Explanatory Statement
Civil Aviation Regulations 1988
Permission and direction — helicopter special operations
Approval — charter operations without autopilot
Section 98 of the Civil Aviation Act 1988 (the Act) empowers the Governor-General to make regulations.
Subregulation 207 (2) of the Civil Aviation Regulations 1988 (CAR 1988) provides that an Australian aircraft shall not be used in any class of operations unless it is fitted with such instruments and is fitted with or carries such equipment, including emergency equipment, as the Civil Aviation Safety Authority (CASA) approves or directs.
Subregulation 5 (1) of CAR 1988 provides that whenever CASA is empowered by CAR 1988 to give directions or approvals, it may do so in Civil Aviation Orders.
Civil Aviation Order 20.18 sets out instruments and equipment required for Australian aircraft engaged in certain classes of operations, with subsection 4 setting out equipment required for flight under the Instrument Flight Rules (I.F.R.). Under paragraph 4.1A, aeroplanes operating under the I.F.R. and engaged in charter operations must be equipped with an automatic pilot that has the capabilities set out in subparagraphs 4.1A (d), (e) and (f).
CASA considers that smaller aeroplanes engaged in charter operations without passengers need not have an autopilot with those capabilities. The approval permits aeroplanes with a maximum take-off weight below 5 700 kg to operate without complying with paragraph 4.1A when used in cargo only charter operations. The aeroplanes must, in all other respects, comply with section 20.18.
Legislative Instruments Act
Under subparagraph 6 (d) (i) of the Legislative Instruments Act 2003 (the LIA), an instrument is a legislative instrument for section 5 of the LIA if it is declared to be a disallowable instrument under legislation in force before the commencement of the LIA.
Under regulation 5A of CAR 1988, if CASA has issued a direction in the form of a CAO and later issues another direction which has the effect of amending, varying or repealing the CAO, the later instrument is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901. The approval affects the operation of paragraph 4.1A and is a disallowable instrument.
The approval is, therefore, a legislative instrument and it is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LIA.
Consultation
Consultation under section 17 of the LIA has not been undertaken in this case. The instrument is of a minor or machinery nature. The instrument renews a previous instrument (CASA 119/05) which expired at the end of March 2006. The renewal is for only 3 months to allow for the necessary modifications to be carried out. It is beneficial to operators and has been made to ensure the continued operation of an approval which expired at the end of March 2006.
The approval has been issued by a delegate of CASA appointed under regulation 7 of CAR 1988.
The approval comes into effect on 1 April 2006 and stops having effect at the end of 30 June 2006.
[Instrument number CASA 109/06]