Civil Aviation Order (Flight Crew Licensing) Repeal and Amendment Instrument 2014 (No 1) [F2014L01177]-Concluded matters [2014] AUSStaCSDLM 202 (29 October 2014)

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

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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

[The committee first reported on this instrument in Delegated legislation monitor No. 12 of 2014]

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 explanatory statement (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.

MINISTER'S RESPONSE:

The Minister for Infrastructure and Regional Development advised:

I am informed that the commencement date of the Civil Aviation Legislation Amendment Regulation 2013 (No. 1), which inserted new Parts 61, 64, 141 and 142 into the Civil Aviation Safety Regulations 1998 (CASR 1998), was originally intended to be 4 December 2013. However this was subsequently amended by the Civil Aviation Legislation Amendment (Flight Crew Licensing Suite) Regulation 2013 which changed the commencement date of the licensing suite of regulations to 1 September 2014.
For clarification purposes, the Civil Aviation Safety Authority has been asked to amend the explanatory statement to reflect that Civil Aviation Legislation Amendment (Flight Crew Licensing Suite) Regulation 2013 changed the commencement date of the licensing suite of regulations from 4 December 2013 to 1 September 2014. This will clarify that Parts 61, 64, 141 and 142 have been incorporated into CASR 1998 by Civil Aviation Legislation Amendment Regulation 2013 (No. 1) and the Civil Aviation Legislation Amendment (Flight Crew Licensing and Other Matters) Regulation 2013.

COMMITTEE RESPONSE:

The committee thanks the minister for his response and has concluded its interest in this matter.