EXPLANATORY STATEMENT
CIVIL AVIATION REGULATIONS 1988
CIVIL AVIATION ORDERS
AMENDMENT OF SECTION 40.3.0
AIRCRAFT ENDORSEMENTS — HELICOPTERS
Section 98 of the Civil Aviation Act 1988 (the Act) empowers the Governor-General to make regulations for the purposes of the Act and in the interests of the safety of air navigation.
Subregulation 5.22 (1) of the Civil Aviation Regulations 1988 (CAR 1988) provides that CASA may give directions in Civil Aviation Orders (the CAOs) 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 CAOs classifying types of helicopters into classes.
Subregulation 5.23 (1) of CAR 1988 provides that CASA may give directions in the CAOs setting out requirements for the issue of aircraft endorsements.
Section 40.3.0 of the CAOs prescribes aircraft endorsements for helicopters, classifies types of helicopters into classes and sets out the requirements for the issue of aircraft endorsements for helicopters.
Paragraph 3.1 of section 40.3.0 of the CAOs provides that an endorsement mentioned in column 1 of Part 2 of Appendix IV authorises the holder to fly the type of helicopter mentioned in column 2 of that Part. Part 2 of Appendix IV deals with multi-engine helicopters certificated in a category other than the transport category.
The Order amends Part 2 of Appendix IV of section 40.3.0 to add a new endorsement in respect of Bell 427 type helicopters.
Paragraphs 3.3 and 3A.3 of section 40.3.0 of the CAOs provide, respectively, that a command endorsement for a type or class of helicopter mentioned in column 2 of Part 1 of Appendix VII authorises the person to fly the helicopter type mentioned in column 3 as pilot in command (or co-pilot) if the person also holds an endorsement for an Allison C250 powered helicopter. Part 1 of Appendix VII of section 40.3.0 also restates this authorisation.
The Order amends paragraphs 3.3 and 3A.3, and Part 1 of Appendix VII of section 40.3.0 of the CAOs to provide that holding an endorsement for a Rolls Royce powered helicopter will also have this effect. The Order merely reflects a change in the name of an aircraft engine manufacturer.
Legislative Instruments Act
Under subsection 98 (5) of the Act, where the regulations provide for certain instruments to be issued in the form of CAOs, such CAOs are declared to be disallowable instruments. 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 Order 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 because the Order merely adds a new helicopter type and related endorsement to the CAO and reflects a change in the name of an aircraft engine manufacturer.
As the Order is of a minor nature the Office of Regulation Review does not require a Regulation Impact Statement.
The instrument commences on the day after it is registered on the Federal Register of Legislative Instruments.
The CAO has been made by the Director of Aviation Safety, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
[Civil Aviation Amendment Order (No. 5) 2005]