Instructions for amendment to section 9A of the Civil Aviation Act 1988
Amend section 9A of the Civil Aviation Act 1988 so that CASA must have regard to three considerations, as equally important, paramount considerations, in exercising its powers and performing its functions. The three considerations (the Considerations) are:
1. The efficiency and sustainability of civil aviation in Australia
2. The benefits, to Australia, of civil aviation
3. The safety of air navigation.
The overarching intention of the measure is to ensure that the costs imposed by the regulatory framework for civil aviation in Australia, and the costs of the administration of that framework, are taken into consideration by CASA as considerations that are of equal, paramount importance as the risks to air navigation. The measure is intended to reflect the fact that all activities involve risks, and that unless the risks arising from civil aviation are mitigated in a cost-effective manner taking into account objective assessments of the probabilities and consequences of risks, as well as objective assessments of the benefits of civil aviation to Australia, the inevitable outcome is that civil aviation in Australia will become unsustainable for many participants including small businesses.
The Considerations are not intended to be the only considerations that CASA must take into account in exercising its powers and performing its functions. Rather, the Considerations are to be in addition to, but of equal, paramount importance above whatever other considerations are relevant to the exercise of the specific power or the performance of the specific function.
For the purposes of the measure, the term “civil aviation” is intended to mean all activities relating to, but not limited to:
- the design, construction, maintenance, modification and operation of Australian aircraft other than “state aircraft” as defined in the Civil Aviation Act 1988 (Civil Aircraft)
- the training, competence, medical fitness and performance of duties of individuals involved in the design, construction, maintenance, modification and operation of Civil Aircraft
- the arrangements made for designation of airspace and provision of services within airspace in which may Civil Aircraft operate
- the arrangements made for aerodromes and other places to and from which Civil Aircraft may operate.
For the purposes of Consideration 1, “Australia” is used in the geographical sense.
For the purposes of Consideration 2, “Australia” is not used in the geographical sense.
[But bear in mind what the above really says: It really says that successive Ministers and their portfolio departments haven’t been doing their jobs over the last couple of decades. Whilst that’s true, the truth is unwelcome.]