[Peetwo]

Delegated Legislation Monitor - Monitor 8 of 2021: https://www.aph.gov.au/Parliamentary_Bus...on/Monitor

Extract in follow up to last post: (ref - DLM 8 page 30)






"Committee Secretariat considering (Dr Aleck) response.." - Hmm...I wonder if the Secretariat needs a hand with that consideration?? 



Also from the DLM 8: (pg 36-37)











In regards to these exemptions I note the following from Lead Balloon & co off the UP:



Ref: https://www.pprune.org/australia-new-zea...st11064067

Duck Pilot

Leadie, CASA will not issue exemptions against the new rules - I have tried however CASA will no longer entertain exemptions based on the recent feedback that I have received from CASA.

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Lead Balloon

Originally Posted by [b]Duck Pilot[/b] 
Leadie, CASA will not issue exemptions against the new rules - I have tried however CASA will no longer entertain exemptions based on the recent feedback that I have received from CASA.

Just goes to show they’re living on another planet. The ‘new rules’ are shit and will require many exemptions to enable operations in the real world.

This looks very much like a very recent exemption against a new rule: https://www.legislation.gov.au/Details/F2021L00196.

As does this one: https://www.legislation.gov.au/Details/F2021L00532.

And this one as well: https://www.legislation.gov.au/Details/F2020L01248.

And most of the rest of the page of search results I have in front of me…

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Car RAMROD

That was exactly the same with the fatigue rules.


But because so many operators were getting shafted, CASA now have a process to apply for minor variations to the prescriptive rules.

so, basically we are back to exemptions.

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Lead Balloon

And let me guess: They’ve wangled it so that the “minor variations” don’t have to be published and tabled, so we won’t know who’s getting what?


Back to behind closed doors favouritism (which is exactly why CASA was made to publish and table exemptions in the first place).

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Roj approved

In the webinar they said “just because one operator gets a Variation, doesn’t mean another doing the same work can have the same”.


So, as you say, CASA playing favourites again.

On the subject of delegated legislation and exemptions, I note the following was tabled in the Senate on the 1st sitting day this week (15th of June):

Civil Aviation Act 1988—Civil Aviation Safety Regulations 1998—
AD/JABIRU/4 Control Surface Hinge – Inspections [F2021L00589].
Flight Instructors and Part 141 Operators (Flight Training – Certain Solo
Cross-country Flights) Exemption 2021—CASA EX20/21 [F2021L00196]—
Replacement explanatory statement.
Operation of Aircraft with Defect Beyond Designated Rectification Interval
Exemption 2021—CASA EX55/21 [F2021L00630].
Part 61 Manual of Standards Amendment Instrument 2021 (No. 2)
[F2021L00588].
Part 66 Manual of Standards Amendment Instrument 2021 (No. 1)
[F2021L00568].
Prescription of Aircraft and Ratings — CASR Part 61 (Edition 8) Instrument 2021
[F2021L00622].
Repeal of Airworthiness Directive AD/CON/63 Amdt 2—CASA ADCX 006/21
[F2021L00600].
Repeal of Airworthiness Directive AD/JBK 117/25—CASA ADCX 005/21
[F2021L00599].
 

Hmm...remember this statement from the former DAS McCormick?? 




How things have changed...err NOT! 

Finally a point of interest from the SDL committee's inquiry into...

 Inquiry into exemption of delegated legislation from parliamentary oversight

...On 16 June 2021 the Senate is scheduled to consider the adoption of the three recommendations of the final inquiry report that were directed to the Senate. In summary, these recommendations are:

• that the Senate adopt a resolution emphasising the importance of disallowance and sunsetting of delegated legislation to parliamentary scrutiny (recommendation 8);
  
  
  
• that the Senate order the Attorney-General to table a statement setting out the rationale for specifying instruments as non-legislative, and the rationale for the exemptions from disallowance or sunsetting in Parts 2, 4 and 5 of the Legislation (Exemptions and Other Matters) Regulation 2015 (recommendation 9); and
  
  
  
• that the Senate agree to amend standing order 23 to clarify the committee’s scrutiny principles in relation to exemptions from sunsetting and instruments that amend or modify the operation of primary legislation (Henry VIII clauses), and to allow the committee to scrutinise instruments that are exempt from disallowance (recommendation 10).
  

Further information is available in the briefing note, which outlines the background to and nature of each of these recommendations and cites the relevant discussion in the final inquiry report.

Hmm, again.."the time has come the Walrus said"...

MTF...P2