Civil Aviation Amendment Order (No. R64) 2004 - Civil Aviation Order 95.9 - Exemption of Australian aeroplanes from compliance with certain provisions of the Civil Aviation Regulations 1988 - Demonstration flights outside Australia (12/12/2004)

Administered by Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts

Legislation au F2005B00894 In force Legislative Instrument

Legislation content

EXPLANATORY STATEMENT

 

CIVIL AVIATION REGULATIONS 1988

    

CIVIL AVIATION ORDERS

 

REVOCATION AND REPLACEMENT OF SECTION 95.9

 

EXEMPTION OF AUSTRALIAN AEROPLANES FROM COMPLIANCE WITH CERTAIN PROVISIONS OF THE CIVIL AVIATION REGULATIONS 1988

 

Under subregulation 308 (1) of the Civil Aviation Regulations 1988 (CAR 1988), the Civil Aviation Safety Authority (CASA) may, among other things, exempt an aircraft from compliance with specified provisions of CAR 1988.  Subregulation 308 (3) provides that such an exemption is subject to the aircraft complying with any conditions specified by CASA as being necessary in the interests of safety. 

 

Section 95.9 of the Civil Aviation Orders applied to Australian aeroplanes conducting demonstration flights outside Australia.  It permitted persons to be members of the flight crew without holding a flight crew licence, special pilot licence or certificate of validation.

 

The exemption was subject to conditions.  For instance the aeroplane had at all times to have on board a demonstration pilot who held at least an Australian commercial pilot licence and, where applicable, the holder of an Australian flight engineer licence.  The purpose of the exemption was to permit foreign pilots and flight crew engineers to fly the aeroplane although not holding Australian qualifications.

 

This Order revokes and remakes section 95.9.  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  However, the opportunity has been taken to update outdated references to legislation in the Order and to introduce gender-neutral wording into the Order.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 of government 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. R64) 2004]

Interactions

Authorises

All Versions

Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.