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Thursday, 26 September 2002
Page: 4951

Senator TCHEN (9:31 AM) —I give notice that, 15 sitting days hence, I shall move:

That regulations 65.060 and 65.270 in item [1] of Schedule 1 of the Civil Aviation Amendment Regulations 2002 (No. 2), as contained in Statutory Rules 2002 No. 167 and made under the Civil Aviation Act 1988, be disallowed.

I seek leave to incorporate in Hansard a short summary of the committee's concerns with these regulations.

Leave granted.

The document read as follows

Civil Aviation Amendment Regulations 2002 (No. 2), Statutory Rules 2002 No. 167

The Regulations establish an appropriate framework of safety regulations for the provision of air traffic services and aerodrome rescue and fire fighting services. The Committee has raised the following concerns with the Minister.

Regulation 65.060 prohibits carrying out an unauthorised flight service function. This is a strict liability offence. The Committee notes that 65.045 prohibits carrying out an unauthorised air traffic control function but provides for a defence to a charge under this regulation where the relevant action was reasonable in the interests of safety of aerial navigation. No comparable defence is supplied for regulation 65.060.

Paragraph 65.270(1)(d) provides that CASA may cancel or suspend a licence (etc) if the holder “appears not to have the characteristics of personality, and other psychological attributes” that are necessary to carry out the duties of an air traffic controller or flight service officer. The Committee has sought clarification of how this paragraph is to be applied. For example, what criteria are to be used in determining a person's personality characteristics?