Overview

The Civil Aviation Amendment Order (No. R61) 2004, enacted in 2004, addresses a specific technical requirement for the Civil Aviation Orders to comply with the Legislative Instruments Act 2003. This Act mandates that legislative instruments be drafted and presented in a certain manner, and the Order was created to ensure that the Civil Aviation Orders adhere to these new standards when the Legislative Instruments Act 2003 comes into effect on 1 January 2005. The Civil Aviation Amendment Order (No. R61) 2004 was issued by the Director of Aviation Safety under subsection 84A(2) of the Civil Aviation Act 1988. Importantly, the Order does not alter any existing laws or policies; instead, it updates outdated references to legislation and introduces gender-neutral language into the Order. The Office of Regulation Review has determined that a Regulation Impact Statement is not necessary as this Order is of a minor or machinery of government nature.

Scope and Application

The Civil Aviation Amendment Order (No. R61) 2004 pertains to the Civil Aviation Orders and the Civil Aviation Regulations 1988 (CAR 1988), specifically addressing the exemption of certain helicopters from compliance with subregulation 138(1) of CAR 1988. This Order applies to helicopters engaged in operations such as rappelling, sling load, and winching, which may necessitate deviations from the standard flight manual requirements for the sake of operational efficiency and safety. The Civil Aviation Safety Authority (CASA) has the authority to grant such exemptions under subregulation 308(1) of CAR 1988, subject to any conditions deemed necessary for safety by CASA. The Order, which came into effect upon gazette, was issued by the Director of Aviation Safety in accordance with the Civil Aviation Act 1988. It serves to ensure the Civil Aviation Orders align with the technical requirements of the Legislative Instruments Act 2003, with no substantive changes to existing law or policy, and updates outdated references and introduces gender-neutral language. The Office of Regulation Review deemed a Regulation Impact Statement unnecessary as the Order is of a minor or machinery of government nature.

Key Provisions

The Civil Aviation Amendment Order (No. R61) 2004 primarily focuses on the revocation and replacement of section 95.7.2 of the Civil Aviation Orders. The existing section 95.7.2 provided an exemption from subregulation 138(1) of the Civil Aviation Regulations 1988 (CAR 1988) for helicopters involved in specific operations, such as rappelling, sling load, and winching operations. This exemption allowed pilots to deviate from the standard flight manual procedures, which are typically necessary for safety reasons. The Order seeks to ensure compliance and consistency with the Legislative Instruments Act 2003, which comes into effect on 1 January 2005. While the substantive law and policy remain unchanged, the Order incorporates updated references to legislation and introduces gender-neutral wording. The Civil Aviation Amendment Order imposes certain obligations on the parties and entities it governs. Firstly, it mandates that any aircraft seeking exemption from compliance with specific provisions of CAR 1988 must adhere to the conditions specified by the Civil Aviation Safety Authority (CASA) to ensure safety. This requirement is outlined in subregulation 308(1) and (3) of CAR 1988. Furthermore, the Order ensures that the Civil Aviation Orders are consistent with the Legislative Instruments Act 2004, maintaining a standardised legal framework for aviation safety. In terms of potential breaches and the associated consequences, the Order itself does not explicitly outline specific offences or penalties. However, any failure to comply with the conditions set by CASA for exemption from CAR 1988 provisions could result in enforcement actions by CASA. Such actions could include revocation of the exemption, fines, or other regulatory sanctions. The exact penalties would depend on the nature and severity of the breach, as governed by the broader Civil Aviation Act 1988 and related regulations. It is crucial for operators and pilots to adhere strictly to the conditions of any exemption granted by CASA to avoid any legal repercussions.