CASA Statutory and Regulatory actions must consider economic and cost impacts to individuals, businesses and the community.

Published November 2019

CASA is now required to consider the economic and cost impact on individuals, businesses and the community of their aviation safety standards and take into account the differing risks associated with different industry sectors.

This amendment to the Civil Aviation Act 1988 was assented to on 6 November 2019.

I think this is a positive step by the Government that CASA now must recognise the impact their rules may cause the aviation industry. I think it is a positive move for Australian aviation.

See below where I spell out the relevant statutory provisions of this amendment commencing with the amendment inserting a new paragraph 3 to section 9A.

Civil Aviation Act 1988

1 At the end of section 9A

Add:

(3) Subject to subsection (1), in developing and promulgating aviation safety standards under paragraph 9(1)(c), CASA must:

(a) consider the economic and cost impact on individuals, businesses and the community of the standards; and

(b) take into account the differing risks associated with different industry sectors.

Before this amendment the section simply read this -

CIVIL AVIATION ACT 1988 - SECT 9A

Performance of functions

(1) In exercising its powers and performing its functions, CASA must regard the safety of air navigation as the most important consideration.

 

(2) Subject to subsection (1), CASA must exercise its powers and perform its functions in a manner that ensures that, as far as is practicable, the environment is protected from:

(a) the effects of the operation and use of aircraft; and

(b) the effects associated with the operation and use of aircraft.

I reproduce the relevant part of section 9 – namely (1)(c), referred to in the amendment.

CIVIL AVIATION ACT 1988 - SECT 9

CASA's functions

(1) CASA has the function of conducting the safety regulation of the following, in accordance with this Act and the regulations:

(a) civil air operations in Australian territory;

(b) the operation of Australian aircraft outside Australian territory;

(ba) ANZA activities in New Zealand authorised by Australian AOCs with ANZA privileges;

 

by means that include the following:

 

(c) developing and promulgating appropriate, clear and concise aviation safety standards;

Aviation Safety Standards is defined in section 3. Observe how broad it is -

"aviation safety standards" means standards relating to the following:

(a) the flight crews engaged in operations of aircraft;

(b) the design, construction, maintenance, operation and use of aircraft and related equipment;

(c) the planning, construction, establishment, operation and use of aerodromes;

(d) the establishment and use of airspace;

(e) the planning, construction, establishment, maintenance, operation and use of:

(i) services and facilities of the kind covered by paragraph 8(1)(a) of the Air Services Act 1995; and

(iii) services of the kind referred to in paragraph 6(1)(b) of the Australian Maritime Safety Authority Act 1990 to the extent that those services use aircraft;

and any construction associated with those facilities or services;

(f) the personnel engaged in:

(i) the maintenance of aircraft and related equipment; or

(ii) anything referred to in paragraph (c) or (e).

C McKeown

12 November 2019