CIVIL AVIATION LEGISLATION AMENDMENT (FLIGHT CREW LICENSING SUITE) REGULATION 2013 (SLI NO 254 OF 2013) EXPLANATORY STATEMENT

Commonwealth Numbered Regulations - Explanatory Statements

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CIVIL AVIATION LEGISLATION AMENDMENT (FLIGHT CREW LICENSING SUITE) REGULATION 2013 (SLI NO 254 OF 2013)

EXPLANATORY STATEMENT

Select Legislative Instrument No. 254, 2013

Issued by the authority of the Minister for Infrastructure and Regional Development

Civil Aviation Act 1988

Civil Aviation Legislation Amendment (Flight Crew Licensing Suite) Regulation 2013

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. That subsection also provides that the Governor-General may make regulations for the purposes of carrying out and giving effect to the provisions of the Convention on International Civil Aviation (Chicago Convention) relating to aviation safety and 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.

The Amendment Regulation changes the commencement date of the following Parts of the Civil Aviation Safety Regulations 1998 (CASR) pertaining to surveys, flight crew licensing and training from 4 December 2013 to 1 September 2014:

* Part 61 - Flight crew licensing;

* Part 64 - Authorisations for non-licensed personnel;

* Part 117 - Representations and Surveys;

* Part 141- Recreational, private and commercial pilot flight training, other than certain integrated training courses; and

* Part 142 - Integrated and multi-crew pilot flight training, contracted recurrent training and contracted checking.

The Amendment Regulation would also consequently amend the transition period end dates of the affected CASR parts.

CASR Parts 61, 64, 141 and 142 were made on 14 February 2013 and Part 117 was made on 5 August 2013 with a commencement date of 4 December 2013.

CASA is conducting a comprehensive implementation program related to the introduction of the new flight crew licensing and training regulations. In response to recent aviation industry comment on CASR Parts 61, 64, 141 and 142, CASA identified necessary amendments which clarify the intent of certain requirements, provide relief from other requirements and are of general benefit to the industry, however these amendments could not be fully assessed, finalised and made before the current scheduled commencement date of 4 December 2013.

Accordingly, further time is required to make the amendments which will also provide CASA the opportunity to review Part 141 to reflect the Government's new aviation and related policies.

Consultation

The change of the commencement date does not involve any changes to the substance of Parts 61, 64, 117, 141 and 142. No specific formal consultations were considered necessary or appropriate in this context.

Regulation Impact Statement
A Regulation Impact Statement (RIS) was not prepared for this amendment. A RIS for the Flight Crew Licensing suite was previously assessed as adequate by the Office of Best Practice Regulation (OBPR ID: 2777).

Statement of Compatibility with Human Rights

The Statement in Attachment B was prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011. The legislative instrument does not directly engage any of the applicable rights or freedoms, and is compatible with human rights, as it does not directly raise any human rights issues (see Attachment A).

The Amendment Regulation is a legislative instrument for the purposes of the Legislative Instruments Act 2003. Details of the Regulation are set out in Attachment B.

The Amendment Regulation commences on the day after registration on the Federal Register of Legislative Instruments.

Authority: Subsection 98(1) of the

Civil Aviation Act 1988

ATTACHMENT B

Details of the Civil Aviation Legislation Amendment (Flight Crew Licensing Suite) Regulation 2013

Section 1 - Name of Regulation

Section 1 provides that the title of the regulation is the Civil Aviation Legislation Amendment (Flight Crew Licensing Suite) Regulation 2013.

Section 2 - Commencement

Section 2 provides that the regulation commences on the day after it is registered.

Section 3 - Authority

Section 3 provides that the regulation is made under the Civil Aviation Act 1988.

Section 4 - Schedule(s)

Section 4 provides that each instrument that is specified in a Schedule to the instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to the instrument has effect according to its terms.

Schedule 1 - Amendments

Part 1 - Amendments of references to 4 December 2013

Civil Aviation Legislation Amendment (Part 117) Regulation 2013

Item [1] Section 2

Item [1] substitutes 1 September 2014 as the commencement date in section 2 of the Civil Aviation Legislation Amendment (Part 117) Regulation 2013.

Civil Aviation Legislation Amendment Regulation 2013 (No. 1)

Item [2] Section 2

Item [2] substitutes 1 September 2014 as the commencement date in section 2 of the Civil Aviation Legislation Amendment Regulation 2013 (No. 1).

Item [3] Amendments of listed provisions - 4 December 2013

Item [3] substitutes 1 September 2014 for 4 December 2013 in various listed provisions listed in the table.

Part 2 - Amendments of references to 3 December 2016