Overview

The Civil Aviation Amendment Order (No. R64) 2004, enacted in 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 to come into effect on 1 January 2005. This Order, issued by the Director of Aviation Safety under subsection 84A(2) of the Civil Aviation Act 1988, revokes and remakes section 95.9 of the Civil Aviation Orders, which previously allowed Australian aeroplanes conducting demonstration flights outside Australia to be exempt from certain compliance provisions of the Civil Aviation Regulations 1988. This exemption allowed for the presence of foreign pilots and flight engineers without Australian qualifications, provided there was a demonstration pilot on board with appropriate Australian credentials. The revocation and remake of the section aim to ensure consistency and compliance with the Legislative Instruments Act 2004, with no substantive changes to existing law or policy. Additionally, the remake provides an opportunity to update references and introduce gender-neutral wording into the Order.

Scope and Application

The Civil Aviation Amendment Order (No. R64) 2004 concerns the exemption of Australian aeroplanes from specific provisions of the Civil Aviation Regulations 1988 when conducting demonstration flights outside Australia. The Order applies to Australian aeroplanes, particularly those used for demonstration flights, and the flight crew members of such aircraft. The exemption allows persons to be part of the flight crew without holding a flight crew licence, special pilot licence, or certificate of validation, provided the aeroplane is accompanied by a demonstration pilot who holds at least an Australian commercial pilot licence and, where applicable, a flight engineer holding an Australian flight engineer licence. This ensures compliance with safety requirements, even though the flight crew may not hold Australian qualifications. The Order is issued by the Director of Aviation Safety under the Civil Aviation Act 1988 and came into effect upon gazettal, serving to update and ensure consistency with the Legislative Instruments Act 2003, without altering existing law or policy.

Key Provisions

The Civil Aviation Amendment Order (No. R64) 2004, as referenced in the Explanatory Statement, primarily concerns the revocation and replacement of section 95.9 of the Civil Aviation Orders. Section 95.9 previously applied to Australian aeroplanes conducting demonstration flights outside Australia, allowing for certain crew members to operate without holding a flight crew licence, special pilot licence, or certificate of validation (section 95.9). This section has been revoked and remade as part of a broader scheme to ensure compliance with the Legislative Instruments Act 2003, which came into effect on 1 January 2005. The changes to the Order were made to maintain consistency and alignment with the new legislative framework. Importantly, these amendments did not alter the existing law or policy but were undertaken to address technical requirements and update outdated references and wording to be gender-neutral. The obligations imposed by this Order on the parties involved, particularly the Civil Aviation Safety Authority (CASA), require them to ensure that any exemption granted under subregulation 308(1) of the Civil Aviation Regulations 1988 (CAR 1988) is subject to conditions specified for safety purposes (subregulation 308(3)). In the context of the exemption for Australian aeroplanes conducting demonstration flights, this means that CASA must ensure that such aircraft have on board a demonstration pilot holding at least an Australian commercial pilot licence and, where applicable, a flight engineer holding an Australian flight engineer licence (section 95.9). These conditions are essential to maintain safety standards while allowing foreign pilots and engineers to participate in demonstration flights. In terms of breaches and consequences, the Explanatory Statement does not detail specific offences or penalties for non-compliance with the provisions of this Order. However, general principles of aviation law would apply, whereby non-compliance with Civil Aviation Regulations or Orders can result in significant civil or criminal penalties. Offences under the Civil Aviation Act 1988 can lead to fines and imprisonment, depending on the severity of the breach. The Civil Aviation Regulations 1988 also include provisions for offences and penalties, which may be invoked if the conditions of the exemption are not met, thereby compromising safety. The exact penalties would depend on the specific breach and the discretion of the court in applying the relevant legislation.