Commonwealth of Australia Explanatory Memoranda Commonwealth of Australia Explanatory Memoranda[Index] [Search] [Download] [Bill] [Help]
1998-1999-2000
THE
PARLIAMENT OF THE COMMONWEALTH OF
AUSTRALIA
HOUSE OF
REPRESENTATIVES
AVIATION LEGISLATION
AMENDMENT BILL (No.2)
2000
SUPPLEMENTARY EXPLANATORY
MEMORANDUM
Amendments and New Clauses
to be Moved on Behalf of the
Government
(Circulated by
authority of the Minister for Transport and Regional
Services,
the Honourable John Anderson,
MP)
ISBN: 0642 463751
The purpose of the amendments to the Aviation Legislation
Amendment Bill
(No. 2) 2000 to be moved by the
Government are:
• to provide that the
proposed new section 31A of the Civil Aviation Act 1988 will
commence upon proclamation. This will allow adequate time for the Civil
Aviation Safety Authority to develop procedures and training for its staff in
relation to enforceable voluntary
undertakings;
• to correct a numbering error
that will arise as the result of the insertion of the new subsection 20AA(1A)
into the Civil Aviation Act 1988;
• to
reinstate owners and hirers (other than the Crown) to the class of people
covered by the offences in subsections 20AA(3) and (4);
and
• to clarify that the reference to
“maintenance requirement” in the proposed new paragraph 20AA(4) of
the Civil Aviation Act 1988 is a reference to any maintenance requirement
imposed by or under the Civil Aviation Regulations, including any direction or
instruction of CASA under the regulations.
The amendments do not affect the validity of the Financial
Impact Statement included in the Explanatory Memorandum for the Aviation
Legislation Amendment Bill (No. 2) 2000.
These amendments change the commencement date of item 17 of
Schedule 1 to the Bill. That provision will now commence upon proclamation.
Item 17 of Schedule 1 will insert a new section
31A into the Civil Aviation Act 1988. Section 31A will enable CASA to
accept an enforceable undertaking from a person “in connection with a
matter in relation to which CASA has a function or power”. CASA’s
policy on enforceable undertakings is currently being developed and will appear
in a new CASA enforcement manual. CASA will also undertake education and
training of its staff and the aviation industry in relation to enforceable
undertakings. The change to the commencement of item 17 of Schedule 1 is
designed to allow CASA adequate time to develop procedures in relation to
enforceable undertakings and to undertake education and training of CASA staff
and the aviation industry in their use.
This amendment corrects a numbering error that will arise as a
result of the insertion of the new subsection 20AA(1A) into the Civil
Aviation Act 1988. This item will replace the reference to
“subsection (1)” in subsection 20AA(2) of the Act with a reference
to “subsection (1A)”.
These amendments amend the proposed subsections 20AA(3) and
(4) so that the offences created by those proposed subsections will apply to the
owner and hirer (other than the Crown) of an Australian aircraft as well as the
operator and pilot. This will mean that the offences in the amended subsections
20AA (3) and (4) will apply to the same class of persons as the current
subsection 20AA(5). This change rectifies an error in developing the drafting
instructions.
This amendment clarifies the nature of a “maintenance
requirement” referred to in the amended paragraph 20AA(4)(i). The amended
wording is designed to clarify that “maintenance requirement” means
any outstanding requirement imposed by or under the regulations in relation to
the maintenance of the aircraft. This includes any direction or instruction of
CASA made under the regulations.