CASA/Chicago Convention/Air Navigation Act

[2ndGen]

I'm a student pilot doing Aviation Legal Framework at uni and I'm about halfway through an assignment about CASA's role and how it relates to the Chicago Convention, and also the Air Navigation Act. I'm not sure if I've got it right does anyone know of a book or website that shows simple me in simple terms how it al interconnects. As far as I can see it Chicago Convention enabled the Air Navigation act when Aus ratified it, and the Air Navigation Act enabled CASA to be formed. Also, what does CASA publish, fairly sure the CAO's CAR's AIP's etc etc are Airservices??? Gaaah I hate this subject!!!:mad::mad::mad: Any help greatly appreciated.

[bushy]

It appears to me that the real purpose of CASA is to protect the federal government from any legal liability that results from aviation activity. It also appears that they often try to manipulate the industry by selective use of the regs.

[2ndGen]

haha ok thanks i'll put that in and see how my lecturer likes it :}

[Bendo]

www.austlii.edu.au

I think you will find heaps of historical legislation archived there too.

This is all off the top of my head, my Air Law text is in the office. For reference the book to get is "Aviation Law" by Ron Bartsch, published by LBC. It is probably a little out of date now of course :uhoh:

The Federal Government has the power to legislate on Aviation matters by virtue of section 51 of the Commonwealth constitution. The power is implied - remember the constitution was written in the 1890's - so you won't find aviation mentioned explicitly.

The Federal Govt. of the day (1920's) ratified the 1919 Paris convention and enacted the Air Navigation Act (1920) to fulfil its obligations under that convention.

Part of that act would have been the creation of the Department of Civil Aviation (aka Dept Constant Aggravation) to enforce the provisions of the Act.

The Air Navigation Regulations and the Air Navigation Orders were created to add layers of detail.

The Chicago Convention (1944) resulted in ammendments to the Air Nav Act

The Civil Aviation Act (1988) introduced the Civil Aviation Authority (CAA), and the ANRs and ANOs became CARs and CAOs. The other big change at this point was the introduction of Air(no)services Australia as airspace regulator and services provider.

Creampuff would be the best man to give you the run-down with Gaunty to provide a counter-melody :ok:

[Creampuff]

Hi 2G.

CASA publishes all the relevant rules here: http://www.casa.gov.au/rules/index.htm

Read sections 9, 10 and 11 of the Civil Aviation Act 1988, twice, and you'll have the answer.

If you're really interested and have the time, the Convention and all of the subsequent amendments are Schedules to the Air Navigation Act 1920, copy here: http://scaleplus.law.gov.au/html/pasteact/0/82/top.htm

Good luck!

(Over to you, Gaunty)

[2ndGen]

Thanks guys huge help much appreciated!