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]
Overview
The Civil Aviation Regulations 1988 were enacted to regulate the operation of aircraft in Australia, ensuring safety and efficiency within the aviation industry. This legislation was introduced to address the need for stringent regulations governing the civil aviation sector, particularly in the areas of safety and operational standards. Enacted by the Parliament of Australia, the primary policy objective of these regulations is to safeguard the public by establishing comprehensive standards for the operation and maintenance of aircraft. One specific aspect of these regulations is the exemption process for certain flight instructor ratings, which allows the Civil Aviation Safety Authority (CASA) to provide exemptions from particular regulatory requirements, subject to safety considerations. This regulatory framework is essential in maintaining high safety standards while accommodating specific circumstances that might otherwise impede the progress of qualified aviation professionals.
Scope and Application
The Civil Aviation Regulations 1988 (CAR 1988) provide the framework within which the Civil Aviation Safety Authority (CASA) can exercise its regulatory powers, including the ability to exempt certain aircraft or individuals from specified regulatory provisions. Subregulation 308(1) of CAR 1988 allows CASA to exempt aircraft, or persons involved with the operation of aircraft, from specified regulatory requirements, provided that such exemptions are made with due regard to safety considerations. This exemption mechanism is applicable to individuals seeking a flight instructor (aeroplane) rating, where CASA has determined that granting an exemption will not compromise safety. The exemption applies to the two specific applicants who have met most of the requirements for a grade 2 flight instructor (aeroplane) rating, except for the 6-month duration requirement of holding a grade 3 flight instructor (aeroplane) rating. CASA's decision to exempt these applicants from the 6-month requirement is based on their demonstrated competency and completion of relevant training. This exemption, being a disallowable instrument under subregulation 308(4) of CAR 1988, is also subject to the provisions of the Legislative Instruments Act 2003, which includes the requirement for tabling and potential disallowance in Parliament. This exemption is a minor regulatory action and has not been subject to formal consultation as it does not significantly impact business, competition, or public interest.
Key Provisions
The primary focus of this legislation is the exemption of certain requirements for applicants seeking a flight instructor (aeroplane) rating, under subregulation 308(1) of the Civil Aviation Regulations 1988 (CAR 1988). Specifically, it addresses the exemption from the requirement that an applicant for a grade 2 flight instructor (aeroplane) rating must have held a flight instructor (aeroplane) rating grade 3 for at least six months, as outlined in subparagraph 4.2(a) of Civil Aviation Order 40.1.7 (CAO 40.1.7). This exemption is granted to two specific applicants who have held certificates of validation and completed appropriate training and demonstrated competency as flight instructors for more than six months, which CASA considers adequate for the exemption without compromising safety.
The obligations imposed by this Act primarily pertain to the Civil Aviation Safety Authority (CASA), which must ensure that any exemption granted does not endanger safety. CASA must also take into account any relevant safety considerations before issuing an exemption and may impose specific conditions to maintain safety standards. Additionally, the exemption itself is subject to parliamentary oversight, as it is considered a disallowable instrument under subregulation 308(4) of CAR 1988 and is thus a legislative instrument under the Legislative Instruments Act 2003 (LIA). This means that the exemption must be tabled in Parliament and can be subject to disallowance under sections 38 and 42 of the LIA.
In terms of enforcement and consequences, the Act does not specify any particular offences, penalties, or legal consequences for breaching the conditions of the exemption. However, any failure by CASA to adhere to the safety considerations or parliamentary requirements in issuing the exemption could lead to broader legal or administrative consequences. The exemption is set to remain in effect until the end of March 2010, as per the terms outlined in the legislation.