Commonwealth Numbered Regulations - Explanatory Statements
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CIVIL AVIATION SAFETY AMENDMENT REGULATIONS 2011 (NO. 1) (SLI NO 164 OF 2011)
EXPLANATORY STATEMENT
Select Legislative Instrument 2011 No. 164
Issued under the authority of the Minister for Infrastructure and Transport
Civil Aviation Act 1988
Civil Aviation Safety Amendment Regulations 2011 (No. 1)
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. This 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.
Part IV of the Act - Drug and alcohol management plans and testing - authorises the making of regulations for and in relation to the development, implementation and enforcement of drug and alcohol management plans (DAMP), and of drug and alcohol testing, covering persons who perform safety-sensitive aviation activities.
Part 99 of the Civil Aviation Safety Regulations 1998 (CASR) gives effect to Part IV of the Act by establishing a framework for the development of DAMP and a regime for random drug and alcohol tests conducted by or on behalf of CASA.
The Regulations amend provisions under CASR Part 99 to reflect the terminology adopted in the maintenance CASR (CASR 42 - Continuing Airworthiness, CASR 66 - Maintenance Personnel Licensing, CASR 145 - Approved maintenance organisations and CASR 147 - Maintenance training organisations) that were inserted into CASR by the Civil Aviation and Civil Aviation Safety Amendment Regulations 2010 (No 1) and commenced on 27 June 2011.
CASA conducted formal public consultation on the Part 99 amendments through the release of consultation draft regulations on 27 June 2011. The period for public comment on the proposals closed on 4 July 2011. CASA did not receive any responses to the draft regulations by the closing date.
CASR Part 92 prescribes the minimum safety requirements for the consignment and carriage of dangerous goods by air. It includes provisions for documentation, incident reporting and personnel training.
The Regulations also amend CASR Part 92.105 - Training - certain employees of Australian freight forwarders, to correct an editorial drafting error that was introduced by Civil Aviation and Civil Aviation Safety Amendment Regulations 2011 (No 1) on 27 June 2011.
Details of the Regulations are set out in the Attachment.
The Regulations commence on the day following registration on the Federal Register of Legislative Instruments.
Authority: Subsection 98(1) of the
Civil Aviation Act 1988
Details of the Civil Aviation Safety Amendment Regulations 2011 (No. 1)
Regulation 1 -- Name of Regulations
Regulation 1 names the Regulations as the Civil Aviation Safety Amendment Regulations 2011 (No. 1).
Regulation 2 -- Commencement
Regulation 2 provides that the Regulations commence on the day following registration.
Regulation 3 -- Amendment of Civil Aviation Safety Regulations 1998
Regulation 3 provides that Schedule 1 amends the Civil Aviation Safety Regulations 1998.
Schedule 1 -- Amendments
Item [1] - Subregulation 92.105(1)
Item [1] would insert the correct regulation reference number (92.155) to correct an editorial drafting error in this subregulation.
Item [2] -- After paragraph 99.015 (2) (d)
Item [2] inserts new paragraph 99.015 (2) (da) to add issuing a certificate of release to service for an aircraft or aeronautical product, in relation to maintenance carried out on the aircraft or aeronautical product, as safety sensitive aviation activity to which Part 99 applies.
Item [3] -- Paragraph 99.030 (2) (j)
Item [3] inserts a new paragraph 99.030 (2) (j) and renumbers existing paragraph 99.030(2)(j) as new paragraph 99.030 (2)(k). New paragraph 99.030(2)(j) would make changes to include a Part 145 organisation as an organisation that requires a drug and alcohol management plan under Part 99.
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