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Aviation Act 1988. There are also Civil Aviation Orders made under CAR and that Act.
3. CAR were made in 1988 and have been amended many times since. They are
being progressively reviewed as CASA brings its requirements into line with
international standards and best regulatory practice. Major new policies are generally
incorporated into CASR.
4. The intention is that the matter in CAR and the Civil Aviation Orders will be
progressively brought into CASR. As part of that process, CASR is to be written in
modern, easy-to-understand language.
5. CASR and CAR, and the Orders, are parts of Australian law. They are delegated
legislation, made by the Governor-General (for the Regulations) or CASA itself (for the
Orders) under authority given by the Commonwealth Parliament. The authority for the
Governor-General to make the Regulations is in section 98 of the Civil Aviation Act
1988, and the authority for CASA to make the Orders is in subsection 98 (4A) of that
Act and regulation 5 of the 1988 Regulations.
6. The Civil Aviation Act, CASR and CAR give effect to some of Australia’s
obligations under the Convention on International Civil Aviation (usually called the
Chicago Convention) entered into at Chicago on 7 December 1944. The English texts of
the Chicago Convention, and several Protocols amending it, are set out as Schedules to
the Commonwealth Air Navigation Act 1920.
7. The Chicago Convention sets up the International Civil Aviation Organization
(ICAO) as the regulatory body for international civil aviation. The Council of ICAO
adopts Annexes (18 so far) to the Chicago Convention setting out ‘international
standards and recommended practices’ (Chicago Convention, Art. 54 (l)). The Annexes
provide the basis for aviation safety regulation throughout the world. The Annexes vary
in length from a few pages to hundreds of pages, and are not set out in the Air
Navigation Act.
8. The Civil Aviation Act, CASR and CAR are not the whole of the
Commonwealth legislation regarding aviation. Aspects of aviation other than safety are
regulated under (for example):
• the Air Navigation Act 1920
• the Air Navigation Regulations 1947
• the Air Services Act 1995
• the Air Services Regulations
• the Aviation Transport Security Act 2004
• the Civil Aviation (Carriers’ Liability) Act 1959.
Civil Aviation Safety Regulations 1998 (CASR)
CASR — 1st Edition – January 2003 Office of Legal Counsel
Replacement Page Amdt No. 11 — December 2004 Civil Aviation Safety Authority
Guide — 2
How to read the Regulations
9. From this point on, in this Guide, unless the contrary is stated the Regulations
means the Civil Aviation Safety Regulations 1998.
How the Regulations are organised
10. First, note that ‘the Regulations’ contains many ‘regulations’ within it. In other
words, Regulations means the whole statutory document; a regulation is a particular
kind of part of it.
11. The Regulations are divided into Parts, each Part dealing with a particular topic.
A Part may be divided into Subparts, and a Subpart into Divisions. Divisions are
divided into regulations, but a Part or Subpart can also be divided directly into
regulations (that is, a Part need not have Subparts, and a Subpart need not have
Divisions). An individual regulation may be divided into subregulations, a
subregulation into paragraphs and a paragraph into subparagraphs. A regulation that
is not divided into subregulations can be directly divided into paragraphs. (For how
these levels of the structure are numbered and referred to, see paragraphs 16 to 24
below.)
12. All these levels of structure are made visible on the printed page by typographic
devices such as variations in type size, bold type and indentation. This is how it looks
in print (Acts look somewhat different but the principles are the same):
Part 1 Part heading
Subpart 1.A Subpart heading
Division 1.A.1 Division heading
1.000 Regulation headings look like this
This is the text of a regulation that is not divided into subregulations.
1.005 Another regulation heading
(1) This is a subregulation.
(2) This subregulation is divided into:
(a) a paragraph; and
(b) another paragraph that is itself divided into:
(i) a subparagraph; and
(ii) another subparagraph.
13. Incidentally, no other Commonwealth legislation contains Subparts. Generally,
the levels of division are called Part, Division, Subdivision, and then section or
regulation. Occasionally there is a level above Part called Chapter.
Civil Aviation Safety Regulations 1998 (CASR)
CASR — 1st Edition – January 2003 Office of Legal Counsel
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