Explanatory Statement
Civil Aviation Regulations 1988
Exemption — S-211 aircraft endorsement for Willie Swee Lim Chew
Legislation
Subsection 98 (1) of the Civil Aviation Act 1988 (the Act) provides that the Governor-General may make regulations for the Act and in the interests of the safety of air navigation.
Subregulation 308 (1) of the Civil Aviation Regulations 1988 (CAR 1988) provides that CASA may exempt aircraft, or persons in, on, or otherwise associated with the operation of, the aircraft, from compliance with specified provisions of CAR 1988. Subregulation 308 (2) provides that before making an exemption, CASA must take into account any relevant considerations relating to the interests of safety. Subregulation 308 (3) provides that CASA may make an exemption subject to conditions specified in the exemption as being necessary in the interests of safety.
Regulation 5.22 of CAR 1988 provides that CASA may give directions in Civil Aviation Orders (the Orders) prescribing the aircraft endorsements that must be held by holders of flight crew licences.
Regulation 5.23 of CAR 1988 provides that CASA may give directions in the Orders setting out requirements for the issue of aircraft endorsements.
Civil Aviation Order 40.1.0 (CAO 40.1.0) sets out directions relating to the prescription of endorsements and the requirements for the issue of endorsements. Appendix 1A, Part 1A, prescribes the class endorsements for aeroplanes. The S-211 aircraft is listed in Part 1A of Appendix 1A. Subparagraph 7.1 of the CAO 40.1.0 sets out the requirements for the issue of a class endorsement specified in Appendix 1A, Part 1A. There are no provisions in CAO 40.1.0 for any Australian pilot to obtain an S-211 class endorsement.
Willie Swee Lim Chew (the applicant) is a qualified instructor and has extensive experience flying the S-211 aircraft in the Republic of Singapore Air Force. There are no available pilots qualified to conduct the training for the issue of an S-211 class endorsement.
The applicant has shown extensive evidence of being competent to operate the S-211 aircraft commensurate with the requirements in CAO 40.1.0.
An exemption against the requirement to satisfy the requirements in CAO 40.1.0 is being made so the applicant can be issued with the S-211 class endorsement. CASA does not consider that safety would be compromised if the exemption is issued.
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 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
Consultation under section 17 of the LIA has not been undertaken in this case. It is for a short period and does not have a direct, or a substantial indirect, effect on business, does not restrict competition and is of a minor nature.
The instrument commences on the day after it is registered and stops having effect at the end of 31 December 2010.
The exemption has been made by the Director of Aviation Safety, on behalf of CASA, in accordance with subsection 73 (2) of the Act.
[Instrument number CASA EX83/10]