Explanatory Statement
Civil Aviation Regulations 1988
Exemption — flight instructor (aeroplane) rating
Subsection 98 (1) of the Civil Aviation Act 1988 (the Act) provides that the Governor-General may make regulations for the purposes of 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 5.14 of CAR 1988 provides that CASA may give directions in Civil Aviation Orders (the Orders) setting out the requirements for the issue and renewal of flight crew ratings.
Regulation 5.16 of CAR 1988 provides that CASA may issue or renew a flight crew rating subject to conditions.
Regulation 5.18 of CAR 1988 provides that CASA may give directions in the Orders setting out the authority that is given by a flight crew rating, the limitations on that authority and the flight tests that must be passed before that authority is exercised.
Civil Aviation Order 40.1.7 (CAO 40.1.7) sets out directions relating to the issue and renewal of flight instructor (aeroplane) ratings. It also contains conditions relating to the duration of a rating and to its renewal, as well as details of the minimum aeronautical proficiency and experience required.
Subparagraph 4.2 (a) of CAO 40.1.7 requires that an applicant for a grade 2 flight instructor (aeroplane) rating must hold, or have held, a flight instructor (aeroplane) rating grade 3 for at least 6 months. Two applicants have held certificates of validation for some time. They have completed an appropriate flight instructor rating training course. They have also demonstrated competency as a flight instructor for a period in excess of 6 months. An exemption against this requirement is being made so the applicants can be issued with the grade of rating. CASA does not consider that safety would be compromised if the exemption is issued.
Legislative instrument
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. The exemption 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 March 2010.
The exemption has been made by a delegate of CASA, under subregulation 7 (1) of CAR 1988.
[Instrument number CASA EX92/09]