Commonwealth of Australia Explanatory Memoranda

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AIRSPACE (CONSEQUENTIALS AND OTHER MEASURES) BILL 2006

                               2004-2005-2006




   THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA




                     HOUSE OF REPRESENTATIVES




AIRSPACE (CONSEQUENTIALS AND OTHER MEASURES) BILL 2006




                    EXPLANATORY MEMORANDUM




 (Circulated by authority of the Minister for Transport and Regional Services,
                       the Honourable Mark Vaile, MP)
AIRSPACE (CONSEQUENTIALS AND OTHER MEASURES) BILL 2006


OUTLINE

This Bill contains a number of amendments to the Civil Aviation Act 1988 consequent upon
the Airspace Bill.

This Bill amends the Civil Aviation Act 1988 to ensure that airspace regulation is a clear and
separate function for the Civil Aviation Safety Authority (CASA) and that CASA acts
consistently with the Australian Airspace Policy Statement described in the Airspace Bill
2006. This Bill enables regulations to be made to grandfather decisions made by Airservices
Australia under regulations to be transferred to CASA.

This Bill also makes a number of technical amendments to the Air Services Act 1995 and the
Civil Aviation Act 1988 to accommodate amendments made to the functions of Airservices
Australia by the Civil Aviation Legislation Amendment Bill 2003.

Financial impact statement

There is no financial impact




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NOTES ON CLAUSES

Part 1--Preliminary

Clause 1: Short Title

1. This Bill may be cited as the Airspace (Consequentials and Other Measures) Act 2006.

Clause 2: Commencement

2. Clause 1, Short Title, Clause 2, Commencement, Clause 3, Schedule(s) and Schedule 2,
   Technical amendments, will commence on the day on which this Bill receives the Royal
   Assent.

3. Schedule 1, Consequential amendments, and Schedule 3, Transitional provision, will
   commence at the same time as sections 3 to 15 of the Airspace Bill 2006 commence.


Schedule 1 - Consequential amendments

Civil Aviation Act 1988

4. Item 1
   This item inserts a new function into the list of CASA's functions in Section 9 of the Civil
   Aviation Act 1988 to make it clear that any functions conferred under the Airspace Bill
   2006 are functions for the purposes of the Civil Aviation Act 1988.

5. Item 2
   This item inserts a new section 11A into the Civil Aviation Act 1988, which will require
   CASA to exercise its powers and functions consistently with the Australian Airspace
   Policy Statement made under Clause 8 of the Airspace Bill 2006, unless doing so puts
   CASA in conflict with its obligation under Clause 9A(1) of the Civil Aviation Act 1988 to
   regard the safety of air navigation as the most important consideration.

6. The new section 11A will also require CASA to notify the Minister if it proposes to use its
   powers and functions under the Airspace Bill 2006 in a way that is inconsistent with the
   Australian Airspace Policy Statement because of a conflict with CASA's obligation under
   subsection 9A(1) of the Civil Aviation Act 1988. CASA is required to provide this
   notification in writing in advance of taking action, and include an explanation of why it is
   necessary to exercise its powers in a way that is inconsistent with the Australian Airspace
   Policy Statement.

7. This item defines the term `Australian Airspace Policy Statement' to mean the Australian
   Airspace Policy Statement made under subclause 8(1) of the Airspace Bill 2006.




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Schedule 2 - Technical amendments
Air Services Act 1995

8. Item 1 Schedule 2, Clause 1, deletes the reference to subparagraphs 8(1)(b)(i), (v) and (vi)
   at Subsection 19(2) of the Air Services Act 1995 to make this Subsection consistent with
   the amendments made to section 8 of the Air Services Act 1995 by the Civil Aviation
   Legislation Amendment Act 2003.

9. Paragraph 8(1)(a) of the Air Services Act 1995 states that Airservices has the function of
   providing services and facilities:

       (i)   for the purpose of Australia or another country giving effect to the Chicago
       Convention; or

       (ii)    for the purpose of Australia or another country giving effect to another
       international agreement relating to the safety, regularity or efficiency of air navigation;
       or

       (iii)  otherwise for purposes relating to the safety, regularity or efficiency of air
       navigation, whether in or outside Australia;

10. Items 2, 3, 4 and 5 similarly omit references in the Air Services Act 1995 and the Civil
    Aviation Act 1988 to certain provisions in the Air Services Act 1995 which are now
    incorrect following the enactment of the Civil Aviation Legislation Amendment Act 2003
    and substitute references to the correct provisions.


Schedule 3--Transitional provision

11. Clause 11 of the Airspace Bill 2006 makes provision for regulations to be made (the
    Airspace Regulations) that confer functions and powers upon CASA necessary to
    administer and regulate Australian-administered airspace. It is likely that the majority of
    these regulations will be in similar terms to the regulations currently contained in Air
    Services Regulations Part 2.

12. It is intended that regulations will be made under the Air Services Act 1995 repealing Part
    2 of the Air Services Regulations.

13. Item 1 provides for regulations to be made to address matters of a transitional nature
    arising out of the repeal of those Air Services Regulations including regulations which
    `grandfather' instruments under the repealed Air Services Regulations made before that
    repeal.




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