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1998-1999-2000
THE
PARLIAMENT OF THE COMMONWEALTH OF
AUSTRALIA
HOUSE OF
REPRESENTATIVES
AVIATION LEGISLATION
AMENDMENT BILL (No.2)
2000
CORRECTION TO THE
EXPLANATORY
MEMORANDUM
(Circulated
by authority of the Minister for Transport and Regional
Services,
the Honourable John Anderson,
MP)
ISBN: 0642 46376X
Omit the sentence “There is no change to the intent
or effect of the sections.”
Insert the
following text, commencing in a new
paragraph:
“Items 5 to 9 will make two
changes to the regulatory scheme administered by CASA as set out in the
Act.
The first change is to section 20AA. The
current subsections 20AA(3), (4) and (5) impose obligations on the owner,
operator, hirer (not being the Crown) and pilot of an aircraft. The proposed
new subsections 20AA(3) and (4) only impose obligations on the pilot and
operator of an aircraft. This change arose as a result of an error in
developing the drafting instructions for this Bill. Government amendments will
be introduced to correct the error, as there is no intention to change the scope
of subsections 20AA(3) and (4).
The second change
is to clarify that regulatory action may only be taken to cancel, suspend or
vary an Air Operator’s Certificate as a result of a breach of subsection
20AA(3) or (4) if that breach occurs knowingly or recklessly. Whilst it is
arguable that currently such regulatory action can occur in the absence of a
mental element for a breach of subsection 20AA(3) or (4), the better view is
that it cannot. CASA currently only takes regulatory action where it is
satisfied on the balance of probabilities that the alleged offender has
knowingly or recklessly committed the breach. This change therefore clarifies
the existing legal position.
Item 7 substitutes a
new sub-section 20AB(2). This provision widens the scope of the sub-section to
require approval to carry out maintenance on an Australian aircraft anywhere in
the world. The sub-section presently only requires approval in relation to
Australian aircraft in Australian territory. This change will bring the Act
into line with Australia’s international obligations under the Chicago
Convention to control the safety of Australian registered aircraft wherever they
are situated.”