Boyz,
I raised what I think is the real issue when I thought that others were off chasing procedural rabbits. I probably should have been clearer.
The procedural issue of the automatic repeal of an amending instrument - in this case, a consequential amendment to reflect the delay in the licensing suite - is, and quite properly should be, of no real concern to those folks who are following the progress of the document that was amended.
The amendment is quite unrelated to the CAO 48.1 Instrument 2013 disallowance matter.
I had no intention in suggesting any connection between the events - I just wanted to take the opportunity to raise the need for further action from us to support Senator Xenophon.
As I said earlier, CAO 48.1 Instrument 2013 is still law until the disallowance debate is resolved. I understand that the current
plan is to debate the Disallowance motion on 06 Mar 13. There are 3 possible outcomes:
1 - if the motion lapses without debate then the Instrument is disallowed and ceases to have the force of law;
2 - if the motion is debated and voted in, then the Instrument is disallowed and ceases to have the force of law; or
3 - if the motion is debated and voted out, then the Instrument continues to have the force of law.
Senator Xenophon moved the motion and he will have to lead the debate to convince the Senate that, despite the improvements in some areas, there are enough dangerous bits to force CASA to amend the Instrument. He clearly needs industry advice to develop a compelling argument - after all, he is
not an aviator and he is
not a fatigue risk expert. What is he? He really is a voice for aviation safety in the Senate and his opponents, once noisy in Opposition but now traditionally prevented from criticising Government agencies, will be extensively briefed by CASA.
This will not be a debate marked by each speaker being a SME, but rather a debate that depends on the quality of the briefings. The Skull will treat it like any other forum in which CASA (and, by default, he) may be criticised - blitzkrieg and belittle any opposition regardless of any obvious or potential merit that might be found.
Senator Fawcett may be out of our reach - he will be on a tight leash from Warren and may even be suborned as CASA's mouthpiece - and his aviation experience does not extend to several years of the daily grind operating commercially under the current FTLs. Nonetheless, he also needs to be well-briefed as to the consequences of the Instrument and how it will be delivered at the coalface.
Rewriting the rules on what we think is the way it works in NZ will never wash with AGs or CASA - there have been plenty of opportunities to adopt that path and none have been taken up.
For mine, tell Nick first and Fawcett second - I do not think that there is any other viable pathway.
