PPRuNe Forums - View Single Post - Dick Smith initiated change to the Civil Aviation Act....
Old 22nd Mar 2018, 04:44
  #50 (permalink)  
Traffic_Is_Er_Was
 
Join Date: May 2005
Location: QLD - where drivers are yet to realise that the left lane goes to their destination too.
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No, I don't have an angry chip on my shoulder, but it's plainly obvious from the multitude of threads on this site that you have your idea of how things should be, and all to quickly resort to name-calling and insults if other posters do not agree with your point of view. Whilst you have great experience as a private pilot, and recognizing that you were a political appointee as Chairman of CAA and CASA, you have never actually worked in aviation for a living. There are a lot people who have, but you seem disinclined to listen to any of them.
That said, the difficulty with the Civil Aviation Act is that is all, and only, about regulations applying to safety. It has nothing to do with promoting Civil Aviation. Outside the Act, there is only whatever Govt Dept has aviation under it's remit this week, so that's pretty much a dead loss most times.
The main object of this Act is to establish a regulatory framework for maintaining, enhancing and promoting the safety of civil aviation, with particular emphasis on preventing aviation accidents and incidents.
It needs to say:
The main object of this Act is to establish an efficient and sustainable regulatory framework for maintaining, enhancing and promoting civil aviation, with particular emphasis on preventing aviation accidents and incidents.
CASA is another problem. It is the Safety Authority. It's functions under 9(1) to 9(4) are to purely to formulate and apply regulations pertaining to aviation safety, so it is no wonder that CASA's performance of function is defined as ...regard the safety of air navigation as the most important consideration. That's what it was established for.
There is no other body established under the Act who's function is to promote aviation across all sectors, so you have to make CASA do it. Even if you change the purpose, the rest of the Act needs a substantial rewrite.
You need to change 9(1) of the Act to show CASA's function to be:
CASA has the function of enhancing and promoting civil aviation by conducting the safety regulation of the following, in accordance with this Act and the regulations:
Perhaps how it performs that function at 9A(1)could be rewritten as:
In exercising its powers and performing its functions, CASA must seek to achieve the highest levels of safety of air navigation, while maintaining an efficient and sustainable Australian aviation industry across all sectors.
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