Explanatory Statement
Civil Aviation Safety Regulations 1998
Approval — for Approved Training Pilot approval holders under CAO 29.10 to conduct flight training for a low-level rating, low-level endorsement and mustering endorsement
Legislation
Subsection 98 (1) of the Civil Aviation Act 1988 (the Act) provides that the Governor-General may make regulations for the Act and the safety of air navigation. Subsection 98 (5A) of the Act provides that the regulations may empower CASA to issue instruments in relation to matters affecting the safe navigation and operation of aircraft.
Part 141 of the Civil Aviation Safety Regulations 1998 (CASR 1998) deals with the licensing scheme for pilots and flight engineers of registered aircraft, including flight testing and training.
Under regulation 141.050 a person commits an offence if the person conducts Part 141 flight training and does not hold a Part 141 certificate or an approval under regulation 141.035 to conduct training.
Subregulation 141.035 (1) states that if a provision of Part 141 refers to a person holding an approval under this regulation, the person may apply to CASA, in writing, for the approval. Subregulation 141.035 (2) states that, subject to regulation 11.055, CASA must grant the approval.
Subsection 12 of Civil Aviation Order 29.10 (CAO 29.10) provided for the approval of a person as an approved training pilot if he or she was competent to conduct the training of other pilots to gain competency in aerial stock mustering.
Approved training pilots were able to grant certificates of competency to pilots who satisfactorily completed that training.
Immediately after the commencement of Part 61 of CASR 1998 on 1 September 2014, CAO 29.10 was amended so that approved training pilots were no longer able to conduct training or award certificates of competency. However, transitional provisions were included in CASR 1998 as regulations 202.261 and 202.263 so that approvals granted to training pilots remained in force.
This approval under regulation 141.035 of CASR 1998 gives the holders of those approvals the right to conduct flight training for endorsements and ratings equivalent to the training that they were entitled to conduct under subsection 12 of CAO 29.10, being training leading to the grant of low‑level ratings, low-level endorsements and aerial mustering endorsements.
The approval is subject to conditions under regulation 11.056 of CASR 1998. Among these conditions, when conducting authorised Part 141 flight training, an approved person must comply with at least the relevant syllabus of training described in Appendix 1 of CAO 29.10, as in force at the commencement of Part 61 of CASR 1998.
An approved training pilot must retain records of each person’s flight training for not less than 7 years.
The conditions also enable the holder of an expired training approval to continue to exercise his or her powers under the regulation 141.035 instrument of approval, subject to successful completion of an instructor rating proficiency check.
Legislative Instruments Act
Under paragraph 98 (5A) (a) of the Act, CASA may issue instruments, including approvals, in relation to a matter that affects the safe navigation and operation of aircraft. For section 98 (5AA) of the Act, an instrument issued under paragraph 98 (5A) (a) is a legislative instrument if the instrument is expressed to apply to a class of persons. This instrument of approval applies to any person who held an approved training pilot approval under subsection 12 of CAO 29.10. As a legislative instrument, it is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the Legislative Instruments Act 2003 (the LIA).
Consultation
CASA has received feedback from industry on the operation of the new Part 61 provisions and their effect on the Part 141 training requirements. CASA considers that it is appropriate, with adequate safeguards in the conditions, to issue this approval under regulation 141.035 so that the approved training pilots can continue to perform functions equivalent to those they performed under CAO 29.10. It is CASA’s view that it is not necessary or appropriate to undertake any further consultation under section 17 of the LIA.
Statement of Compatibility with Human Rights
A Statement of Compatibility with Human Rights is at Attachment 1.
Making and commencement
The approval has been issued by a delegate of CASA duly appointed under regulation 11.260 of CASR 1998.
The instrument commences on the day of registration and expires at the end of August 2017, as if it had been repealed by another instrument.
[Instrument number CASA 290/14]
Attachment 1
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011
Approval — for Approved Training Pilot approval holders under CAO 29.10 to conduct flight training for a low-level rating, low-level endorsement and mustering endorsement
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
The legislative instrument approves holders of training pilot approvals under Civil Aviation Order 29.10, as in force immediately before 1 September 2014, to conduct equivalent flight training for low-level ratings, low-level endorsements and mustering endorsements as mentioned in Table 61.1235 of the Civil Aviation Safety Regulations 1998.
The approval is subject to conditions imposed by CASA in the interest of air safety but recognises existing qualifications.
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