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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