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82. CASA will register your request, acknowledge it, and submit it to an internal
CASA standards review committee for consideration. If that committee considers that
the proposal should be pursued, CASA will submit the proposal to the Standards
Consultative Committee (an industry consultative body). If that Committee supports the
proposal, a CASA project for the proposed change will be set up.
83. Before taking any action, CASA will consider any comments received about the
subject of your request, and will tell you whether they propose to go ahead with a
change or not, and the reasons for the decision.
84. The next stage is formulation of the draft proposal and public consultation on it.
CASA is required by section 16 of the Civil Aviation Act 1988 to consult with
‘government, commercial, industrial, consumer and other relevant bodies and
organisations (including ICAO and bodies representing the aviation industry)’.
85. The basic procedure for consultation on a proposed legislative change is as
follows:
• CASA publishes a notice of its intention to make a rule, and the availability
of the proposed rule, in a national newspaper and on its website
• the actual rulemaking proposal is released publicly as a Notice of Proposed
Rule Making (NPRM), which sets out the proposed change and supporting
information
• anybody interested has a reasonable time (normally 8 weeks) to comment.
The procedure for consultation on a change to a manual is similar except that the formal
notice is called a Notice of Proposed Change (NPC).
86. An NPRM will include the actual text of the proposed legislative change, as
drafted by the Office of Legislative Drafting of the Commonwealth Attorney-General’s
Department. The NPRM will also include:
• an introductory statement (‘Foreword’) extending an invitation to comment
on the proposal
• background information, including a description of the problem addressed
and why rule-making is necessary
• the objectives of the proposed rule
• the options that were considered and the constraints making them viable or
not
• an impact analysis setting out the advantages and disadvantages of those
options, and a description of the subjects and issues involved
• a Guide on how to comment (including addresses).
It may also include copies of proposed supporting material such as the relevant draft
Manual of Standards or guidance or advisory material. An NPC is similarly organised
but the proposed change document is drafted by technical specialists from CASA’s
Aviation Safety Standards Division.
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 — 14
87. The notice will also give the date by which comments must be submitted, and
where to send comments. There will be a response sheet in the NPRM or NPC, and you
are urged to use it in responding. There is also an online response system at:
http://rrp.casa.gov.au/ors.asp.
88. Requests for extension of time to comment should be sent to CASA no later than
2 days before the announced expiry time. It may not be possible in a particular case to
allow an extension of time to comment. However, extensions are normally granted if
you have a substantive interest in the proposed change and a good reason for the
extension. Bear in mind that extending the time for comment will delay the process.
89. Anybody can make a comment on a proposed change. Comments must be in
writing and should preferably be submitted on the response form.
90. CASA will register all comments made. After the time for comments (or any
extension of it) expires, CASA will evaluate all the comments received, and publish a
summary of those comments, CASA’s response to them, the action taken, CASA’s
policy, the action being taken, the finalised draft legislation or manual change, and any
associated guidance and supporting materials.
91. Finally, for changes to CASR or CAR only, the Minister for Transport and
Regional Services must decide whether to recommend to the Governor-General that the
proposed amending Regulations be made. If the Minister approves the proposed change,
he or she submits the text of the proposed amending Regulations to the Governor-
General for making as Regulations. After the proposed Regulations are made, a notice
of their making is published in the Commonwealth Gazette, and copies of the official
text are made available. The Regulations are also tabled in each House of the Parliament
within 15 sitting days after making, and then within a further 15 sitting days any
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