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CIVIL AVIATION BILL 2008

CIVIL AVIATION BILL 2008. Comments received / Issues raised. Numerous centres of powers Independence of ASIB questionable Industry participation required National Civil Aviation Security Coordinator General comments. Numerous centres of power. Previous draft Bill Minister

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CIVIL AVIATION BILL 2008

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  1. CIVIL AVIATION BILL 2008

  2. Comments received / Issues raised • Numerous centres of powers • Independence of ASIB questionable • Industry participation required • National Civil Aviation Security Coordinator • General comments

  3. Numerous centres of power • Previous draft Bill • Minister • Director General • Director • National Civil Aviation Security Coordinator • Civil Aviation Authority Board and CAA • Current draft Bill • Minister (Funtionary responsible) / DOT (Policy & Security) • Civil Aviation Authority / Director (Oversight) clause 71 • Civil Aviation Authority Board (Corporate Governance only) clause 79

  4. Independence of ASIB • Public participation in nomination process (clause 15) • ASIB appointed by Parliament (clause15) • Appoints staff / functions independently • Wide powers of investigation • PFMA applicable (clause 22) • Compliance with Annex 13 of Convention

  5. Industry Participation • Representation n Civil Aviation Authority Board (clause 82) • Representation in Civil Aviation Regulations Committee (clause 143) • Direct influence on practical / technical regulations • Varied industry participation e.g. Recreational aviation activities • Consultative structures – regulation making

  6. National Civil Aviation Security • National Civil Aviation policy – DOT responsible • DOT responsible for security-related policy matters / Convention requirements (Annex 17) • Various responsibilities on DOT as required by ICAO Security Guidelines • Authority responsibility for oversight • Aviation participants required to have NASP Designated airports ATNS Co, air carriers or designated by Minister (clause 100D) Non-compliance an offence (clause 100D)

  7. General • Constitutional and other issues reconsidered and amended where applicable • Stakeholder concerns re-appraised e.g. “registered owner”, strict liability and insurance requirement • DOT policy on e.g. strict liability retained • DOT of view Bill complies with ICAO and FAA requirements / audit findings

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