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Wednesday, 1 July 1998
Page: 5746


Mr VAILE (Transport and Regional Development) (9:44 AM) —I move:

That the bill be now read a second time.

In July 1996 the government announced that the Civil Aviation Safety Authority, commonly known as CASA, would conduct a complete review of the civil aviation legislation in Australia, with the objectives of harmonising it with international standards of safety regulation and making it shorter, simpler, and easier to use and understand. This was also an election commitment in our government's Soaring into Tomorrow aviation policy statement. The Morris committee Plane Safe report and the Seaview commission of inquiry both supported the need for a review of Australian regulations and standards.

The purpose of this bill is to facilitate the findings of the review. It provides for the introduction of a new set of regulations that are harmonised with civil aviation laws internationally.

The existing act contains various references to the `civil aviation regulations'. These references will be changed to `the regulations' or `regulations made under this act' or simi lar. In recognition of the fact that the safety regulation of aviation activities should not be based fundamentally on the commercial nature of an activity, it is proposed that the term `commercial' be removed from the act by replacing `domestic commercial flight' with `regulated domestic flight'.

The amendments also provide for new powers in relation to the retention and destruction of goods seized by CASA during the course of investigating breaches of the Civil Aviation Act 1988 and regulations. The power to retain seized goods for longer than 60 days and the power to destroy seized goods are vested in courts. CASA must apply to courts for orders to retain or destroy the goods, as the case may be. The former is required to assist in prosecutions for offences against the act or regulations and is needed in cases where difficulties arise when proceedings are delayed.

The discretion to destroy dangerous goods seized is proposed because, in practice, it is not always possible to return seized goods to their owner, and the airline or Customs do not want to accept the responsibility for the goods after the matter is finalised. Unless such goods are forfeited to the state under legislation relating to property used in the commission of an offence, CASA is required to store them indefinitely. This storage is expensive and has no purpose other than to ensure that CASA does not unlawfully dispose of goods which it does not own. The amendments proposed will permit a CASA investigator to apply to a court for an order that the goods be destroyed where the owner cannot be located or has refused to take possession of the goods.

Clarification of CASA's ability to classify the fees charged by CASA under the civil aviation (fees) regulations as debts due to CASA is also included in the bill. Where regulations made under the act require the payment of a fee, and the fee is not paid by the due date, then the regulations should be able to prescribe a late payment penalty to be added to that fee. Consequently, a provision which enables the making of regulations which prescribe limited late payment penalties to be imposed is also included.

The financial impacts of the proposed amendments have been assessed as being low. The regulatory changes which the bill facilitate streamline many CASA requirements of industry and will assist in the manufacture of aircraft in Australia. The bill has no direct budgetary impact. It is envisaged, however, that the regulatory changes which will follow from the bill will reduce the costs borne by CASA in administering the civil aviation regulatory regime.

The amendments proposed in this bill will facilitate the long awaited introduction for the Australian aviation industry of a regulatory regime which is not only harmonised with international practice but clear, concise and outcome focused. The government's commitment to deliver this objective has been realised. I commend the bill to the House and table the explanatory memorandum.

Debate (on motion by Dr Theophanous) adjourned.