EXPLANATORY STATEMENT
CIVIL AVIATION REGULATIONS 1988
CIVIL AVIATION ORDERS
REVOCATION AND REPLACEMENT OF SECTION 20.10.1
HOT REFUELLING — TURBINE ENGINE AEROPLANES
ENGAGED IN AERIAL WORK OR PRIVATE OPERATIONS
Subregulation 235 (7) of the Civil Aviation Regulations 1988 (CAR 1988) provides that the Civil Aviation Safety Authority (CASA) may, for the purpose of ensuring the safety of air navigation, give directions with respect to the method of loading persons and goods, including fuel, on aircraft.
Under subregulation 235 (7) of CAR 1988, section 20.10.1 of the Civil Aviation Orders contained directions relating to the refuelling, with their engine or engines running, of turbine engine aeroplanes engaged in aerial work or private operations. The section required the operator to be satisfied that the refuelling can be carried out safely and to include the required procedures in the operations manual. The pilot in command had to ensure that the refuelling was carried out in accordance with the section.
This Order revokes and remakes section 20.10.1. This has been done as part of a scheme to review the Civil Aviation Orders, and, in particular, to ensure that they are in a position to meet the technical requirements of the Legislative Instruments Act 2003 when it comes into effect on 1 January 2005. The remake does not involve any changes in existing law or policy in the Order. The Order is being remade solely for the purpose of ensuring compliance and consistency with the Legislative Instruments Act 2003 when it commences on 1 January 2005. However, the opportunity has been taken to update outdated references to legislation in the Order and to introduce gender-neutral wording into the Order.
The Office of Regulation Review has stated that a Regulation Impact Statement is not necessary because the remake is of a minor or machinery nature.
The Order has been issued by the Director of Aviation Safety in accordance with subsection 84A (2) of the Civil Aviation Act 1988.
The Order came into effect on gazettal.
[Civil Aviation Amendment Order (No. R12) 2004]
Overview
The Civil Aviation Amendment Order (No. R12) 2004, enacted in 2004, revokes and replaces section 20.10.1 of the Civil Aviation Orders under the Civil Aviation Act 1988. This legislative amendment was introduced to ensure the Civil Aviation Orders were compliant with the technical requirements of the Legislative Instruments Act 2003, which commenced on 1 January 2005. The amendment does not alter the existing law or policy but aims to maintain consistency and compliance with the Legislative Instruments Act 2003. Additionally, the Order updates outdated references to legislation and incorporates gender-neutral language. The Director of Aviation Safety issued this Order in accordance with subsection 84A(2) of the Civil Aviation Act 1988, and it came into effect upon gazettal. The Office of Regulation Review determined that a Regulation Impact Statement was unnecessary, given the minor nature of the changes.
Scope and Application
The Civil Aviation Amendment Order (No. R12) 2004 pertains to the Civil Aviation Orders, specifically revoking and replacing section 20.10.1 concerning hot refuelling of turbine engine aeroplanes engaged in aerial work or private operations. This legislative instrument applies to the operators of turbine engine aeroplanes involved in aerial work or private operations and to the pilots in command of such aircraft. The scope of the Order is limited to ensuring safe refuelling practices while the engines are running. Geographically, this regulation operates under the Commonwealth jurisdiction, as it concerns civil aviation and is issued in accordance with the Civil Aviation Act 1988. The Order does not introduce any changes in existing law or policy but is rather a compliance measure to align with the Legislative Instruments Act 2003, which took effect on 1 January 2005. The Office of Regulation Review deemed a Regulation Impact Statement unnecessary due to the minor nature of the changes, which focus on updating outdated references and introducing gender-neutral language. The Order came into effect upon gazettal.
Key Provisions
The key provisions of this Civil Aviation Order involve the revocation and replacement of section 20.10.1 of the Civil Aviation Orders. Specifically, section 20.10.1, which previously contained directions for the refuelling of turbine engine aeroplanes engaged in aerial work or private operations, has been repealed and remade. This change was made to align the Civil Aviation Orders with the technical requirements of the Legislative Instruments Act 2003, which came into effect on 1 January 2005. The revised section, now referred to as section 20.10.1, maintains the same safety requirements as the previous section but incorporates updated references and gender-neutral language.
Operators of turbine engine aeroplanes engaged in aerial work or private operations must ensure that refuelling is conducted safely. This includes satisfying themselves that the refuelling can be carried out without risk and incorporating the necessary procedures into their operations manual. The pilot in command is also responsible for ensuring that refuelling is performed in accordance with the requirements of the Order. The Civil Aviation Safety Authority (CASA) retains the authority to issue directions regarding the loading of persons and goods, including fuel, on aircraft to ensure the safety of air navigation, under subregulation 235(7) of the Civil Aviation Regulations 1988.
The Order imposes specific obligations on operators and pilots. Operators must ensure that refuelling procedures are safe and included in their operations manual. Pilots in command must adhere to these procedures during refuelling. These obligations are crucial for maintaining the safety of aerial operations involving turbine engine aeroplanes. The Authority has the power to issue safety-related directions under subregulation 235(7) of the Civil Aviation Regulations 1988.
There are no specific offences, penalties, or civil/criminal consequences mentioned in this Order. However, non-compliance with the Civil Aviation Orders could potentially result in regulatory action by CASA, including enforcement measures and potential grounding of aircraft if safety is compromised. The Order itself focuses on ensuring compliance with legislative requirements and does not detail penalties but rather underscores the importance of adhering to safety protocols to prevent accidents and ensure the safe operation of aircraft.