Civil Aviation Amendment Order (No. R18) 2004 - Civil Aviation Order 20.17 - Air service operations - Use of military aerodromes by civil aircraft (02/12/2004)

Overview

The Civil Aviation Amendment Order (No. R18) 2004, which revokes and replaces section 20.17 of the Civil Aviation Orders, was enacted to address the need for compliance and consistency with the Legislative Instruments Act 2003. This Order ensures that the Civil Aviation Orders meet the technical requirements of the new legislation when it comes into effect on 1 January 2005. The changes are not intended to alter existing law or policy but to update outdated references and introduce gender-neutral language. Issued by the Director of Aviation Safety under the Civil Aviation Act 1988, the Order aims to maintain the regulatory framework governing the use of military aerodromes by civil aircraft while ensuring adherence to legislative standards. The Order came into effect upon gazettal, with the Office of Regulation Review determining that a Regulation Impact Statement was not necessary due to the minor and machinery nature of the changes.

Scope and Application

The Civil Aviation Orders, as amended by the Civil Aviation Amendment Order (No. R18) 2004, primarily pertain to entities and individuals involved in civil aviation operations in Australia, specifically those concerned with the safety and regulation of air navigation and the use of military aerodromes by civil aircraft. This includes airlines, pilots, air traffic controllers, and other aviation stakeholders. The scope of this regulation is national, applying across all states and territories in Australia. The Order is designed to ensure that civil aircraft can safely operate at military aerodromes, governed by the Civil Aviation Safety Authority (CASA) under subregulation 92(2) of the Civil Aviation Regulations 1988 (CAR 1988). This Order ensures the conditions, rules, and instructions governing such use are clear and up to date. It is worth noting that this Order does not introduce any changes to existing law or policy; its primary purpose is to ensure compliance with the Legislative Instruments Act 2003, which came into effect on 1 January 2005. Additionally, this Order addresses outdated references to legislation and introduces gender-neutral wording to maintain contemporary legislative standards.

Key Provisions

The Civil Aviation Amendment Order (No. R18) 2004 revokes and remakes section 20.17 of the Civil Aviation Orders, which governs the use of military aerodromes by civil aircraft. The order, which came into effect upon gazettal, is designed to ensure compliance with the Legislative Instruments Act 2003, which was set to come into effect on 1 January 2005. This revision maintains the existing legal framework but updates outdated references and incorporates gender-neutral language. Importantly, the Office of Regulation Review determined that a Regulation Impact Statement was unnecessary as this revision is of a minor, machinery nature and does not introduce substantive changes in policy or law. The obligations under this order primarily fall on the Civil Aviation Safety Authority (CASA), which retains its authority to issue safety directions related to the use of military aerodromes by civil aircraft under subregulation 92(2) of the Civil Aviation Regulations 1988 (CAR 1988). The new section 20.17 of the Civil Aviation Orders clarifies and updates the conditions and rules for such use, ensuring they remain current and consistent with legislative requirements. CASA must ensure that any directions issued comply with these updated provisions and are communicated effectively to all relevant parties, including military and civilian air operators. There are no specific offences, penalties, or consequences for breach outlined in the order itself. However, any failure to comply with the directions issued by CASA under subregulation 92(2) of CAR 1988 could potentially lead to enforcement actions under the broader Civil Aviation Act 1988. This might include administrative penalties, enforcement notices, or other regulatory measures. The specific consequences would depend on the nature and severity of the non-compliance, as well as any subsequent actions taken by CASA. It is important to note that while the order itself does not specify penalties, existing civil and criminal penalties under the Civil Aviation Act 1988 remain applicable.