DLM 3 of 2023 etc.
Via SSCSDL webpages:
Although not directly related to aviation laws and regulations that are listed as delegated instruments and exemptions, I found the following passage from the 'Tabling Statement' interesting because IMO, for large parts of it, you could simply replace the Treasury references for CASA and the committee's observations and concerns could be largely replicated. The major difference of course is that Treasury is directly accountable to the Minister and Secretary of the Dept, whereas CASA is an independent statutory corporate authority...
Perhaps the committee could devote some time to examining the 'passing strange' phenomenon where at the start of a new sitting week CASA quietly, with virtually zero Parliamentary scrutiny, table significant lists of delegated legislation (exemptions and instruments).
As an example here are the lists for the start of the sitting week for both the 6th February & 6th March 2023:
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Via SSCSDL webpages:
Quote:3 of 2023
8 March 2023
Monitor
Ministerial responses
Tabling statement
Although not directly related to aviation laws and regulations that are listed as delegated instruments and exemptions, I found the following passage from the 'Tabling Statement' interesting because IMO, for large parts of it, you could simply replace the Treasury references for CASA and the committee's observations and concerns could be largely replicated. The major difference of course is that Treasury is directly accountable to the Minister and Secretary of the Dept, whereas CASA is an independent statutory corporate authority...
Quote:..The Corporations Amendment (Litigation Funding) Regulations 2022 provide
litigation funding schemes with explicit exemptions from the Corporations Act,
including the product disclosure regime and anti-hawking provisions. The Treasury
Laws Amendment (Rationalising ASIC Instruments) Regulations 2022 similarly inserts
ongoing exemptions to requirements in the Corporations Act and the Consumer Credit
Protection Act.
It is the committee's long-standing view that modifications to or exemptions from
primary law should be set out in the primary law itself. When these measures are in
delegated legislation, the committee expects they will be time limited to ensure
frequent parliamentary oversight. This also provides the executive with the ability to
assess whether the measures remain appropriate and necessary.
Not only do these instruments insert a number of exemptions to primary legislation,
but they are in place on an ongoing basis, as the measures are not subject to the usual
10-year sunsetting period.
It is of particular concern that the Rationalising ASIC Instruments Regulations have
the effect of shifting exemptions previously contained in individual legislative
instruments, usually time limited to a period of 3-5 year, or at a minimum, subject to
sunsetting period, into the Principal Regulations which are exempt from sunsetting.
This means that these exemptions from primary law are being placed in delegated
legislation indefinitely, which is a significant scrutiny concern for the committee.
For this reason, the committee sought the Assistant Treasurer's advice as to why it was
necessary and appropriate to introduce these exemptions in delegated rather than
primary legislation. Further, the committee asked whether there is any intention to
move the exemptions into primary legislation and if not, whether the instrument can
be time-limited.
The Assistant Treasurer advised that there is no intention to introduce the exemptions
in primary law or to time limit them. He advised that delegated legislation is the most
appropriate place for the exemptions. He also advised that including the exemptions
in the instrument would ensure they are co-located with existing exemptions, and
time-limiting them would only introduce uncertainty and confusion.
Unfortunately, this response did not address the committee's scrutiny concerns about
this matter. For this reason, the committee is now seeking the Assistant Treasurer's
further advice, including whether the primary legislation could be amended to include
these exemptions.
Perhaps the committee could devote some time to examining the 'passing strange' phenomenon where at the start of a new sitting week CASA quietly, with virtually zero Parliamentary scrutiny, table significant lists of delegated legislation (exemptions and instruments).
As an example here are the lists for the start of the sitting week for both the 6th February & 6th March 2023:
Quote:Civil Aviation Act 1988—
Civil Aviation Regulations 1988—CASA 41/01 Repeal Instrument 2022—
CASA 50/22 [F2022L01584].
Civil Aviation Regulations 1988 and Civil Aviation Safety Regulations 1998—Civil
Aviation Orders (CAO 95 Series) Amendment and Repeal Instrument 2023
[F2023L00021].
Civil Aviation Safety Amendment (Flight Operations—Parts 119 and 138)
Regulations 2022 [F2022L01612].
Civil Aviation Safety Regulations 1998—
Amendment of CASA EX81/21 (Maximum Take-off Weight for Aerial
Application Operations) Instrument 2022—CASA EX 93/22
[F2022L01541].
Amendment of CASA EX82/21 – Instrument (No. 2) 2022—
CASA EX108/22 [F2022L01765].
Amendment of CASA EX83/21 – (Miscellaneous Revisions) Instrument
2022—CASA EX98/22 [F2022L01753].
Amendment of CASA EX84/21 (Miscellaneous Revisions) – Instrument
2022—CASA EX99/22 [F2022L01745].
Amendment of CASA EX85/21 (Miscellaneous Revisions) – Instrument
2022—CASA EX100/22 [F2022L01652].
Amendment of CASA EX86/21 (Miscellaneous Revisions) – Instrument
2022—CASA EX101/22 [F2022L01660].
Part 42 Manual of Standards Amendment Instrument 2022 (No. 1)
[F2022L01708].
Part 121 – Single Pilot Aeroplane (MOPSC 10-13) Operations – Exemptions
Repeal, Remake, and Direction Instrument 2022—CASA EX97/22
[F2022L01558].
Part 137 and Part 91 of CASR – Supplementary Exemptions and Directions
Instrument 2022—CASA EX 92/22 [F2022L01540].
Part 138 MOS Amendment Instrument 2022 (No. 1) [F2023L00004].
Repeal of Airworthiness Directive AD/F100/24—CASA ADCX 001/23
[F2023L00045].
Repeal of Airworthiness Directive AD/MAKILA/11—CASA ADCX 005/22
[F2022L01556].
The Corryong Cup Hang Gliding Competition Instrument 2023—CASA
EX02/23 [F2023L00017]—Rectified authorised version.
The Corryong Paragliding Open Instrument 2023—CASA EX07/23
[F2023L00057].
Civil Aviation Safety Regulations 1998 and Part 133 Manual of Standards—
Amendment of CASA 69/20 (Prescription and Approval of Certain Recognised
Foreign States) Instrument 2022—CASA 68/22 [F2022L01750].
Civil Aviation Act 1988—Civil Aviation Safety Regulations 1998—
Amendment of CASA EX82/21 – Instrument 2023 (No. 1)—CASA EX14/23
[F2023L00131].
Amendment of CASA EX83/21 – Instrument 2023 (No. 1)—CASA EX15/23
[F2023L00126].
Amendment of CASA EX85/21 (Miscellaneous Revisions) – Instrument
2022—CASA EX100/22 [F2022L01652]—Replacement explanatory
statement.
Amendment of CASA EX86/21 – Instrument 2023 (No. 1)—CASA EX16/23
[F2023L00132].
Amendment of CASA EX87/21 – Instrument 2023 (No. 1)—CASA EX12/23
[F2023L00130].
CASR Subpart 99.B DAMP Requirements for Foreign Air Transport AOC
Holders Exemption 2023—CASA EX18/23 [F2023L00144].*
Class 1 Medical Certificate (Certain Flights by Holders of a Commercial Pilot
Licence or Air Transport Pilot Licence) Exemption 2023—CASA EX28/23
[F2023L00154].
Directions – TRAs and TDAs outside Australian Territory – Instrument
2023 (No. 1)—CASA 08/23 [F2023L00116].
Operations by Sport and Recreational Aircraft in Restricted Area R979A
(Australian International Airshow and Aerospace & Defence Exposition)
Exemption 2023—CASA EX23/23 [F2023L00137].
Part 145 Exposition (CAR Maintenance Activities) Exemption 2023—CASA
EX30/23 [F2023L00152].*
Pre-deployment Drug and Alcohol Testing Exemption 2023—CASA
EX17/23 [F2023L00149].*
Repeal of Airworthiness Directive AD/A320/1—CASA ADCX 002/23
[F2023L00123].
The Bright Open Instrument 2023—CASA EX11/23 F2023L00097.
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