Civil Aviation Order (Flight Crew Licensing) Repeal and Amendment Instrument 2014 (No 1) [F2014L01177]-New matters [2014] AUSStaCSDLM 181 (24 September 2014)

• Civil Aviation Order (Flight Crew Licensing) Repeal and Amendment Instrument 2014 (No. 1) [F2014L01177]

Civil Aviation Order (Flight Crew Licensing) Repeal and Amendment Instrument 2014 (No. 1) [F2014L01177]

Purpose	Amends the Civil Aviation Orders (CAOs) to take into account the commencement of Parts 61, 64, 141 and 142 of the Civil Aviation Safety Regulations 1998, repeals other CAOs that will no longer be required when those parts commence, and provides related transitional provisions to allow continuation of aviation activities by qualified individuals
Last day to disallow	25 November 2014
Authorising legislation	Civil Aviation Act 1988; Civil Aviation Regulations 1988; Civil Aviation Safety Regulations 1998
Department	Infrastructure and Regional Development

Issue:

Retrospectivity

Section 2 of the instrument states that it commences immediately before the commencement of the Civil Aviation Amendment Regulation 2013 (No. 1), which the ES identifies as having commenced on 1 September 2014. However, section 2 of the Civil Aviation Amendment Regulation 2013 (No. 1) states that it commences on 4 December 2013. The committee therefore seeks clarification as to the intended date of commencement of the instrument; and notes that, if the earlier date is to be taken as the commencement date, then the instrument operates retrospectively. In cases where an instrument operates retrospectively, the committee's usual expectation is that the ES for the instrument address the question of whether the retrospective operation of the instrument is consistent with subsection 12(2) of the Legislative Instruments Act 2003. Subsection 12(2) provides that an instrument that commences retrospectively is of no effect if it would disadvantage the rights of a person (other than the Commonwealth) or impose a liability on a person (other than the Commonwealth) for an act or omission before the instrument's date of registration. Accordingly, the committee's usual expectation is that ESs explicitly address the question of whether an instrument with retrospective commencement would disadvantage any person other than the Commonwealth.

The committee therefore seeks the minister's advice on this matter.