Bills Digest no. 116 2006–07
Airspace (Consequentials and Other Measures) Bill 2006
WARNING:
This Digest was prepared for debate. It reflects the legislation as introduced
and does not canvass subsequent amendments. This Digest does not have
any official legal status. Other sources should be consulted to determine
the subsequent official status of the Bill.
CONTENTS
Passage History
Purpose
Background
Financial implications
Main Provisions
Contact Officer & Copyright Details
Passage History
Airspace (Consequentials and Other
Measures) Bill 2006
Date introduced:
29 November 2006
House:
House of Representatives
Portfolio:
Transport and Regional Services
Commencement:
Sections 1 to 3 commence on Royal Assent. The operative
provisions (Schedule 1) commence at the same time as the operative provisions
of the Airspace Bill 2006 come into force.
The main purpose is to amend the Civil Aviation Act
1988 in consequence of the transfer of legislative responsibility
for civilian airspace management from Airservices Australia (ASA) to the
Civil Aviation Safety Authority (CASA).
Background
Background on the transfer of legislative responsibility
can be found in the Digest for the Airspace Bill 2006.
The Bill itself has no financial implications. The financial
implications of the main Airspace Bill are a budgetary cost to the Department
of Transport and Regional Services (DoTARS) of $4.2 million for the 2007-08
year, with possible costs beyond that year still to be quantified.
Existing section 9 of the Civil Aviation Act 1988
sets out CASA’s functions. Item 1 provides that any function conferred
on CASA by the Airspace Bill or regulations under it are deemed to be
functions under section 9.
Item
2 inserts a new section 11A into the Civil Aviation Act
1988. It requires CASA to exercise its powers and perform it in a
‘manner consistent’ with the Australian Airspace Policy Statement (see
the Bills Digest on the Airspace Bill
2006), as long as it can do so
without contravening its paramount obligation of air safety under existing
subsection 9A(1). If it proposes to act inconsistently with the Statement
(presumably because of its subsection 9A(1) obligation), it must notify
the Minister of its intention and the reasons for it.
Items 1 to 5
make minor consequential and technical amendments to the Air Services
Act 1995 and the Civil Aviation Act 1988.
Much of the detail regarding
airspace management is contained in regulations. Item 1 allows
for the making of further regulations to facilitate the transition from
measures currently contained in the Air Services Regulations to those
that will be made under the Airspace Bill 2006.
Angus Martyn
16 March 2007
Law and Bills Digest Section
Parliamentary Library
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ISSN 1328-8091
© Commonwealth of Australia 2007
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Published by the Parliamentary Library, 2007.
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