CASA unable to Regulate
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Plovett
Not quite right. CASA does not have any power to make regulations.
Under the Civil Aviation Act, the regulation making power is vested in the Governor-General. Only the Governor-general in Council can make Civil Aviaton Regulations - on the advice of the Minister for Transport (or whatever his new title is these days).
The regulations are not drafted by the Parliamentary Counsel's Office (which only drafts Acts of Parliament) - regulations are drafted by the Office of Legislative Drafting and Publishing in the Attorney-General's Department. They are quite separate from the PCO.
Once regulations are made by the Governor-General they must be registered on the Federal Register of Legislative Instruments. If they aren't registered they have no effect.
They also have to be tabled in both Houses of Parliament within 6 sitting days of registration. Parliament then has 15 sitting days within which to disallow them - BUT they do NOT have to wait until the disallowance period ends before they become law. They become law once the are registered (unless a later date is specified in the regulations themselves). Parliament can subsequently disallow them - and sometimes this can occur months after they become law. See the Legislative Instruments Act 2003.
CASA can of course make Civil Aviation Orders - and these are drafted by CASA itself. They are subject to the same registration and tabling requirements as regulations.
Regulations and amendments to them are formulated by the controlling authority as named in the specific Act. The Civil Aviation Act gives CASA the power to formulate regulation in accordance with the Act. The actual regulation or amendment to one is drafted by the Commonwealth Parliamentary Counsel's Office, a sort of legal advice and drafting office for the Parliament, but on instructions from CASA. CASA tells the PCO want it wants to achieve and then the PCO tries to draft something that will achieve that aim.
A new regulation or amendment to one is then tabled in Parliament for a number of sitting days (I forget now just how many) and if in that time no Member of Parliament wants to question or debate the new regulation then it will pass into law. The vast majority of regulations are never debated by Parliament.
A new regulation or amendment to one is then tabled in Parliament for a number of sitting days (I forget now just how many) and if in that time no Member of Parliament wants to question or debate the new regulation then it will pass into law. The vast majority of regulations are never debated by Parliament.
Under the Civil Aviation Act, the regulation making power is vested in the Governor-General. Only the Governor-general in Council can make Civil Aviaton Regulations - on the advice of the Minister for Transport (or whatever his new title is these days).
The regulations are not drafted by the Parliamentary Counsel's Office (which only drafts Acts of Parliament) - regulations are drafted by the Office of Legislative Drafting and Publishing in the Attorney-General's Department. They are quite separate from the PCO.
Once regulations are made by the Governor-General they must be registered on the Federal Register of Legislative Instruments. If they aren't registered they have no effect.
They also have to be tabled in both Houses of Parliament within 6 sitting days of registration. Parliament then has 15 sitting days within which to disallow them - BUT they do NOT have to wait until the disallowance period ends before they become law. They become law once the are registered (unless a later date is specified in the regulations themselves). Parliament can subsequently disallow them - and sometimes this can occur months after they become law. See the Legislative Instruments Act 2003.
CASA can of course make Civil Aviation Orders - and these are drafted by CASA itself. They are subject to the same registration and tabling requirements as regulations.
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Of course a pat on the back, a first class seat for a fact finding tour, an invitation to the backyard barbecue, a re-election donation, covering travel, phone and printing expenses, and a weekend invite on the Harbour yacht may greatly assist in expediting and smoothing the wrinkles from the law making process.
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Clapton, I will bow to your knowledge of Federal drafting, I only did it in Tasmania for a time where the PCO did the lot. No wonder Fed drafting is such a mess.
However, you are being pedantic (but then again, if you are a lawyer then that is what it is all about) about the GG making regs. Yes S.98 of the Act says that the GG will make them but do you really think he/she gets up one morning and says, "I think I will draft a regulation about aviation today." I think not. It is still CASA who puts the idea together, the GG is merely a formality.
However, you are being pedantic (but then again, if you are a lawyer then that is what it is all about) about the GG making regs. Yes S.98 of the Act says that the GG will make them but do you really think he/she gets up one morning and says, "I think I will draft a regulation about aviation today." I think not. It is still CASA who puts the idea together, the GG is merely a formality.
PLovett..........
Well, maybe the GG ought to have a shot at making some regulations!
It couldn't hurt, and surely the GG couldn't do it any worse than CASA have been doing over the past 20 or so years, particularly if it results in some meaningful regulatory reform?
...do you really think [the GG] gets up one morning and says, "I think I will draft a regulation about aviation today."
It couldn't hurt, and surely the GG couldn't do it any worse than CASA have been doing over the past 20 or so years, particularly if it results in some meaningful regulatory reform?
