Civil Aviation Safety Regulations 1998 (CASR)
Guide — 1
GUIDE
How to use the Civil Aviation Safety Regulations 1998
What this Guide is intended to do
1. This Guide is intended only to help you use the Civil Aviation Safety Regulations 1998 effectively. It is not part of those Regulations and is not intended to take the place of reading them.
What are the Regulations?
2. The Civil Aviation Safety Regulations 1998 (‘CASR’), together with the Civil Aviation Regulations 1988 (‘CAR’), are the detailed legislation of the Commonwealth regarding aviation safety. Both of those sets of regulations are made under the Civil 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.
CASR — 1st Edition – January 2003 Replacement Page Amdt No. 11 — December 2004 Office of Legal Counsel Civil Aviation Safety Authority
飞行翻译公司 www.aviation.cn 本文链接地址：guidcasr.pdf
Guide — 1
GUIDE
How to use the Civil Aviation Safety Regulations 1998
What this Guide is intended to do
1. This Guide is intended only to help you use the Civil Aviation Safety Regulations 1998 effectively. It is not part of those Regulations and is not intended to take the place of reading them.
What are the Regulations?
2. The Civil Aviation Safety Regulations 1998 (‘CASR’), together with the Civil Aviation Regulations 1988 (‘CAR’), are the detailed legislation of the Commonwealth regarding aviation safety. Both of those sets of regulations are made under the Civil 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.
CASR — 1st Edition – January 2003 Replacement Page Amdt No. 11 — December 2004 Office of Legal Counsel Civil Aviation Safety Authority
飞行翻译公司 www.aviation.cn 本文链接地址：guidcasr.pdf
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