EXPLANATORY STATEMENT
CIVIL AVIATION REGULATIONS 1988
EXEMPTION FROM SUPERVISION BY APPROVED AGRICULTURAL (AEROPLANE) PILOT
Under subregulation 308 (1) of the Civil Aviation Regulations 1988 (CAR 1988), CASA may, among other things, exempt a person from compliance with specified provisions of the CAR 1988. Under subregulation 308 (4), the exemption is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.
Under regulation 5.18 of CAR 1988, CASA may give directions in Civil Aviation Orders setting out various matters relating to flight crew ratings. Paragraph 7.2 (1) of Civil Aviation Order 40.6 is a direction for regulation 5.18. It provides that, after the initial issue of an agricultural pilot (aeroplane) rating grade 2, a pilot must remain under the supervision of an approved agricultural (aeroplane) pilot for at least 110 hours flight time logged on agricultural operations.
A pilot, Kelly Hamblin, was under supervision for 230 hours flight time. She and her supervisor both believed that the supervisor was an approved agricultural (aeroplane) pilot. However, later examination showed this was not so. Ms Hamblin’s competency to met the standards, that paragraph 7.2 (1) seeks to ensure, has been assessed. She has been assessed as competent to fly as an agricultural pilot (aeroplane) without supervision.
In the circumstances, the exemption exempts Ms Hamblin from the requirement mentioned. The exemption came into effect on the day after it was registered.
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 exemption 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 under section 17 of the LIA has not been undertaken in this case. The decision to make the instrument has been made after considering the interests of aviation safety in the circumstances of the case.
The exemption has been issued by the Deputy Chief Executive and Chief Operating Officer, a delegate of CASA, in accordance with subregulation 7 (1) of CAR 1988.
[Exemption number CASA EX45/05]
Overview
The Civil Aviation Regulations 1988 (CAR 1988) were enacted to provide comprehensive regulation of civil aviation in Australia, including flight crew ratings and operational standards. A specific issue arose concerning the exemption of Ms. Kelly Hamblin from the requirement to remain under supervision by an approved agricultural (aeroplane) pilot for a certain number of logged flight hours on agricultural operations. Although Ms. Hamblin was supervised for the required 230 hours, it was subsequently discovered that her supervisor was not an approved agricultural (aeroplane) pilot. After being assessed and found competent, Ms. Hamblin was granted an exemption from the supervision requirement. This exemption, issued by the Deputy Chief Executive and Chief Operating Officer of the Civil Aviation Safety Authority (CASA), was made under the authority granted by subregulation 308(1) of the CAR 1988 and was subject to tabling and disallowance in the Parliament as a legislative instrument under the Legislative Instruments Act 2003.
Scope and Application
The Civil Aviation Regulations 1988 (CAR 1988) apply to a wide range of persons and entities involved in civil aviation, including pilots, aircraft operators, and maintenance personnel, among others. This regulation specifically pertains to the exemption of certain individuals from compliance with specified provisions of the CAR 1988, as authorised under subregulation 308(1). In this particular case, the exemption applies to Kelly Hamblin, a pilot who has been assessed as competent to fly as an agricultural pilot (aeroplane) without the supervision of an approved agricultural (aeroplane) pilot, contrary to the requirement outlined in paragraph 7.2(1) of Civil Aviation Order 40.6. The exemption is a legislative instrument under subparagraph 6(d)(i) of the Legislative Instruments Act 2003 and is subject to tabling and disallowance in the Parliament. While consultation under section 17 of the Legislative Instruments Act 2003 was not undertaken in this instance, the decision to issue the exemption was made after careful consideration of aviation safety interests. The exemption was issued by the Deputy Chief Executive and Chief Operating Officer of the Civil Aviation Safety Authority (CASA), a delegate of CASA, in accordance with subregulation 7(1) of CAR 1988.
Key Provisions
The main provisions of this legislative instrument (CASA EX45/05) concern an exemption from supervision requirements for an agricultural (aeroplane) pilot. Under subregulation 308(1) of the Civil Aviation Regulations 1988 (CAR 1988), the Civil Aviation Safety Authority (CASA) can exempt a person from complying with specific provisions of the CAR 1988. This particular exemption is for Kelly Hamblin, who has been assessed as competent to fly as an agricultural (aeroplane) pilot without supervision despite a previous misunderstanding about her supervisor’s approval status.
The obligations imposed by this Act on the parties concerned are primarily focused on ensuring that the exemption aligns with aviation safety standards. Kelly Hamblin, the pilot in question, must adhere to the conditions of the exemption as outlined by CASA. CASA, in turn, has issued this exemption after assessing Ms Hamblin's competency and considering the interests of aviation safety. This exemption allows Ms Hamblin to operate as an agricultural (aeroplane) pilot without the need for supervision, provided she continues to meet the standards required by the CAR 1988.
The legislation also outlines the consequences for breaches of the regulations. The exemption is a disallowable instrument under section 46A of the Acts Interpretation Act 1901, meaning it can be reviewed and potentially disallowed by Parliament. Additionally, the exemption is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the Legislative Instruments Act 2003 (LIA). Although consultation under section 17 of the LIA has not been undertaken in this case, the decision to issue the exemption was made after careful consideration of aviation safety interests. The instrument was issued by the Deputy Chief Executive and Chief Operating Officer of CASA, who is a delegate of CASA, in accordance with subregulation 7(1) of CAR 1988. Failure to comply with the conditions of the exemption could result in further regulatory action and potential penalties for non-compliance with civil aviation safety standards.