Dana Wortley (SA, Australian Labor Party) Share this | Hansard source

On behalf of the Standing Committee on Regulations and Ordinances, I give notice that, 15 sitting days after today, I shall move:

No. 1—That Instrument number CASA 627/08 made under regulation 208 of the Civil Aviation Regulations 1988; be disallowed.

No. 2—That the Other Grants Guidelines (Research) 2008 made under section 238-10 of the Higher Education Support Act 2003, be disallowed.

I seek leave to incorporate in Hansard a short summary of the matters raised by the committee.

Leave granted.

The document read as follows—

Instrument No. CASA 627/08

This instrument permits Tiger Airways Australia Pty Ltd to operate Airbus A320 series aircraft with one cabin attendant for every 50 passenger seats.

The Committee notes that previously, in relation to another airline operator, different instruments were made for a particular series of aircraft with a maximum seating capacity of 180 people when carrying fewer than 50 passenger seats, and when carrying more than 50 passenger seats. The Committee would appreciate your advice as to why this distinction has not been made in this instance.

Other Grants Guidelines (Research) 2008

This instrument revokes and remakes the Other Grants Guidelines.

Appendix 2A to these Guidelines specifies the conditions that apply to a Commercialisation Training Scheme grant. Clause 7 deals with rights of access to the premises and records of a grant recipient. Subclause 7.1 states that access must be given to certain prescribed officers, including “any person authorised in writing by the Secretary”. This appears to be a wide discretion.

Subclause 6.3 in Appendix 2A states that the Commonwealth’s right to be indemnified is “in addition to, and not exclusive of” any other right, power or remedy provided by law. The words “not exclusive of” are, presumably, intended to mean “does not exclude”, rather than implying that the Commonwealth’s right is inclusive of other rights.

The Committee has written to the relevant ministers seeking advice on the above matters.