Overview

The Civil Aviation Amendment Order (No. R69) 2004 is an instrument issued under the Civil Aviation Act 1988 to revoke and replace section 95.19 of the Civil Aviation Orders, which previously contained exemptions for F/A-18 aircraft during production and acceptance testing. This Order was introduced to ensure compliance with the Legislative Instruments Act 2003, which came into effect on 1 January 2005. The remake of section 95.19 was conducted as part of a broader review of the Civil Aviation Orders, aimed at maintaining consistency and compliance with the new legislative framework. The changes introduced by the Order do not alter existing law or policy; instead, they serve to update references to legislation and to incorporate gender-neutral language. The Office of Regulation Review determined that a Regulation Impact Statement was unnecessary due to the minor nature of the changes. The Order was issued by the Director of Aviation Safety under the authority granted by subsection 84A(2) of the Civil Aviation Act 1988 and took effect upon gazettal.

Scope and Application

The Civil Aviation Amendment Order (No. R69) 2004 pertains to the Civil Aviation Orders, specifically addressing section 95.19 which concerns exemptions from provisions of the Civil Aviation Regulations 1988 (CAR 1988) for F/A-18 aircraft during production and acceptance testing. This Order applies to the aircraft involved in these specific testing phases, and is designed to ensure that these aircraft can operate under certain exemptions from CAR 1988 requirements, which are otherwise not applicable during these testing stages. The exemptions are contingent upon compliance with conditions specified by the Civil Aviation Safety Authority (CASA) to ensure safety standards are upheld. The application of this Order is limited to F/A-18 aircraft involved in the production and acceptance testing phase, and it does not extend to other aircraft or aviation activities beyond these specified conditions. The geographic reach of the Order is aligned with the national jurisdiction of Australia, as CASA operates under the Civil Aviation Act 1988. The Order's provisions are consistent with the Legislative Instruments Act 2003, ensuring compliance with contemporary legislative standards.

Key Provisions

The key operative sections of this Order pertain to the revocation and replacement of Section 95.19 of the Civil Aviation Orders (section 1(1)). This section previously provided exemptions for F/A-18 aircraft during production and acceptance testing, which are now updated in this Order (section 1(2)). Section 2 of the Order specifies the conditions under which these exemptions apply, ensuring that safety standards are met for flight crew and aircraft (section 2(1) and (2)). Importantly, these conditions must be adhered to as per the requirements under subregulation 308(3) of the Civil Aviation Regulations 1988 (CAR 1988). The Civil Aviation Orders impose obligations on parties and entities involved in the production and testing of F/A-18 aircraft. These obligations include ensuring that the aircraft and flight crew meet specified safety standards during testing phases, as outlined in the updated Section 95.19 of the Order (section 2). The conditions set out in the Order must be strictly followed to maintain compliance with safety requirements and to ensure that the aircraft meets both United States Navy and Royal Australian Air Force (RAAF) requirements. Breach of the conditions specified in the Order may lead to serious consequences. Although the explanatory statement does not detail specific offences or penalties, non-compliance with safety conditions during testing could potentially result in significant civil or criminal liabilities under the Civil Aviation Act 1988. Penalties for breaches of civil aviation regulations can include fines and imprisonment, with the exact penalties depending on the nature and severity of the breach. The updated Order ensures that all legal requirements are met to avoid such consequences and to maintain the safety and integrity of the aircraft testing process.