Overview

The Civil Aviation Amendment Order (No. R27) 2004 was introduced to address the need for the Civil Aviation Orders to comply with the technical requirements of the Legislative Instruments Act 2003, which was set to take effect on 1 January 2005. This amendment specifically revokes and remakes section 29.8 of the Civil Aviation Orders, which pertains to ferry flights of aeroplanes with one engine inoperative, without altering the existing legal or policy framework. The primary objective of this legislative adjustment is to ensure that the Civil Aviation Orders remain consistent and compliant with the legislative standards established by the Legislative Instruments Act 2003. Additionally, the Order updates outdated references and incorporates gender-neutral language to reflect contemporary standards. The Director of Aviation Safety issued this Order under the authority granted by subsection 84A(2) of the Civil Aviation Act 1988, and it became effective upon gazettal.

Scope and Application

The Civil Aviation Amendment Order (No. R27) 2004 serves to revoke and remake section 29.8 of the Civil Aviation Orders, which pertains to ferry flights of aeroplanes with one engine inoperative. This Order applies to all parties involved in civil aviation operations in Australia, including aircraft operators, pilots, and the Civil Aviation Safety Authority (CASA). The geographic and jurisdictional reach of the Order is national, affecting all civil aviation activities within Australian territory. The Order ensures compliance with the Legislative Instruments Act 2003 and updates outdated references and wording within the Civil Aviation Orders to maintain consistency and gender neutrality. Notably, the Order does not introduce any changes in existing law or policy but rather serves to update the legal framework to meet modern legislative standards. Subordinate instruments may extend or restrict the application of the Order, although the current Order itself is a direct amendment to ensure alignment with statutory requirements and does not rely on additional legislative instruments for its enforcement.

Key Provisions

The Civil Aviation Amendment Order (No. R27) 2004, which amends the Civil Aviation Orders, revokes and replaces section 29.8 concerning ferry flights of aeroplanes with one engine inoperative. This change is part of a broader review to ensure compliance with the Legislative Instruments Act 2003. The Civil Aviation Safety Authority (CASA) retains the authority to approve defects or damages in Australian aircraft, subject to conditions deemed necessary for air navigation safety, under section 37(1) and (2) of the Civil Aviation Regulations 1988 (CAR 1988). The Order does not alter existing law or policy; it merely updates references and introduces gender-neutral language. The revised section 29.8 imposes certain obligations on the entities conducting ferry flights of multi-engine aeroplanes, particularly those with one engine inoperative. These obligations include adherence to minimum performance standards, consideration of meteorological conditions, and strategic flight planning to minimise interference with air traffic. These conditions are crucial for ensuring the safety and efficiency of such ferry flights. The updated Order maintains the original intent and operational framework while aligning with modern legislative standards. Failure to comply with the provisions of the Civil Aviation Orders can result in various civil and criminal consequences. Although specific penalties are not detailed in the explanatory statement, breaches of civil aviation regulations typically incur fines or other administrative penalties. In more severe cases, non-compliance might lead to criminal charges, particularly if the breach results in significant safety risks or accidents. The maximum penalties would depend on the nature and severity of the breach, in accordance with the broader civil aviation legislative framework. The Office of Regulation Review has determined that a Regulation Impact Statement is unnecessary, classifying the amendment as minor or of a machinery of government nature. This reflects the minimal changes to existing law or policy, focusing instead on ensuring regulatory compliance and consistency. The Order, issued by the Director of Aviation Safety under subsection 84A(2) of the Civil Aviation Act 1988, came into effect upon gazettal, ensuring timely implementation and adherence to the new legislative standards.