EXPLANATORY STATEMENT
CIVIL AVIATION REGULATIONS 1988
CIVIL AVIATION ORDERS
AMENDMENT OF SECTION 40.3.0
AIRCRAFT ENDORSEMENTS — HELICOPTERS
Subregulation 5.22 (1) of the Civil Aviation Regulations 1988 (CAR 1988) provides that the Civil Aviation Safety Authority (CASA) may give directions in Civil Aviation Orders (the Orders) prescribing the aircraft endorsements that must be held by a licence holder before the holder is permitted to carry out the duties authorised by the licence in a particular type or class of aircraft.
Subregulation 5.22 (2) of CAR 1988 provides that CASA may give directions in the Orders setting out the requirements for the issue of aircraft endorsements.
Subregulation 5.23 (1) of CAR 1988 provides that CASA may give directions in the Orders setting out requirements for the issue of aircraft endorsements.
Section 40.3.0 of the Orders prescribes aircraft endorsements for helicopters, classifies types of helicopters into classes and sets out the requirements for the issue of aircraft endorsements for helicopters.
In December, Civil Aviation Amendment Order (No. R37) 2004 revoked and remade Section 40.3.0 to facilitate compliance with the Legislative Instruments Act 2003. It has since been discovered that the remake omitted a series of amendments that had previously been issued and had come into effect. This Order amends Section 40.3.0 to include those amendments. Details are as follows.
Paragraph 8.3 applies to both winching and rappelling operations. A reference to rappelling is restored to make clear the two types of operation to which it applies.
Appendix II is amended to restore preferred descriptions of the two categories of helicopter for which flying training requirements are set out, being helicopters type certificated in a category other than the transport category and helicopters type certificated in the transport category.
Appendixes IV and V are replaced. The new Appendixes also refer to the two categories of helicopter now used in Appendix II. The new Appendixes also contain descriptions of helicopter classes, types and models as they were immediately before the remaking. When the section was remade some out of date descriptions were included and new descriptions omitted.
Consultation under section 17 of the Legislative Instruments Act 2003 has not been undertaken. The sole purpose of the amendments is to restore section 40.3.0 to what it was before the unintended changes. The Office of Regulation Review had previously classified the restored amendments as being of a machinery of government nature.
The instrument has been lodged for registration under section 25 of the Legislative Instruments Act 2003 together with a copy of this explanatory statement.
The Order has been made by the Director of Aviation Safety in accordance with subsection 84A(2) of the Act.
[Civil Aviation Amendment Order (No. 2) 2005]
Overview
The Civil Aviation Amendment Order (No. 2) 2005 amends Section 40.3.0 of the Civil Aviation Orders, which pertains to aircraft endorsements for helicopters, to correct errors that were introduced when the section was revoked and remade in December 2004. This action was taken to ensure compliance with the Legislative Instruments Act 2003, but inadvertently omitted several amendments that had previously been issued and had come into effect. The primary objective of this Order is to restore the omitted amendments, clarifying the application of paragraph 8.3 to both winching and rappelling operations and rectifying the descriptions of helicopter categories in Appendices II, IV, and V. This legislative amendment ensures that the Civil Aviation Orders accurately reflect the intended regulatory requirements for helicopter endorsements.
The amendments were made by the Director of Aviation Safety under subsection 84A(2) of the Civil Aviation Act 1988 and have been lodged for registration under section 25 of the Legislative Instruments Act 2003. The changes were implemented without prior consultation as they pertain to a machinery of government nature, aiming to rectify the oversight from the initial remaking of Section 40.3.0.
Scope and Application
The Civil Aviation Amendment Order (No. 2) 2005 amends Section 40.3.0 of the Civil Aviation Orders, which pertains to aircraft endorsements for helicopters. This amendment applies to individuals and entities holding licences that authorise them to operate helicopters, ensuring they comply with the specific requirements for aircraft endorsements. These endorsements are necessary for licence holders to perform duties in particular types or classes of helicopters, as dictated by the Civil Aviation Safety Authority (CASA) under the Civil Aviation Regulations 1988 (CAR 1988). The amendment rectifies omissions from the December 2004 remaking of Section 40.3.0, restoring previously issued amendments that were inadvertently omitted. These include clarifications on the application of paragraph 8.3 to both winching and rappelling operations and the reinstatement of references to rappelling operations. Furthermore, the amendment restores the preferred descriptions of helicopter categories in Appendix II and replaces Appendixes IV and V with updated descriptions of helicopter classes, types, and models, rectifying inaccuracies introduced during the remaking process. This legislative change is confined to the national jurisdiction of Australia, with its application overseen by CASA, ensuring that all helicopter operations across the country adhere to the specified safety and operational standards.
Key Provisions
The Civil Aviation Regulations 1988 (CAR 1988) and Civil Aviation Orders (the Orders) govern the requirements for aircraft endorsements, particularly for helicopters. Under subregulation 5.22(1) of CAR 1988, the Civil Aviation Safety Authority (CASA) can issue directions in the Orders that specify the endorsements needed by licence holders to operate specific types or classes of aircraft. Subregulation 5.22(2) and subregulation 5.23(1) of CAR 1988 further allow CASA to set out the requirements for the issuance of these endorsements. Section 40.3.0 of the Orders originally detailed these endorsements for helicopters, classifying helicopters into categories and classes and outlining the requirements for endorsements.
The obligations imposed by this legislation on licence holders and CASA are clear. Licence holders must ensure they have the appropriate endorsements as specified in the Orders for the types of helicopters they intend to operate. CASA, on the other hand, is responsible for issuing these endorsements and must adhere to the criteria set out in the Orders. The Orders were recently amended by the Civil Aviation Amendment Order (No. 2) 2005 to correct omissions and restore previous amendments that were inadvertently omitted during a remaking process in December 2004. This amendment ensures that Section 40.3.0 now accurately reflects the original requirements for helicopter endorsements, including specific references to operations such as winching and rappelling, and the correct classifications of helicopter categories and classes.
Failure to comply with the requirements set out in the Orders can result in civil or criminal consequences. While the specific penalties for non-compliance with the Civil Aviation Regulations and Orders are not detailed in the provided text, violations of aviation safety regulations generally can result in severe penalties. These can include fines, imprisonment, or both, depending on the nature and severity of the breach. CASA has the authority to enforce these regulations and can take appropriate action against individuals or entities that fail to comply with the requirements for aircraft endorsements.
In summary, the key provisions of this legislation require licence holders to possess the appropriate endorsements for operating helicopters as specified in the Orders. CASA is responsible for issuing these endorsements and must ensure that the Orders accurately reflect the necessary requirements. The recent amendments aim to correct previous oversights and restore the original, correct provisions. Non-compliance can lead to significant penalties, underscoring the importance of adhering to these regulations.