Explanatory Statement
Civil Aviation Safety Regulations 1998
Prescription of aircraft and rating — Agusta Westland AW169
Legislation
Section 98 of the Civil Aviation Act 1988 (the Act) empowers the Governor-General to make regulations for the Act and the safety of air navigation. Under paragraph 98 (5A) (a), the regulations may empower CASA to issue instruments in relation to matters affecting the safe navigation and operation, or the maintenance, of aircraft.
Under paragraph 61.060 (1) (a) of the Civil Aviation Safety Regulations 1998 (CASR 1998), for paragraph 98 (5A) (a) of the Act, CASA may, by legislative instrument, prescribe, for a type of aircraft that is certificated for single-pilot operation, whether a single-pilot type rating is required.
Under subparagraph 61.060 (1) (b) (i) of CASR 1998, for paragraph 98 (5A) (a) of the Act, CASA may, by legislative instrument, prescribe for aircraft for which single-pilot type ratings are required, the type ratings that may be granted for single-pilot operation.
Background
CASA has issued an instrument entitled Prescription of aircraft and ratings — CASR Part 61 (Edition 1). Amongst other things, the instrument prescribes aircraft and ratings for paragraph 61.060 (1) (a) and subparagraph 61.060 (1) (b) (i) of CASR 1998.
The Agusta Westland AW169 helicopter is being introduced to the Australian civil register for the first time.
The Agusta Westland AW169 is a type of multi-engine helicopter that is certificated for single-pilot operation. All multi-engine helicopters are prescribed with type ratings as there is no multi-engine helicopter class rating. However, the Agusta Westland AW169 aircraft type is not included in the Prescription of aircraft and ratings — CASR Part 61 (Edition 1).
Instrument
The instrument prescribes that a single-pilot type rating is required for the Agusta Westland AW169 helicopter type and that the AW169 type rating may be granted.
Legislative Instruments Act 2003 (the LIA)
Under regulation 61.060 of CASR 1998, the prescription of aircraft types that require a single-pilot type rating and the prescription of the type ratings that may be granted for single-pilot operation must be by legislative instrument.
The instrument is, therefore, a legislative instrument and is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LIA.
Consultation
New type ratings are added so that pilots can be authorised to operate those new types of aircraft. In these circumstances, it is CASA’s view that it is not necessary or appropriate to undertake any consultation under section 17 of the LIA.
Statement of Compatibility with Human Rights
A Statement of Compatibility with Human Rights is at Attachment 1.
Office of Best Practice Regulation (OBPR)
A Regulation Impact Statement (RIS) is not required because the instrument is simply adding 1 aircraft type to the list of aircraft recognised in Australia for pilot type ratings and is covered by a standing agreement between CASA and OBPR under which a RIS is not required for this type of instrument (OBPR id: 14507).
Making and commencement
The exemption has been made by a delegate of CASA, relying on the power of delegation under subregulation 11.260 (1) of CASR 1998.
The exemption commences on the day of registration.
[Instrument number CASA 171/15]
Attachment 1
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011
Prescription of aircraft and rating — Agusta Westland AW169
This legislative instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011.
Overview of the legislative instrument
This legislative instrument prescribes the Agusta Westland AW169 helicopter as a type of aircraft for which a single-pilot type rating is required, and prescribes AW169 as the type rating that may be granted for single-pilot operations.
The purpose of the instrument is to allow CASA to issue a single-pilot type rating on a pilot licence to allow pilots to operate this type of aircraft.
Human rights implications
This legislative instrument does not engage any of the applicable rights or freedoms.
Conclusion
This legislative instrument is compatible with human rights as it does not raise any human rights issues.
Civil Aviation Safety Authority