviation Safety in the exercise of a power or the performance of a function that has been delegated to him or her.

The Regulations commenced on gazettal.