Explanatory Statement
Civil Aviation Regulations 1988
Revocation of instruments CASA EX22/07, CASA EX26/07 and CASA 369/07
Legislation
Section 98 of the Civil Aviation Act 1988 empowers the Governor-General to make regulations.
Under subregulation 308 (1) of the Civil Aviation Regulations 1988 (CAR 1988), CASA may exempt an aircraft, or persons associated with the operation of an aircraft, from compliance with specified provisions of CAR 1988.
Under subregulation 308 (3) of CAR 1988, the exemption may be issued subject to such conditions as CASA considers necessary in the interests of safety.
Subregulation 252 (1) of CAR 1988 states that CASA may give directions with respect to the provision in Australian aircraft of such emergency systems and equipment, and such life-saving equipment, as CASA considers necessary to safeguard the aircraft and persons on board the aircraft. The direction has been issued in Civil Aviation Order 20.11 (the Order). The Order has been amended to bring the requirements into line with International Civil Aviation Organization standards and, therefore, the exemptions are no longer required.
Legislative Instruments Act
Subregulation 308 (4) of CAR 1988 declares an exemption to be a disallowable instrument. 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. The revocation 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 because the amendment to the Order has rendered the exemptions no longer necessary.
The instrument commences on the day after it is registered.
The instrument has been made by a delegate of CASA in accordance with subregulation 7 (1) of CAR 1988.
[Instrument number CASA EX10/08]
Overview
The Civil Aviation Regulations 1988, amended through F2008L00245, address the need to update and streamline regulatory exemptions and directions concerning aircraft safety equipment and systems. Enacted by the Governor-General under section 98 of the Civil Aviation Act 1988, the instrument revokes three specific exemptions (CASA EX22/07, CASA EX26/07, and CASA 369/07) that were previously issued by the Civil Aviation Safety Authority (CASA) to allow compliance variations for certain aviation safety requirements. These exemptions have become redundant following amendments to Civil Aviation Order 20.11 that align with International Civil Aviation Organization standards. The revocation is a legislative instrument subject to the Legislative Instruments Act 2003, requiring tabling and potential disallowance in the Parliament. This legislative update ensures that aviation safety regulations remain current and effective, reflecting international standards without the need for continued exemptions.
Scope and Application
The Civil Aviation Regulations 1988, as amended, are the primary instrument governing the safety and efficiency of civil aviation in Australia, covering all aircraft operations, including those of commercial, general, and recreational nature, as well as the personnel involved. The scope of the regulations applies to all aircraft registered in Australia, foreign aircraft operating in Australian airspace, and to Australian operators and personnel wherever they are located. The regulations are enforced by the Civil Aviation Safety Authority (CASA), which has the authority to issue exemptions and directions under the Civil Aviation Act 1988, subject to certain conditions. The revocation of the instruments CASA EX22/07, CASA EX26/07, and CASA 369/07, which previously granted exemptions from compliance with specified provisions of the Civil Aviation Regulations 1988, is due to the alignment of Australian regulations with International Civil Aviation Organization standards. The revocation is a legislative instrument as per the Legislative Instruments Act 2003, and while it is subject to tabling and disallowance in the Parliament, no consultation was required as the amendments have made the exemptions unnecessary. The revocation will come into effect on the day following its registration.
Key Provisions
The main operative sections of this instrument, F2008L00245, involve the revocation of certain exemptions and the amendment of existing Civil Aviation Regulations 1988 (CAR 1988). Specifically, subregulation 308(1) of CAR 1988 is used to permit the Australian Civil Aviation Safety Authority (CASA) to exempt aircraft or associated persons from specified provisions of CAR 1988. However, this power is now being revoked because the amendments to Civil Aviation Order 20.11 (the Order) have aligned the safety requirements with International Civil Aviation Organization standards, making the exemptions unnecessary. Subregulation 308(4) of CAR 1988 declares these exemptions as disallowable instruments under the Legislative Instruments Act 2003 (LIA), and therefore, the revocation of these exemptions is also subject to parliamentary disallowance.
This legislation imposes several obligations and requirements on CASA and potentially affected parties. CASA must ensure that any exemptions granted under subregulation 308(1) of CAR 1988 are no longer necessary following the amendment to the Order, which now incorporates the required safety standards. The authority to grant such exemptions is thus revoked. Additionally, the revocation itself must be tabled in Parliament and could be subject to disallowance under sections 38 and 42 of the LIA. Parties previously granted exemptions must now comply with the updated provisions of CAR 1988 and the Order, ensuring their aircraft and operations meet the safety standards as per the new international standards.
In terms of consequences, the breach of the provisions in CAR 1988 and the Order, post the revocation of exemptions, could lead to significant penalties. Although the specific penalties for non-compliance are not detailed in this instrument, the Civil Aviation Act 1988 generally provides for fines and imprisonment for serious violations of aviation safety regulations. The maximum penalties can vary, but they typically include fines up to several thousand dollars and imprisonment for periods ranging from a few months to several years, depending on the severity of the breach and the risk posed to public safety.
Additionally, the revocation of exemptions and the necessity for compliance with updated safety standards could result in civil liabilities for operators found in breach of the amended regulations. This may include financial penalties, operational restrictions, or even the grounding of non-compliant aircraft. The updated safety requirements aim to ensure that all aviation activities in Australia align with international safety standards, thereby protecting passengers and crew, and maintaining the integrity of the national aviation system.