Commonwealth Numbered Regulations - Explanatory Statements

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CIVIL AVIATION REGULATIONS (AMENDMENT) 1998 NO. 234

STATUTORY RULES 1998 No. 234

Issued by authority of the Minister for Transport & Regional Development

Civil Aviation Act 1988

Civil Aviation Regulations (Amendment)

Subsection 98(1) of the Civil Aviation Act 1988 permits the Governor-General to make regulations prescribing matters required or permitted to be prescribed by the Act, or necessary or convenient to be prescribed for carrying out or giving effect to the Act. In particular, subsection 98(3) of the Act provides that regulations may be made in relation to, inter alia:

"...(s) the planning, construction, establishment, maintenance and use of.

       (ii) services of the kind referred to in paragraph 8 (1) (b) of the Air Services Act 1995;...

The Civil Aviation Regulations (Amendment) (the Regulations) amend the Civil Aviation Regulations (CARs) to enable Airservices Australia to enter into arrangements with other organisations for the provision of air traffic services at airports.

Subparagraph 8(1)(b)(i) of the Air Services Act 1995 provides that it is a function of Airservices Australia (AA) to provide air traffic services for the purpose of giving effect to the Chicago Convention or otherwise for purposes relating to the safety, regularity or efficiency of air navigation. Subsection 11(3) of the Air Services Act provides that AA may provide a service itself, in co-operation with another person, or by arranging for another person to provide the service on its behalf.

The Regulations simply amend the definition of "Air Traffic Service" in the CARs. The previous definition was limited to "AA in its capacity as provider of air services under subparagraph 8(1)(b)(i) of the Air Services Act 1995"; the Regulations broaden the definition to enable air traffic services to be provided by an organisation other than AA, in co-operation with, or under an arrangement with, AA under subsection 11(3) of the Air Services Act. In the short term, this will enable the owners and operators of airports to use organisations other than AA to provide air traffic services (thereby enhancing flexibility and competitive tension in the provision of those services), although AA will maintain a supervisory role in relation to those services.

Details of the Regulations appear in the attachment to this explanatory statement.

NOTES ON CLAUSES

Clause 1 - Commencement

This clause provides that the Regulations commence on gazettal.

Clause 2 - Amendment

This clause provides that the Civil Aviation Regulations are amended as set out in the Regulations.

Clause 3 - Regulation 2 (Interpretation)

Clause 3 of the Regulations replaces the current definition of "Air Traffic Service" in subregulation 2(1) of the Civil Aviation Regulations with a new definition. The new definition imports the concept from paragraphs 11(3)(b) and 11(3)(c) of the Air Services Act 1995 that Airservices Australia may provide services in co-operation with, or by arrangement with, other people. The purpose of the amendment to the definition of "Air Traffic Service" is therefore to enable air traffic services to be provided by an organisation other than AA.

Because of the manner in which regulations in Part M of the CARs are phrased (particularly CAR 100), to date it has only been possible for employees of AA to give binding air traffic control instructions and to provide air traffic control clearances to aircraft. This stems from the definition of "Air Traffic Control" in and through it "Air Traffic Service". By amending the definition of "Air Traffic Service", there is a flow-on effect to "Air Traffic Control" which enables persons other than employees of AA to give air traffic control instructions and clearances.