CASA/Chicago Convention/Air Navigation Act
Thread Starter
Join Date: Dec 2007
Location: VIC
Posts: 65
Likes: 0
Received 0 Likes
on
0 Posts
CASA/Chicago Convention/Air Navigation Act
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!!!
Any help greatly appreciated.
Any help greatly appreciated.
Join Date: Apr 2002
Location: Alice Springs
Posts: 1,744
Likes: 0
Received 0 Likes
on
0 Posts
Legal liability
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.
Join Date: Feb 2000
Location: Third Barstool on the left
Posts: 449
Likes: 0
Received 0 Likes
on
0 Posts
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 It is probably a little out of date now of course
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
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
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
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)
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)
