EXPLANATORY STATEMENT
CIVIL AVIATION REGULATIONS 1988
CIVIL AVIATION ORDERS
REVOCATION AND REPLACEMENT OF SECTION 20.16.2
AIR SERVICE OPERATIONS — CARRIAGE OF CARGO
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 20.16.2 of the Civil Aviation Orders contained general directions relating to the carriage of cargo. These directions related to the proper stowage and restraint of cargo and the places where cargo could be carried.
This Order revokes and remakes section 20.16.2. 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 However, the opportunity has been taken to update outdated references to legislation in the Order and to introduce gender-neutral wording into the Order.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. R16) 2004]
Overview
The Civil Aviation Amendment Order (No. R16) 2004 was enacted to ensure the Civil Aviation Orders align with the technical requirements of the Legislative Instruments Act 2003, which came into effect on 1 January 2005. This amendment addresses the need to update and modernise the regulatory framework governing civil aviation in Australia. The Order revokes and remakes section 20.16.2 of the Civil Aviation Orders, which pertains to the carriage of cargo, ensuring that safety directives are consistent with the new legislative requirements. It was issued by the Director of Aviation Safety under subsection 84A(2) of the Civil Aviation Act 1988 and came into effect upon gazettal. The remake does not alter existing laws or policies but rather ensures compliance and consistency with the Legislative Instruments Act 2003. Additionally, the Order updates outdated references and incorporates gender-neutral language. The Office of Regulation Review determined that a Regulation Impact Statement was unnecessary due to the minor nature of the changes.
Scope and Application
The Civil Aviation Orders, specifically in relation to air service operations and the carriage of cargo, apply to all entities and individuals involved in the loading and transportation of cargo on aircraft within Australia. This includes airlines, freight companies, and other aviation-related businesses that handle cargo, as well as the Civil Aviation Safety Authority (CASA) which regulates and provides directions for safe carriage of cargo. The Order is national in scope, applying across all states and territories of Australia as it pertains to civil aviation activities. The Order does not introduce any changes to existing law or policy but is a technical revision to ensure compliance with the Legislative Instruments Act 2003, which came into effect on 1 January 2005. The remake of section 20.16.2 in the Civil Aviation Orders involves updating outdated references to legislation and introducing gender-neutral wording. The application and enforcement of these regulations can be extended or specified through subordinate instruments issued by the Director of Aviation Safety under the Civil Aviation Act 1988.
Key Provisions
The Civil Aviation Regulations 1988 (CAR 1988) under subregulation 235(7) authorise the Civil Aviation Safety Authority (CASA) to issue directives concerning the safe loading of persons, goods, and fuel onto aircraft. Section 20.16.2 of the Civil Aviation Orders originally contained general directions for cargo carriage, including stowage, restraint, and permissible locations for cargo. This Order revokes and remakes section 20.16.2 to ensure alignment with the Legislative Instruments Act 2003, which comes into effect on 1 January 2005. The changes in the Order are procedural and do not alter existing law or policy. Instead, they focus on updating outdated references and incorporating gender-neutral language. This remaking is considered minor and machinery in nature, hence the Office of Regulation Review determined that a Regulation Impact Statement was unnecessary.
The obligations imposed by this Order primarily pertain to ensuring that cargo handling practices comply with the updated Civil Aviation Orders. This includes adhering to the directions for the proper stowage and restraint of cargo, as well as following guidelines on where cargo can be carried on an aircraft. These obligations are essential for maintaining air navigation safety, as stipulated by subregulation 235(7) of CAR 1988. Operators must ensure that their procedures and practices align with the revised section 20.16.2 to avoid any non-compliance issues.
Breaches of the Civil Aviation Orders, including the updated section 20.16.2, can result in various consequences. While specific penalties are not detailed in the Order, non-compliance with Civil Aviation Regulations can lead to enforcement actions by CASA. These actions may include fines, directives to rectify non-compliance, or in severe cases, the suspension or revocation of air operator certificates. The potential for civil or criminal liability also exists, depending on the nature and severity of the breach. It is crucial for operators to be aware of and adhere to the requirements to avoid these consequences.