CASA 122/07 — Approval under subregulation 207(2)

Overview

The Civil Aviation Regulations 1988 were enacted to provide comprehensive regulation of civil aviation in Australia, addressing gaps in safety, operation standards, and compliance mechanisms. This legislation empowers the Governor-General to make regulations that ensure the safe operation of aircraft in Australian airspace. The Civil Aviation Regulations, including specific approvals and directives, are made to ensure that aircraft comply with safety standards and equipment requirements as mandated by the Civil Aviation Safety Authority (CASA). The approval mentioned in the Explanatory Statement allows certain smaller aeroplanes to operate without an autopilot in cargo charter operations, while still ensuring that they meet other safety and operational standards. This approval is a legislative instrument under the Legislative Instruments Act 2003 and is subject to tabling and disallowance in the Parliament. It is beneficial to operators and renews a previous instrument, ensuring the continued operation of the approval.

Scope and Application

The Civil Aviation Order 20.18 Approval pertains to charter operations of certain Australian aircraft engaged in cargo charter operations without passengers, specifically those with a maximum take-off weight below 5,700 kg. This approval exempts these smaller aeroplanes from the requirement of being equipped with an automatic pilot that has specific capabilities as stipulated under the Instrument Flight Rules, provided they comply with all other equipment requirements set out in CAO 20.18. The approval is made under the authority of the Civil Aviation Safety Authority (CASA) and is applicable to operations conducted under the Civil Aviation Act 1988 and the Civil Aviation Regulations 1988. This regulatory measure ensures that CASA’s approval is subject to the provisions of the Legislative Instruments Act 2003, making it a disallowable instrument that must be tabled and potentially disallowed in the Parliament. Although consultation under the Legislative Instruments Act has not been undertaken due to the minor nature of the instrument, it renews a previous approval (CASA 109/06) which lapsed at the end of June 2006. The current approval is effective from 1 April 2007 until 31 March 2009.

Key Provisions

The Civil Aviation Order (CAO) 20.18 sets out the equipment requirements for Australian aircraft engaged in certain classes of operations, including those operating under the Instrument Flight Rules (IFR). According to subregulation 207(2) of the Civil Aviation Regulations 1988 (CAR 1988), an Australian aircraft must not be used in any class of operations unless it meets the requirements set by the Civil Aviation Safety Authority (CASA). Specifically, paragraph 4.1A of CAO 20.18 mandates that aeroplanes operating under the IFR and engaged in charter operations must be equipped with an automatic pilot that meets specific capabilities. However, under this approval, aeroplanes with a maximum take-off weight below 5,700 kg can operate without complying with paragraph 4.1A if they are used exclusively in cargo charter operations. These aeroplanes must still comply with all other provisions of CAO 20.18. The obligations imposed by this approval require operators of smaller aeroplanes engaged only in cargo charter operations without passengers to ensure that their aircraft comply with all CAO 20.18 requirements, except for the autopilot stipulations in paragraph 4.1A. This includes ensuring the aircraft are fitted with the appropriate instruments and emergency equipment as approved or directed by CASA. Operators must also ensure that any operations are conducted in accordance with the terms of the approval, which allow for the exemption from the autopilot requirement under specific conditions. Failure to comply with the provisions of the Civil Aviation Regulations 1988 and the associated Civil Aviation Orders can lead to serious consequences. Under section 346 of the Civil Aviation Act 1988, an operator who contravenes the Act or any regulations or orders made under it can face civil penalties. The maximum penalty for individuals can be up to $22,200, while for bodies corporate, the penalty can be significantly higher, up to $1,110,000. Additionally, repeated or serious breaches may lead to criminal charges, where individuals can face imprisonment for up to two years and bodies corporate can face penalties of up to $5,550,000. The approval, being a legislative instrument, is also subject to tabling and disallowance in the Parliament under sections 38 and 42 of the Legislative Instruments Act 2003. This legislative approval is categorised as a disallowable instrument under subparagraph 6(d)(i) of the Legislative Instruments Act 2003, as it is a legislative instrument declared under the Civil Aviation Act 1988. The regulation 5A of CAR 1988 states that any subsequent direction by CASA amending or repealing an existing Civil Aviation Order becomes a disallowable instrument under section 46A of the Acts Interpretation Act 1901. As such, the approval must be tabled in Parliament and can be subject to disallowance. However, consultation under section 17 of the LIA was not undertaken because the instrument is considered minor or of a machinery nature. This approval renews a previous instrument (CASA 109/06) that expired at the end of June 2006, aiming to ensure the continued operation of the approval. The approval is issued by a delegate of CASA appointed under regulation 7 of CAR 1988, and it comes into effect on 1 April 2007, ceasing to have effect at the end of 31 March 2009.