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Thursday, 25 August 2011
Page: 5523


Senator FURNER (Queensland) (11:52): On behalf of the Standing Committee on Regulations and Ordinances, I give notice that on the next day of sitting I shall with­draw business of the Senate notice of motion No. 1 standing in my name for 10 sitting days after today for the disallowance of Instrument No. CASA EX48/11. I seek leave to incorporate in Hansard the committee's correspondence concerning this instrument.

Leave granted.

The document read as follows—

Instrument No. CASA EX48/11

16 June 2011

The Hon Anthony Albanese MP

Minister for Infrastructure and Transport

Suite MG.43

Parliament House

CANBERRA ACT 2600

Dear Minister

I am writing to you in relation to the following instruments made under subregulation 308(1) of the Civil Aviation Regulations 1988.

Instrument No. CASA EX48/11

This instrument which exempts seaplanes from certain requirements in the principal Regulations, replaces a similar instrument that ceased to have effect at the end of January 2011. This present instrument commenced on 29 April 2011, the day after it was registered.

In [this instance] there appears to have been a period in which no exemption was in operation. The Committee would appreciate your advice as to the effect that the absence of an exemption had on the operations of the specified aircraft and whether any person had been disadvantaged during that period.

As you are aware the Committee operates within the disallowance timeframe established by the Legislative Instruments Act 2003 and works toward completing consideration of a legislative instrument before the expiry of the 15th sitting day after it has been tabled in the Senate. Correspondence should therefore be forwarded to the Committee as soon as possible but before the date shown below to allow it time to consider your advice prior to the expiration of the 15th sitting day. In the event that a response is not received by the 15th sitting day, the Committee may as a precautionary measure give a notice of motion to disallow the instrument.

The Committee would therefore appreciate advice on the above matter before 1 July 2011. Correspondence should be directed to the Chair, Senate Standing Committee on Regulations and Ordinances, Room S1.111, Parliament House, Canberra.

Yours sincerely

Senator the Hon Ursula Stephens

Chair

 

7 July 2011

Senator the Hon Ursula Stephens

Chair

Senate Standing Committee on Regulations and Ordinances

Room S1.111

Parliament House

CANBERRA ACT 2600

Dear Senator Stephens

Thank you for your letter dated 16 June 2011 about Civil Aviation Regulations 1988 Instrument No. CASA EX48/11 and Instrument No. CASA EX50/11 made under subregulation 308(1).

The Civil Aviation Safety Authority (CASA) has advised that in relation to CASA EX48/11, it has undertaken industry consultation and a subsequent safety review to determine the need for a replacement instrument that exempt seaplanes from certain requirements. CASA is not aware of the extent to which persons were affected as a result.

Thank you for raising this matter.

Yours sincerely

Anthony Albanese

Minister for Infrastructure and Transport

 

18 August 2011

The Hon Anthony Albanese MP

Minister for Infrastructure and Transport

Suite MG.43

Parliament House

CANBERRA ACT 2600

Dear Minister

Thank you for your letter of 7 July 2011 responding to the committee’s concerns with CASA Instruments EX48/11 and EX50/11 made under subregulation 308(1) of the Civil Aviation Regulations 1988.

In your response you advise that during the period in which there was no exemption in place industry was consulted, recovery activities were put on hold and safety reviews were conducted. The committee considers that this information addresses the first issue it raised in relation to these instruments.

The committee also sought your advice on whether any person had been disadvantaged during the period when an exemption did not exist. In relation to this issue, your letter states that CASA was not aware of the extent to which persons were affected as a result of the lapse of these exemptions.

The committee considers that this statement appears to suggest that persons were affected but to an unknown extent. The committee therefore seeks clarification on this point.

In addition, the committee requests your advice on what specific steps were taken to identify persons who may have been adversely affected by the gap between exemptions and, if necessary, any action taken to remedy this matter.

I note that, as the time for giving a disallowance notice in relation to CASA EX48/11 was to expire on 17 August 2011, the committee gave a notice of motion yesterday of its intention to disallow this instrument on the basis that your response did not allow it to determine if any person had been disadvantaged, as discussed above.

In addition, I note that the disallowance period for CASA EX50/11 will expire on Wednesday 24 August 2011. If a satisfactory response has not been received by this date, the committee will give a notice of motion to disallow this instrument on that day.

The committee would therefore appreciate your advice on this matter before 24 August 2011. The giving of this notice will enable the committee to maintain its consideration for a further 15 sitting days, and to provide you with additional time to respond.Please direct any correspondence to:

Chair

Senate Standing Committee on Regulations and Ordinances

Room S1.111

Parliament House, Canberra

Yours sincerely

Senator Mark Furner

Chair

 

24 August 2011

Senator Mark Furner

Chair

Senate Standing Committee on Regulations and Ordinances

Room S1.111

Parliament House

CANBERRA ACT 2600

Dear Senator Furner

Thank you for your letter dated 18 August 2011 about Civil Aviation Regulations 1988 Instrument No. CASA EX48/11 and Instrument No. CASA EX50/11 made under subregulation 308(1).

The Civil Aviation Safety Authority (CASA) has advised that while there was a delay between the lapsing of the previous instrument and the making of CASA EX48/11, CASA received no information from any operator that the absence of the instrument disadvantaged them during that period.

Thank you for raising this matter.

Yours sincerely

Anthony Albanese

Minister for Infrastructure and Transport