[Peetwo]

Scrutiny of CASA: DLM 1 of 2022??

Ref: https://www.legislation.gov.au/Details/F2022L00061 & https://www.aph.gov.au/-/media/Committee...E8236A363E

While reading this summary keep the following quoted para from the BJ SOE in mind: 

(b) fully consider the impact of new regulations on general aviation, with a particular focus on regional and remote Australia. All Explanatory Statements drafted by CASA for subordinate legislation should identify the impact on the various categories of operations as well as on communities in regional and remote Australia served by those operations and how these impacts have been considered...

Chapter 4 - Scrutiny of instruments exempt from disallowance (CASR entries)

4.4 The instruments may not meet the committee's expectations because:

• the explanatory statement accompanying the instrument does not contain a sufficient explanation for why the instrument is exempt from disallowance and therefore the committee has not been able to assess whether it is appropriate for the instrument to be exempt from disallowance; or
• a substantive explanation for exemption is provided but the committee considers that the explanation does not meet the Senate's requirement that exemptions should only be made in exceptional circumstances and will only be justified in rare cases.1

1. Senate resolution 53B: Delegated legislation—disallowance and sunsetting, agreed to on 16 June 2021, https://www.aph.gov.au/Parliamentary_Bus...he_Senate/.

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4.6 The following instruments do not meet the committee's expectations under standing order 23(4A).

CASA OAR 064/21 — Determination of Airspace and Controlled Aerodromes Etc. (Designated Airspace Handbook) Instrument 2021 [F2021L01618]- Infrastructure, Transport, Regional Development and Communications

Appendix A - Chapter 5: New Matters. (CASR entries)

5.1 The committee engages with relevant ministers and agencies to attempt to resolve its concerns about scrutiny issues raised by disallowable legislative instruments. This appendix documents the committee's new scrutiny concerns in relation to legislative instruments registered on the Federal Register of Legislation between 23 October 2021 and 26 November 2021.

Agency engagement

5.3 The committee is engaging with the relevant agencies via its secretariat to seek further information about potential scrutiny concerns raised by the instruments listed below.

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Civil Aviation Order 48.1 Amendment Instrument 2021 (No. 1) [F2021L01610]/ Principle (k) exemption from sunsetting/ Committee secretariat considering response.

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Part 91, Part 133 and Part 138 Manuals of Standards — NVIS Amendments Instrument 2021 (No. 1) [F2021L01591]/ Principle (k) exemption from sunsetting/ Committee secretariat considering response.

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Part 138 MOS Amendment Instrument 2021 (No. 1) [F2021L01595]/ Principle (k) exemption from sunsetting/ Committee secretariat considering response.

Appendix B - Chapter 6: Ongoing Matters (CASR entries)

Agency engagement

6.3 The committee is continuing to engage with the relevant agencies via its secretariat to seek further information about potential scrutiny concerns raised by the instruments listed below.

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CASA EX83/21 – Part 121 and Part 91 of CASR – Supplementary Exemptions and Directions Instrument 2021 [F2021L01399]/ Principle (a) compliance with Legislation Act 2003—incorporation/ Committee secretariat considering response.

Appendix D - Undertakings

8.1 From time to time, a minister or agency may make an undertaking to address the committee's scrutiny concerns. These may include, for example, an undertaking to amend a legislative instrument or an explanatory statement, or to review an Act or a departmental practice. The committee expects that, when a minister or agency has made an undertaking, it will be implemented in a timely manner. Accordingly, this appendix records outstanding ministerial and agency undertakings, and the undertakings implemented since the committee's last Delegated Legislation Monitor.

Outstanding undertakings

8.2 The following table records undertakings that the committee is aware remain outstanding, from oldest to newest. The committee draws these undertakings to the attention of the Senate.

Part 133 (Australian Air Transport Operations—Rotorcraft) Manual of Standards 2020 [F2020L01614]/
The Civil Aviation Safety Authority undertook to amend the explanatory statement to the instrument in response to the committee's scrutiny concerns./ 20/04/2021

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Civil Aviation Legislation Amendment (Flight Operations—Consequential Amendments and Transitional Provisions) Regulations 2021 [F2021L00200]/
The Civil Aviation Safety Authority undertook to amend the instrument in response to the committee's scrutiny concerns./ 21/05/2021

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Civil Aviation Legislation Amendment (Flight Operations—Consequential Amendments and Transitional Provisions) Regulations 2021 [F2021L00200]/ The Civil Aviation Safety Authority undertook to amend the instrument in response to the committee's scrutiny concerns./ 08/06/2021

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Part 60 Manual of Standards Amendment Instrument 2021 (No. 1) [F2021L01303]/
The Civil Aviation Safety Authority undertook to amend the explanatory statement to the instrument in response to the committee's scrutiny concerns./ 12/11/2021

MTF...P2