Commonwealth Numbered Regulations - Explanatory Statements
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AIR SERVICES AMENDMENT REGULATIONS 2019 (F2019L01424)
EXPLANATORY STATEMENT
Issued by the authority of the Deputy Prime Minister and Minister for Infrastructure, Transport and Regional Development
Air Services Amendment Regulations 2019
made under the Air Services Act 1995
The Air Services Act 1995 (the Act) establishes Airservices Australia (AA) as a Corporate Commonwealth Entity to provide services to effect the safety, regularity and efficiency of air navigation. Under the Act, AA provides air traffic, rescue and fire fighting, and aeronautical information services to the aviation industry. The Act states that AA must regard the safety of air navigation as its most important consideration.
Subsection 77(1) of the Act provides that the Governor General may make regulations, not inconsistent with the Act, prescribing matters required or permitted by the Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to the Act.
Subsection 77(2) of the Act states the regulations may make provision for the functions of AA and the powers that can be exercised by its employees, compensation for loss, publication of Aeronautical Information Publications (AIPs) and Notices to Airmen (NOTAMS), regulating environmental effects of Commonwealth jurisdiction aircraft, immunity from liability, records of aircraft subject to statutory lien and enabling specified documents to be prima facie evidence of aircraft movements.
Air Services Amendment Regulations 2019
The purpose of the Air Services Amendment Regulations 2019 (the Regulations) is to replace section 42 of the Air Services Regulations 2019 (the Principal Regulations) to ensure the scope of immunity set out in section 42 of the Principal Regulations falls within the scope of power set out in section 77 of the Act. Section 42 of the Principal Regulations currently has the potential to overreach its enabling legislation as specified in section 77 of the Act.
The Regulations provide immunity from civil liability to AA and its employees in the good faith exercise of their powers under the Principal Regulations. In particular, this provides immunity to AA and its employees in the exercise of their regulated powers in responding to rescue and fire fighting operations.
Consultation
In accordance with section 17 of the Legislation Act 2003, the Department of Infrastructure, Transport, Cities and Regional Development consulted extensively with AA throughout the amendment process, as well as the Australian Government Solicitor to ensure that the amendment was fit for purpose and was within the scope of its enabling legislation. No concerns were raised regarding the draft Amendment Regulations.
Regulation Impact Statement
The Office of Best Practice Regulation advised a Regulation Impact Statement (RIS) did not need to be prepared for the Air Service Regulations 2019 (OBPR ID: 23097). No further advice has been obtained for this amendment.
Statement of Compatibility with Human Rights
A Statement of Compatibility with Human Rights was received for the Amendment Regulations 2019 and is at Attachment A.
The Act specifies no conditions that need to be satisfied before the power to make the proposed Regulations may be exercised.
The Air Services Amendment Regulations 2019 are a legislative instrument for the purposes of the Legislation Act 2003. Details of the Regulations are set out in Attachment B.
The Air Services Amendment Regulations 2019 commence the day after this instrument is registered.
Authority: Subsection 77(1) of the
Air Services Act 1995