Commonwealth Numbered Acts Commonwealth Numbered Acts
1 After subsection 26(3)
Insert:
(3A) For the purposes of being satisfied that the person has complied with, or is capable of complying with, the safety rules, CASA may have regard to the matters set out in section 28AA as if:
(a) the reference in that section to subsection 28(1A) were a reference to paragraph (3)(b) of this section; and
(b) the reference in subparagraph (1)(c)(ii) and paragraph (5)(a) of that section to an AOC were to a permission.
2 After subsection 26(4)
Insert:
(4A) For the purposes of deciding whether to specify a condition in the permission, CASA may have regard to the matters set out in section 28AA as if:
(a) the reference in that section to subsection 28(1A) were a reference to paragraph (4)(b) of this section; and
(b) the reference in subparagraph (1)(c)(ii) and paragraph (5)(a) of that section to an AOC were to a permission.
3 At the end of subsection 27AE(1)
Add:
; (e) evidence of the matters listed in paragraphs 28AA(1)(a), (b), (c) and (d) (including, as applicable, by giving examples of the things mentioned in subsections 28AA(2) to (5)).
4 After subsection 27A(1)
Insert:
(1A) CASA may, by written notice given to the applicant, require the applicant to give CASA evidence of the matters listed in paragraphs 28AA(1)(a), (b), (c) and (d) (including, as applicable, by giving examples of the things mentioned in subsections 28AA(2) to (5)).
5 After subsection 28(1)
Insert:
(1A) For the purposes of paragraph (1)(a), if the AOC sought is an AOC authorising the operation of foreign registered aircraft into Australia, out of Australia, or both, or on regulated domestic flights, other than:
(a) an Australian AOC with ANZA privileges; or
(b) an Australian AOC with ANZA privileges authorising operations of an aircraft registered in New Zealand on regulated domestic flights;
CASA may have regard to the matters set out in section 28AA.
6 After section 28A
Insert:
(1) For the purposes of subsection 28(1A), the matters which CASA may have regard to are:
(a) evidence of any serious safety deficiencies in relation to the applicant's operations in another country; and
(b) evidence of the applicant's ability and willingness to address those safety deficiencies; and
(c) evidence relating to the authority or authorities responsible for:
(i) the safety oversight of the applicant's operations; and
(ii) the registration, certification and airworthiness of aircraft used by the applicant in its operations or to be used under the AOC sought; and
(d) evidence relating to the management and control of the applicant's operations.
(2) For the purposes of paragraph (1)(a), examples of the kinds of evidence of serious safety deficiencies include all or any of the following:
(a) a report that identifies serious safety deficiencies;
(b) the applicant's failure to address deficiencies identified during ramp inspections, or similar inspections, carried out by the aviation authority of another country or group of countries;
(c) the fact that another country or group of countries has imposed an operating ban on the applicant because of deficiencies relating to international aviation safety standards;
(d) information relating to an accident or serious incident that indicates systemic safety deficiencies in relation to the applicant's operations.
(3) For the purposes of paragraph (1)(b), examples of the kinds of evidence of the applicant's ability and willingness to address safety deficiencies include either or both of the following:
(a) how the applicant responds to requests from CASA for information about the safety aspects of the applicant's operations;
(b) if the applicant has presented a plan for corrective action to CASA, the aviation authority of another country or group of countries, ICAO or another relevant body or organisation--whether the corrective action proposed is appropriate and sufficient.
(4) For the purposes of paragraph (1)(c), examples of the kinds of evidence mentioned in that paragraph include all or any of the following:
(a) how a relevant authority responds to concerns or issues raised by CASA about:
(i) the safety of the applicant's operations; or
(ii) the safety of aircraft used by the applicant or another carrier licensed or certified by that authority;
(b) a relevant authority's reputation for implementing and enforcing relevant aviation safety standards, including:
(i) audits and related corrective action plans established under ICAO's Universal Safety Oversight Audit Programme or any other similar program; and
(ii) whether the applicant's authorisation (however described) by the authority is not, or is no longer, recognised by another country or group of countries; and
(iii) if the applicant's authorisation was not issued by the authority of the country in which the applicant has its principal place of business--that fact;
(c) in relation to aircraft used by the applicant in the country in which the aircraft is registered--whether the aviation authority of that country administers its obligations in accordance with the Chicago Convention.
(5) For the purposes of paragraph (1)(d), examples of the kinds of evidence relating to the management and control of the applicant's operations include either or both of the following:
(a) whether a person who is participating in, or is likely to participate in, managing the applicant's operations is not a fit and proper person to participate in the management of the operations of a holder of an AOC;
(b) whether a person who has, or is likely to have, effective control over the applicant's operations is not a fit and proper person to have effective control over the applicant's operations.
7 Section 30DX
Before "If", insert "(1)".
8 At the end of section 30DX
Add:
(2) A person incurs demerit points if:
(a) the person does not hold a civil aviation authorisation; and
(b) the person commits an offence prescribed by the regulations under paragraph 30DT(a).
(3) If the person incurs demerit points, the demerit points are incurred in relation to an authorisation that is:
(a) within the class of authorisations to which the offence relates; and
(b) held in the 3 year period beginning on the day on which the demerit points would have been incurred had an authorisation been held at the time the offence was committed.
9 After subsection 30DY(1)
Insert:
(1A) If a person incurs demerit points before becoming a holder of a civil aviation authorisation, then, for the purpose of paragraph (1)(b), those points are taken to have been incurred by the holder for offences committed by the holder.
10 After subsection 30DZ(1)
Insert:
(1A) If a person incurs demerit points before becoming a holder of a civil aviation authorisation, then, for the purpose of paragraph (1)(b), those points are taken to have been incurred by the holder for offences committed by the holder.
11 After subsection 30EC(1)
Insert:
(1A) If a person incurs demerit points before becoming a holder of a civil aviation authorisation, then, for the purpose of paragraph (1)(b), those points are taken to have been incurred by the holder for offences committed by the holder.
12 Section 30EE
Before "If", insert "(1)".
13 At the end of section 30EE
Add:
(2) If a person incurs demerit points before becoming a holder of a civil aviation authorisation, then, for the purpose of subsection (1), those points are taken to have been incurred by the holder.
14 Section 30EI
Before "If", insert "(1)".
15 At the end of section 30EI
Add:
(2) If a person incurs demerit points before becoming a holder of a civil aviation authorisation, then, for the purpose of subsection (1), those points are taken to have been incurred by the holder.
16 Subsection 31A(4)
Omit "for review of the decision", substitute "for an order under subsection 41(2) of the Administrative Appeals Tribunal Act 1975 ".
17 Subsection 31A(5)
Repeal the subsection, substitute:
(5) If the holder applies to the Tribunal as mentioned in subsection (4), the stay continues to have effect until the Tribunal makes an order under subsection 41(2) of the Administrative Appeals Tribunal Act 1975 or decides that no order should be made.
18 Subsection 31A(6)
Omit "in accordance with", substitute "as mentioned in".
19 Subsection 31A(7)
Repeal the subsection.
20 Section 31C
Repeal the section, substitute:
31C Tribunal's ordinary powers not affected
To avoid doubt, section 31A does not affect the operation of subsection 31(2).
21 Before section 96
Insert:
95A Delegation by Secretary of the Department
(1) The Secretary of the Department may delegate, in writing, his or her power under paragraph 28B(1)(b) or 28BAA(2)(b) to an SES employee or acting SES employee in the Department.
(2) In exercising powers under the delegation, the SES employee or acting SES employee, as the case may be, must comply with any directions of the Secretary of the Department.
22 Subsection 98(3A)
After "time to time", insert ", even if the written instrument or other document does not yet exist when the regulation is made".
23 Subsection 98(5)
Repeal the subsection, substitute:
(5) The regulations may provide that CASA may issue a Civil Aviation Order containing a direction, instruction, notification, permission, approval or authority.
(5AAA) A Civil Aviation Order issued under a regulation made under subsection (5) is a legislative instrument, but Part 6 of the Legislative Instruments Act 2003 does not apply to the Order.
24 Paragraph 98(5A)(b)
After "airworthiness of", insert ", or design standards for,".
25 After subsection 98(5A)
Insert:
(5AA) An instrument issued under paragraph (5A)(a) is a legislative instrument if the instrument is expressed to apply in relation to:
(a) a class of persons; or
(b) a class of aircraft; or
(c) a class of aeronautical product;
but Part 6 of the Legislative Instruments Act 2003 does not apply to the instrument.
(5AB) An instrument issued under paragraph (5A)(a) is not a legislative instrument if the instrument is expressed to apply in relation to:
(a) a particular person; or
(b) a particular aircraft; or
(c) a particular aeronautical product.
26 Subsection 98(5B)
Repeal the subsection, substitute:
(5B) An instrument issued under a regulation made under paragraph (5A)(b) is a legislative instrument if the instrument is, or relates to:
(a) an airworthiness directive; or
(b) an airworthiness standard; or
(c) a design standard;
but Part 6 of the Legislative Instruments Act 2003 does not apply to the instrument.
(5BA) However, an instrument issued under a regulation made under paragraph (5A)(b) is not a legislative instrument if the instrument is expressed to apply in relation to:
(a) a particular person; or
(b) a particular aircraft; or
(c) a particular aeronautical product.
27 After subsection 98(5C)
Insert:
(5D) Despite section 14 of the Legislative Instruments Act 2003 , a legislative instrument made under this Act or the regulations may apply, adopt or incorporate any matter contained in any instrument or other writing:
(a) as in force or existing at a particular time; or
(b) as in force or existing from time to time;
even if the other instrument or writing does not yet exist when the legislative instrument is made.
28 Application
(1) The amendments made by items 1 to 6 of this Schedule apply in relation to:
(a) an application for a permission or an AOC (within the meaning of the Civil Aviation Act 1988 ), whether made before, on or after 1 July 2009; and
(b) a permission granted before, on or after 1 July 2009; and
(c) an AOC issued before, on or after 1 July 2009.
(2) The amendment made by item 8 of this Schedule applies in relation to an offence that is committed on or after 1 July 2009.
(3) The amendments made by items 16 to 19 of this Schedule apply in relation to a decision for which a show cause notice is given by CASA on or after 1 July 2009.
29 Saving provision
The amendment made by item 23 of this Schedule does not affect the continuity of any Civil Aviation Orders given or issued under subsection 98(5) of the Civil Aviation Act 1988 and in force immediately before this item commences.
[ Minister's second reading speech made in--
House of Representatives on 12 February 2009
Senate on 11 March 2009 ]
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